3 watts (ppm) Mobile ≤3 watts (ppm) 25 to 50 20.0 20.0 50.0 50 to 450 5.0 5.0 50.0 450 to 512 2.5 5.0 5.0 821 to 896 1.5 2.5 2.5 928 to 929 5.0 n/a n/a 929 to 960 1.5 n/a n/a 2110 to 2220 10.0 n/a n/a [ 61 FR 54099 , Oct. 17, 1996] § 22.357 Emission types. Any authorized station in the Public Mobile Services may transmit emissions of any type(s) that comply with the applicable emission rule, i.e. § 22.359 , § 22.861 or § 22.917 . [ 70 FR 19308 , Apr. 13, 2005] § 22.359 Emission limitations. The rules in this section govern the spectral characteristics of emissions in the Public Mobile Services, except for the Air-Ground Radiotelephone Service (see § 22.861 , instead) and the Cellular Radiotelephone Service (see § 22.917 , instead). ( a ) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log (P) dB. ( b ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 30 kHz or more. In the 60 kHz bands immediately outside and adjacent to the authorized frequency range or channel, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth (i.e., 30 kHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( c ) Alternative out of band emission limit. Licensees in the Public Mobile Services may establish an alternative out of band emission limit to be used at specified frequencies (band edges) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC. ( d ) Interference caused by out of band emissions. If any emission from a transmitter operating in any of the Public Mobile Services results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section. [ 70 FR 19308 , Apr. 13, 2005] § 22.365 Antenna structures; air navigation safety. Licensees that own their antenna structures must not allow these antenna structures to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter , and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, each FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter . See § 17.6 of this chapter . ( a ) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration. ( b ) Maintenance contracts. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) may enter into contracts with other entities to monitor and carry out necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) that make such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety. [ 61 FR 4365 , Feb. 6, 1996] § 22.377 Certification of transmitters. Transmitters used in the Public Mobile Services, including those used with signal boosters, in-building radiation systems and cellular repeaters, must be certificated for use in the radio services regulated under this part. Transmitters must be certificated when the station is ready for service, not necessarily at the time of filing an application. The FCC may list as certificated only transmitters that are capable of meeting all technical requirements of the rules governing the service in which they will operate. The procedure for obtaining certification is set forth in part 2 of this chapter . [ 78 FR 25174 , Apr. 29, 2013] § 22.379 RF exposure. Licensees and manufacturers shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 85 FR 18150 , Apr. 1, 2020] § 22.383 In-building radiation systems. Licensees may install and operate in-building radiation systems without applying for authorization or notifying the FCC, provided that the locations of the in-building radiation systems are within the protected service area of the licensee's authorized transmitter(s) on the same channel or channel block. Subpart D [Reserved] Subpart E—Paging and Radiotelephone Service § 22.501 Scope. The rules in this subpart govern the licensing and operation of public mobile paging and radiotelephone stations. The licensing and operation of these stations are also subject to rules elsewhere in this part that apply generally to the Public Mobile Services. However, in case of conflict, the rules in this subpart govern. § 22.503 Paging geographic area authorizations. The FCC considers applications for and issues paging geographic area authorizations in the Paging and Radiotelephone Service in accordance with the rules in this section. Each paging geographic area authorization contains conditions requiring compliance with paragraphs (h) and (i) of this section. ( a ) Channels. The FCC may issue a paging geographic area authorization for any channel listed in § 22.531 of this part or for any channel pair listed in § 22.561 of this part . ( b ) Paging geographic areas. The paging geographic areas are as follows: ( 1 ) The Nationwide paging geographic area comprises the District of Columbia and all States, Territories and possessions of the United States of America. ( 2 ) Major Economic Areas (MEAs) and Economic Areas (EAs) are defined below. EAs are defined by the Department of Commerce, Bureau of Economic Analysis. See Final Redefinition of the MEA Economic Areas, 60 FR 13114 (March 10, 1995). MEAs are based on EAs. In addition to the Department of Commerce's 172 EAs, the FCC shall separately license Guam and the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands, and American Samoa, which have been assigned FCC-created EA numbers 173-175, respectively, and MEA numbers 49-51, respectively. ( 3 ) The 51 MEAs are composed of one or more EAs as defined in the following table: MEAs EAs 1 (Boston) 1-3. 2 (New York City) 4-7, 10. 3 (Buffalo) 8. 4 (Philadelphia) 11-12. 5 (Washington) 13-14. 6 (Richmond) 15-17, 20. 7 (Charlotte-Greensboro-Greenville-Raleigh) 18-19, 21-26, 41-42, 46. 8 (Atlanta) 27-28, 37-40, 43. 9 (Jacksonville) 29, 35. 10 (Tampa-St. Petersburg-Orlando) 30, 33-34. 11 (Miami) 31-32. 12 (Pittsburgh) 9, 52-53. 13 (Cincinnati-Dayton) 48-50. 14 (Columbus) 51. 15 (Cleveland) 54-55. 16 (Detroit) 56-58, 61-62. 17 (Milwaukee) 59-60, 63, 104-105, 108. 18 (Chicago) 64-66, 68, 97, 101. 19 (Indianapolis) 67. 20 (Minneapolis-St. Paul) 106-107, 109-114, 116. 21 (Des Moines-Quad Cities) 100, 102-103, 117. 22 (Knoxville) 44-45. 23 (Louisville-Lexington-Evansville) 47, 69-70, 72. 24 (Birmingham) 36, 74, 78-79. 25 (Nashville) 71. 26 (Memphis-Jackson) 73, 75-77. 27 (New Orleans-Baton Rouge) 80-85. 28 (Little Rock) 90-92, 95. 29 (Kansas City) 93, 99, 123. 30 (St. Louis) 94, 96, 98. 31 (Houston) 86-87, 131. 32 (Dallas-Fort Worth) 88-89, 127-130, 135, 137-138. 33 (Denver) 115, 140-143. 34 (Omaha) 118-121. 35 (Wichita) 122. 36 (Tulsa) 124. 37 (Oklahoma City) 125-126. 38 (San Antonio) 132-134. 39 (El Paso-Albuquerque) 136, 139, 155-157. 40 (Phoenix) 154, 158-159. 41 (Spokane-Billings) 144-147, 168. 42 (Salt Lake City) 148-150, 152. 43 (San Francisco-Oakland-San Jose) 151, 162-165. 44 (Los Angeles-San Diego) 153, 160-161. 45 (Portland) 166-167. 46 (Seattle) 169-170. 47 (Alaska) 171. 48 (Hawaii) 172. 49 (Guam and the Northern Mariana Islands) 173. 50 (Puerto Rico and U.S. Virgin Islands) 174. 51 (American Samoa) 175. ( c ) Availability. The FCC may determine whether to issue a paging geographic area authorization for any specific channel or channel pair in any specific paging geographic area. The FCC may replace existing site specific authorizations for facilities on a channel or channel pair located in a paging geographic area with a paging geographic area authorization for that channel or channel pair, if in its sole discretion, the FCC determines that the public interest would be served by such replacement. ( d ) Filing windows. The FCC accepts applications for paging geographic area authorizations only during filing windows. The FCC issues Public Notices announcing in advance the dates of the filing windows, and the specific paging geographic areas and channels for which applications may be accepted. ( e ) One grant per geographic area. The FCC may grant one and only one application for a paging geographic area authorization for any specific channel or channel pair in any specific paging geographic area defined in paragraph (b) of this section. Selection from among mutually exclusive applications for a paging geographic area authorization will be made in accordance with the procedures in §§ 22.131 and 22.200 through 22.299 . If after the selection process but prior to filing a “long form” application, a successful bidder decides to partition the paging geographic area, the FCC may require and accept multiple “long form” applications from the consortium members. ( f ) Exclusive right to expand. During the term of a paging geographic area authorization, the FCC does not accept, from anyone other than the paging geographic area licensee, any major application for authorization to operate a facility that would serve unserved area within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, unless any extension of the interfering contour of the proposed facility falls: ( 1 ) Within the composite interfering contour of another licensee; or, ( 2 ) Into unserved area and the paging geographic area licensee consents to such extension. ( g ) Subsequent applications not accepted. During the term of a paging geographic area authorization, the FCC does not accept any application for authorization relating to a facility that is or would be located within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, except in the following situations: ( 1 ) FCC grant of an application authorizing the construction of the facility could have a significant environmental effect as defined by § 1.1307 of this chapter . See § 22.115(a)(5) . ( 2 ) Specific international coordination procedures are required, prior to assignment of a channel to the facility, pursuant to a treaty or other agreement between the United States government and the government of Canada or Mexico. See § 22.169 . ( 3 ) The paging geographic area licensee or another licensee of a system within the paging geographic area applies to assign its authorization or for FCC consent to a transfer of control. ( h ) Adjacent geographic area coordination required. Before constructing a facility for which the interfering contour (as defined in § 22.537 or § 22.567 of this part , as appropriate for the channel involved) would extend into another paging geographic area, a paging geographic area licensee must obtain the consent of the relevant co-channel paging geographic area licensee, if any, into whose area the interfering contour would extend. Licensees are expected to cooperate fully and in good faith attempt to resolve potential interference problems before bringing matters to the FCC. In the event that there is no co-channel paging geographic area licensee from whom to obtain consent in the area into which the interfering contour would extend, the facility may be constructed and operated subject to the condition that, at such time as the FCC issues a paging geographic area authorization for that adjacent geographic area, either consent must be obtained or the facility modified or eliminated such that the interfering contour no longer extends into the adjacent geographic area. ( i ) Protection of existing service. All facilities constructed and operated pursuant to a paging geographic area authorization must provide co-channel interference protection in accordance with § 22.537 or § 22.567 , as appropriate for the channel involved, to all authorized co-channel facilities of exclusive licensees within the paging geographic area. Non-exclusive licensees on the thirty-five exclusive 929 MHz channels are not entitled to exclusive status, and will continue to operate under the sharing arrangements established with the exclusive licensees and other non-exclusive licensees that were in effect prior to February 19, 1997. MEA, EA, and nationwide geographic area licensees have the right to share with non-exclusive licensees on the thirty-five exclusive 929 MHz channels on a non-interfering basis. ( j ) Site location restriction. The transmitting antenna of each facility constructed and operated pursuant to a paging geographic area authorization must be located within the paging geographic area specified in the authorization. ( k ) Coverage requirements. Failure by an MEA or EA licensee to meet either the coverage requirements in paragraphs (k)(1) and (k)(2) of this section, or alternatively, the substantial service requirement in paragraph (k)(3) of this section, will result in automatic termination of authorizations for those facilities that were not authorized, constructed, and operating at the time the geographic area authorization was granted. MEA and EA licensees have the burden of showing when their facilities were authorized, constructed, and operating, and should retain necessary records of these sites until coverage requirements are fulfilled. For the purpose of this paragraph, to “cover” area means to include geographic area within the composite of the service contour(s) determined by the methods of § 22.537 or § 22.567 as appropriate for the particular channel involved. Licensees may determine the population of geographic areas included within their service contours using either the 1990 census or the 2000 census, but not both. ( 1 ) No later than three years after the initial grant of an MEA or EA geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover one third of the population in the paging geographic area. The licensee must notify the FCC at the end of the three-year period pursuant to § 1.946 of this chapter , either that it has satisfied this requirement or that it plans to satisfy the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section. ( 2 ) No later than five years after the initial grant of an MEA or EA geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover two thirds of the population in the paging geographic area. The licensee must notify the FCC at the end of the five year period pursuant to § 1.946 of this chapter , either that it has satisfied this requirement or that it has satisfied the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section. ( 3 ) As an alternative to the coverage requirements of paragraphs (k)(1) and (k)(2) of this section, the paging geographic area licensee may demonstrate that, no later than five years after the initial grant of its paging geographic area authorization, it provides substantial service to the paging geographic area. “Substantial service” means service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal. [ 62 FR 11633 , Mar. 12, 1997, as amended at 63 FR 68945 , Dec. 14, 1998; 64 FR 33782 , June 24, 1999] § 22.507 Number of transmitters per station. This section concerns the number of transmitters licensed under each station authorization in the Paging and Radiotelephone Service, other than paging geographic area authorizations. ( a ) Operationally related transmitters. Each station must have at least one transmitter. There is no limit to the number of transmitters that a station may comprise. However, transmitters within a station should be operationally related and/or should serve the same general geographical area. Operationally related transmitters are those that operate together as a system ( e.g. , trunked systems, simulcast systems), rather than independently. ( b ) Split of large systems. The FCC may split wide-area systems into two or more stations for administrative convenience. Except for nationwide paging and other operationally related transmitters, transmitters that are widely separated geographically are not licensed under a single authorization. ( c ) Consolidation of separate stations. The FCC may consolidate site-specific contiguous authorizations upon request (FCC Form 601) of the licensee, if appropriate under paragraph (a) of this section. Paging licensees may include remote, stand-alone transmitters under the single system-wide authorization, if the remote, stand-alone transmitter is linked to the system via a control/repeater facility or by satellite. Including a remote, stand-alone transmitter in a system-wide authorization does not alter the limitations provided under § 22.503(f) on entities other than the paging geographic area licensee. In the alternative, paging licensees may maintain separate site-specific authorizations for stand-alone or remote transmitters. The earliest expiration date of the authorizations that make up the single system-wide authorization will determine the expiration date for the system-wide authorization. Licensees must file timely renewal applications for site-specific authorizations included in a single system-wide authorization request until the request is approved. Renewal of the system-wide authorization will be subject to § 1.949 of this chapter . ( d ) Replacement of site-by-site authorizations with single authorization. After a paging geographic area authorization for a channel has been issued, the FCC may, on its own motion, replace the authorization(s) of any other licensee (for facilities located within that paging geographic area on that channel) with a single replacement authorization. [ 62 FR 11634 , Mar. 12, 1997, as amended at 63 FR 68945 , Dec. 14, 1998; 64 FR 33784 , June 24, 1999] § 22.509 Procedures for mutually exclusive applications in the Paging and Radiotelephone Service. Mutually exclusive applications in the Paging and Radiotelephone Service, including those that are mutually exclusive with applications in the Rural Radiotelephone Service, are processed in accordance with § 22.131 and with this section. ( a ) Applications in the Paging and Radiotelephone Service may be mutually exclusive with applications in the Rural Radiotelephone Service if they seek authorization to operate facilities on the same channel in the same area, or the technical proposals are otherwise in conflict. See § 22.567 . ( b ) A modification application in either service filed on the earliest filing date may cause all later-filed mutually exclusive applications of any type in either service to be “cut off” (excluded from a same-day filing group) and dismissed, pursuant to § 22.131(c)(3)(ii) and § 22.131(c)(4) . [ 59 FR 59956 , Nov. 21, 1994, as amended at 61 FR 54099 , Oct. 17, 1996; 64 FR 33784 , June 24, 1999] § 22.511 Construction period for the Paging and Radiotelephone Service. The construction period for stations in the Paging and Radiotelephone Service is one year. § 22.513 Partitioning and disaggregation. MEA and EA licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time following grant of their geographic area authorizations. Nationwide geographic area licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time as of August 23, 1999. ( a ) Application required. Parties seeking approval for partitioning and/or disaggregation shall apply for partial assignment of a license pursuant to § 1.948 of this chapter . ( b ) Partitioning. In the case of partitioning, requests for authorization for partial assignment of a license must include, as attachments, a description of the partitioned service area and a calculation of the population of the partitioned service area and the authorized geographic service area. The partitioned service area shall be defined by 120 sets of geographic coordinates at points at every 3 degrees azimuth from a point within the partitioned service area along the partitioned service area boundary unless either an FCC-recognized service area is used (e.g., MEA or EA) or county lines are followed. The geographical coordinates must be specified in degrees, minutes, and seconds to the nearest second latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). In the case where FCC-recognized service areas or county lines are used, applicants need only list the specific area(s) through use of FCC designations or county names that constitute the partitioned area. ( c ) Disaggregation. Spectrum may be disaggregated in any amount. ( d ) Combined partitioning and disaggregation. Licensees may apply for partial assignment of authorizations that propose combinations of partitioning and disaggregation. ( e ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 1.955 of this chapter . [ 64 FR 33784 , June 24, 1999, as amended at 82 FR 41547 , Sept. 1, 2017] § 22.515 Permissible communications paths. Mobile stations may communicate only with and through base stations. Base stations may communicate only with mobile stations and receivers on land or surface vessels. § 22.527 Signal boosters. Licensees may install and operate signal boosters on channels listed in § 22.531 only in accordance with the provisions of § 22.165 governing additional transmitters for existing systems. Licensees must not allow any signal booster that they operate to cause interference to the service or operation of any other authorized stations or systems. [ 61 FR 31051 , June 19, 1996] § 22.529 Application requirements for the Paging and Radiotelephone Service. In addition to information required by subparts B and D of this part , applications for authorization in the Paging and Radiotelephone Service contain required information as described in the instructions to the form. Site coordinates must be referenced to NAD83 and be correct to + −1 second. ( a ) Administrative information. The following information, associated with Form 601, is required as indicated. Each application of any type, including applications for paging geographic area authorizations, must contain one and only one Schedule A. ( 1 ) The purpose of the filing is required for each application of any type. ( 2 ) The geographic area designator, channel and geographic area name are required only for each application for a paging geographic area authorization. ( 3 ) The FCC control point number, if any, the location (street address, city or town, state), the telephone number and an indication of the desired database action are required only for each application proposing to add or delete a control point. ( 4 ) The FCC location number, file number and location (street address, city or town, state) of authorized facilities that have not been constructed are required only for each application requesting an extension of time to construct those facilities. ( b ) Technical data. The following data, associated with FCC Form 601, are required as indicated for each application. Applications for a paging geographic area authorization must not contain Schedule B. Other type of applications may contain as many Schedule Bs as are necessary for the intended purpose. ( 1 ) For each transmitting antenna site to be added, deleted or modified, the following are required: an indication of the desired database action, the Commission location number, if any, the street address or other description of the transmitting antenna site, the city, county and state, the geographic coordinates (latitude and longitude), correct to ±1 second, of the transmitting antenna site (NAD83), and in the case of a proposed relocation of a transmitting antenna, the Commission location number and geographic coordinates, correct to ±1 second, of the transmitting antenna site (NAD83) to which the geographic coordinates of the current location are referenced. ( 2 ) For each transmitting antenna site to be added, deleted or modified, the following supplementary information is required: An indication as to whether or not the transmitting antenna site is within 200 kilometers (124 miles) of the U.S.-Mexico border, and an indication as to whether or not the transmitting antenna site is North of Line A or East of Line C. Line A and Line C are defined in § 2.1 of this chapter . For each adjacent geographic area within 200 kilometers (124 miles) of each transmitting antenna site to be added, deleted or modified, the geographic area designator and name, and the shortest distance (in kilometers) to the boundary of that geographic area. ( 3 ) The height (in meters) above average terrain of the center of radiation of the antenna, the beamwidth of the main lobe of the horizontal radiation pattern of the electric field of the antenna, the height (in meters) to the tip of the antenna above ground level, a polar plot of the horizontal gain pattern of the antenna, the antenna gain in the maximum lobe and the electric field polarization of the wave emitted by the antenna when installed as proposed. ( i ) The center frequency of the requested channel, the transmitter classification (e.g. base, fixed mobile), the designator for any non-standard emission type to be used, including bandwidth and modulation type, and the maximum effective radiated power. ( ii ) For each of the eight cardinal radials, the antenna height above the average elevation along the radial, and the effective radiated power of each transmitter in the direction of the radial. ( iii ) For each transmitter proposed to transmit on a channel reserved for point-to-multipoint operation involving transmission to four or more points of communications (i.e. base transmitters), the following is required for each point of communication: an indication of the desired database action, the location (city or town, state), and the geographical coordinates (latitude and longitude, NAD 83). ( c ) Upon request by an applicant, licensee, or the Commission, a part 22 applicant or licensee of whom the request is made shall furnish the antenna type, model, and the name of the antenna manufacturer to the requesting party within ten (10) days of receiving written notification. [ 62 FR 11635 , Mar. 12, 1997, as amended at 63 FR 68945 , Dec. 14, 1998; 64 FR 53240 , Oct. 1, 1999] Paging Operation § 22.531 Channels for paging operation. The following channels are allocated for assignment to base transmitters that provide paging service, either individually or collectively under a paging geographic area authorization. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. Low VHF Channels 35.20 35.46 43.20 43.46 35.22 35.50 43.22 43.50 35.24 35.54 43.24 43.54 35.26 35.56 43.26 43.56 35.30 35.58 43.30 43.58 35.34 35.60 43.34 43.60 35.38 35.62 43.38 43.62 35.42 35.66 43.42 43.66 High VHF Channels 152.24 152.84 158.10 158.70 UHF Channels 931.0125 931.2625 931.5125 931.7625 931.0375 931.2875 931.5375 931.7875 931.0625 931.3125 931.5625 931.8125 931.0875 931.3375 931.5875 931.8375 931.1125 931.3625 931.6125 931.8625 931.1375 931.3875 931.6375 931.8875 931.1625 931.4125 931.6625 931.9125 931.1875 931.4375 931.6875 931.9375 931.2125 931.4625 931.7125 931.9625 931.2375 931.4875 931.7375 931.9875 ( a ) - ( b ) [Reserved] ( c ) Upon application using FCC Form 601, common carriers may be authorized to provide one-way paging service using the leased subcarrier facilities of broadcast stations licensed under part 73 of this chapter . ( d ) Occasionally in case law and other formal and informal documents, the low VHF channels have been referred to as “lowband” channels, and the high VHF channels have been referred to as “guardband” channels. ( e ) Pursuant to the U.S.-Canada Interim Coordination Considerations for 929-932 MHz, as amended, only the following UHF channels may be assigned in the continental United States North of Line A or in the State of Alaska East of Line C, within the indicated longitudes: ( 1 ) From longitude W.73° to longitude W.75° and from longitude W.78° to longitude W.81°: 931.0125 931.1125 931.1875 931.2625 931.0375 931.1375 931.2125 931.8625 931.0625 931.1625 931.2375 ( 2 ) From longitude W.81° to longitude W.85°: 931.0125 931.2125 931.3875 931.5875 931.0375 931.2375 931.4125 931.6125 931.0625 931.2625 931.4625 931.6375 931.1125 931.2875 931.4875 931.8625 931.1375 931.3125 931.5125 931.1625 931.3375 931.5375 931.1875 931.3625 931.5625 ( 3 ) Longitudes other than specified in paragraphs (e)(1) and (e)(2) of this section: 931.0125 931.1625 931.2875 931.4125 931.0375 931.1875 931.3125 931.4625 931.0625 931.2125 931.3375 931.8625 931.1125 931.2375 931.3625 931.1375 931.2625 931.3875 ( 4 ) At any longitude, with authorization condition requiring coordinated, shared use and equal access by licensees in both countries: 931.4375 931.8875 931.9125 931.9375 ( f ) For the purpose of issuing paging geographic authorizations, the paging geographic areas used for UHF channels are the MEAs, and the paging geographic areas used for the low and high VHF channels are the EAs (see § 22.503(b) ). [ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 62 FR 11635 , Mar. 12, 1997; 63 FR 68945 , Dec. 14, 1998; 64 FR 33784 , June 24, 1999; 70 FR 19309 , Apr. 13, 2005] § 22.535 Effective radiated power limits. The effective radiated power (ERP) of transmitters operating on the channels listed in § 22.531 must not exceed the limits in this section. ( a ) Maximum ERP. The ERP must not exceed the applicable limits in this paragraph under any circumstances. Frequency range (MHz) Maximum ERP (Watts) 35-36 600 43-44 500 152-159 1400 931-932 3500 ( b ) Basic power limit. Except as provided in paragraph (d) of this section, the ERP of transmitters on the VHF channels must not exceed 500 Watts. ( c ) Height-power limit. Except as provided in paragraph (d) of this section, the ERP of transmitters on the VHF channels must not exceed the amount that would result in an average distance to the service contour of 32.2 kilometers (20 miles). The average distance to the service contour is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.537 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water. ( d ) Encompassed interfering contour areas. Transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel base transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers. ( e ) Adjacent channel protection. The ERP of transmitters must not exceed 500 Watts if they: ( 1 ) Transmit on a channel in the 152-159 MHz frequency range and are located less than 5 kilometers (3.1 miles) from any station licensed in the Private Radio Services that receives on an adjacent channel; or, ( 2 ) Transmit on channel 158.10 or 158.70 MHz and are located less than 5 kilometers (3.1 miles) from any station licensed in the Public Mobile Services that receives on either of the following adjacent channels: 158.07 MHz or 158.67 MHz. ( f ) Signal boosters. The effective radiated power of signal boosters must not exceed 5 watts ERP under any normal operating condition. [ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 31051 , June 19, 1996] § 22.537 Technical channel assignment criteria. The rules in this section establish technical assignment criteria for the channels listed in § 22.531 . These criteria permit channel assignments to be made in a manner such that reception by public paging receivers of signals from base transmitters, within the service area of such base transmitters, is protected from interference caused by the operation of independent co-channel base transmitters. ( a ) Contour overlap. The FCC may grant an application requesting assignment of a channel to a proposed base transmitter only if: ( 1 ) The interfering contour of the proposed transmitter does not overlap the service contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless that carrier has agreed in writing to accept any interference that may result from operation of the proposed transmitter; and, ( 2 ) The service contour of the proposed transmitter does not overlap the interfering contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless the applicant agrees to accept any interference that may result from operation of the protected co-channel transmitter; and, ( 3 ) The area and/or population to which service would be provided by the proposed transmitter is substantial, and service gained would exceed that lost as a result of agreements to accept interference. ( b ) Protected transmitter. For the purposes of this section, protected transmitters are authorized transmitters for which there is a current FCC public record and transmitters proposed in prior-filed pending applications. ( c ) VHF service contour. For paging stations transmitting on the VHF channels, the distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: d = 1.243 × h 0.40 × p 0.20 where d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 1 ) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever is more. ( 3 ) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (c) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. ( d ) VHF interfering contour. For paging stations transmitting on the VHF channels, the distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: d = 6.509 × h 0.28 × p 0.17 where d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 1 ) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever is more. ( 3 ) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. In resolving petitions to deny, however, the FCC may calculate the distance to the interfering contour using the formula in paragraph (d) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. ( e ) 931 MHz service contour. For paging stations transmitting on the 931 MHz channels, the service contour is a circle, centered on the transmitting antenna, with a radius determined from Table E-1 of this section. Table E—1-931 MHz Paging Service Radii Service radius km (miles) Effective radiated power (Watts) Antenna HAAT meters (feet) 0-125 126-250 251-500 501-1000 1001-1860 1861-3500 0-177 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) (0-581) 178-305 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26) (582-1001) 306-427 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35) (1002-1401) 428-610 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35) 56.3 (35) (1402-2001) 611-861 37.0 (23) 41.8 (26) 41.8 (26) 56.3 (35) 83.7 (52) 83.7 (52) (2002-2825) 862-1219 41.8 (26) 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52) (2826-3999) 1220 + 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52) 83.7 (52) (4000 + ) ( f ) 931 MHz interfering contour. For paging stations transmitting on the 931 MHz channels, the interfering contour is a circle, centered on the transmitting antenna, with a radius determined from Table E-2 of this section. Table E—2-931 MHz Paging Interfering Radii Interfering radius km (miles) Effective radiated power (Watts) Antenna HAAT meters (feet) 0-125 126-250 251-500 501-1000 1001-1860 1861-3500 0-177 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) (0-581) 178-305 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60) (582-1001) 306-427 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81) (1002-1401) 428-610 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81) 130.4 (81) (1402-2001) 611-861 88.5 (55) 96.6 (60) 96.6 (60) 130.4 (81) 191.5 (119) 191.5 (119) (2002-2825) 862-1219 96.6 (60) 130.4 (81) 130.4 (81) 191.5 (119) 191.5 (119) 191.5 (119) (2826-3999) 1220 + (4000 + ) 130.4 (81) 130.4 (81) 191.5 (119) 191.5 (119) 191.5 (119) 191.5 (119) ( g ) In-building radiation systems. The locations of in-building radiation systems must be within the service contour(s) of the licensee's authorized transmitter(s) on the same channel. In-building radiation systems are not protected facilities, and therefore do not have service or interfering contours. ( h ) Signal boosters on 931 MHz channels. For the purpose of compliance with § 22.165 and notwithstanding paragraphs (e) and (f) of this section, signal boosters operating on the 931 MHz channels with an antenna HAAT not exceeding 30 meters (98 feet) are deemed to have as a service contour a circle with a radius of 1.0 kilometer (0.6 mile) and as an interfering contour a circle with a radius of 10 kilometers (6.2 miles). [ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 31051 , June 19, 1996] § 22.559 Paging application requirements. In addition to information required by subparts B and D and § 22.529 , applications for authorization to operate a paging transmitter on the channels listed in § 22.531 , other than applications for a paging geographic area authorization, must contain the applicable supplementary information described in this section. ( a ) Interference exhibit. Except as provided in paragraph (b) of this section, an exhibit demonstrating compliance with § 22.537 with regard to protected transmitters is required for applications to operate a transmitter on the VHF channels. This exhibit must: ( 1 ) Identify each protected transmitter located within 109 kilometers (68 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 76.5 kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 76.5 kilometers (47.5 miles). ( 2 ) For each protected transmitter identified, show the results of distance calculations indicating that there would be no overlap of service and interfering contours, or alternatively, indicate that the licensee of or applicant for the protected transmitter and/or the applicant, as required, have agreed in writing to accept any interference resulting from operation of the proposed transmitter. ( b ) Encompassment exhibit. An exhibit showing that the area within the interfering contour of the proposed transmitter would be totally encompassed by interfering contours of operating co-channel base transmitters controlled by the applicant is required for applications to operate a transmitter with ERP exceeding the basic power and height-power limits of § 22.535 . For VHF transmitters, this encompassment exhibit may substitute for the interference exhibit required in paragraph (a) of this section. [ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 11636 , Mar. 12, 1997] One-way or Two-way Mobile Operation § 22.561 Channels for one-way or two-way mobile operation. The following channels are allocated for paired assignment to transmitters that provide (or support other transmitters that provide) one-way or two-way public land mobile service, either individually or collectively under a paging geographic area authorization. The paging geographic areas used for these channels are the EAs ( see § 22.503(b)(3) ). These channels may be assigned for use by mobile or base transmitters as indicated, and or by fixed transmitters (including control, repeater or other fixed transmitters). The mobile channels may also be assigned for use by base or fixed transmitters under certain circumstances ( see § 22.567(h) ). Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. Base Mobile Base Mobile VHF Channels 152.03 158.49 152.57 157.83 152.06 158.52 152.60 157.86 152.09 158.55 152.63 157.89 152.12 158.58 152.66 157.92 152.15 158.61 152.69 157.95 152.18 158.64 152.72 157.98 152.21 158.67 152.75 158.01 152.51 157.77 152.78 158.04 152.54 157.80 152.81 158.07 UHF Channels 454.025 459.025 454.350 459.350 454.050 459.050 454.375 459.375 454.075 459.075 454.400 459.400 454.100 459.100 454.425 459.425 454.125 459.125 454.450 459.450 454.150 459.150 454.475 459.475 454.175 459.175 454.500 459.500 454.200 459.200 454.525 459.525 454.225 459.225 454.550 459.550 454.250 459.250 454.575 459.575 454.275 459.275 454.600 459.600 454.300 459.300 454.625 459.625 454.325 459.325 454.650 459.650 [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9889 , Feb. 22, 1995, as amended at 62 FR 11636 , Mar. 12, 1997] § 22.565 Transmitting power limits. The transmitting power of base, mobile and fixed transmitters operating on the channels listed in § 22.561 must not exceed the limits in this section. ( a ) Maximum ERP. The effective radiated power (ERP) of base and fixed transmitters must not exceed the applicable limits in this paragraph under any circumstances. Frequency range (MHz) Maximum ERP (watts) 152-153 1400 157-159 150 454-455 3500 459-460 150 ( b ) Basic power limit. Except as provided in paragraph (d) of this section, the ERP of base transmitters must not exceed 500 Watts. ( c ) Height-power limits. Except as provided in paragraph (d) of this section, the ERP of base transmitters must not exceed the amount that would result in an average distance to the service contour of 41.6 kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles) for UHF channels. The average distance to the service contour is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.567 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water. ( d ) Encompassed interfering contour areas. Base transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel based transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers. ( e ) Adjacent channel protection. The ERP of base and fixed transmitters must not exceed 500 Watts if they transmit on channel 454.025 MHz and are located less than 7 kilometers (4.3 miles) from any Private Radio Services station receiving on adjacent channel 454.0000 MHz. ( f ) Mobile transmitters. The transmitter output power of mobile transmitters must not exceed 60 watts. [ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19309 , Apr. 13, 2005] § 22.567 Technical channel assignment criteria. The rules in this section establish technical assignment criteria for the channels listed in § 22.561 . The criteria in paragraphs (a) through (f) of this section permit channel assignments to be made in a manner such that reception by public mobile receivers of signals from base transmitters, within the service area of such base transmitters, is protected from interference caused by the operation of independent co-channel base and fixed transmitters in the Paging and Radiotelephone Service and central office stations, including Basic Exchange Telephone Radio Systems (BETRS), in the Rural Radiotelephone Service. Additional criteria in paragraph (g) of this section permit channel assignments to be made in a manner such that BETRS communications are protected from interference caused by the operation of independent co-channel base and fixed transmitters in the Paging and Radiotelephone Service and other central office stations in the Rural Radiotelephone Service. Separate criteria in paragraph (h) of this section apply only to assignment of the channels designated in § 22.561 as mobile channels to base and fixed transmitters, and permit these channel assignments to be made in a manner such that reception by public base and fixed receivers of signals from associated mobile and fixed transmitters is protected from interference caused by the operation of independent co-channel base and fixed transmitters. ( a ) Contour overlap. The FCC may grant an application requesting assignment of a channel to a proposed base, fixed or central office station transmitter only if: ( 1 ) The interfering contour of the proposed transmitter does not overlap the service contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless that carrier has agreed in writing to accept any interference that may result from operation of the proposed transmitter; and ( 2 ) The service contour of the proposed transmitter does not overlap the interfering contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless the application contains a statement that the applicant agrees to accept any interference that may result from operation of the protected co-channel transmitter; and ( 3 ) The area and/or population to which service would be provided by the proposed transmitter is substantial, and service gained would exceed that lost as a result of agreements to accept interference. ( b ) Protected transmitter. For the purposes of this section, protected transmitters are authorized transmitters for which there is a current FCC public record and transmitters proposed in prior-filed pending applications, in the Paging and Radiotelephone Service and the Rural Radiotelephone Service. ( c ) VHF service contour. For base stations transmitting on the VHF channels, the radial distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: d = 1.609 × h 0.40 × p 0.20 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 1 ) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. ( 3 ) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (c) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. ( d ) VHF interfering contour. For base and fixed stations transmitting on the VHF channels, the radial distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: ( 1 ) If the radial antenna HAAT is less than 150 meters: d = 8.577 × h 0.24 × p 0.19 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) If the radial antenna HAAT is 150 meters or more: d = 12.306 × h 0.23 × p 0.14 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 3 ) The value used for p in the above formulas must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. ( 4 ) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the interfering contour using the appropriate formula in paragraph (d) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. ( e ) UHF service contour. For base stations transmitting on the UHF channels, the radial distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: d = 1.726 × h 0.35 × p 0.18 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 1 ) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. ( 3 ) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (e) of this section with actual HAAT and ERP data for the inter-station radial and addition radials above and below the below the inter-station radial at 2.5° intervals. ( f ) UHF interfering contour. For base and fixed stations transmitting on the UHF channels, the radial distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: ( 1 ) If the radial antenna HAAT is less than 150 meters: d = 9.471 × h 0.23 × p 0.15 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) If the radial antenna HAAT is 150 meters or more: d = 6.336 × h 0.31 × p 0.15 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 3 ) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. ( 4 ) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the interfering contour using the appropriate formula in paragraph (f) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. ( g ) Protection for BETRS. In applying the provisions of paragraph (a) of this section, if either or both of the transmitters involved is a BETRS central office station, the following contour substitutions must be used: ( 1 ) The service contour of the BETRS central office station(s) is a circle, centered on the central office station antenna, with a radius of 40 kilometers (25 miles). ( 2 ) The interfering contour of any station of any type, when determining whether it would overlap the service contour of a BETRS central office station, is calculated as follows: d = 36.364 × h 0.2 × p 0.1 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. ( h ) Assignment of mobile channels to base or fixed transmitters. Mobile channels may be assigned to base or fixed transmitters if the following criteria are met: ( 1 ) The paired base channel, as designated in § 22.561 , is assigned to base transmitters in the same geographical area operated by the same licensee. ( 2 ) The authorization is granted subject to the condition that no interference be caused to fixed receivers in use on or prior to the date of the grant. § 22.571 Responsibility for mobile stations. Mobile stations that are subscribers in good standing to a two-way service in the Paging and Radiotelephone Service, when receiving service from that station, are considered to be operating under the authorization of that station. Licensees are responsible for exercising effective operational control over mobile stations receiving service through their stations. Mobile stations that are subscribers in good standing to a two-way service in the Paging and Radiotelephone Service, while receiving service from a different station, are considered to be operating under the authorization of such different station. The licensee of such different station is responsible, during such temporary period, for exercising effective operational control over such mobile stations as if they were subscribers to it. § 22.573 Use of base transmitters as repeaters. As an additional function, base transmitters may be used as repeaters. Licensees must be able to turn the base transmitter on or off from the control point regardless of whether a subscriber-operated transmitter is transmitting. § 22.575 Use of mobile channel for remote control of station functions. Carriers may remotely control station functions (e.g. shut down or reactivate base transmitters, turn aviation obstruction warning lights on or off, etc.) using a control transmitter operating on a mobile channel, subject to the conditions in this section and in § 22.567(h) . ( a ) The control transmitter must be capable of overriding transmissions from subscriber-operated transmitters if necessary. Subscriber-operated transmitters must not be capable of being used to deliberately or accidentally prevent the licensee from controlling the station. ( b ) The licensee must implement measures designed to prevent station functions from being controlled by persons not authorized by the licensee to control the station. ( c ) The control transmitter location must be within the composite service contour of the licensee's authorized station on the paired base channel. § 22.579 Operation of mobile transmitters across U.S.-Canada border. Mobile stations licensed by Canada may receive two-way service while in the United States from stations licensed under this part, after authorization has been granted by the FCC. Mobile stations that normally operate under the authority of base stations licensed under this part may receive two-way service while in Canada from stations licensed under this part or by Canada, upon authorization by Canada. § 22.589 One-way or two-way application requirements. In addition to information required by subparts B and D and § 22.529 , applications for authorization to operate a paging transmitter on the channels listed in § 22.531 , other than applications for a paging geographic area authorization, must contain the applicable supplementary information described in this section. ( a ) Interference exhibit. Except as provided in paragraph (b) of this section, an exhibit demonstrating compliance with § 22.567 with regard to protected transmitters is required. This exhibit must: ( 1 ) For UHF channels, identify each protected transmitter located within 108 kilometers (67 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 76.4 kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 76.4 kilometers (47.5 miles); and identify each protected Basic Exchange Telephone Radio System central office transmitter in the Rural Radiotelephone Service within 231 kilometers (144 miles), ( 2 ) For VHF channels, identify each protected transmitter located within 135 kilometers (84 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 93.3 kilometers (58 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 93.3 kilometers (58 miles). ( 3 ) For each protected transmitter identified, show the results of distance calculations indicating that there would be no overlap of service and interfering contours, or alternatively, indicate that the licensee of or applicant for the protected transmitter and/or the applicant, as required, have agreed in writing to accept any interference resulting from operation of the proposed transmitter. ( b ) Encompassment exhibit. An exhibit showing that the area within the interfering contour of the proposed transmitter would be totally encompassed by interfering contours of operating co-channel base transmitters controlled by the applicant is required for applications to operate a transmitter with ERP exceeding the basic power and height-power limits of § 22.565 . This encompassment exhibit may substitute for the interference exhibit required in paragraph (a) of this section. [ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 11636 , Mar. 12, 1997] Point-to-Point Operation § 22.591 Channels for point-to-point operation. The following channels are allocated for assignment to fixed transmitters that support other transmitters that provide public mobile service. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. VHF Channels 72.02 72.36 72.80 75.66 72.04 72.38 72.82 75.68 72.06 72.40 72.84 75.70 72.08 72.42 72.86 75.72 72.10 72.46 72.88 75.74 72.12 72.50 72.90 75.76 72.14 72.54 72.92 75.78 72.16 72.58 72.94 75.80 72.18 72.62 72.96 75.82 72.20 72.64 72.98 75.84 72.22 72.66 75.42 75.86 72.24 72.68 75.46 75.88 72.26 72.70 75.50 75.90 72.28 72.72 75.54 75.92 72.30 72.74 75.58 75.94 72.32 72.76 75.62 75.96 72.34 72.78 75.64 75.98 72.10 72.46 72.88 75.74 72.12 72.50 72.90 75.76 72.14 72.54 72.92 75.78 72.16 72.58 72.94 75.80 72.18 72.62 72.96 75.82 72.20 72.64 72.98 75.84 72.22 72.66 75.42 75.86 72.24 72.68 75.46 75.88 72.26 72.70 75.50 75.90 72.28 72.72 75.54 75.92 72.30 72.74 75.58 75.94 72.32 72.76 75.62 75.96 72.34 72.78 75.64 75.98 UHF Channels—State of Hawaii 488.250 491.250 489.750 492.750 488.750 491.750 490.250 493.250 489.250 492.250 490.750 493.750 ( a ) The 72-76 MHz channels may be used in point-to-multipoint configurations. The 72-76 MHz channels are also allocated for assignment in the Private Radio Services (see part 90 of this chapter ). ( b ) [Reserved] ( c ) Channels in the frequency ranges 488.250-490.750 and 491.250-493.750 MHz may be assigned only to inter-island fixed stations located in the State of Hawaii. [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9889 , Feb. 22, 1995, as amended at 70 FR 19309 , Apr. 13, 2005; 78 FR 25174 , Apr. 29, 2013] § 22.593 Effective radiated power limits. The effective radiated power of fixed stations operating on the channels listed in § 22.591 must not exceed 150 Watts. The equivalent isotropically radiated power of existing fixed microwave stations (2110-2130 and 2160-2180 MHz) licensed under this part (pursuant to former rules) must not exceed the applicable limits set forth in § 101.113 of this chapter . [ 70 FR 19309 , Apr. 13, 2005] § 22.601 Existing microwave stations licensed under this part. Existing microwave stations (2110-2130 and 2160-2180 MHz) licensed under this part (pursuant to former rules) are subject to the transition rules in § 22.602 . No new microwave systems will be authorized under this part. ( a ) Coordination required. Before filing applications for authority to modify existing stations on these channels or major amendments to such applications, carriers must coordinate the planned channel usage, using the procedure outlined in § 22.150 , with affected parties in this radio service and the Point-to-Point Microwave Service and the Multipoint Distribution Service. Affected parties are licensees and other applicants with previously filed pending applications whose stations could affect or be affected by the proposed modification of the existing station in terms of interference. ( b ) System parameters. In designing a system modification, the applicant must select sites, equipment and channels that will avoid harmful interference to other users. All parties must cooperate fully and make reasonable efforts to resolve technical problems and conflicts that may inhibit the most effective and efficient use of the radio spectrum; however, a party receiving notification is not obligated to suggest changes or re-design a proposal in cases involving conflicts. The applicant must identify in the application all parties with which the technical proposal was coordinated. In the event that technical problems are not resolved or if an affected party does not respond to coordination efforts within 30 days after notification, an explanation must be contained in the application. Where technical conflicts are resolved by an agreement between the parties that requires special procedures to reduce the likelihood of harmful interference (such as the use of artificial site shielding), or would result in a reduction of quality or capacity of either system, the details thereof must be contained in the application. ( c ) Bandwidth. Applicants must request the minimum emission bandwidth necessary. The FCC does not authorize bandwidths larger than 800 kHz under this part. [ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19309 , Apr. 13, 2005] § 22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to emerging technologies. The 2110-2130 and 2160-2180 MHz microwave channels formerly listed in § 22.591 have been re-allocated for use by emerging technologies (ET) services. No new systems will be authorized under this part. The rules in this section provide for a transition period during which existing Paging and Radiotelephone Service (PARS) licensees using these channels may relocate operations to other media or to other fixed channels, including those in other microwave bands. For PARS licensees relocating operations to other microwave bands, authorization must be obtained under part 101 of this chapter . ( a ) Licensees proposing to implement ET services may negotiate with PARS licensees authorized to use these channels, for the purpose of agreeing to terms under which the PARS licensees would— ( 1 ) Relocate their operations to other fixed microwave bands or other media, or alternatively, ( 2 ) Accept a sharing arrangement with the ET licensee that may result in an otherwise impermissible level of interference to the PARS operations. ( b ) [Reserved] ( c ) Relocation of fixed microwave licensees in the 2110-2130 MHz and 2160-2180 MHz bands will be subject to mandatory negotiations only. A separate mandatory negotiation period will commence for each fixed microwave licensee when an ET licensee informs that fixed microwave licensee in writing of its desire to negotiate. Mandatory negotiation periods are defined as follows: ( 1 ) Non-public safety incumbents will have a two-year mandatory negotiation period; and ( 2 ) Public safety incumbents will have a three-year mandatory negotiation period. ( d ) The mandatory negotiation period is triggered at the option of the ET licensee. Once mandatory negotiations have begun, a PARS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors: ( 1 ) Whether the ET licensee has made a bona fide offer to relocate the PARS licensee to comparable facilities in accordance with Section 101.75(b) of this chapter ; ( 2 ) If the PARS licensee has demanded a premium, the type of premium requested ( e.g., whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate ( i.e., whether there is a lack of proportion or relation between the two); ( 3 ) What steps the parties have taken to determine the actual cost of relocation to comparable facilities; ( 4 ) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process. Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee. ( e ) Involuntary period. After the end of the mandatory negotiation period, ET licensees may initiate involuntary relocation procedures under the Commission's rules. ET licensees are obligated to pay to relocate only the specific microwave links to which their systems pose an interference problem. Under involuntary relocation, a PARS licensee is required to relocate, provided that: ( 1 ) The ET applicant, provider, licensee or representative guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the PARS licensee that are directly attributable to an involuntary relocation, subject to a cap of two percent of the hard costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. ET licensees are not required to pay PARS licensees for internal resources devoted to the relocation process. ET licensees are not required to pay for transaction costs incurred by PARS licensees during the voluntary or mandatory periods once the involuntary period is initiated or for fees that cannot be legitimately tied to the provision of comparable facilities; ( 2 ) The ET applicant, provider, licensee or representative completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are involved, identifying and obtaining, on the incumbents behalf, new channels and frequency coordination; and, ( 3 ) The ET applicant, provider, licensee or representative builds the replacement system and tests it for comparability with the existing 2 GHz system. ( f ) Comparable Facilities. The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing PARS system with respect to the following three factors: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the ET licensee is required to provide the PARS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the ET licensee must provide the PARS licensee with equivalent data loading bits per second (bps). ET licensees must provide PARS licensees with enough throughput to satisfy the PARS licensee's system use at the time of relocation, not match the total capacity of the PARS system. ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. ET licensees must provide PARS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. ( 3 ) Operating Costs. Operating costs are the cost to operate and maintain the PARS system. ET licensees must compensate PARS licensees for any increased recurring costs associated with the replacement facilities (e.g. additional rental payments, increased utility fees) for five years after relocation. ET licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the PARS licensee must be equivalent to the 2 GHz system in order for the replacement system to be considered comparable. ( g ) The PARS licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff. ( h ) [Reserved] ( i ) After April 25, 1996, all major modifications and extensions to existing PARS systems operating on channels in the 2110-2130 and 2160-2180 MHz bands will be authorized on a secondary basis to future ET operations. All other modifications will render the modified PARS license secondary to future ET operations unless the incumbent affirmatively justifies primary status and the incumbent PARS licensee establishes that the modification would not add to the relocation costs of ET licensees. Incumbent PARS licensees will maintain primary status for the following technical changes: ( 1 ) Decreases in power; ( 2 ) Minor changes (increases or decreases) in antenna height; ( 3 ) Minor location changes (up to two seconds); ( 4 ) Any data correction which does not involve a change in the location of an existing facility; ( 5 ) Reductions in authorized bandwidth; ( 6 ) Minor changes (increases or decreases) in structure height; ( 7 ) Changes (increases or decreases) in ground elevation that do not affect centerline height; ( 8 ) Minor equipment changes. ( j ) Sunset. PARS licensees will maintain primary status in the 2110-2130 MHz and 2160-2180 MHz bands unless and until an ET licensee requires use of the spectrum. ET licensees are not required to pay relocation costs after the relocation rules sunset ( i.e. , for the 2110-2130 MHz and 2160-2180 MHz bands, ten years after the first ET license is issued in the respective band). Once the relocation rules sunset, an ET licensee may require the incumbent to cease operations, provided that the ET licensee intends to turn on a system within interference range of the incumbent, as determined by TIA TSB 10-F or any standard successor. ET licensee notification to the affected PARS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the PARS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the PARS licensee to continue to operate on a mutually agreed upon basis. If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that: ( 1 ) It cannot relocate within the six-month period ( e.g. , because no alternative spectrum or other reasonable option is available), and; ( 2 ) The public interest would be harmed if the incumbent is forced to terminate operations ( e.g. , if public safety communications services would be disrupted). ( k ) Reimbursement and relocation expenses in the 2110-2130 MHz and 2160-2180 MHz bands. Whenever an ET licensee in the 2110-2130 MHz and 2160-2180 MHz band relocates a paired PARS link with one path in the 2110-2130 MHz band and the paired path in the 2160-2180 MHz band, the ET license will be entitled to reimbursement pursuant to the procedures described in §§ 27.1160 through 27.1174 of this chapter . [ 61 FR 29689 , June 12, 1996, as amended at 70 FR 19309 , Apr. 13, 2005; 71 FR 29834 , May 24, 2006] § 22.603 488-494 MHz fixed service in Hawaii. Before filing applications for authorization of inter-island control and/or repeater stations, applicants must coordinate the planned channel usage with existing licensees and other applicants with previously filed applications, using the procedure outlined in § 22.150 . Applicants and licensees shall cooperate fully and make reasonable efforts to resolve any channel usage conflicts. In situations where technical solutions to such conflicts cannot be devised, the FCC may select a channel or channels to assign or may designate the application(s) for hearing. To be acceptable for filing, applications and major technical amendments must contain a certification that coordination has been completed and an exhibit listing the name(s) of the licensees and applicants with which the planned channel usage has been coordinated. Point-to-Multipoint Operation § 22.621 Channels for point-to-multipoint operation. The following channels are allocated for assignment to transmitters utilized within point-to-multipoint systems that support transmitters that provide public mobile service. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. No new licenses will be issued for any 900 MHz frequencies in this section. See part 101, subpart O of this chapter for treatment of incumbents and for new licensing procedures. Incumbents under part 22 are subject to the restrictions of part 101, subpart O of this chapter but may make permissible modifications, transfers, assignments, or renew their licenses using procedures, forms, fees, and filing requirements of part 22. Public Mobile Pool (25 kHz bandwidth) 928.8625 959.8625 928.9375 959.9375 928.8875 959.8875 928.9625 959.9625 928.9125 959.9125 928.9875 959.9875 (12.5 kHz bandwidth) 928.85625 959.85625 928.93125 959.93125 928.86875 959.86875 928.94375 959.94375 928.88125 959.88125 928.95625 959.95625 928.89375 959.89375 928.96875 959.96875 928.90625 959.90625 928.98125 959.98125 928.91875 959.91875 928.99375 959.99375 Private Radio General Access Pool (25 kHz bandwidth) 956.2625 956.3125 956.3625 956.4125 956.2875 956.3375 956.3875 956.4375 928.0125 952.0125 928.1875 952.1875 928.0375 952.0375 928.2125 952.2125 928.0625 952.0625 928.2375 952.2375 928.0875 952.0875 928.2625 952.2625 928.1125 952.1125 928.2875 952.2875 928.1375 952.1375 928.3125 952.3125 928.1625 952.1625 928.3375 952.3375 (12.5 kHz bandwidth) 956.25625 956.30625 956.35625 956.40625 956.26875 956.31875 956.36875 956.41875 956.28125 956.33125 956.38125 956.43125 956.29375 956.34375 956.39375 956.44375 928.00625 952.00625 928.18125 952.18125 928.01875 952.01875 928.19375 952.19375 928.03125 952.03125 928.20625 952.20625 928.04375 952.04375 928.21875 952.21875 928.05625 952.05625 928.23125 952.23125 928.06875 952.06875 928.24375 952.24375 928.08125 952.08125 928.25625 952.25625 928.09375 952.09375 928.26875 952.26875 928.10625 952.10625 928.28125 952.28125 928.11875 952.11875 928.29375 952.29375 928.13125 952.13125 928.30625 952.30625 928.14375 952.14375 928.31875 952.31875 928.15625 952.15625 928.33125 952.33125 928.16875 952.16875 928.34375 952.34375 Private Radio Power Pool (25 kHz bandwidth) 928.3625 952.3625 928.6125 952.6125 928.3875 952.3875 928.6375 952.6375 928.4125 952.4125 928.6625 952.6625 928.4375 952.4375 928.6875 952.6875 928.4625 952.4625 928.7125 952.7125 928.4875 952.4875 928.7375 952.7375 928.5125 952.5125 928.7625 952.7625 928.5375 952.5375 928.7875 952.7875 928.5625 952.5625 928.8125 952.8125 928.5875 952.5875 928.8375 952.8375 (12.5 kHz bandwidth) 928.35625 952.35625 928.60625 952.60625 928.36875 952.36875 928.61875 952.61875 928.38125 952.38125 928.63125 952.63125 928.39375 952.39375 928.64375 952.64375 928.40625 952.40625 928.65625 952.65625 928.41875 952.41875 928.66875 952.66875 928.43125 952.43125 928.68125 952.68125 928.44375 952.44375 928.69375 952.69375 928.45625 952.45625 928.70625 952.70625 928.46875 952.46875 928.71875 952.71875 928.48125 952.48125 928.73125 952.73125 928.49375 952.49375 928.74375 952.74375 928.50625 952.50625 928.75625 952.75625 928.51875 952.51875 928.76875 952.76875 928.53125 952.53125 928.78125 952.78125 928.54375 952.54375 928.79375 952.79375 928.55625 952.55625 928.80625 952.80625 928.56875 952.56875 928.81875 952.81875 928.58125 952.58125 928.83125 952.83125 928.59375 952.59375 928.84375 952.84375 Public, Private, Government Shared Pool (12.5 kHz bandwidth) 932.00625 941.00625 932.25625 941.25625 932.01875 941.01875 932.26875 941.26875 932.03125 941.03125 932.28125 941.28125 932.04375 941.04375 932.29375 941.29375 932.05625 941.05625 932.30625 941.30625 932.06875 941.06875 932.31875 941.31875 932.08125 941.08125 932.33125 941.33125 932.09375 941.09375 932.34375 941.34375 932.10625 941.10625 932.35625 941.35625 932.11875 941.11875 932.36875 941.36875 932.13125 941.13125 932.38125 941.38125 932.14375 941.14375 932.39375 941.39375 932.15625 941.15625 932.40625 941.40625 932.16875 941.16875 932.41875 941.41875 932.18125 941.18125 932.43125 941.43125 932.19375 941.19375 932.44375 941.44375 932.20625 941.20625 932.45625 941.45625 932.21875 941.21875 932.46875 941.46875 932.23125 941.23125 932.48125 941.48125 932.24375 941.24375 932.49375 941.49375 UHF Channels in Specified Urban Areas Boston 470.0125 473.0125 482.0125 485.0125 470.0375 473.0375 482.0375 485.0375 470.0625 473.0625 482.0625 485.0625 470.0875 473.0875 482.0875 485.0875 470.1125 473.1125 482.1125 485.1125 470.1375 473.1375 482.1375 485.1375 470.1625 473.1625 482.1625 485.1625 470.1875 473.1875 482.1875 485.1875 470.2125 473.2125 482.2125 485.2125 470.2375 473.2375 482.2375 485.2375 470.2625 473.2625 482.2625 485.2625 470.2875 473.2875 482.2875 485.2875 Chicago, Cleveland 470.0125 473.0125 476.0125 479.0125 470.0375 473.0375 476.0375 479.0375 470.0625 473.0625 476.0625 479.0625 470.0875 473.0875 476.0875 479.0875 470.1125 473.1125 476.1125 479.1125 470.1375 473.1375 476.1375 479.1375 470.1625 473.1625 476.1625 479.1625 470.1875 473.1875 476.1875 479.1875 470.2125 473.2125 476.2125 479.2125 470.2375 473.2375 476.2375 479.2375 470.2625 473.2625 476.2625 479.2625 470.2875 473.2875 476.2875 479.2875 New York-Northeastern New Jersey 470.0125 470.1625 476.0125 476.1625 470.0375 470.1875 476.0375 476.1875 470.0625 470.2125 476.0625 476.2125 470.0875 470.2375 476.0875 476.2375 470.1125 470.2625 476.1125 476.2625 470.1375 470.2875 476.1375 476.2875 Dallas-Forth Worth 482.0125 482.1625 485.0125 485.1625 482.0375 482.1875 485.0375 485.1875 482.0625 482.2125 485.0625 485.2125 482.0875 482.2375 485.0875 485.2375 482.1125 482.2625 485.1125 485.2625 482.1375 482.2875 485.1375 485.2875 Detroit 476.0125 479.0125 482.0125 485.0125 476.0375 479.0375 482.0375 485.0375 476.0625 479.0625 482.0625 485.0625 476.0875 479.0875 482.0875 485.0875 476.1125 479.1125 482.1125 485.1125 476.1375 479.1375 482.1375 485.1375 476.1625 479.1625 482.1625 485.1625 476.1875 479.1875 482.1875 485.1875 476.2125 479.2125 482.2125 485.2125 476.2375 479.2375 482.2375 485.2375 476.2625 479.2625 482.2625 485.2625 476.2875 479.2875 482.2875 485.2875 Houston 488.1625 491.1625 488.2375 491.2375 488.1875 491.1875 488.2625 491.2625 488.2125 491.2125 488.2875 491.2875 Los Angeles 470.0125 473.0125 506.0625 509.0625 470.0375 473.0375 506.0875 509.0875 506.0125 509.0125 506.1125 509.1125 506.0375 509.0375 Miami 470.0125 470.1625 473.0125 473.1625 470.0375 470.1875 473.0375 473.1875 470.0625 470.2125 473.0625 473.2125 470.0875 470.2375 473.0875 473.2375 470.1125 470.2625 473.1125 473.2625 470.1375 470.2875 473.1375 473.2875 Philadelphia 500.0125 503.0125 506.0125 509.0125 500.0375 503.0375 506.0375 509.0375 500.0625 503.0625 506.0625 509.0625 500.0875 503.0875 506.0875 509.0875 500.1125 503.1125 506.1125 509.1125 500.1375 503.1375 506.1375 509.1375 500.1625 503.1625 506.1625 509.1625 500.1875 503.1875 506.1875 509.1875 500.2125 503.2125 506.2125 509.2125 500.2375 503.2375 506.2375 509.2375 500.2625 503.2625 506.2625 509.2625 500.2875 503.2875 506.2875 509.2875 Pittsburgh 470.0125 470.1625 473.0125 473.1625 470.0375 470.1875 473.0375 473.1875 470.0625 470.2125 473.0625 473.2125 470.0875 470.2375 473.0875 473.2375 470.1125 470.2625 473.1125 473.2625 470.1375 470.2875 473.1375 473.2875 San Francisco 482.0125 485.0125 488.0125 491.0125 482.0375 485.0375 488.0375 491.0375 482.0625 485.0625 488.0625 491.0625 482.0875 485.0875 488.0875 491.0875 482.1125 485.1125 488.1125 491.1125 482.1375 485.1375 488.1375 491.1375 482.1625 485.1625 488.1625 491.1625 482.1875 485.1875 488.1875 491.1875 482.2125 485.2125 488.2125 491.2125 482.2375 485.2375 488.2375 491.2375 482.2625 485.2625 488.2625 491.2625 482.2875 485.2875 488.2875 491.2875 Washington, DC 488.0125 491.0125 494.0125 497.0125 488.0375 491.0375 494.0375 497.0375 488.0625 491.0625 494.0625 497.0625 488.0875 491.0875 494.0875 497.0875 488.1125 491.1125 494.1125 497.1125 488.1375 491.1375 494.1375 497.1375 488.1625 491.1625 494.1625 497.1625 488.1875 491.1875 494.1875 497.1875 488.2125 491.2125 494.2125 497.2125 488.2375 491.2375 494.2375 497.2375 488.2625 491.2625 494.2625 497.2625 488.2875 491.2875 494.2875 497.2875 [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9890 , Feb. 22, 1995, as amended at 61 FR 54099 , Oct. 17, 1996; 65 FR 17448 , Apr. 3, 2000] § 22.623 System configuration. This section requires a minimum configuration for point-to-multipoint systems using the channels listed in § 22.621 . ( a ) 928-960 MHz. The channels may be assigned, individually or paired, only to fixed transmitters in a system that controls at least four public mobile base transmitters that transmit on the same channel. If a 932-933 MHz channel and a 941-942 MHz channel are assigned as a pair, the 941-942 MHz channel must be assigned only to control transmitters; the 932-933 MHz channel may be assigned to control or fixed relay transmitters. ( b ) 470-512 MHz. These channels may be assigned only individually (unpaired), to control transmitters that directly control at least four public mobile base transmitters that transmit on the same channel. Fixed relay transmitters are not authorized. ( c ) Selection and assignment. The FCC selects and assigns a channel when granting applications for authorization to operate a new station to transmit in the 470-512, 932-933 and 941-942 MHz frequency ranges. Applicants having a preference may request the assignment of a specific channel or channel pair, but the FCC may in some cases be unable to satisfy such requests. § 22.625 Transmitter locations. This section governs where point-to-multipoint transmitters on the channels listed in § 22.621 may be located. ( a ) 928-960 MHz. In this frequency range, the required minimum distance separation between co-channel fixed transmitters is 113 kilometers (70 miles). ( b ) 470-512 MHz. The purpose of the rule in paragraph (b)(1) of this section is to define the areas in which the 470-512 MHz channels are allocated for public mobile use. The purpose of the rules in paragraphs (b)(2) and (b)(3) of this section is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. ( 1 ) Control transmitter locations. Control transmitter locations must be within 80 kilometers (50 miles) of the designated locations in this paragraph. Urban area N. latitude W. longitude Boston, MA 42°21′24.4″ 71°03′22.2″ Chicago, IL 41°52′28.1″ 87°38′22.2″ Cleveland, OH 41°29′51.2″ 81°41′49.5″ Dallas, TX 32°47′09.5″ 96°47′38.0″ Detroit, MI 42°19′48.1″ 83°02′56.7″ Houston, TX 29°45′26.8″ 95°21′37.8″ Los Angeles, CA 34°03′15.0″ 18°14′31.3″ Miami, FL 25°46′38.6″ 80°11′31.2″ New York, NY 40°45′6.4″ 73°59′37.5″ Philadelphia, PA 39°56′58.4″ 75°09′19.6″ Pittsburgh, PA 40°26′19.2″ 79°59′59.2″ San Francisco-Oakland, CA 37°46′38.7″ 122°24′43.9″ Washington, DC 38°53′51.4″ 77°00′31.9″ Note: Coordinates are referenced to North American Datum 1983 (NAD 83). ( 2 ) Protection from intermodulation interference. Control transmitter locations must be at least 1.6 kilometers (1 mile) from the main transmitter locations of all TV stations transmitting on TV channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel containing the frequencies on which the control station will transmit. This requirement is intended to reduce the likelihood of intermodulation interference. ( 3 ) Co-channel protection from control transmitters with high antennas. This paragraph applies only to control transmitters that utilize an antenna height of more than 152 meters (500 feet) above average terrain. The distance between the location of such a control transmitter and the applicable protected TV station location specified in this paragraph must equal or exceed the sum of the distance from the control transmitter location to the radio horizon in the direction of the specified location and 89 kilometers (55 miles—representing the distance from the main transmitter location of the TV station to its Grade B contour in the direction of the control transmitter). The protected TV station locations in this paragraph are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. ( i ) The protected TV station locations are as follows: Control transmitter frequency range Protected TV station location 470-476 MHz Washington, DC 38°57′17″ 77°00′17″ 476-482 MHz Lancaster, PA 40°15′45″ 76°27′49″ ( ii ) The distance to the radio horizon is calculated using the following formula: where d is the distance to the radio horizon in kilometers h is the height of the antenna center of radiation above ground level in meters [ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68946 , Dec. 14, 1998, 70 FR 19309 , Apr. 13, 2005] § 22.627 Effective radiated power limits. The effective radiated power (ERP) of transmitters operating on the channels listed in § 22.621 must not exceed the limits in this section. ( a ) Maximum ERP. The ERP must not exceed the applicable limits in this paragraph under any circumstances. Frequency range (MHz) Maximum ERP (watts) 470-512 1000 928-929 50 932-933 30 941-942 600 952-960 150 ( b ) 470-512 MHz limits. The purpose of the rules in paragraphs (b)(1) through (b)(3) of this section is to reduce the likelihood that interference to television receiption from public mobile operations on these channels will occur. The protected TV station locations specified in this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. ( 1 ) Co-channel protection. The ERP of control transmitters must not exceed the limits in the tables in paragraphs (b)(1)(ii) and (b)(1)(iii) of this section. The limits depend upon the height above average terrain of the control transmitter antenna and the distance between the control transmitter and the nearest protected TV station location in paragraph (b)(1)(i) of this section. ( i ) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location 470-476 MHz Jacksonville, IL, 39°45′52.2″ N. Lat. 90°30′29.5″ W. Long. Mt. Pleasant, MI, 43°34′24.1″ N. Lat. 84°46′21.1″ W. Long. 476-482 MHz 482-488 MHz 488-494 MHz 494-500 MHz 500-506 MHz 506-512 MHz Oxford, OH, 39°30′26.2″ N. Lat. 84°44′8.8″ W. Long. Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. Champaign, IL, 40°04′11.1″ N. Lat. 87°54′45.1″ W. Long. Madison, WI, 43°03′01.0″ N. Lat. 89°29′15.4″ W. Long. Parkersburg, WV, 39°20′50.3″ N. Lat. 81°33′55.5″ W. Long. Fort Wayne, IN, 41°05′35.2″ N. Lat. 85°10′41.9″ W. Long. Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. South Bend, IN, 41°36′26.2″ N. Lat. 86°27′48.1″ W. Long. Philadelphia, PA, 40°02′30.4″ N. Lat. 75°14′22.6″ W. Long. None. Johnstown, PA, 40°19′47.3″ N. Lat. 78°53′44.1″ W. Long. Washington, DC, 38°57′49.4″ N. Lat. 77°06′16.9″ W. Long. Waterbury, CT, 41°31′2.3″ N. Lat. 73°00′58.4″ W. Long. ( ii ) Table E-3 and E-4 apply to control transmitters in the New York-Northeastern New Jersey and Cleveland urban areas that transmit on channels in the 476-482 MHz range and to control transmitters in the Detroit urban area that transmit on channels in the 482-488 MHz range. ( iii ) Tables E-5 and E-6 apply to all control transmitters except those to which Tables E-3 and E-4 apply. ( 2 ) Adjacent channel protection. The ERP of control transmitters must not exceed the limits in Table E-7. The limits depend upon the height above average terrain of the control transmitter antenna and the distance between the control transmitter and the nearest protected TV station location listed in this paragraph. The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location TV channel 470-476 MHz Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long. (15) Madison, WI, 43°03′01.0″ N. Lat. 89°29′15.4″ W. Long. (15) Champaign, IL, 40°04′11.1″ N. Lat. 87°54′45.1″ W. Long. (15) San Diego, CA, 32°41′48.2″ N. Lat. 116°56′13.1″ W. Long. (15) Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. (15) Parkersburg, WV, 39°20′50.3″ N. Lat. 81°33′55.5″ W. Long. (15) 476-482 MHz South Bend, IN, 41°36′26.2″ N. Lat. 86°27′48.1″ W. Long. (16) Pittsburgh, PA, 40°26′46.2″ N. Lat. 79°57′50.2″ W. Long. (16) Mt. Pleasant, MI, 43°34′24.1″ N. Lat. 84°46′21.1″ W. Long. (14) Scranton, PA, 41°10′58.3″ N. Lat. 75°52′19.7″ W. Long. (16) 482-488 MHz Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long. (15) Fort Wayne, IN, 41°05′35.2″ N. Lat. 85°10′41.9″ W. Long. (15) 488-494 MHz Salisbury, MD, 38°24′15.4″ N. Lat. 75°34′43.7″ W. Long. (16) 494-500 MHz Philadelphia, PA, 40°02′30.4″ N. Lat. 75°14′22.6″ W. Long. (17) 500-506 MHz Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. (20) 506-512 MHz Harrisburg, PA, 40°20′44.3″ N. Lat. 76°52′07.9″ W. Long. (21) ( c ) Los Angeles area. This paragraph applies only to control transmitters in the Los Angeles urban area that utilize an antenna height of 457 or more meters (1500 or more feet) above mean sea level. The ERP of such transmitters must not exceed the following limits: Antenna height ERP AMSL in meters (feet) (Watts) 457 (1500) to 610 (2000) 155 611 (2001) to 762 (2500) 100 763 (2501) to 914 (3000) 70 915 (3001) to 1067 (3500) 50 1068 (3501) to 1219 (4000) 40 1220 (4001) to 1372 (4500) 30 1373 (4501) and above 25 Table E-3—Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 15 (50) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 209 (130) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 201 (125) 1000 1000 1000 1000 1000 1000 1000 850 750 725 193 (120) 1000 1000 1000 1000 900 750 675 600 550 500 185 (115) 1000 1000 800 725 600 525 475 425 375 350 177 (110) 850 700 600 500 425 375 325 300 275 225 169 (105) 600 475 400 325 275 250 225 200 175 150 161 (100) 400 325 275 225 175 150 140 125 110 100 153 (95) 275 225 175 125 110 95 80 70 60 50 145 (90) 175 125 100 75 50 See § 22.627(b)(1)(ii) . This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. Table E-4—Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000) 209 (130) 1000 447 219 117 71 46 193 (120) 500 209 95 50 30 19 177 (110) 225 91 35 19 11 8 161 (100) 100 30 10 5 3 2 153 (95) 50 13 5 3 2 1 See § 22.627(b)(1)(ii) . This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP. Table E-5—Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less) Distance to protected TV station in kilometers (miles) Antenna Height Above Average Terrain in meters (feet) 15 (50) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 261 (162) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 257 (160) 1000 1000 1000 1000 1000 1000 1000 1000 1000 800 249 (155) 1000 1000 1000 1000 1000 875 775 700 625 575 241 (150) 1000 1000 950 775 725 625 550 500 450 400 233 (145) 850 750 650 575 500 440 400 350 320 300 225 (140) 600 575 465 400 350 300 275 250 230 225 217 (135) 450 400 335 300 255 240 200 185 165 150 209 (130) 350 300 245 200 185 160 145 125 120 100 201 (125) 225 200 170 150 125 110 100 90 80 75 193 (120) 175 150 125 105 90 80 70 60 55 50 See § 22.627(b)(1)(iii) . This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. Table E-6—Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000) 261 (162) 1000 501 282 170 110 71 241 (150) 400 209 110 60 36 23 225 (140) 225 102 50 28 16 10 209 (130) 100 48 21 11 7 5 193 (120) 50 19 9 5 3 2 See § 22.627(b)(1)(iii) . This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP. Table E-7—Maximum ERP (Watts) for Control Transmitters Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 108 (67) 1000 1000 1000 1000 1000 1000 1000 1000 1000 106 (66) 1000 1000 1000 1000 1000 1000 1000 1000 750 105 (65) 1000 1000 1000 1000 1000 1000 825 650 600 103 (64) 1000 1000 1000 1000 1000 775 625 500 400 101 (63) 1000 1000 1000 1000 440 400 350 320 300 100 (62) 1000 1000 1000 525 375 250 200 150 125 98 (61) 1000 700 450 250 200 125 100 75 50 97 (60) 1000 425 225 125 100 75 50 See § 22.627(b)(2) . This table applies to control transmitters in the Boston, Chicago, Cleveland, Detroit, Los Angeles, New York-Northeastern New Jersey, Philadelphia, Pittsburgh and Washington, DC urban areas. This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9890 , Feb. 22, 1995, as amended at 63 FR 68946 , Dec. 14, 1998] 470-512 MHz Trunked Mobile Operation § 22.651 470-512 MHz channels for trunked mobile operation. The following channels are allocated for assignment to transmitters providing trunked public mobile service within the specified urban areas. All channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. Houston 488.0125 491.0125 488.0875 491.0875 488.0375 491.0375 488.1125 491.1125 488.0625 491.0625 488.1375 491.1375 New York-Northern New Jersey 473.0125 479.0125 473.1625 479.1625 473.0375 479.0375 473.1875 479.1875 473.0625 479.0625 473.2125 479.2125 473.0875 479.0875 473.2375 479.2375 473.1125 479.1125 473.2625 479.2625 473.1375 479.1375 473.2875 479.2875 [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9891 , Feb. 22, 1995] § 22.653 Eligibility. Only licensees already authorized to provide trunked mobile service or their successors in interest are eligible to apply for additional use of these channels for trunked mobile service, and then only in the urban areas already authorized. § 22.657 Transmitter locations. The purpose of the rules in paragraphs (a) and (b) of this section is to define the areas in which the 470-512 MHz channels are allocated for public mobile use. The purpose of the rules in paragraphs (c) through (f) of this section is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. The protected TV station locations specified in paragraphs (d) , (e)(1) and (f) of this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. ( a ) Base transmitter locations. Base transmitter locations must be within 80 kilometers (50 miles) of the designated locations in this paragraph. Mobile transmitters must not be operated at locations more than 129 kilometers (80 miles) from the designated locations in this paragraph. Note: All coordinates are referenced to North American Datum 1983 (NAD83). Urban area N. latitude W. longitude Houston, TX 29°45′26.8″ 95°21′37.8″ New York, NY-NE NJ 40°45′06.4″ 73°59′37.5″ ( b ) Mobile area of operation. Mobile transmitters must not be operated at locations more than 48 kilometers (30 miles) from all associated base stations. ( c ) Protection from intermodulation interference. Base transmitter locations must be at least 1.6 kilometers (1 mile) from the current main transmitter locations of all TV stations transmitting on TV channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel containing the frequencies on which the base station will transmit. This requirement is intended to reduce the likelihood of intermodulation interference. ( d ) Adjacent channel protection from mobile transmitters. Base transmitter locations must be at least 145 kilometers (90 miles) from the applicable protected TV station locations specified in this paragraph. This requirement is intended to provide a 0 dB minimum desired to undesired signal strength ratio at the Grade B contour of an adjacent channel TV station. Note: All coordinates are referenced to North American Datum 1983 (NAD83). Control transmitter frequency range Protected TV station location TV channel 470-476 MHz Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. (15) 476-482 MHz Scranton, PA, 41°10′58.3″ N. Lat. 75°52′19.7″ W. Long. (16) ( e ) Co-channel protection from mobile transmitters. Base transmitter locations must be at least the distance specified in paragraph (e)(2) of this section from the applicable protected TV station locations specified in paragraph (e)(1) of this section. This requirement is intended to provide a 40 dB minimum desired to undesired signal strength ratio at the Grade B contour of a co-channel TV station. ( 1 ) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location 470-476 MHz Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. 476-482 MHz Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. ( 2 ) The required minimum distance depends upon the effective radiated power (ERP) of the most powerful mobile transmitter(s) in the system: Mobile unit ERP (watts) Minimum distance Kilometers Miles 60 193 (120) 50 185 (115) 25 177 (110) 10 169 (105) 5 161 (100) ( f ) Co-channel protection from base transmitters with high antennas. This paragraph applies only to base transmitter locations in the New York-Northeastern New Jersey urban area that utilize an antenna height of more than 152 meters (500 feet) above average terrain. The distance between the location of such a base transmitter and the applicable protected TV station location specified in this paragraph must equal or exceed the sum of the distance from the base transmitter location to the radio horizon in the direction of the specified location and 89 kilometers (55 miles—representing the distance from the main transmitter location of the TV station to its Grade B contour in the direction of the base transmitter). The distance to the radio horizon is calculated as follows: Where d is the distance to the radio horizon in kilometers h is the height of the antenna center of radiation above ground level in meters Note: All coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location 470-476 MHz Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. 476-482 MHz Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. ( g ) The FCC may waive specific distance separation requirements of paragraphs (d) through (f) of this section if the applicant submits an engineering analysis which demonstrates that terrain effects and/or operation with less effective radiated power would satisfy the applicable minimum desired to undesired signal strength ratios at the Grade B contours of the protected TV stations. For this purpose, the Grade B contour of a TV station is deemed to be a circle with a 89 kilometer (55 mile) radius, centered on the protected TV station location, and along which the median TV signal field strength is 64 dBµV/m. In any showing intended to demonstrate compliance with the minimum desired to undesired signal ratio requirements of this section, all predicted field strengths must have been determined using the UHF TV propagation curves contained in part 73 of this chapter . [ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68947 , Dec. 14, 1998] § 22.659 Effective radiated power limits. The purpose of the rules in this section, which limit effective radiated power (ERP), is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. The protected TV station locations specified in this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. ( a ) Maximum ERP. The ERP of base transmitters must not exceed 100 Watts under any circumstances. The ERP of mobile transmitters must not exceed 60 Watts under any circumstances. ( b ) Co-channel protection from base transmitters. The ERP of base transmitters in the New York-Northeastern New Jersey urban area must not exceed the limits in the tables referenced in paragraphs (b)(2) and (b)(3) of this section. The limits depend upon the height above average terrain of the base transmitter antenna and the distance between the base transmitter and the nearest protected TV station location in paragraph (b)(1) of this section. ( 1 ) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location 470-476 MHz Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. 476-482 MHz Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. ( 2 ) Tables E-8 and E-9 of this section apply to base transmitters in the New York-Northeastern New Jersey urban area that transmit on channels in the 476-482 MHz range. ( 3 ) Tables E-10 and E-11 of this section apply to base transmitters in the New York-Northeastern New Jersey urban area that transmit on channels in the 470-476 MHz range. ( c ) Adjacent channel protection from base transmitters. The ERP of base transmitters must not exceed the limits in Table E-12 of this section. The limits depend upon the height above average terrain of the base transmitter antenna and the distance between the base transmitter and the nearest protected TV station location specified in paragraph (c)(1) of this section. ( 1 ) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location TV channel 470-476 MHz Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long (15) 476-482 MHz 482-488 MHz Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long (15) Scranton, PA, 41°10′58.3″ N. Lat. 75°52′19.7″ W. Long (16) Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long (15) Note: Coordinates are referenced to North American Datum 1983 (NAD83). ( 2 ) Table E-12 of this section applies to base transmitters in the New York-Northeastern New Jersey urban area. Table E-8—Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 15 (50) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 209 (130) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 201 (125) 1000 1000 1000 1000 1000 1000 1000 850 750 725 193 (120) 1000 1000 1000 1000 900 750 675 600 550 500 185 (115) 1000 1000 800 725 600 525 475 425 375 350 177 (110) 850 700 600 500 425 375 325 300 275 225 169 (105) 600 475 400 325 275 250 225 200 175 150 161 (100) 400 325 275 225 175 150 140 125 110 100 153 (95) 275 225 175 125 110 95 80 70 60 50 145 (90) 175 125 100 75 50 See § 22.659(b)(2) . This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. Table E-9—Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000) 209 (130) 1000 447 219 117 71 46 193 (120) 500 209 95 50 30 19 177 (110) 225 91 35 19 11 8 161 (100) 100 30 10 5 3 2 153 (95) 50 13 5 3 2 1 See § 22.659(b)(2) . This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP. Table E-10—Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 15 (50) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 261 (162) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 257 (160) 1000 1000 1000 1000 1000 1000 1000 1000 1000 800 249 (155) 1000 1000 1000 1000 1000 875 775 700 625 575 241 (150) 1000 1000 950 775 725 625 550 500 450 400 233 (145) 850 750 650 575 500 440 400 350 320 300 225 (140) 600 575 465 400 350 300 275 250 230 225 217 (135) 450 400 335 300 255 240 200 185 165 150 209 (130) 350 300 245 200 185 160 145 125 120 100 201 (125) 225 200 170 150 125 110 100 90 80 75 193 (120) 175 150 125 105 90 80 70 60 55 50 See § 22.659(b)(3) . This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. Table E-11—Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000) 261 (162) 1000 501 282 170 110 71 241 (150) 400 209 110 60 36 23 225 (140) 225 102 50 28 16 10 209 (130) 100 48 21 11 7 5 193 (120) 50 19 9 5 3 2 See § 22.659(b)(3) . This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP. Table E-12—Maximum ERP (Watts) for Base Transmitters Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 108 (67) 1000 1000 1000 1000 1000 1000 1000 1000 1000 106 (66) 1000 1000 1000 1000 1000 1000 1000 1000 750 105 (65) 1000 1000 1000 1000 1000 1000 825 650 600 103 (64) 1000 1000 1000 1000 1000 775 625 500 400 101 (63) 1000 1000 1000 1000 440 400 350 320 300 100 (62) 1000 1000 1000 525 375 250 200 150 125 98 (61) 1000 700 450 250 200 125 100 75 50 97 (60) 1000 425 225 125 100 75 50 See § 22.659(c)(2) . This table applies to base transmitters in the New York-Northeastern New Jersey urban areas. This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. [ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68947 , Dec. 14, 1998] Subpart F—Rural Radiotelephone Service § 22.701 Scope. The rules in this subpart govern the licensing and operation of stations and systems in the Rural Radiotelephone Service. The licensing and operation of these stations and systems is also subject to rules elsewhere in this part that apply generally to the Public Mobile Services. In case of conflict, however, the rules in this subpart govern. § 22.702 Eligibility. Existing and proposed communications common carriers are eligible to hold authorizations to operate conventional central office, interoffice and rural stations in the Rural Radiotelephone Service. Subscribers are also eligible to hold authorizations to operate rural subscriber stations in the Rural Radiotelephone Service. [ 69 FR 75170 , Dec. 15, 2004] § 22.703 Separate rural subscriber station authorization not required. A separate authorization is not required for rural subscriber stations for which the effective radiated power does not exceed 60 Watts and for which FAA notification of construction or alteration of the antenna structure is not required (see criteria in § 17.7 of this chapter ). Authority to operate such rural subscriber stations is conferred by the authorization of the central office or base station from which they receive service. § 22.705 Rural radiotelephone system configuration. Stations in the Rural Radiotelephone Service are authorized to communicate as follows: ( a ) Rural subscriber stations are authorized to communicate with and through the central office station(s) with which they are associated. However, where the establishment of a central office station in this service is not feasible, rural subscriber stations may be authorized to communicate with and through a base station in the Paging and Radiotelephone Service. ( b ) Central office stations may communicate only with rural subscriber stations. ( c ) Interoffice stations may communicate only with other interoffice stations. § 22.709 Rural radiotelephone service application requirements. In addition to information required by Subparts B and D of this part , FCC Form 601 applications for authorization to operate a station in the Rural Radiotelephone Service must contain the applicable supplementary information described in this section. ( a ) Interoffice stations. Applications for authority to operate a new interoffice station or to add transmitters or points of communications to an existing interoffice station must contain an exhibit demonstrating that the requested facilities would be used only for interconnecting central office stations and explaining why the use of alternative existing radio or wire facilities is not feasible. ( b ) Technical information required. For each transmitter in the Rural Radiotelephone Service, the following information is required by FCC Form 601: ( 1 ) Location description: city; county; state; geographic coordinates correct to ±1 second, the datum used (NAD83), site elevation above mean sea level, proximity to adjacent market boundaries and international borders; ( 2 ) Antenna height to tip above ground level, the height of the center of radiation of the antenna above the average terrain, the height of the antenna center of radiation above the average elevation of the terrain along each of the 8 cardinal radials, antenna gain in the maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar plot of the horizontal gain pattern of the antenna, the electric field polarization of the wave emitted by the antenna when installed as proposed; ( 3 ) The center frequency of each channel requested, the maximum effective radiated power, the effective radiated power in each of the cardinal radial directions, any non-standard emission types to be used, including bandwidth and modulation type, the transmitter classification (e.g. central office), and the locations and call signs, if any, of any fixed points of communication. ( c ) No landline facilities. Each application for a central office station must contain an exhibit showing that it is impracticable to provide the required communication service by means of landline facilities. ( d ) Interference exhibit. Applications for central office, interoffice and relay stations must include an exhibit identifying co-channel facilities and demonstrating, in accordance with § 22.715 that the proposed station, if authorized, would not cause interference to the service of those co-channel facilities. This exhibit must: ( 1 ) For UHF channels, identify each protected transmitter located within 108 kilometers (67 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 76.4 kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 76.4 kilometers (47.5 miles); and identify each protected Basic Exchange Telephone Radio System central office transmitter in the rural Radiotelephone Service within 231 kilometers (144 miles). ( 2 ) For VHF channels, identify each protected transmitter located within 135 kilometers (84 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 93.3 kilometers (58 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 93.3 kilometers (58 miles). ( 3 ) For each protected transmitter identified, show the results of distance calculations indicating that there would be no overlap of service and interfering contours, or alternatively, indicate that the licensee of or applicant for the protected transmitter and/or the applicant, as required, have agreed in writing to accept any interference resulting from operation of the proposed transmitter. ( e ) Blocking probability. Applications for authority to operate basic exchange telephone radio systems (BETRS) that request more than two channel pairs must include an exhibit containing calculations showing that the number of channels requested is the minimum necessary to achieve the required grade of service (in terms of blocking probability), and that there will be adequate spectrum available in the area to meet realistic estimates of current and future demand for paging, two-way mobile and rural radiotelephone services (see § 22.719(c) ). Applications for authority to operate new conventional rural radiotelephone systems that request more than two channel pairs must include a statement explaining why BETRS technology is not being proposed. ( f ) Antenna Information. Upon request by an applicant, licensee, or the Commission, a part 22 applicant or licensee of whom the request is made shall furnish the antenna type, model, and the name of the antenna manufacturer to the requesting party within ten (10) days of receiving written notification. [ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68948 , Dec. 14, 1998; 64 FR 53240 , Oct. 1, 1999] § 22.711 Provision of information to applicants. Licensees in the Rural Radio Service must, upon request by a bona-fide prospective applicant, provide to such applicant the information required by § 22.709 regarding the portion of the licensee's operations that potentially could affect, or be affected by, the prospective applicant's proposed station, if such information is not already on file with the FCC. This information must be provided to the bona-fide prospective applicant no later than 30 days after receipt of the information request. [ 59 FR 59954 , Nov. 21, 1994] § 22.713 Construction period for rural radiotelephone stations. The construction period for stations in the Rural Radiotelephone Service is 12 months. § 22.715 Technical channel assignment criteria for rural radiotelephone stations. Channels are assigned in the Rural Radiotelephone Service using the procedures in § 22.567 . § 22.717 Procedure for mutually exclusive applications in the Rural Radiotelephone Service. Mutually exclusive applications in the Rural Radiotelephone Service, including those that are mutually exclusive with applications in the Paging and Radiotelephone Service, are processed in accordance with § 22.131 and with this section. ( a ) Applications in the Rural Radiotelephone Service may be mutually exclusive with applications in the Paging and Radiotelephone Service if they seek authorization to operate facilities on the same channel in the same area, or the technical proposals are otherwise in conflict. See § 22.567 . ( b ) A modification application in either service filed on the earliest filing date may cause all later-filed mutually exclusive applications of any type in either service to be “cut off” (excluded from a same-day filing group) and dismissed, pursuant to § 22.131(c)(3)(ii) and § 22.131(c)(4) . [ 59 FR 59956 , Nov. 21, 1994, as amended at 62 FR 11636 , Mar. 12, 1997] § 22.719 Additional channel policy for rural radiotelephone stations. The rules in this section govern the processing of applications for central office stations that request a rural radiotelephone channel pair when the applicant has applied for or been granted an authorization for other rural radiotelephone channel pairs in the same area. The general policy of the FCC is to promote effective use of the spectrum by encouraging the use of spectrum-efficient technologies (i.e. BETRS) and by assigning the minimum number of channels necessary to provide service. ( a ) Transmitters in same area. Any central office station transmitter on any channel pair listed in § 22.725 is considered to be in the same area as another central office station transmitter on any other channel pair listed in § 22.725 if the transmitting antennas are located within 10 kilometers (6.2 miles) of each other. ( b ) Initial channel pairs. The FCC does not assign more than two channel pairs for new central office stations, unless there are more than eight rural subscriber stations to be served. Stations are considered to be new if there are no authorized transmitters on any channel listed in § 22.725 controlled by the applicant in the same geographic area. ( c ) Additional channel pairs. Applications for central office station transmitters to be located in the same area as an authorized central office station controlled by the applicant, but to operate on a different channel pair(s) are considered as requests for additional channel pair(s) for the authorized central office station. The FCC may grant applications for additional channel pairs provided that the need for each additional channel pair (after the first two) is established and fully justified in terms of achieving the required grade of service (blocking probability), and the applicant demonstrates that there will still be adequate spectrum available in the area to meet realistic estimates of current and future demand for paging, two-way mobile and rural radiotelephone services. In the case of conventional rural radiotelephone central office stations, an explanation must be provided as to why BETRS technology is not being used instead of additional channel pairs. Conventional Rural Radiotelephone Stations § 22.721 Geographic area authorizations. Eligible persons may apply for a paging geographic area authorization in the Rural Radiotelephone Service, on the channel pairs listed in § 22.725 , by following the procedures and requirements set forth in § 22.503 for paging geographic area authorizations. [ 62 FR 11636 , Mar. 12, 1997] § 22.723 Secondary site-by-site authorizations. Authorizations for new facilities (including new sites and additional channel pairs for existing sites) in the Rural Radiotelephone Service (including BETRS facilities) may be granted after May 12, 1997 only on the condition that such authorizations shall be secondary to any existing or future co-channel paging geographic area authorization in the Paging and Radiotelephone Service or the Rural Radiotelephone Service. If the paging geographic area licensee notifies the Rural Radiotelephone Service licensee that operation of a co-channel secondary facility must be discontinued because it may cause interference to existing or planned facilities, the Rural Radiotelephone Service licensee must discontinue operation of that facility on the particular channel pair involved no later than six months after such notice. [ 62 FR 11636 , Mar. 12, 1997] § 22.725 Channels for conventional rural radiotelephone stations and basic exchange telephone radio systems. The following channels are allocated for paired assignment to transmitters that provide conventional rural radiotelephone service and to transmitters in basic exchange telephone radio systems. These channels may be assigned for use by central office or rural subscriber stations as indicated, and interoffice stations. These channels may be assigned also for use by relay stations in systems where it would be impractical to provide rural radiotelephone service without the use of relay stations. All channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. Central office Rural subscriber Central office Rural subscriber VHF Channels 152.03 158.49 152.57 157.83 152.06 158.52 152.60 157.86 152.09 158.55 152.63 157.89 152.12 158.58 152.66 157.92 152.15 158.61 152.69 157.95 152.18 158.64 152.72 157.98 152.21 158.67 152.75 158.01 152.51 157.77 152.78 158.04 152.54 157.80 152.81 158.07 UHF Channels 454.025 459.025 454.350 459.350 454.050 459.050 454.375 459.375 454.075 459.075 454.400 459.400 454.100 459.100 454.425 459.425 454.125 459.125 454.450 459.450 454.150 459.150 454.475 459.475 454.175 459.175 454.500 459.500 454.200 459.200 454.525 459.525 454.225 459.225 454.550 459.550 454.250 459.250 454.575 459.575 454.275 459.275 454.600 459.600 454.300 459.300 454.625 459.625 454.325 459.325 454.650 459.650 ( a ) The channels listed in this section are also allocated for assignment in the Paging and Radiotelephone Service. ( b ) In Puerto Rico and the Virgin Islands, channels in the 154.04-154.46 MHz and 161.40-161.85 MHz frequency ranges may be assigned to transmitters providing rural radiotelephone service; channels in these ranges are also allocated for assignment in the International Fixed Public and Aeronautical Fixed radio services. [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9891 , Feb. 22, 1995, as amended at 70 FR 19309 , Apr. 13, 2005] § 22.727 Power limits for conventional rural radiotelephone transmitters. The transmitting power of transmitters operating on the channels listed in § 22.725 must not exceed the limits in this section. ( a ) Maximum ERP. The effective radiated power (ERP) of central office and rural subscriber station transmitters must not exceed the applicable limits in this paragraph under any circumstances. Frequency range (MHz) Maximum ERP (watts) 152-153 1400 157-159 150 454-455 3500 459-460 150 ( b ) Basic power limit. Except as provided in paragraph (d) of this section, the ERP of central office station transmitters must not exceed 500 Watts. ( c ) Height-power limits. Except as provided in paragraph (d) of this section, the ERP of central office station transmitters must not exceed the amount that would result in an average distance to the “service contour” of 41.6 kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles) for UHF channels. The average distance to the “service contour” is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.567 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water. ( d ) Encompassed interfering contour areas. Central office station transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel central office station transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers. ( e ) Adjacent channel protection. The ERP of central office station transmitters must not exceed 500 Watts if they transmit on channel 454.025 MHz and are located less than 7 kilometers (4.3 miles) from any Private Radio Services station receiving on adjacent channel 454.000 MHz. [ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19309 , Apr. 13, 2005] § 22.731 Emission limitations. Upon application for multichannel operation, the FCC may authorize emission bandwidths wider than those specified in § 22.357 , provided that spectrum utilization is equal to or better than that achieved by single channel operation. § 22.733 Priority of service. Within the Rural Radiotelephone Service, the channels listed in § 22.725 are intended primarily for use in rendition of public message service between rural subscriber and central office stations and to provide radio trunking facilities between central offices. The channels may also be used, however, for the rendition of private leased-line communication service provided that such usage would not reduce or impair the extent or quality of communication service that would be available, in the absence of private leased-line service, to the general public receiving or subsequently requesting public message service from a central office. § 22.737 Temporary fixed stations. The FCC may, upon proper application therefor, authorize the construction and operation of temporary fixed stations. Temporary fixed stations are to be used as rural subscriber, interoffice, or central office stations when those stations are unavailable or when service from those stations is disrupted by storms or emergencies. ( a ) Six month limitation. If it is necessary for a temporary fixed station to remain at the same location for more than six months, the licensee of that station must apply for authorization to operate the station at the specific location at least 30 days before the end of the six month period. ( b ) International communications. Communications between the United States and Canada or Mexico must not be carried using a temporary fixed station without prior authorization from the FCC. Licensees desiring to carry such communications should apply sufficiently in advance to allow for the time necessary to coordinate with Canada or Mexico. Basic Exchange Telephone Radio Systems § 22.757 Channels for basic exchange telephone radio systems. The channels listed in § 22.725 are also allocated for paired assignment to transmitters in basic exchange telephone radio systems. [ 70 FR 19309 , Apr. 13, 2005] § 22.759 Power limit for BETRS. The effective radiated power of central office and rural subscriber station transmitters used in basic exchange telephone radio systems must not exceed the limits in this section. ( a ) Maximum ERP. The effective radiated power (ERP) of central office and rural subscriber station transmitters in BETRS must not exceed the applicable limits in this paragraph under any circumstances. Frequency range (MHz) Maximum ERP (watts) 152-153 1400 157-159 150 454-455 3500 459-460 150 ( b ) Height-power limit. The ERP of central office stations in BETRS must not exceed the amount calculated as follows: ERP w = 557,418 ÷ h m 2 where ERP w is the effective radiated power in Watts h m is the average (eight cardinal radial) antenna height above average terrain in meters Subpart G—Air-Ground Radiotelephone Service § 22.801 Scope. The rules in this subpart govern the licensing and operation of air-ground stations and systems. The licensing and operation of these stations and systems is also subject to rules elsewhere in this part and in part 1 of this chapter that generally apply to the Public Mobile Services. In case of conflict, however, the rules in this subpart govern. [ 70 FR 19309 , Apr. 13, 2005] General Aviation Air-Ground Stations § 22.805 Channels for general aviation air-ground service. The following channels are allocated for the provision of radiotelephone service to airborne mobile subscribers in general aviation aircraft. These channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. Signalling Channel Pair Ground Airborne mobile 454.675 459.675 Communication Channel Pairs Ground Airborne mobile 454.700 459.700 454.725 459.725 454.750 459.750 454.775 459.775 454.800 459.800 454.825 459.825 454.850 459.850 454.875 459.875 454.900 459.900 454.925 459.925 454.950 459.950 454.975 459.975 ( a ) Channel 454.675 MHz is assigned to each and every ground station, to be used only for automatically alerting airborne mobile stations of incoming calls. ( b ) All airborne mobile channels are assigned for use by each and every airborne mobile station. § 22.807 General aviation air-ground application requirements. In addition to the information required by subparts B and D of this part , FCC Form 601 applications for authorization to operate a general aviation air-ground station must contain the applicable supplementary information described in this section. ( a ) Administrative information. The following information is required by FCC Form 601. ( 1 ) The number of transmitter sites for which authorization is requested. ( 2 ) The call sign(s) of other facilities in the same area that are ultimately controlled by the real party in interest to the application. ( b ) Technical information required. For each transmitter in the Rural Radiotelephone Service, the following information is required by FCC Form 601: ( 1 ) Location description, city, county, state, geographic coordinates (NAD83) correct to ±1 second, site elevation above mean sea level, proximity to adjacent market boundaries and international borders; ( 2 ) Antenna height to tip above ground level, antenna gain in the maximum lobe, the electric field polarization of the wave emitted by the antenna when installed as proposed; ( 3 ) The center frequency of each channel requested, the maximum effective radiated power, any non-standard emission types to be used, including bandwidth and modulation type and the transmitter classification (e.g. ground or signaling). [ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68948 , Dec. 14, 1998; 64 FR 53240 , Oct. 1, 1999. Redesignated and amended at 70 FR 19309 , Apr. 13, 2005] § 22.809 Transmitting power limits. The transmitting power of ground and airborne mobile transmitters operating on the channels listed in § 22.805 must not exceed the limits in this section. ( a ) Ground station transmitters. The effective radiated power of ground stations must not exceed 100 Watts and must not be less than 50 Watts, except as provided in § 22.811 . ( b ) Airborne mobile transmitters. The transmitter power output of airborne mobile transmitters must not exceed 25 Watts and must not be less than 4 Watts. § 22.813 Technical channel pair assignment criteria. The rules in this section establish technical assignment criteria for the channel pairs listed in § 22.805 . These criteria are intended to provide substantial service volumes over areas that have significant local and regional general aviation activity, while maintaining the continuous nationwide in-route coverage of the original geographical layout. ( a ) Distance separation for co-channel ground stations. The FCC may grant an application requesting assignment of a communication channel pair to a proposed ground transmitter only if the proposed antenna location is at least 800 kilometers (497 miles) from the antenna location of the nearest co-channel ground transmitter in the United States, its territories and possessions; and 1000 kilometers (621 miles) from the antenna location of the nearest co-channel ground transmitter in Canada. ( b ) Dispersion. The FCC may grant an application requesting assignment of a communication channel pair to a proposed ground transmitter only if there are no more than five different communication channel pairs already assigned to ground transmitters with antenna locations within a 320 kilometer (199 mile) radius of the proposed antenna location. § 22.815 Construction period for general aviation ground stations. The construction period (see § 1.946 of this chapter ) for general aviation ground stations is 12 months. [ 70 FR 19310 , Apr. 13, 2005] § 22.817 Additional channel policies. The rules in this section govern the processing of applications for authority to operate a ground station transmitter on any ground station communication channel listed in § 22.805 when the applicant has applied or been granted an authorization for other ground station communication channels in the same area. The general policy of the FCC is to assign one ground station communication channel in an area to a carrier per application cycle, up to a maximum of six ground station communication channels per area. That is, a carrier must apply for one ground station communication channel, receive the authorization, construct the station, and notify the FCC of commencement of service before applying for an additional ground station communication channel in that area. ( a ) Air-ground transmitters in same area. Any transmitter on any of the ground station channels listed in § 22.805 is considered to be in the same area as another transmitter on any ground station channel listed in § 22.805 if it is located less than 350 kilometers (217 miles) from that transmitter. ( b ) Initial channel. The FCC will not assign more than one ground station communication channel for new ground stations. Ground stations are considered to be new if there are no authorized ground station transmitters on any channel listed in § 22.805 controlled by the applicant in the same area. ( c ) Additional channel. Applications for ground transmitters to be located in the same area as an authorized ground station controlled by the applicant, but to operate on a different ground station communication channel, are considered as requesting an additional channel for the authorized station. ( d ) Amendment of pending application. If the FCC receives and accepts for filing an application for a ground station transmitter to be located in the same area as a ground station transmitter proposed in a pending application previously filed by the applicant, but on a different ground station communication channel, the subsequent application is treated as a major amendment to change the technical proposal of the prior application. The filing date of any application so amended is the date the FCC received the subsequent application. ( e ) Dismissal of premature applications for additional channel. If the FCC receives an application requesting an additional ground station communication channel for an authorized ground station prior to receiving notification that the station is providing service to subscribers on the authorized channel(s), the FCC may dismiss that application without prejudice. ( f ) Dismissal of applications for seventh channel. If the FCC receives an application requesting an additional ground station communication channel for an authorized ground station which would, if granted, result in that station being assigned more than six ground station communication channels in the same area, the FCC may dismiss that application without prejudice. Commercial Aviation Air-Ground Systems § 22.853 Eligibility to hold interest in licenses limited to 3 MHz of spectrum. No individual or entity may hold, directly or indirectly, a controlling interest in licenses authorizing the use of more than three megahertz of spectrum (either shared or exclusive) in the 800 MHz commercial aviation Air-Ground Radiotelephone Service frequency bands (see § 22.857 ). Individuals and entities with either de jure or de facto control of a licensee in these bands will be considered to have a controlling interest in its license(s). For purposes of this rule, the definitions of “controlling interests” and “affiliate” set forth in paragraphs (c)(2) and (c)(5) of § 1.2110 of this chapter shall apply. [ 70 FR 19310 , Apr. 13, 2005] § 22.857 Channel plan for commercial aviation air-ground systems. The 849-851 MHz and 894-896 MHz frequency bands are designated for paired nationwide exclusive assignment to the licensee or licensees of systems providing radio telecommunications service, including voice and/or data service, to persons on board aircraft. Air-ground systems operating in these frequency bands are referred to in this part as “commercial aviation” systems. [ 70 FR 19310 , Apr. 13, 2005] § 22.859 Incumbent commercial aviation air-ground systems. This section contains rules concerning continued operation of commercial aviation air-ground systems that were originally authorized prior to January 1, 2004 to provide radiotelephone service using narrowband (6 kHz) channels, and that have been providing service continuously since the original commencement of service (hereinafter “incumbent systems”). ( a ) An incumbent system may continue to operate under its authorization, for the remaining term of such authorization, subject to the terms and conditions attached thereto. Wherever such technical and operational conditions differ from technical and operational rules in this subpart, those conditions shall govern its operations. ( b ) Notwithstanding any other provision in this chapter, the licensee of an incumbent system shall not be entitled to an expectation of renewal of said authorization. ( c ) During the period that an incumbent system continues to operate and provide service pursuant to paragraph (a) of this section, air-ground systems of licensees holding a new authorization for the spectrum within which the incumbent system operates must not cause interference to the incumbent system. Protection from interference requires that the signals of the new systems must not exceed a ground station received power of −130 dBm within a 6 kHz receive bandwidth, calculated assuming a 0 dBi vertically polarized receive antenna. [ 70 FR 19310 , Apr. 13, 2005] § 22.861 Emission limitations. The rules in this section govern the spectral characteristics of emissions for commercial aviation systems in the Air-Ground Radiotelephone Service. Commercial aviation air-ground systems may use any type of emission or technology that complies with the technical rules in this subpart. ( a ) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log (P) dB. ( b ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. In the 1 MHz bands immediately outside and adjacent to the frequency block a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth ( i.e. , 100 kHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( c ) Alternative out of band emission limit. The licensee(s) of commercial aviation air-ground systems, together with affected licensees of Cellular Radiotelephone Service systems operating in the spectrum immediately below and adjacent to the commercial aviation air-ground bands, may establish an alternative out of band emission limit to be used at the 849 MHz and 894 MHz band edge(s) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC. ( d ) Interference caused by out of band emissions. If any emission from a transmitter operating in this service results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section. [ 70 FR 19310 , Apr. 13, 2005] § 22.863 Frequency stability. The frequency stability of equipment used under this subpart shall be sufficient to ensure that, after accounting for Doppler frequency shifts, the occupied bandwidth of the fundamental emissions remains within the authorized frequency bands of operation. [ 70 FR 19310 , Apr. 13, 2005] § 22.867 Effective radiated power limits. The effective radiated power (ERP) of ground and airborne stations operating on the frequency ranges listed in § 22.857 must not exceed the limits in this section. ( a ) The peak ERP of airborne mobile station transmitters must not exceed 12 Watts. ( b ) The peak ERP of ground station transmitters must not exceed 500 Watts. [ 70 FR 19310 , Apr. 13, 2005] § 22.873 Construction requirements for commercial aviation air-ground systems. Licensees authorized to use more than one megahertz (1 MHz) of the 800 MHz commercial aviation air-ground spectrum allocation (see § 22.857 ) must make a showing of “substantial service” as set forth in this section. Failure by any such licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. Licensees authorized to use one megahertz or less of the 800 MHz commercial aviation air-ground spectrum allocation are not subject to the requirements in this section. ( a ) “Substantial service” is defined as service that is sound, favorable, and substantially above a level of mediocre service that just might minimally warrant renewal. ( b ) Each commercial aviation air-ground system subject to the requirements of this section must demonstrate substantial service within 5 years after grant of the authorization. Substantial service may be demonstrated by, but is not limited to, either of the following “safe harbor” provisions: ( 1 ) Construction and operation of 20 ground stations, with at least one ground station located in each of the 10 Federal Aviation Administration regions; or, ( 2 ) Provision of service to the airspace of 25 of the 50 busiest airports (as measured by annual passenger boardings). [ 70 FR 19310 , Apr. 13, 2005] § 22.877 Unacceptable interference to part 90 non-cellular 800 MHz licensees from commercial aviation air-ground systems. The definition of unacceptable interference to non-cellular part 90 licensees in the 800 MHz band from commercial aviation air-ground systems is the same as the definition set forth in § 22.970 which is applicable to Cellular Radiotelephone Service systems. [ 70 FR 19311 , Apr. 13, 2005] § 22.878 Obligation to abate unacceptable interference. This section applies only to commercial aviation ground stations transmitting in the 849-851 MHz band, other than commercial aviation ground stations operating under the authority of a license originally granted prior to January 1, 2004. ( a ) Strict responsibility. Any licensee who, knowingly or unknowingly, directly or indirectly, causes or contributes to causing unacceptable interference to a non-cellular part 90 licensee in the 800 MHz band, as defined in § 22.877 , shall be strictly accountable to abate the interference, with full cooperation and utmost diligence, in the shortest time practicable. Interfering licensees shall consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.879 . This strict responsibility obligation applies to all forms of interference, including out-of-band emissions and intermodulation. ( b ) Joint and Several responsibility. If two or more licensees, whether in the commercial aviation air-ground radiotelephone service or in the Cellular Radiotelephone Service (see § 22.971 ), knowingly or unknowingly, directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular part 90 licensee in the 800 MHz band, as defined in § 22.877 , such licensees shall be jointly and severally responsible for abating interference, with full cooperation and utmost diligence, in the shortest practicable time. ( 1 ) This joint and several responsibility rule requires interfering licensees to consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.879(c) . This joint and several responsibility rule applies to all forms of interference, including out-of-band emissions and intermodulation. ( 2 ) Any licensee that can show that its signal does not directly or indirectly cause or contribute to causing unacceptable interference to a non-cellular part 90 licensee in the 800 MHz band, as defined in § 22.877 , shall not be held responsible for resolving unacceptable interference. Notwithstanding, any licensee that receives an interference complaint from a public safety/CII licensee shall respond to such complaint consistent with the interference resolution procedures set forth in § 22.879 . [ 70 FR 19411 , Apr. 13, 2005] § 22.879 Interference resolution procedures. This section applies only to commercial aviation ground stations transmitting in the 849-851 MHz band, other than commercial aviation ground stations operating under the authority of a license originally granted prior to January 1, 2004. ( a ) Initial notification. Commercial aviation air-ground system licensees may receive initial notification of interference from non-cellular part 90 licensees in the 800 MHz band pursuant to § 90.674(a) of this chapter . ( 1 ) Commercial aviation air-ground system licensees shall join with part 90 ESMR licensees and Cellular Radiotelephone Service licensees in utilizing an electronic means of receiving the initial notification described in § 90.674(a) of this chapter . See § 22.972 . ( 2 ) Commercial aviation air-ground system licensees must respond to the initial notification described in § 90.674(a) of this chapter as soon as possible and no later than 24 hours after receipt of notification from a part 90 public safety/CII licensee. This response time may be extended to 48 hours after receipt from other part 90 non-cellular licensees provided affected communications on these systems are not safety related. ( b ) Interference analysis. Commercial aviation air-ground system licensees—who receive an initial notification described in § 90.674(a) of this chapter —shall perform a timely analysis of the interference to identify the possible source. Immediate on-site visits may be conducted when necessary to complete timely analysis. Interference analysis must be completed and corrective action initiated within 48 hours of the initial complaint from a part 90 public safety/CII licensee. This response time may be extended to 96 hours after the initial complaint from other part 90 non-cellular licensees provided affected communications on these systems are not safety related. Corrective action may be delayed if the affected licensee agrees in writing (which may be, but is not required to be, recorded via e-mail or other electronic means) to a longer period. ( c ) Mitigation steps. Any commercial aviation air-ground system that is responsible for causing unacceptable interference to non-cellular part 90 licensees in the 800 MHz band shall take affirmative measures to resolve such interference. ( 1 ) Commercial aviation air-ground system licensees found to contribute to unacceptable interference, as defined in § 22.877 , shall resolve such interference in the shortest time practicable. Commercial aviation air-ground system licensees must provide all necessary test apparatus and technical personnel skilled in the operation of such equipment as may be necessary to determine the most appropriate means of timely eliminating the interference. However, the means whereby interference is abated or the technical parameters that may need to be adjusted is left to the discretion of the commercial aviation air-ground system licensee, whose affirmative measures may include, but not be limited to, the following techniques: ( i ) Increasing the desired power of the public safety/CII signal; ( ii ) Decreasing the power of the commercial aviation air-ground system signal; ( iii ) Modifying the commercial aviation air-ground system antenna height; ( iv ) Modifying the commercial aviation air-ground system antenna characteristics; ( v ) Incorporating filters into the commercial aviation air-ground system transmission equipment; ( vi ) Changing commercial aviation air-ground system frequencies; and ( vii ) Supplying interference-resistant receivers to the affected public safety/CII licensee(s). If this technique is used, in all circumstances, commercial aviation air-ground system licensees shall be responsible for all costs thereof. ( 2 ) Whenever short-term interference abatement measures prove inadequate, the affected part 90 non-cellular licensee shall, consistent with but not compromising safety, make all necessary concessions to accepting interference until a longer-term remedy can be implemented. ( 3 ) When a part 90 public safety licensee determines that a continuing presence of interference constitutes a clear and imminent danger to life or property, the licensee causing the interference must discontinue the associated operation immediately, until a remedy can be identified and applied. The determination that a continuing presence exists that constitutes a clear and imminent danger to life or property, must be made by written statement that: ( i ) Is in the form of a declaration, notarized affidavit, or statement under penalty or perjury, from an officer or executive of the affected public safety licensee; ( ii ) Thoroughly describes the basis of the claim of clear and imminent danger; ( iii ) Was formulated on the basis of either personal knowledge or belief after due diligence; ( iv ) Is not proffered by a contractor or other third party; and, ( v ) Has been approved by the Chief of the Public Safety and Homeland Security Bureau or other designated Commission official. Prior to the authorized official making a determination that a clear and imminent danger exists, the associated written statement must be served by hand-delivery or receipted fax on the applicable offending licensee, with a copy transmitted by the fastest available means to the Washington, DC office of the Commission's Public Safety and Homeland Security Bureau. [ 70 FR 19311 , Apr. 13, 2005, as amended at 71 FR 69038 , Nov. 29, 2006] § 22.880 Information exchange. ( a ) Prior notification. Public safety/CII licensees may notify a commercial aviation air-ground system licensee that they wish to receive prior notification of the activation or modification of a commercial aviation air-ground system ground station site in their area. Thereafter, the commercial aviation air-ground system licensee must provide the following information to the public safety/CII licensee at least 10 business days before a new ground station is activated or an existing ground station is modified: ( 1 ) Location; ( 2 ) Effective radiated power; ( 3 ) Antenna manufacturer, model number, height above ground level and up tilt angle, as installed; ( 4 ) Channels available for use. ( b ) Purpose of prior notification. The prior notification of ground station activation or modification is for informational purposes only: public safety/CII licensees are not afforded the right to accept or reject the activation of a proposed ground station or to unilaterally require changes in its operating parameters. The principal purposes of prior notification are to: ( 1 ) Allow a public safety licensee to advise the commercial aviation air-ground system licensee whether it believes a proposed ground station will generate unacceptable interference; ( 2 ) Permit commercial aviation air-ground system licensee(s) to make voluntary changes in ground station parameters when a public safety licensee alerts them to possible interference; and ( 3 ) Rapidly identify the source if interference is encountered when the ground station is activated. [ 70 FR 19312 , Apr. 13, 2005] § 22.881 Air-Ground Radiotelephone Service subject to competitive bidding. Mutually exclusive initial applications for general aviation Air-Ground Radiotelephone Service licenses and mutually exclusive initial applications for commercial Air-Ground Radiotelephone Service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this subpart. [ 70 FR 76417 , Dec. 27, 2005] § 22.882 Designated entities. ( a ) Eligibility for small business provisions in the commercial Air-Ground Radiotelephone Service. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $15 million for the preceding three years. ( b ) Bidding credits in the commercial Air-Ground Radiotelephone Service. ( 1 ) A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(iii) of this chapter , to lower the cost of its winning bid on a commercial Air-Ground Radiotelephone Service license. ( 2 ) A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(ii) of this chapter , to lower the cost of its winning bid on a commercial Air-Ground Radiotelephone Service license. [ 70 FR 76417 , Dec. 27, 2005] Subpart H—Cellular Radiotelephone Service § 22.900 Scope. The rules in this subpart govern the licensing and operation of cellular radiotelephone systems. Licensing and operation of these systems are also subject to rules elsewhere in this part that apply generally to the Public Mobile Services. In case of conflict, however, the rules in this subpart govern. § 22.901 Cellular service requirements and limitations. The licensee of each Cellular system is responsible for ensuring that its Cellular system operates in compliance with this section. Each Cellular system must provide either mobile service, fixed service, or a combination of mobile and fixed service, subject to the requirements, limitations and exceptions in this section. Mobile service provided may be of any type, including two-way radiotelephone, dispatch, one-way or two-way paging, and personal communications services (as defined in part 24 of this chapter ). Fixed service is considered to be primary service, as is mobile service. When both mobile and fixed services are provided, they are considered to be co-primary services. In providing Cellular service, each Cellular system may incorporate any technology that meets all applicable technical requirements in this part. [ 79 FR 72151 , Dec. 5, 2014] § 22.905 Channels for cellular service. The following frequency bands are allocated for assignment to service providers in the Cellular Radiotelephone Service. ( a ) Channel Block A: 869-880 MHz paired with 824-835 MHz, and 890-891.5 MHz paired with 845-846.5 MHz. ( b ) Channel Block B: 880-890 MHz paired with 835-845 MHz, and 891.5-894 MHz paired with 846.5-849 MHz. [ 67 FR 77191 , Dec. 17, 2002] § 22.907 Coordination of channel usage. Licensees in the Cellular Radiotelephone Service must coordinate, with the appropriate parties, channel usage at each transmitter location within 121 kilometers (75 miles) of any transmitter locations authorized to other licensees or proposed by other applicants, except those with mutually exclusive applications. Licensees utilizing systems employing a frequency re-use factor of 1 (universal re-use) are exempt from this requirement. ( a ) Licensees must cooperate and make reasonable efforts to resolve technical problems that may inhibit effective and efficient use of the cellular radio spectrum; however, licensees are not obligated to suggest extensive changes to or redesign other licensees' cellular systems. Licensees must make reasonable efforts to avoid blocking the growth of other cellular systems that are likely to need additional capacity in the future. ( b ) If technical problems are addressed by an agreement or operating agreement between the licensees that would result in a reduction of quality or capacity of either system, the licensees must notify the Commission by updating FCC Form 601. [ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68951 , Dec. 14, 1998; 82 FR 17582 , Apr. 12, 2017] § 22.909 Cellular markets. Cellular Market Areas (CMAs) are standard geographic areas used by the FCC for administrative convenience in the licensing of Cellular systems. CMAs comprise Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs). All CMAs and the counties they comprise are listed in: “Common Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and Counties,” Public Notice, Rep. No. CL-92-40, 7 FCC Rcd 742 (1992). ( a ) MSAs. Metropolitan Statistical Areas are 306 areas, including New England County Metropolitan Areas and the Gulf of Mexico Service Area (water area of the Gulf of Mexico, border is the coastline), defined by the Office of Management and Budget, as modified by the FCC. ( b ) RSAs. Rural Service Areas are 428 areas, other than MSAs, established by the FCC. [ 59 FR 59507 , Nov. 17, 1994, as amended at 79 FR 72151 , Dec. 5, 2014] § 22.911 Cellular geographic service area. The Cellular Geographic Service Area (CGSA) of a Cellular system is the geographic area considered by the FCC to be served by the Cellular system and is the area within which cellular systems are entitled to protection and adverse effects for the purpose of determining whether a petitioner has standing are recognized. The CGSA is the composite of the service areas of all of the cells in the system, excluding any Unserved Area (even if it is served on a secondary basis) or area within the CGSA of another Cellular system. The service area of a cell is the area within its service area boundary (SAB). Licensees that use power spectral density (PSD) at cell sites within their licensed geographic area are subject to paragraph (c) of this section; all other licensees are subject to paragraph (a) (or, as applicable, paragraph (b)) of this section. If the calculation under paragraph (a) , (b) , or (c) of this section (as applicable) yields an SAB extension comprising at least 130 contiguous square kilometers (50 contiguous square miles), the licensee must submit an application for major modification of the CGSA using FCC Form 601. See also §§ 22.912 , 22.949 , and 22.953 . ( a ) CGSA determination (non-PSD). For the purpose of calculating the SABs for cell sites and determining CGSA expansion areas for Cellular base stations that do not operate using PSD (as permitted under § 22.913 ), the distance to the SAB is calculated as a function of effective radiated power (ERP) and antenna center of radiation height above average terrain (HAAT), height above sea level (HASL), or height above mean sea level (HAMSL). ( 1 ) Except as provided in paragraphs (a)(2) and (b) of this section, the distance from a cell transmitting antenna to its SAB along each cardinal radial is calculated as follows: d = 2.531 × h 0.34 × p 0.17 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 2 ) The distance from a cell transmitting antenna located in the Gulf of Mexico Service Area (GMSA) to its SAB along each cardinal radial is calculated as follows: d = 6.895 × h 0.30 × p 0.15 Where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 3 ) The value used for h in the formula in paragraph (a)(2) of this section must not be less than 8 meters (26 feet) HASL (or HAMSL, as appropriate for the support structure). The value used for h in the formula in paragraph (a)(1) of this section must not be less than 30 meters (98 feet) HAAT, except that for unserved area applications proposing a cell with an ERP not exceeding 10 Watts, the value for h used in the formula in paragraph (a)(1) of this section to determine the service area boundary for that cell may be less than 30 meters (98 feet) HAAT, but not less than 3 meters (10 feet) HAAT. ( 4 ) The value used for p in the formulas in paragraphs (a)(1) and (a)(2) of this section must not be less than 0.1 Watt or 27 dB less than (1/500 of) the maximum ERP in any direction, whichever is more. ( 5 ) Whenever use of the formula in paragraph (a)(1) of this section pursuant to the exception contained in paragraph (a)(3) of this section results in a calculated distance that is less than 5.4 kilometers (3.4 miles), the radial distance to the service area boundary is deemed to be 5.4 kilometers (3.4 miles). ( 6 ) The distance from a cell transmitting antenna to the SAB along any radial other than the eight cardinal radials is calculated by linear interpolation of distance as a function of angle. ( b ) Alternative CGSA determination (non-PSD). If a carrier believes that the method described in paragraph (a) of this section produces a CGSA that departs significantly (±20% in the service area of any cell) from the geographic area where reliable cellular service is actually provided, the carrier may submit, as an exhibit to an application for modification of the CGSA using FCC Form 601, a depiction of what the carrier believes the CGSA should be. Such submissions must be accompanied by one or more supporting propagation studies using methods appropriate for the 800-900 MHz frequency range, including all supporting data and calculations, and/or by extensive field strength measurement data. For the purpose of such submissions, cellular service is considered to be provided in all areas, including “dead spots”, between the transmitter location and the locus of points where the predicted or measured median field strength finally drops to 32 dBµV/m (i.e. does not exceed 32 dBµV/m further out). If, after consideration of such submissions, the FCC finds that adjustment to a CGSA is warranted, the FCC may grant the application. ( 1 ) The alternative CGSA determination must define the CGSA in terms of distances from the cell sites to the 32 dBµV/m contour along the eight cardinal radials, with points in other azimuthal directions determined by the method given in paragraph (a)(6) of this section. The distances used must be representative of the coverage within the eight cardinal radials, as depicted by the alternative CGSA determination. ( 2 ) If an uncalibrated predictive model is used to depict the CGSA, the alternative CGSA determination must identify factors (e.g. terrain roughness or features) that could plausibly account for the difference between actual coverage and that defined by the formula in paragraph (a)(1) of this section. If actual measurements or a measurement-calibrated predictive model are used to depict the CGSA, and this fact is disclosed in the alternative CGSA determination, it is not necessary to offer an explanation of the difference between actual coverage and that defined by the formula in paragraph (a)(1) of this section. If the formula in paragraph (a)(1) of this section is clearly inapplicable for the cell(s) in question (e.g. for microcells), this should be disclosed in the alternative CGSA determination. ( 3 ) The provision for alternative CGSA determinations was made in recognition that the formula in paragraph (a)(1) of this section is a general model that provides a reasonable approximation of coverage in most land areas, but may under-predict or over-predict coverage in specific areas with unusual terrain roughness or features, and may be inapplicable for certain purposes, e.g. , cells with a coverage radius of less than 8 kilometers (5 miles). In such cases, alternative methods that utilize more specific models are appropriate. Accordingly, the FCC does not consider use of the formula in paragraph (a)(1) of this section with parameters outside of the limits in paragraphs (a)(3) , (a)(4) and (a)(5) of this section or with data for radials other than the cardinal radials to be a valid alternative method for determining the CGSA of a cellular system. ( c ) CGSA determination (PSD). ( 1 ) For the purpose of calculating the SABs for cell sites and determining CGSA expansion areas for Cellular base stations that operate using PSD (as permitted under § 22.913 ), the licensee must use a predictive propagation model that is appropriate for the service provided, taking into account terrain and local conditions. The SAB and CGSA boundary must be defined in terms of distances from the cell site to the 32 dBµV/m contour along the eight cardinal radials, with points in other azimuthal directions determined by the method set forth in paragraph (a)(6) of this section. The distances used must be representative of the coverage within the eight cardinal radials. ( 2 ) An application for major modification of the CGSA under this paragraph (c) must include, as an exhibit, a depiction of the CGSA accompanied by one or more supporting propagation studies using methods appropriate for the 800-900 MHz frequency range, including all supporting data and calculations, and/or by extensive field strength measurement data. For the purpose of such submissions, Cellular service is considered to be provided in all areas, including “dead spots,” between the transmitter location and the locus of points where the predicted or measured median field strength finally drops to 32 dBµV/m ( i.e., does not exceed 32 dBµV/m further out). If, after consideration of such submissions, the FCC finds that adjustment to a CGSA is warranted, the FCC may grant the application. ( d ) Protection afforded. Cellular systems are entitled to protection only within the CGSA (as determined in accordance with this section) from co-channel and first-adjacent channel interference ( see § 22.983 ). Licensees must cooperate in resolving co-channel and first-adjacent channel interference by changing channels used at specific cells or by other technical means. ( e ) [Reserved] [ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68951 , Dec. 14, 1998; 67 FR 9609 , Mar. 4, 2002; 67 FR 77191 , Dec. 17, 2002; 68 FR 42295 , July 17, 2003; 79 FR 72151 , Dec. 5, 2014; 82 FR 17582 , Apr. 12, 2017] § 22.912 Service area boundary extensions. This section contains rules governing service area boundary (SAB) extensions. SAB extensions are areas (calculated using the methodology of § 22.911 ) that extend outside of the licensee's Cellular Geographic Service Area (CGSA) boundary into Unserved Area or into the CGSA of a neighboring co-channel licensee. Service within SAB extensions is not protected from interference or capture under § 22.911(d) unless and until the area within the SAB extension becomes part of the CGSA in compliance with all applicable rules. ( a ) Extensions into Unserved Area. Subject to paragraph (c) of this section, the licensee of a Cellular system may, at any time, extend its SAB into Unserved Area and provide service on a secondary basis only, provided that the extension area comprises less than 130 contiguous square kilometers (50 contiguous square miles). If more than one licensee of a Cellular system extends into all or a portion of the same Unserved Area under this section, all such licensees may provide service in such Unserved Area on a shared secondary (unprotected) basis only. ( b ) Contract extensions. The licensee of any Cellular system may, at any time, enter into a contract with an applicant for, or a licensee of, a Cellular system on the same channel block to allow one or more SAB extensions into its CGSA (not into Unserved Area). ( c ) Gulf of Mexico Service Area. Land-based Cellular system licensees may not extend their SABs into the Gulf of Mexico Exclusive Zone (GMEZ) absent written contractual consent of the co-channel GMEZ licensee. GMEZ licensees may not extend their SABs into the CGSA of a licensee on the same channel block in an adjacent CMA or the Gulf of Mexico Coastal Zone absent written contractual consent of the co-channel licensee. [ 79 FR 72151 , Dec. 5, 2014] § 22.913 Effective radiated power limits. Licensees in the Cellular Radiotelephone Service are subject to the effective radiated power (ERP) limits and other requirements in this Section. See also § 22.169 . ( a ) Maximum ERP. The ERP of transmitters in the Cellular Radiotelephone Service must not exceed the limits in this section. ( 1 ) Except as described in paragraphs (a)(2) , (3) , and (4) of this section, the ERP of base stations and repeaters must not exceed— ( i ) 500 watts per emission; or ( ii ) 400 watts/MHz (PSD) per sector. ( 2 ) Except as described in paragraphs (a)(3) and (4) of this section, for systems operating in areas more than 72 kilometers (45 miles) from international borders that: ( i ) Are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census; or ( ii ) Extend coverage into Unserved Area on a secondary basis ( see § 22.949 ), the ERP of base transmitters and repeaters must not exceed— ( A ) 1000 watts per emission; or ( B ) 800 watts/MHz (PSD) per sector. ( 3 ) Provided that they also comply with paragraphs (b) and (c) of this section, licensees are permitted to operate their base transmitters and repeaters with an ERP greater than 400 watts/MHz (PSD) per sector, up to a maximum ERP of 1000 watts/MHz (PSD) per sector unless they meet the conditions in paragraph (a)(4) of this section. ( 4 ) Provided that they also comply with paragraphs (b) and (c) of this section, licensees of systems operating in areas more than 72 kilometers (45 miles) from international borders that: ( i ) Are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census; or ( ii ) Extend coverage into Unserved Area on a secondary basis ( see § 22.949 ), are permitted to operate base transmitters and repeaters with an ERP greater than 800 watts/MHz (PSD) per sector, up to a maximum of 2000 watts/MHz (PSD) per sector. ( 5 ) The ERP of mobile transmitters and auxiliary test transmitters must not exceed 7 watts. ( b ) Power flux density (PFD). Until May 12, 2024, each Cellular base station that operates at the higher ERP limits permitted under paragraphs (a)(3) and (4) of this section must be designed and deployed so as not to exceed a modeled PFD of 3000 microwatts/m 2 /MHz over at least 98% of the area within 1 km of the base station antenna, at 1.6 meters above ground level. To ensure its compliance with this requirement, the licensee must perform predictive modeling of the PFD values within at least 1 km of each base station antenna prior to commencing such operations and, thereafter, prior to making any site modifications that may increase the PFD levels around the base station. The modeling tools must take into consideration terrain and other local conditions and must use good engineering practices for the 800 MHz band. ( c ) Advance notification requirement. At least 30 days but not more than 90 days prior to activating a base station at the higher ERP limits permitted under paragraphs (a)(3) and (4) of this section, the Cellular licensee must provide written advance notice to any public safety licensee authorized in the frequency range 806-816 MHz/851-861 MHz with a base station located within a radius of 113 km of the Cellular base station to be deployed. The written notice shall be required only one time for each such cell site and is for informational purposes only; the public safety licensees are not afforded the right to accept or reject the activation or to unilaterally require changes in the operating parameters. The written notification must include the base station's location, ERP level, height of the transmitting antenna's center of radiation above ground level, and the timeframe for activation, as well as the Cellular licensee's contact information. Additional information shall be provided by the Cellular licensee upon request of a public safety licensee required to be notified under this paragraph (c) . See also §§ 22.970 through 22.973 . ( d ) Power measurement. Measurement of the ERP of Cellular base transmitters and repeaters must be made using an average power measurement technique. The peak-to-average ratio (PAR) of the transmission must not exceed 13 dB. Power measurements for base transmitters and repeaters must be made in accordance with either of the following: ( 1 ) A Commission-approved average power technique ( see FCC Laboratory's Knowledge Database); or ( 2 ) For purposes of this section, peak transmit power must be measured over an interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. ( e ) Height-power limit. The ERP of base transmitters must not exceed the amount that would result in an average distance to the service area boundary of 79.1 kilometers (49 miles) for Cellular systems authorized to serve the Gulf of Mexico MSA and 40.2 kilometers (25 miles) for all other Cellular systems. The average distance to the service area boundary is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.911 for the eight cardinal radial directions. ( f ) Exemptions from height-power limit. Licensees need not comply with the height-power limit in paragraph (e) of this section if either of the following conditions is met: ( 1 ) The proposed operation is coordinated with the licensees of all affected Cellular systems on the same channel block within 121 kilometers (75 miles) and concurrence is obtained; or ( 2 ) The licensee's base transmitter or repeater is operated at the ERP limits (W/MHz) specified above in paragraph (a)(1)(ii) , (a)(2)(ii) , (a)(3) , or (a)(4) of this section. [ 82 FR 17582 , Apr. 12, 2017] § 22.917 Emission limitations for cellular equipment. The rules in this section govern the spectral characteristics of emissions in the Cellular Radiotelephone Service. ( a ) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log(P) dB. ( b ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a reference bandwidth as follows: ( 1 ) In the spectrum below 1 GHz, instrumentation should employ a reference bandwidth of 100 kHz or greater. In the 1 MHz bands immediately outside and adjacent to the frequency block, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy, provided that the measured power is integrated over the full required reference bandwidth ( i.e., 100 kHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( 2 ) In the spectrum above 1 GHz, instrumentation should employ a reference bandwidth of 1 MHz. ( c ) Alternative out of band emission limit. Licensees in this service may establish an alternative out of band emission limit to be used at specified band edge(s) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC. ( d ) Interference caused by out of band emissions. If any emission from a transmitter operating in this service results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section. [ 67 FR 77191 , Dec. 17, 2002, as amended at 82 FR 17583 , Apr. 12, 2017] § 22.921 [Reserved] § 22.923 Cellular system configuration. Mobile stations communicate with and through base transmitters only. Base transmitters communicate with mobile stations directly or through cellular repeaters. Auxiliary test stations may communicate with base or mobile stations for the purpose of testing equipment. § 22.925 Prohibition on airborne operation of cellular telephones. Cellular telephones installed in or carried aboard airplanes, balloons or any other type of aircraft must not be operated while such aircraft are airborne (not touching the ground). When any aircraft leaves the ground, all cellular telephones on board that aircraft must be turned off. The following notice must be posted on or near each cellular telephone installed in any aircraft: “The use of cellular telephones while this aircraft is airborne is prohibited by FCC rules, and the violation of this rule could result in suspension of service and/or a fine. The use of cellular telephones while this aircraft is on the ground is subject to FAA regulations.” §§ 22.927-22.943 [Reserved] § 22.946 Construction period for Unserved Area authorizations. The construction period applicable to new or modified Cellular facilities for which an authorization is granted pursuant to the Unserved Area process is one year, beginning on the date the authorization is granted. To satisfy this requirement, a Cellular system must be providing service to mobile stations operated by subscribers and roamers. The licensee must notify the FCC (FCC Form 601) after the requirements of this section are met. See § 1.946 of this chapter . See also § 22.949 . [ 79 FR 72151 , Dec. 5, 2014] § 22.948 Geographic partitioning and spectrum disaggregation; spectrum leasing. Cellular licensees may apply to partition any portion of their licensed Cellular Geographic Service Area (CGSA) or to disaggregate their licensed spectrum at any time following the grant of their authorization(s). Parties seeking approval for partitioning and disaggregation shall request from the FCC an authorization for partial assignment of a license pursuant to § 1.948 of this chapter . See also paragraph (d) of this section regarding spectrum leasing. ( a ) Partitioning, disaggregation, or combined partitioning and disaggregation. Applicants must file FCC Form 603 (“Assignment of Authorization and Transfer of Control”) pursuant to § 1.948 of this chapter , as well as GIS map files and a reduced-size PDF map pursuant to § 22.953 for both the assignor and assignee. ( b ) Field strength limit. For purposes of partitioning and disaggregation, Cellular systems must be designed so as to comply with § 22.983 . ( c ) License term. The license term for a partitioned license area and for disaggregated spectrum will be the remainder of the original license term. ( d ) Spectrum leasing. Cellular spectrum leasing is subject to all applicable provisions of subpart X of part 1 of this chapter as well as the provisions of paragraph (a) of this section, except that applicants must file FCC Form 608 (“Application or Notification for Spectrum Leasing Arrangement or Private Commons Arrangement”), not FCC Form 603. [ 79 FR 72152 , Dec. 5, 2014] § 22.949 Unserved Area licensing; minimum coverage requirements. ( a ) The Unserved Area licensing process described in this section is on-going and applications may be filed at any time, subject to the following coverage requirements: ( 1 ) Applicants for authority to operate a new Cellular system or expand an existing Cellular Geographic Service Area (CGSA) in Unserved Area must propose a CGSA or CGSA expansion of at least 130 contiguous square kilometers (50 contiguous square miles) using the methodology of § 22.911 . ( 2 ) Applicants for authority to operate a new Cellular system must not propose coverage of water areas only (or water areas and uninhabited islands or reefs only), except for Unserved Area in the Gulf of Mexico Service Area. ( b ) There is no limit to the number of Unserved Area applications that may be granted on each channel block of each CMA that is subject to the procedures of this section. Consequently, Unserved Area applications are mutually exclusive only if the proposed CGSAs would overlap. Mutually exclusive applications are processed using the general procedures under § 22.131 . ( c ) Unserved Area applications under this section may propose a CGSA covering more than one CMA. Each Unserved Area application must request authorization for only one CGSA and must not propose a CGSA overlap with an existing CGSA. ( d ) Settlements among some, but not all, applicants with mutually exclusive applications for Unserved Area (partial settlements) under this section are prohibited. Settlements among all applicants with mutually exclusive applications under this section (full settlements) are allowed and must be filed no later than the date that the FCC Form 175 (short-form) is filed. [ 79 FR 72152 , Dec. 5, 2014] § 22.950 Provision of service in the Gulf of Mexico Service Area (GMSA). The GMSA has been divided into two areas for licensing purposes, the Gulf of Mexico Exclusive Zone (GMEZ) and the Gulf of Mexico Coastal Zone (GMCZ). This section describes these areas and sets forth the process for licensing facilities in these two respective areas within the GMSA. ( a ) The GMEZ and GMCZ are defined as follows: ( 1 ) Gulf of Mexico Exclusive Zone. The geographical area within the Gulf of Mexico Service Area that lies between the coastline line and the southern demarcation line of the Gulf of Mexico Service Area, excluding the area comprising the Gulf of Mexico Coastal Zone. ( 2 ) Gulf of Mexico Coastal Zone. The geographical area within the Gulf of Mexico Service Area that lies between the coast line of Florida and a line extending approximately twelve nautical miles due south from the coastline boundary of the States of Florida and Alabama, and continuing along the west coast of Florida at a distance of twelve nautical miles from the shoreline. The line is defined by Great Circle arcs connecting the following points (geographical coordinates listed as North Latitude, West Longitude) consecutively in the order listed: ( i ) 30°16′49″ N 87°31′06″ W ( ii ) 30°04′35″ N 87°31′06″ W ( iii ) 30°10′56″ N 86°26′53″ W ( iv ) 30°03′00″ N 86°00′29″ W ( v ) 29°33′00″ N 85°32′49″ W ( vi ) 29°23′21″ N 85°02′06″ W ( vii ) 29°49′44″ N 83°59′02″ W ( viii ) 28°54′00″ N 83°05′33″ W ( ix ) 28°34′41″ N 82°53′38″ W ( x ) 27°50′39″ N 83°04′27″ W ( xi ) 26°24′22″ N 82°23′22″ W ( xii ) 25°41′39″ N 81°49′40″ W ( xiii ) 24°59′02″ N 81°15′04″ W ( xiv ) 24°44′23″ N 81°57′04″ W ( xv ) 24°32′37″ N 82°02′01″ W ( b ) Service Area Boundary Calculation. The service area boundary of a cell site located within the Gulf of Mexico Service Area is calculated pursuant to § 22.911(a)(2) . Otherwise, the service area boundary is calculated pursuant to § 22.911(a)(1) or § 22.911(b) . ( c ) Gulf of Mexico Exclusive Zone (GMEZ). GMEZ licensees have an exclusive right to provide Cellular service in the GMEZ, and may add, modify, or remove facilities anywhere within the GMEZ without prior FCC approval. There is no Unserved Area licensing procedure for the GMEZ. ( d ) Gulf of Mexico Coastal Zone (GMCZ). The GMCZ is subject to the Unserved Area licensing procedures set forth in § 22.949 . [ 67 FR 9610 , Mar. 4, 2002, as amended at 79 FR 72152 , Dec. 5, 2014] § 22.951 [Reserved] § 22.953 Content and form of applications for Cellular Unserved Area authorizations. Applications for authority to operate a new Cellular system or to modify an existing Cellular system must comply with the specifications in this section. ( a ) New Systems. In addition to information required by subpart B of this part and by FCC Form 601, applications for an Unserved Area authorization to operate a Cellular system must comply with all applicable requirements set forth in part 1 of this chapter , including the requirements specified in §§ 1.913 , 1.923 , and 1.924 , and must include the information listed below. Geographical coordinates must be correct to ±1 second using the NAD 83 datum. ( 1 ) Exhibit I—Geographic Information System (GIS) map files. Geographic Information System (GIS) map files must be submitted showing the entire proposed CGSA, the new cell sites (transmitting antenna locations), and the service area boundaries of additional and modified cell sites that extend into Unserved Area being claimed as CGSA. See § 22.911 . The FCC will specify the file format required for the GIS map files, which are to be submitted electronically via the Universal Licensing System (ULS). ( 2 ) Exhibit II—Reduced-size PDF map. This map must be 8 1 ⁄ 2 × 11 inches (if possible, a proportional reduction of a 1:500,000 scale map). The map must have a legend, a distance scale, and correctly labeled latitude and longitude lines. The map must be clear and legible. The map must accurately show the entire proposed CGSA, the new cell sites (transmitting antenna locations), the service area boundaries of additional and modified cell sites that extend beyond the CGSA, and the relevant portions of the CMA boundary. See § 22.911 . ( 3 ) Exhibit III—Technical Information. In addition, upon request by an applicant, licensee, or the FCC, a Cellular applicant or licensee of whom the request is made shall furnish the antenna type, model, the name of the antenna manufacturer, antenna gain in the maximum lobe, the beam width of the maximum lobe of the antenna, a polar plot of the horizontal gain pattern of the antenna, antenna height to tip above ground level, the height of the center of radiation of the antenna above the average terrain, the maximum effective radiated power, and the electric field polarization of the wave emitted by the antenna when installed as proposed to the requesting party within ten (10) days of receiving written notification. ( 4 ) - ( 10 ) [Reserved] ( 11 ) Additional information. The FCC may request information not specified in FCC Form 601 or in paragraphs (a)(1) through (a)(3) of this section as necessary to process an application. ( b ) Existing systems—major modifications. Licensees making major modifications pursuant to § 1.929(a) and (b) of this chapter must file FCC Form 601 and comply with the requirements of paragraph (a) of this section. ( c ) Existing systems—minor modifications. Licensees making minor modifications pursuant to § 1.929(k) of this chapter must file FCC Form 601 or FCC Form 603, provided, however, that a resulting reduction in coverage within the CGSA is not subject to this requirement. See § 1.947(b) . See also § 22.169 . If the modification involves a contract SAB extension into or from the Gulf of Mexico Exclusive Zone, it must include a certification that the required written consent has been obtained. See §§ 22.912(c) and 22.950 . [ 79 FR 72152 , Dec. 5, 2014, as amended at 82 FR 17584 , Apr. 12, 2017] §§ 22.955-22.957 [Reserved] § 22.959 Rules governing processing of applications for initial systems. Pending applications for authority to operate the first cellular system on a channel block in an MSA or RSA market continue to be processed under the rules governing the processing of such applications that were in effect when those applications were filed, unless the Commission determines otherwise in a particular case. § 22.960 Cellular operations in the Chambers, TX CMA (CMA672-A). This section applies only to Cellular systems operating on channel block A of the Chambers, Texas CMA (CMA672-A). ( a ) The geographic boundary of CMA672-A is deemed to be the Cellular Geographic Service Area (CGSA) boundary. This CGSA boundary is not determined using the methodology of § 22.911 . The licensee of CMA672-A may not propose an expansion of this CGSA into another CMA unless and until it meets the construction requirement set forth in paragraph (b)(2) of this section. ( b ) A licensee that holds the license for CMA672-A must be providing signal coverage and offering service as follows (and in applying these geographic construction benchmarks, the licensee is to count total land area): ( 1 ) To at least 35% of the geographic area of CMA672-A within four years of the grant of such authorization; and ( 2 ) To at least 70% of the geographic area of its license authorization by the end of the license term. ( c ) After it has met each of the requirements of paragraphs (b)(1) and (b)(2), respectively, of this section, the licensee that holds the license for CMA672-A must notify the FCC that it has met the requirement by submitting FCC Form 601, including GIS map files and other supporting documents showing compliance with the requirement. See § 1.946 of this chapter . See also § 22.953 . ( d ) Failure to meet the construction requirements set forth in paragraphs (b)(1) and (b)(2) of this section by each of the applicable deadlines will result in automatic termination of the license for CMA672-A and its return to the Commission for future re-licensing subject to competitive bidding procedures. The licensee that fails to meet each requirement of this section by the applicable deadline set forth in paragraphs (b)(1) and (b)(2) shall be ineligible to regain the license for CMA672-A. [ 79 FR 72153 , Dec. 5, 2014] § 22.961 Cellular licenses subject to competitive bidding. ( a ) The following applications for Cellular licensed area authorizations are subject to competitive bidding: ( 1 ) Mutually exclusive applications for Unserved Area filed after July 26, 1993; and ( 2 ) Mutually exclusive applications for the initial authorization for CMA672-A (Chambers, TX). ( b ) The competitive bidding procedures set forth in § 22.229 and the general competitive bidding procedures set forth in subpart Q of part 1 of this chapter will apply. [ 79 FR 72153 , Dec. 5, 2014] §§ 22.962-22.969 [Reserved] § 22.970 Unacceptable interference to part 90 non-cellular 800 MHz licensees from cellular radiotelephone or part 90-800 MHz cellular systems. ( a ) Definition. Except as provided in 47 CFR 90.617(k) , unacceptable interference to non-cellular part 90 licensees in the 800 MHz band from cellular radiotelephone or part 90-800 MHz cellular systems will be deemed to occur when the below conditions are met: ( 1 ) A transceiver at a site at which interference is encountered: ( i ) Is in good repair and operating condition, and is receiving: ( A ) A median desired signal of −104 dBm or higher, as measured at the R.F. input of the receiver of a mobile unit; or ( B ) A median desired signal of −101 dBm or higher, as measured at the R.F. input of the receiver of a portable i.e. hand-held unit; and, either ( ii ) Is a voice transceiver: ( A ) With manufacturer published performance specifications for the receiver section of the transceiver equal to, or exceeding, the minimum standards set out in paragraph (b) of this section, below; and; ( B ) Receiving an undesired signal or signals which cause the measured Carrier to Noise plus interference (C/(I + N)) ratio of the receiver section of said transceiver to be less than 20 dB, or, ( iii ) Is a non-voice transceiver receiving an undesired signal or signals which cause the measured bit error rate (BER) (or some comparable specification) of the receiver section of said transceiver to be more than the value reasonably designated by the manufacturer. ( 2 ) Provided, however, that if the receiver section of the mobile or portable voice transceiver does not conform to the standards set out in paragraph (b) of this section, then that transceiver shall be deemed subject to unacceptable interference only at sites where the median desired signal satisfies the applicable threshold measured signal power in paragraph (a)(1)(i) of this section after an upward adjustment to account for the difference in receiver section performance. The upward adjustment shall be equal to the increase in the desired signal required to restore the receiver section of the subject transceiver to the 20 dB C/(I + N) ratio of paragraph (a)(1)(ii)(B) of this section. The adjusted threshold levels shall then define the minimum measured signal power(s) in lieu of paragraphs (a)(1)(i) of this section at which the licensee using such non-compliant transceiver is entitled to interference protection. ( b ) Minimum receiver requirements. Voice transceivers capable of operating in the 806-824 MHz portion of the 800 MHz band shall have the following minimum performance specifications in order for the system in which such transceivers are used to claim entitlement to full protection against unacceptable interference (See paragraph (a) (2) of this section). ( 1 ) Voice units intended for mobile use: 75 dB intermodulation rejection ratio; 75 dB adjacent channel rejection ratio; −116 dBm reference sensitivity. ( 2 ) Voice units intended for portable use: 70 dB intermodulation rejection ratio; 70 dB adjacent channel rejection ratio; −116 dBm reference sensitivity. [ 69 FR 67834 , Nov. 22, 2004, as amended at 70 FR 76707 , Dec. 28, 2005] § 22.971 Obligation to abate unacceptable interference. ( a ) Strict Responsibility. Any licensee who, knowingly or unknowingly, directly or indirectly, causes or contributes to causing unacceptable interference to a non-cellular part 90 of this chapter licensee in the 800 MHz band, as defined in § 22.970 , shall be strictly accountable to abate the interference, with full cooperation and utmost diligence, in the shortest time practicable. Interfering licensees shall consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.972(c) . This strict responsibility obligation applies to all forms of interference, including out-of-band emissions and intermodulation. ( b ) Joint and several responsibility. If two or more licensees knowingly or unknowingly, directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular part 90 of this chapter licensee in the 800 MHz band, as defined in § 22.970 , such licensees shall be jointly and severally responsible for abating interference, with full cooperation and utmost diligence, in the shortest practicable time. ( 1 ) This joint and several responsibility rule requires interfering licensees to consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.972(c) . This joint and several responsibility rule applies to all forms of interference, including out-of-band emissions and intermodulation. ( 2 ) Any licensee that can show that its signal does not directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular part 90 of this chapter licensee in the 800 MHz band, as defined in this chapter, shall not be held responsible for resolving unacceptable interference. Notwithstanding, any licensee that receives an interference complaint from a public safety/CII licensee shall respond to such complaint consistent with the interference resolution procedures set forth in this chapter. [ 69 FR 67834 , Nov. 22, 2004, as amended at 70 FR 76707 , Dec. 28, 2005] § 22.972 Interference resolution procedures. ( a ) Initial notification. ( 1 ) Cellular Radiotelephone licensees may receive initial notification of interference from non-cellular part 90 of this chapter licensees in the 800 MHz band pursuant to § 90.674(a) of this chapter . ( 2 ) Cellular Radiotelephone licensees, in conjunction with part 90 ESMR licensees, shall establish an electronic means of receiving the initial notification described in § 90.674(a) of this chapter . The electronic system must be designed so that all appropriate Cellular Radiotelephone licensees and part 90 ESMR licensees can be contacted about the interference incident with a single notification. The electronic system for receipt of initial notification of interference complaints must be operating no later than February 22, 2005. ( 3 ) Cellular Radiotelephone licensees must respond to the initial notification described in § 90.674(a) of this chapter , as soon as possible and no later than 24 hours after receipt of notification from a part 90 public safety/CII licensee. This response time may be extended to 48 hours after receipt from other part 90 non-cellular licensees provided affected communications on these systems are not safety related. ( b ) Interference analysis. Cellular Radiotelephone licensees—who receive an initial notification described in § 90.674(a) of this chapter —shall perform a timely analysis of the interference to identify the possible source. Immediate on-site visits may be conducted when necessary to complete timely analysis. Interference analysis must be completed and corrective action initiated within 48 hours of the initial complaint from a part 90 of this chapter public safety/CII licensee. This response time may be extended to 96 hours after the initial complaint from other part 90 of this chapter non-cellular licensees provided affected communications on these systems are not safety related. Corrective action may be delayed if the affected licensee agrees in writing (which may be, but is not required to be, recorded via e-mail or other electronic means) to a longer period. ( c ) Mitigation steps. ( 1 ) All Cellular Radiotelephone and part 90 of this chapter —800 MHz cellular system licensees who are responsible for causing unacceptable interference shall take all affirmative measures to resolve such interference. Cellular Radiotelephone licensees found to contribute to unacceptable interference, as defined in § 22.970 , shall resolve such interference in the shortest time practicable. Cellular Radiotelephone licensees and part 90 of this chapter —800 MHz cellular system licensees must provide all necessary test apparatus and technical personnel skilled in the operation of such equipment as may be necessary to determine the most appropriate means of timely eliminating the interference. However, the means whereby interference is abated or the cell parameters that may need to be adjusted is left to the discretion of the Cellular Radiotelephone and/or part 90 of this chapter —800 MHz cellular system licensees, whose affirmative measures may include, but not be limited to, the following techniques: ( i ) Increasing the desired power of the public safety/CII signal; ( ii ) Decreasing the power of the part 90 ESMR and/or Cellular Radiotelephone system signal; ( iii ) Modifying the part 90 ESMR and/or Cellular Radiotelephone system antenna height; ( iv ) Modifying the part 90 ESMR and/or Cellular Radiotelephone system antenna characteristics; ( v ) Incorporating filters into part 90 ESMR and/or Cellular Radiotelephone transmission equipment; ( vi ) Permanently changing part 90 ESMR and/or Cellular Radiotelephone frequencies; and ( vii ) Supplying interference-resistant receivers to the affected public safety/CII licensee(s). If this technique is used, in all circumstances, Cellular Radiotelephone and/or part 90 of this chapter ESMR licensees shall be responsible for all costs thereof. ( 2 ) Whenever short-term interference abatement measures prove inadequate, the affected part 90 of this chapter non-cellular licensee shall, consistent with but not compromising safety, make all necessary concessions to accepting interference until a longer-term remedy can be implemented. ( 3 ) Discontinuing operations when clear imminent danger exists. When a part 90 of this chapter public safety licensee determines that a continuing presence of interference constitutes a clear and imminent danger to life or property, the licensee causing the interference must discontinue the associated operation immediately, until a remedy can be identified and applied. The determination that a continuing presence exists that constitutes a clear and imminent danger to life or property, must be made by written statement that: ( i ) Is in the form of a declaration, notarized affidavit, or statement under penalty or perjury, from an officer or executive of the affected public safety licensee; ( ii ) Thoroughly describes the basis of the claim of clear and imminent danger; ( iii ) Was formulated on the basis of either personal knowledge or belief after due diligence; ( iv ) Is not proffered by a contractor or other third party; and ( v ) Has been approved by the Chief of the Public Safety and Homeland Security Bureau or other designated Commission official. Prior to the authorized official making a determination that a clear and imminent danger exists, the associated written statement must be served by hand-delivery or receipted fax on the applicable offending licensee, with a copy transmitted by the fastest available means to the Washington, DC office of the Commission's Public Safety and Homeland Security Bureau. [ 69 FR 67834 , Nov. 22, 2004, as amended at 70 FR 76707 , Dec. 28, 2005; 71 FR 69038 , Nov. 29, 2006] § 22.973 Information exchange. ( a ) Prior notification. Public safety/CII licensees may notify a part 90 ESMR or cellular radiotelephone licensee that they wish to receive prior notification of the activation or modification of part 90 ESMR or cellular radiotelephone cell sites in their area. Thereafter, the part 90 ESMR or cellular radiotelephone licensee must provide the following information to the public safety/CII licensee at least 10 business days before a new cell site is activated or an existing cell site is modified: ( 1 ) Location; ( 2 ) Effective radiated power; ( 3 ) Antenna height; ( 4 ) Channels available for use. ( b ) Purpose of prior notification. The prior coordination of cell sites is for informational purposes only. Public safety/CII licensees are not afforded the right to accept or reject the activation of a proposed cell or to unilaterally require changes in its operating parameters. The principal purposes of notification are to: ( 1 ) Allow a public safety licensee to advise the part 90 of this chapter ESMR or Cellular Radiotelephone licensee whether it believes a proposed cell will generate unacceptable interference; ( 2 ) Permit Cellular Radiotelephone or part 90 of this chapter ESMR licensees to make voluntary changes in cell parameters when a public safety licensee alerts them to possible interference; and ( 3 ) Rapidly identify the source if interference is encountered when the cell is activated. [ 69 FR 67834 , Nov. 22, 2004] § 22.983 Field strength limit. ( a ) Subject to paragraphs (b) and (c) of this section, a licensee's predicted or measured median field strength limit must not exceed 40 dBµV/m at any given point along the Cellular Geographic Service Area (CGSA) boundary of a neighboring licensee on the same channel block, unless the affected licensee of the neighboring CGSA on the same channel block agrees to a different field strength. This also applies to CGSAs partitioned pursuant to § 22.948 . ( b ) Gulf of Mexico Service Area. Notwithstanding the field strength limit provision set forth in paragraph (a) of this section, licensees in or adjacent to the Gulf of Mexico Exclusive Zone are subject to § 22.912(c) regarding service area boundary extensions. See § 22.912(c) . ( c ) Cellular licensees shall be subject to all applicable provisions and requirements of treaties and other international agreements between the United States government and the governments of Canada and Mexico, notwithstanding paragraphs (a) and (b) of this section. [ 79 FR 72153 , Dec. 5, 2014] Subpart I—Offshore Radiotelephone Service § 22.1001 Scope. The rules in this subpart govern the licensing and operation of offshore radiotelephone stations. The licensing and operation of these stations and systems is also subject to rules elsewhere in this part that apply generally to the public mobile services. However, in case of conflict, the rules in this subpart govern. § 22.1003 Eligibility. Any eligible entity (see § 22.7 ) may apply for central station license(s) and/or offshore subscriber licenses under this subpart. [ 70 FR 19312 , Apr. 13, 2005] § 22.1005 Priority of service. Facilities in the Offshore Radiotelephone Service are intended primarily for rendition of public message service between offshore subscriber and central stations. However, they may also be used to render private leased line communication service, provided that such usage does not reduce or impair the extent or quality of communication service which would be available, in the absence of private leased line service, to the general public receiving or subsequently requesting public message service from an offshore central station. § 22.1007 Channels for offshore radiotelephone systems. The channels listed in this section are allocated for paired assignment to transmitters located in the specified geographical zones that provide offshore radiotelephone service. All channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. ( a ) Zone A—Southern Louisiana. The geographical area in Zone A is bounded as follows: From longitude W.87°45′ on the East to longitude W.94°00′ on the West and from the 4.8 kilometer (3 mile) limit along the Gulf of Mexico shoreline on the North to the limit of the Outer Continental Shelf on the South. ( 1 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for voice-grade general communications: Central Subscriber Central Subscriber 488.025 491.025 488.225 491.225 488.050 491.050 488.250 491.250 488.075 491.075 488.275 491.275 488.100 491.100 488.300 491.300 488.125 491.125 488.325 491.325 488.150 491.150 488.350 491.350 488.175 491.175 488.375 491.375 488.200 491.200 488.400 491.400 ( 2 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for voice-grade general communications and private line service: Central Subscriber Central Subscriber 488.425 491.425 488.575 491.575 488.450 491.450 488.600 491.600 488.475 491.475 488.625 491.625 488.500 491.500 488.650 491.650 488.525 491.525 488.675 491.675 488.550 491.550 488.700 491.700 ( 3 ) These channels may be assigned for use by relay stations in systems where it would be impractical to provide offshore radiotelephone service without the use of relay stations. Central Subscriber Central Subscriber 488.725 491.725 488.775 491.775 488.750 491.750 488.800 491.800 ( 4 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for emergency communications involving protection of life and property. Central Subscriber Central Subscriber 488.825 491.825 488.875 491.875 488.850 491.850 488.900 491.900 ( 5 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for emergency auto alarm and voice transmission pertaining to emergency conditions only. Central Subscriber 488.950 491.950 ( 6 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for emergency shut-off remote control telemetry, environmental data acquisition and disseminations, or facsimile transmissions. Central Subscriber Central Subscriber 489.000 492.000 489.200 492.200 489.025 492.025 489.225 492.225 489.050 492.050 489.250 492.250 489.075 492.075 489.275 492.275 489.100 492.100 489.300 492.300 489.125 492.125 489.325 492.325 489.150 492.150 489.350 492.350 489.175 492.175 489.375 492.375 ( 7 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for private line service: Central Subscriber Central Subscriber 489.400 492.400 489.725 492.725 489.425 492.425 489.750 492.750 489.450 492.450 489.775 492.775 489.475 492.475 489.800 492.800 489.500 492.500 489.825 492.825 489.525 492.525 489.850 492.850 489.550 492.550 489.875 492.875 489.575 492.575 489.900 492.900 489.600 492.600 489.925 492.925 489.625 492.625 489.950 492.950 489.650 492.650 489.975 492.975 489.675 492.675 490.000 493.000 489.700 492.700 ( 8 ) Interstitial channels. Interstitial channels are those with center frequencies offset by ±12.5 kHz from the listed center frequencies. The FCC may assign interstitial channels to offshore stations in Zone A subject to the following conditions: ( i ) Offshore stations transmitting on interstitial channels must be located east of W.92° longitude. ( ii ) Operations on interstitial channels are considered to be secondary to operations on channels with the listed center frequencies. ( iii ) Offshore stations operating on interstitial channels must be used only for voice grade general communications or to provide for private line service. Note to paragraph ( a ) of § 22.1007 : These channels are contained in UHF TV Channel 17. ( b ) Zone B—Southern Louisiana—Texas. ( 1 ) The geographical area in Zone B is bounded as follows: From longitude W.87°45′ on the East to longitude W.95°00′ on the West and from the 4.8 kilometer (3 mile) limit along the Gulf of Mexico shoreline on the North to the limit of the Outer Continental Shelf on the South. ( 2 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for voice-grade general communications and private line service: Central Subscriber Central Subscriber 485.025 482.025 486.025 483.025 485.050 482.050 486.050 483.050 485.075 482.075 486.075 483.075 485.100 482.100 486.100 483.100 485.125 482.125 486.125 483.125 485.150 482.150 485.150 483.150 485.175 482.175 486.175 483.175 485.200 482.200 486.200 483.200 485.225 482.225 486.225 483.225 485.250 482.250 486.250 483.250 485.275 482.275 486.275 483.275 485.300 482.300 486.300 483.300 485.325 482.325 486.325 483.325 485.350 482.350 486.350 483.350 485.375 482.375 486.375 483.375 485.400 482.400 486.400 483.400 485.425 482.425 486.425 483.425 485.450 482.450 486.450 483.450 485.475 482.475 486.475 483.475 485.500 482.500 486.500 483.500 485.525 482.525 486.525 483.525 485.550 482.550 484.550 483.550 485.575 482.575 486.575 483.575 485.600 482.600 486.600 483.600 485.625 482.625 486.625 483.625 485.650 482.650 486.650 483.650 485.675 482.675 486.675 483.675 485.700 482.700 486.700 483.700 485.725 482.725 486.725 483.725 485.750 482.750 486.750 483.750 485.775 482.775 486.775 483.775 485.800 482.800 486.800 483.800 485.825 482.825 486.825 483.825 485.850 482.850 486.850 483.850 485.875 482.875 486.875 483.875 485.900 482.900 486.900 483.900 485.925 482.925 486.925 483.925 485.950 482.950 486.950 483.950 485.975 482.975 486.975 483.975 486.000 483.000 487.050 480.050 Note to paragraph ( b ) of § 22.1007 : These channels are contained in UHF TV Channel 16. ( c ) Zone C—Southern Texas. The geographical area in Zone C is bounded as follows: Longitude W.94°00′ on the East, the 4.8 kilometer (3 mile) limit on the North and West, a 282 kilometer (175 mile) radius from the reference point at Linares, N.L., Mexico on the Southwest, latitude N.26°00′ on the South, and the limits of the outer continental shelf on the Southeast. ( 1 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for emergency auto alarm and voice transmission pertaining to emergency conditions only. Central Subscriber 476.950 479.950 ( 2 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for voice-grade general communications and private line service: 476.025 479.025 476.050 479.050 476.075 479.075 476.100 479.100 476.125 479.125 476.150 479.150 476.175 479.175 476.200 479.200 476.225 479.225 476.250 479.250 476.275 479.275 476.300 479.300 476.325 479.325 476.350 479.350 476.375 479.375 476.400 479.400 476.425 479.425 476.450 479.450 476.475 479.475 476.500 479.500 476.525 479.525 476.550 479.550 476.575 479.575 476.600 479.600 476.625 479.625 476.650 479.650 476.675 479.675 476.700 479.700 476.725 479.725 476.750 479.750 476.775 479.775 476.800 479.800 476.825 479.825 476.850 479.850 476.875 479.875 476.900 479.900 477.000 480.000 477.025 480.025 477.075 480.075 477.100 480.100 477.125 480.125 477.150 480.150 477.175 480.175 477.200 480.200 477.225 480.225 477.250 480.250 477.275 480.275 477.300 480.300 477.325 480.325 477.350 480.350 477.375 480.375 477.400 480.400 477.425 480.425 477.450 480.450 477.475 480.475 477.500 480.500 477.525 480.525 477.550 480.550 477.575 480.575 477.600 480.600 477.625 480.625 477.650 480.650 477.675 480.675 477.700 480.700 477.725 480.725 477.750 480.750 477.775 480.775 477.800 480.800 477.825 480.825 477.850 480.850 477.875 480.875 477.900 480.900 477.925 480.925 477.950 480.950 477.975 480.975 [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9891 , Feb. 22, 1995] § 22.1009 Transmitter locations. The rules in this section establish limitations on the locations from which stations in the Offshore Radiotelephone Service may transmit. ( a ) All stations. Offshore stations must not transmit from locations outside the boundaries of the appropriate zones specified in § 22.1007 . Offshore stations must not transmit from locations within 241 kilometers (150 miles) of any full-service television station that transmits on the TV channel containing the channel on which the offshore station transmits. ( b ) Airborne subscriber stations. Airborne subscriber stations must not transmit from altitudes exceeding 305 meters (1000 feet) above mean sea level. Airborne mobile stations in Zone A must not transmit from locations within 129 kilometers (80 miles) of Lake Charles, Louisiana. Airborne mobile stations in Zone B must not transmit from locations within 129 kilometers (80 miles) of Lafayette, Louisiana. Airborne mobile stations in Zone C must not transmit from locations within 129 kilometers (80 miles) of Corpus Christi or locations within 129 kilometers (80 miles) of Houston, Texas. § 22.1011 Antenna height limitations. The antenna height of offshore stations must not exceed 61 meters (200 feet) above mean sea level. The antenna height of offshore surface mobile stations must not exceed 10 meters (30 feet) above the waterline. § 22.1013 Effective radiated power limitations. The effective radiated power (ERP) of transmitters in the Offshore Radiotelephone Service must not exceed the limits in this section. ( a ) Maximum power. The ERP of transmitters in this service must not exceed 1000 Watts under any circumstances. ( b ) Mobile transmitters. The ERP of mobile transmitters must not exceed 100 Watts. The ERP of mobile transmitters, when located within 32 kilometers (20 miles) of the 4.8 kilometer (3 mile) limit, must not exceed 25 Watts. The ERP of airborne mobile stations must not exceed 1 Watt. ( c ) Protection for TV Reception. The ERP limitations in this paragraph are intended to reduce the likelihood that interference to television reception from offshore radiotelephone operations will occur. ( 1 ) Co-channel protection. The ERP of offshore stations must not exceed the limits in Table I-1 of this section. The limits depend upon the height above mean sea level of the offshore transmitting antenna and the distance between the antenna location of the offshore transmitter and the antenna location of the main transmitter of the nearest full-service television station that transmits on the TV channel containing the channel on which the offshore station transmits. ( 2 ) Adjacent channel protection. The ERP of offshore stations located within 128.8 kilometers (80 miles) of the main transmitter antenna of a full service TV station that transmits on a TV channel adjacent to the TV channel which contains the channel on which the offshore station transmits must not exceed the limits in the Table I-2 of § 22.1015 . The limits depend upon the height above mean sea level of the offshore transmitting antenna and the distance between the location of the offshore transmitter and the 4.8 kilometer (3 mile) limit. Table I-1—Maximum ERP (Watts) Distance 30 meters (100 feet) 45 meters (150 feet) 61 meters (200 feet) 338 km (210 mi) 1000 1000 1000 330 km (205 mi) 1000 900 800 2 km (200 mi) 800 710 630 314 km (195 mi) 590 520 450 306 km (190 mi) 450 400 330 298 km (185 mi) 320 280 240 290 km (180 mi) 250 210 175 282 km (175 mi) 180 150 130 274 km (170 mi) 175 110 100 266 km (165 mi) 95 80 70 258 km (160 mi) 65 55 50 249 km (155 mi) 50 40 35 241 km (150 mi) 35 30 25 § 22.1015 Repeater operation. Offshore central stations may be used as repeater stations provided that the licensee is able to maintain control of the station, and in particular, to turn the transmitter off, regardless of whether associated subscriber stations are transmitting at the time. Table I-2—Maximum ERP (Watts) Distance from the 4.8 km (3 mi) limit 30 meters (100 feet) 61 meters (200 feet) 6.4 km (4 mi) 25 6 8.0 km (5 mi) 40 10 9.7 km (6 mi) 65 15 11.3 km (7 mi) 100 25 12.9 km (8 mi) 150 35 14.5 km (9 mi) 215 50 16.1 km (10 mi) 295 70 17.7 km (11 mi) 400 100 19.3 km (12 mi) 530 130 20.9 km (13 mi) 685 170 22.5 km (14 mi) 870 215 24.1 km (15 mi) 1000 270 25.7 km (16 mi) 1000 415 27.4 km (17 mi) 1000 505 29.0 km (18 mi) 1000 610 30.6 km (19 mi) 1000 730 32.2 km (20 mi) 1000 865 33.8 km (21 mi) 1000 1000 § 22.1025 Permissible communications. Offshore central stations must communicate only with subscriber stations (fixed, temporary-fixed, mobile and airborne). Offshore subscriber stations must normally communicate only with and through offshore central stations. Stations in the Offshore Radiotelephone Service may communicate through relay stations authorized in this service. § 22.1031 Temporary fixed stations. The FCC may, upon proper application therefor, authorize the construction and operation of temporary fixed stations in the Offshore Radiotelephone service to be used only when the service of permanent fixed stations is disrupted by storms or emergencies or is otherwise unavailable. ( a ) Six month limitation. If it is necessary for a temporary fixed station to remain at the same location for more than six months, the licensee of that station must apply for authorization to operate the station at the specific location at least 30 days before the end of the six month period. ( b ) International communications. Communications between the United States and Mexico must not be carried using a temporary fixed station without prior authorization from the FCC. Licensees desiring to carry such communications should apply sufficiently in advance to allow for the time necessary to coordinate with Canada or Mexico. § 22.1035 Construction period. The construction period (see § 22.142 ) for offshore stations is 18 months. § 22.1037 Application requirements for offshore stations. Applications for new Offshore Radiotelephone Service stations must contain an exhibit showing that: ( a ) The applicant has notified all licensees of offshore stations located within 321.8 kilometers (200 miles) of the proposed offshore station, by providing the following data, at least 30 days before filing the application: ( 1 ) The name, business address, channel coordinator, and telephone number of the applicant; ( 2 ) The location and geographical coordinates of the proposed station; ( 3 ) The channel and type of emission; ( 4 ) The height and type of antenna; ( 5 ) The bearing of the main lobe of the antenna; and, ( 6 ) The effective radiated power. ( b ) The proposed station will not interfere with the primary ORS channels by compliance with the following separations: ( 1 ) Co-channel to a distance of 241.4 kilometers (150 miles). ( 2 ) If interstitial channels are used, adjacent channels (±12.5 kHz) to a distance of 80.5 kilometers (50 miles). ( 3 ) Third order intermodulation channels (±12.5 kHz) to a distance of 32.2 kilometers (20 miles). ( 4 ) If the proposed transmitting antenna site is located west of longitude W.93°40′, and within 32.2 kilometers (20 miles) of the shoreline, and proposed use of the channels listed in § 22.1007(b) , no third-order intermodulation interference would be caused to any base or mobile station using the channels between 488 and 494 MHz."}}},{"rowIdx":42,"cells":{"file_name":{"kind":"string","value":"title-47_17.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 17—CONSTRUCTION, MARKING, AND LIGHTING OF ANTENNA STRUCTURES Authority: 47 U.S.C. 154 , 301 , 303 , 309 . Subpart A—General Information § 17.1 Basis and purpose. ( a ) The rules in this part are issued pursuant to the authority contained in Title III of the Communications Act of 1934, as amended, which vest authority in the Federal Communications Commission to issue licenses to radio stations when it is found that the public interest, convenience, and necessity would be served thereby, and to require the painting, and/or illumination of antenna structures if and when in its judgment such structures constitute, or there is reasonable possibility that they may constitute, a menace to air navigation. ( b ) The purpose of this part is to prescribe certain procedures for antenna structure registration and standards with respect to the Commission's consideration of proposed antenna structures which will serve as a guide to antenna structure owners. [ 61 FR 4362 , Feb. 6, 1996, as amended at 79 FR 56984 , Sept. 24, 2014] § 17.2 Definitions. ( a ) Antenna structure. The term antenna structure means a structure that is constructed or used to transmit radio energy, or that is constructed or used for the primary purpose of supporting antennas to transmit and/or receive radio energy, and any antennas and other appurtenances mounted thereon, from the time construction of the supporting structure begins until such time as the supporting structure is dismantled. ( b ) Antenna farm area. A geographical location, with established boundaries, designated by the Federal Communications Commission, in which antenna structures with a common impact on aviation may be grouped. ( c ) Antenna structure owner. For the purposes of this part, an antenna structure owner is the individual or entity vested with ownership, equitable ownership, dominion, or title to the antenna structure that is constructed or used to transmit radio energy, or the underlying antenna structure that supports or is intended to support antennas and other appurtenances. Notwithstanding any agreements made between the owner and any entity designated by the owner to maintain the antenna structure, the owner is ultimately responsible for compliance with the requirements of this part. ( d ) Antenna structure registration number. A unique number, issued by the Commission during the registration process, which identifies an antenna structure. Once obtained, this number must be used in all filings related to this structure. [ 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; 79 FR 56984 , Sept. 24, 2014] § 17.4 Antenna structure registration. ( a ) The owner of any proposed or existing antenna structure that requires notice of proposed construction to the Federal Aviation Administration (FAA) due to physical obstruction must register the structure with the Commission. (See § 17.7 for FAA notification requirements.) This includes those structures used as part of stations licensed by the Commission for the transmission of radio energy, or to be used as part of a cable television head end system. If a Federal Government antenna structure is to be used by a Commission licensee, the structure must be registered with the Commission. If the FAA exempts an antenna structure from notification, it is exempt from the requirement that it register with the Commission. (See § 17.7(e) for exemptions to FAA notification requirements.) ( 1 ) For a proposed antenna structure or alteration of an existing antenna structure, the owner must register the structure prior to construction or alteration. ( 2 ) For a structure that did not originally fall under the definition of “antenna structure,” the owner must register the structure prior to hosting a Commission licensee. ( b ) Except as provided in paragraph (e) of this section, each owner of an antenna structure described in paragraph (a) of this section must electronically file FCC Form 854 with the Commission. Additionally, each owner of a proposed structure referred to in paragraph (a) of this section must submit a valid FAA determination of “no hazard.” In order to be considered valid by the Commission, the FAA determination of “no hazard” must not have expired prior to the date on which FCC Form 854 is received by the Commission. The height of the structure will be the highest point of the structure including any obstruction lighting or lightning arrester. If an antenna structure is not required to be registered under paragraph (a) of this section and it is voluntarily registered with the Commission after October 24, 2014, the registrant must note on FCC Form 854 that the registration is voluntary. Voluntarily registered antenna structures are not subject to the lighting and marking requirements contained in this part. ( c ) Each prospective applicant must complete the environmental notification process described in this paragraph, except as specified in paragraph (c)(1) of this section. ( 1 ) Exceptions from the environmental notification process. Completion of the environmental notification process is not required when FCC Form 854 is submitted solely for the following purposes: ( i ) For notification only, such as to report a change in ownership or contact information, or the dismantlement of an antenna structure; ( ii ) For a reduction in height of an antenna structure or an increase in height that does not constitute a substantial increase in size as defined in paragraph I(E)(1)-(3) of appendix B to part 1 of this chapter , provided that there is no construction or excavation more than 30 feet beyond the existing antenna structure property; ( iii ) For removal of lighting from an antenna structure or adoption of a more preferred or equally preferred lighting style. For this purpose lighting styles are ranked as follows (with the most preferred lighting style listed first and the least preferred listed last): no lights; FAA Lighting Styles that do not involve use of red steady lights; and FAA Lighting Styles that involve use of red steady lights. A complete description of each FAA Lighting Style and the manner in which it is to be deployed can be found in the current version of FAA, U.S. Dept. of Transportation, Advisory Circular: Obstruction Marking and Lighting, AC 70/7460; ( iv ) For replacement of an existing antenna structure at the same geographic location that does not require an Environmental Assessment (EA) under § 1.1307(a) through (d) of this chapter , provided the new structure will not use a less preferred lighting style, there will be no substantial increase in size as defined in paragraph I(E)(1)-(3) of appendix B to part 1 of this chapter , and there will be no construction or excavation more than 30 feet beyond the existing antenna structure property; ( v ) For any other change that does not alter the physical structure, lighting, or geographic location of an existing structure; ( vi ) For construction, modification, or replacement of an antenna structure on Federal land where another Federal agency has assumed responsibility for evaluating the potentially significant environmental effect of the proposed antenna structure on the quality of the human environment and for invoking any required environmental impact statement process, or for any other structure where another Federal agency has assumed such responsibilities pursuant to a written agreement with the Commission ( see § 1.1311(e) of this chapter ); or ( vii ) For the construction or deployment of an antenna structure that will: ( A ) Be in place for no more than 60 days, ( B ) Requires notice of construction to the FAA, ( C ) Does not require marking or lighting under FAA regulations, ( D ) Will be less than 200 feet in height above ground level, and ( E ) Will either involve no excavation or involve excavation only where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two feet. An applicant that relies on this exception must wait 30 days after removal of the antenna structure before relying on this exception to deploy another antenna structure covering substantially the same service area. ( 2 ) Commencement of the environmental notification process. The prospective applicant shall commence the environmental notification process by filing information about the proposed antenna structure with the Commission. This information shall include, at a minimum, all of the information required on FCC Form 854 regarding ownership and contact information, geographic location, and height, as well as the type of structure and anticipated lighting. The Wireless Telecommunications Bureau may utilize a partially completed FCC Form 854 to collect this information. ( 3 ) Local notice. The prospective applicant must provide local notice of the proposed new antenna structure or modification of an existing antenna structure through publication in a newspaper of general circulation or other appropriate means, such as through the public notification provisions of the relevant local zoning process. The local notice shall contain all of the descriptive information as to geographic location, configuration, height and anticipated lighting specifications reflected in the submission required pursuant to paragraph (c)(2) of this section. It must also provide information as to the procedure for interested persons to file Requests for environmental processing pursuant to §§ 1.1307(c) and 1.1313(b) of this chapter , including any assigned file number, and state that such Requests may only raise environmental concerns. ( 4 ) National notice. On or after the local notice date provided by the prospective applicant, the Commission shall post notification of the proposed construction on its Web site. This posting shall include the information contained in the initial filing with the Commission or a link to such information. The posting shall remain on the Commission's Web site for a period of 30 days. ( 5 ) Requests for environmental processing. Any Request filed by an interested person pursuant to §§ 1.1307(c) and 1.1313(b) of this chapter must be received by the Commission no later than 30 days after the proposed antenna structure goes on notice pursuant to paragraph (c)(4) of this section. The Wireless Telecommunications Bureau shall establish by public notice the process for filing Requests for environmental processing and responsive pleadings consistent with the following provisions. ( i ) Service and pleading cycle. The interested person or entity shall serve a copy of its Request on the prospective ASR applicant pursuant to § 1.47 of this chapter . Oppositions may be filed no later than 10 days after the time for filing Requests has expired. Replies to oppositions may be filed no later than 5 days after the time for filing oppositions has expired. Oppositions shall be served upon the Requester, and replies shall be served upon the prospective applicant. ( ii ) Content. An Environmental Request must state why the interested person or entity believes that the proposed antenna structure or physical modification of an existing antenna structure may have a significant impact on the quality of the human environment for which an Environmental Assessment must be considered by the Commission as required by § 1.1307 of this chapter , or why an Environmental Assessment submitted by the prospective Antenna Structure Registration (ASR) applicant does not adequately evaluate the potentially significant environmental effects of the proposal. The Request must be submitted as a written petition filed electronically, setting forth in detail the reasons supporting Requester's contentions. If the filer is unable to submit electronically, or if filing electronically would be unreasonably burdensome, the Request may be submitted by mail, with a request for waiver under § 1.1304(b) of this chapter . ( 6 ) Amendments. The prospective applicant must file an amendment to report any substantial change in the information provided to the Commission. An amendment will not require further local or national notice if the only reported change is a reduction in the height of the proposed new or modified antenna structure; if proposed lighting is removed or changed to a more preferred or equally preferred lighting style as set forth in paragraph (c)(1)(iii) of this section; or if the amendment reports only administrative changes that are not subject to the requirements specified in this paragraph. All other changes to the physical structure, lighting, or geographic location data for a proposed registered antenna structure require additional local and national notice and a new period for filing Requests pursuant to paragraphs (c)(3) , (c)(4) , and (c)(5) of this section. ( 7 ) Environmental Assessments. If an Environmental Assessment (EA) is required under § 1.1307 of this chapter , the antenna structure registration applicant shall attach the EA to its environmental submission, regardless of any requirement that the EA also be attached to an associated service-specific license or construction permit application. The contents of an EA are described in §§ 1.1308 and 1.1311 of this chapter . The EA may be provided either with the initial environmental submission or as an amendment. If the EA is submitted as an amendment, the Commission shall post notification on its Web site for another 30 days pursuant to paragraph (c)(4) of this section and accept additional Requests pursuant to paragraph (c)(5) of this section. However, additional local notice pursuant to paragraph (c)(3) of this section shall not be required unless information has changed pursuant to paragraph (c)(6) of this section. The applicant shall serve a copy of the EA upon any party that has previously filed a Request pursuant to paragraph (c)(5) of this section. ( 8 ) Disposition. The processing Bureau shall resolve all environmental issues, in accordance with the environmental regulations ( 47 CFR 1.1301 through 1.1319 ) specified in part 1 of this chapter , before the tower owner, or the first tenant licensee acting on behalf of the owner, may complete the antenna structure registration application. In a case where no EA is submitted, the Bureau shall notify the applicant whether an EA is required under § 1.1307(c) or (d) of this chapter . In a case where an EA is submitted, the Bureau shall either grant a Finding of No Significant Impact (FONSI) or notify the applicant that further environmental processing is required pursuant to § 1.1308 of this chapter . Upon filing the completed antenna structure registration application, the applicant shall certify that the construction will not have a significant environmental impact, unless an Environmental Impact Statement is prepared pursuant to § 1.1314 of this chapter . ( 9 ) Transition rule. An antenna structure registration application that is pending with the Commission as of the effective date of this paragraph (c) shall not be required to complete the environmental notification process set forth in this paragraph. The Commission will publish a document in the Federal Register announcing the effective date. However, if such an application is amended in a manner that would require additional notice pursuant to paragraph (c)(6) of this section, then such notice shall be required. ( d ) If a final FAA determination of “no hazard” is not submitted along with FCC Form 854, processing of the registration may be delayed or disapproved. ( e ) If the owner of the antenna structure cannot file FCC Form 854 because it is subject to a denial of Federal benefits under the Anti-Drug Abuse Act of 1988, 21 U.S.C. 862 , the first tenant licensee authorized to locate on the structure (excluding tenants that no longer occupy the structure) must register the structure electronically using FCC Form 854, and provide a copy of the Antenna Structure Registration (FCC Form 854R) to the owner. The owner remains responsible for providing to all tenant licensees and permittees notification that the structure has been registered, consistent with paragraph (f) of this section, and for posting the registration number as required by paragraph (g) of this section. ( f ) The Commission shall issue to the registrant FCC Form 854R, Antenna Structure Registration, which assigns a unique Antenna Structure Registration Number. The antenna structure owner shall immediately provide to all tenant licensees and permittees notification that the structure has been registered, along with either a copy of Form 854R or the Antenna Structure Registration Number and a link to the FCC antenna structure website: http://wireless.fcc.gov/antenna/ . This notification must be done electronically. ( g ) Except as described in paragraph (h) of this section, the Antenna Structure Registration Number must be displayed so that it is conspicuously visible and legible from the publicly accessible area nearest the base of the antenna structure along the publicly accessible roadway or path. Where an antenna structure is surrounded by a perimeter fence, or where the point of access includes an access gate, the Antenna Structure Registration Number should be posted on the perimeter fence or access gate. Where multiple antenna structures having separate Antenna Structure Registration Numbers are located within a single fenced area, the Antenna Structure Registration Numbers must be posted both on the perimeter fence or access gate and near the base of each antenna structure. If the base of the antenna structure has more than one point of access, the Antenna Structure Registration Number must be posted so that it is visible at the publicly accessible area nearest each such point of access. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen where posted. ( h ) The owner is not required to post the Antenna Structure Registration Number in cases where a federal, state, or local government entity provides written notice to the owner that such a posting would detract from the appearance of a historic landmark. In this case, the owner must make the Antenna Structure Registration Number available to representatives of the Commission, the FAA, and the general public upon reasonable demand. ( i ) Absent Commission specification, the painting and lighting specifications recommended by the FAA are mandatory (see § 17.23 ). However, the Commission may specify painting and/or lighting requirements for each antenna structure registration in addition to or different from those specified by the FAA. ( j ) Any change or correction in the overall height of one foot or greater or coordinates of one second or greater in longitude or latitude of a registered antenna structure requires prior approval from the FAA and modification of the existing registration with the Commission. ( k ) Any change in the marking and lighting that varies from the specifications described on any antenna structure registration requires prior approval from the FAA and the Commission. [ 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 85532 , Dec. 29, 2020] Effective Date Note Effective Date Note: At 80 FR 1270 , Jan. 8, 2015, § 17.4(c)(1)(vii) was added. This paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 17.5 Commission consideration of applications for station authorization. ( a ) Applications for station authorization, excluding services authorized on a geographic basis, are reviewed to determine whether there is a requirement that the antenna structure in question must be registered with the Commission. ( b ) If registration is required, the registrant must supply the structure's registration number upon request by the Commission. ( c ) If registration is not required, the application for authorization will be processed without further regard to this chapter. [ 61 FR 4362 , Feb. 6, 1996] § 17.6 Responsibility for painting and lighting compliance. ( a ) The antenna structure owner is responsible for maintaining the painting and lighting in accordance with this part. However, if a licensee or permittee authorized on an antenna structure is aware that the structure is not being maintained in accordance with the specifications set forth on the Antenna Structure Registration (FCC Form 854R) or the requirements of this part, or otherwise has reason to question whether the antenna structure owner is carrying out its responsibility under this part, the licensee or permittee must take immediate steps to ensure that the antenna structure is brought into compliance and remains in compliance. The licensee must: ( 1 ) Immediately notify the structure owner; ( 2 ) Immediately notify the site management company (if applicable); ( 3 ) Immediately notify the Commission; and, ( 4 ) Make a diligent effort to immediately bring the structure into compliance. ( b ) In the event of non-compliance by the antenna structure owner, the Commission may require each licensee and permittee authorized on an antenna structure to maintain the structure, for an indefinite period, in accordance with the Antenna Structure Registration (FCC Form 854R) and the requirements of this part. ( c ) If the owner of the antenna structure cannot file FCC Form 854 because it is subject to a denial of Federal benefits under the Anti-Drug Abuse Act of 1988, 21 U.S.C. 862 , the first tenant licensee authorized to locate on the structure (excluding tenants that no longer occupy the structure) must electronically register the structure using FCC Form 854, and provide a copy of the Antenna Structure Registration (FCC Form 854R) to the owner. The owner remains responsible for providing to all tenant licensees and permittees notification that the structure has been registered, consistent with § 17.4(f) , and for posting the registration number as required by § 17.4(g) . [ 61 FR 4363 , Feb. 6, 1996, as amended at 79 FR 56985 , Sept. 24, 2014; 85 FR 85532 , Dec. 29, 2020] Subpart B—Federal Aviation Administration Notification Criteria § 17.7 Antenna structures requiring notification to the FAA. A notification to the FAA is required, except as set forth in paragraph (e) of this section, for any of the following construction or alteration: ( a ) Any construction or alteration of more than 60.96 meters (200 feet) in height above ground level at its site. ( b ) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes: ( 1 ) 100 to 1 for a horizontal distance of 6.10 kilometers (20,000 feet) from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway more than 0.98 kilometers (3,200 feet) in actual length, excluding heliports. ( 2 ) 50 to 1 for a horizontal distance of 3.05 kilometers (10,000 feet) from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway no more than 0.98 kilometers (3,200 feet) in actual length, excluding heliports. ( 3 ) 25 to 1 for a horizontal distance of 1.52 kilometers (5,000 feet) from the nearest point of the nearest landing and takeoff area of each heliport described in paragraph (d) of this section. ( c ) When requested by the FAA, any construction or alteration that would be in an instrument approach area (defined in the FAA standards governing instrument approach procedures) and available information indicates it might exceed an obstruction standard of the FAA. ( d ) Any construction or alteration on any of the following airports and heliports: ( 1 ) A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flight Information Publications; ( 2 ) A military airport under construction, or an airport under construction that will be available for public use; ( 3 ) An airport operated by a Federal agency or the United States Department of Defense. ( 4 ) An airport or heliport with at least one FAA-approved instrument approach procedure. ( e ) A notification to the FAA is not required for any of the following construction or alteration: ( 1 ) Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in the congested area of a city, town, or settlement where the shielded structure will not adversely affect safety in air navigation; ( 2 ) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device meeting FAA-approved siting criteria or an appropriate military service siting criteria on military airports, the location and height of which are fixed by its functional purpose; ( 3 ) Any antenna structure of 6.10 meters (20 feet) or less in height, except one that would increase the height of another antenna structure. Note to § 17.7 : Consideration to aeronautical facilities not in existence at the time of the filing of the application for radio facilities will be given only when proposed airport construction or improvement plans are on file with the Federal Aviation Administration as of the filing date of the application for such radio facilities. [ 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 FR 56986 , Sept. 24, 2014] § 17.8 Establishment of antenna farm areas. ( a ) Each antenna farm area will be established by an appropriate rulemaking proceeding, which may be commenced by the Commission on its own motion after consultation with the FAA, upon request of the FAA, or as a result of a petition filed by any interested person. After receipt of a petition from an interested person disclosing sufficient reasons to justify institution of a rulemaking proceeding, the Commission will request the advice of the FAA with respect to the considerations of menace to air navigation in terms of air safety which may be presented by the proposal. The written communication received from the FAA in response to the Commission's request shall be placed in the Commission's public rulemaking file containing the petition, and interested persons shall be allowed a period of 30 days within which to file statements with respect thereto. Such statements shall also be filed with the Administrator of the FAA with proof of such filing to be established in accordance with § 1.47 of this chapter . The Administrator of the FAA shall have a period of 15 days within which to file responses to such statements. If the Commission, upon consideration of the matters presented to it in accordance with the above procedure, is satisfied that establishment of the proposed antenna farm would constitute a menace to air navigation for reasons of air safety, rulemaking proceedings will not be instituted. If rulemaking proceedings are instituted, any person filing comments therein which concern the question of whether the proposed antenna farm will constitute a menace to air navigation shall file a copy of the comments with the Administrator of the FAA. Proof of such filing shall be established in accordance with § 1.47 of this chapter . ( b ) Nothing in this subpart shall be construed to mean that only one antenna farm area will be designated for a community. The Commission will consider on a case-by-case basis whether or not more than one antenna farm area shall be designated for a particular community. [ 32 FR 8813 , June 21, 1967, as amended at 32 FR 13591 , Sept. 28, 1967] § 17.9 Designated antenna farm areas. The areas described in the following paragraphs of this section are established as antenna farm areas [appropriate paragraphs will be added as necessary]. [ 32 FR 8813 , June 21, 1967] § 17.10 Antenna structures over 304.80 meters (1,000 feet) in height. Where one or more antenna farm areas have been designated for a community or communities (see § 17.9 ), the Commission will not accept for filing an application to construct a new station or to increase height or change antenna location of an existing station proposing the erection of an antenna structure over 304.80 meters (1,000 feet) above ground unless: ( a ) It is proposed to locate the antenna structure in a designated antenna farm area, or ( b ) It is accompanied by a statement from the Federal Aviation Administration that the proposed structure will not constitute a menace to air navigation, or ( c ) It is accompanied by a request for waiver setting forth reasons sufficient, if true, to justify such a waiver. [ 32 FR 8813 , June 21, 1967, as amended at 42 FR 54824 , Oct. 11, 1977; 61 FR 4363 , Feb. 6, 1996] §§ 17.14-17.17 [Reserved] Subpart C—Specifications for Obstruction Marking and Lighting of Antenna Structures § 17.21 Painting and lighting, when required. Antenna structures shall be painted and lighted when: ( a ) Their height exceeds any obstruction standard requiring notification to the FAA (see § 17.4(a) and § 17.7 ). ( b ) The Commission may modify the above requirement for painting and/or lighting of antenna structures, when it is shown by the applicant that the absence of such marking would not impair the safety of air navigation, or that a lesser marking requirement would insure the safety thereof. ( c ) An antenna installation is of such a nature that its painting and lighting specifications in accordance with the FAA airspace recommendation are confusing, or endanger rather than assist airmen, or are otherwise inadequate. In these cases, the Commission will specify the type of painting and lighting or other marking to be used for the particular structure. [ 32 FR 11269 , Aug. 3, 1967, as amended at 42 FR 54824 , Oct. 11, 1977; 79 FR 56986 , Sept. 24, 2014] § 17.22 [Reserved] § 17.23 Specifications for painting and lighting antenna structures. Unless otherwise specified by the Commission, each new or altered antenna structure must conform to the FAA's painting and lighting specifications set forth in the FAA's final determination of “no hazard” and the associated FAA study for that particular structure. For purposes of this part, any specifications, standards, and general requirements set forth by the FAA in the structure's determination of “no hazard” and the associated FAA study are mandatory. Additionally, each antenna structure must be painted and lighted in accordance with any painting and lighting requirements prescribed on the antenna structure's registration, or in accordance with any other specifications provided by the Commission. [ 79 FR 56986 , Sept. 24, 2014] § 17.24 Existing structures. No change to painting or lighting criteria or relocation of airports shall at any time impose a new restriction upon any then existing or authorized antenna structure or structures, unless the FAA issues a new determination of “no hazard” and associated FAA study for the particular structure. [ 79 FR 56986 , Sept. 24, 2014] §§ 17.25-17.45 [Reserved] § 17.47 Inspection of antenna structure lights and associated control equipment. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: ( a ) ( 1 ) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly as required; or alternatively, ( 2 ) Shall provide and properly maintain an automatic alarm system designed to detect any failure of such lights and to provide indication of such failure to the owner. ( b ) Shall inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly. ( c ) Is exempt from paragraph (b) of this section for any antenna structure monitored by a system that the Wireless Telecommunications Bureau has determined includes self-diagnostic features sufficient to render quarterly inspections unnecessary, upon certification of use of such system to the Bureau. [ 61 FR 4363 , Feb. 6, 1996, as amended at 79 FR 56986 , Sept. 24, 2014] § 17.48 Notification of extinguishment or improper functioning of lights. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: ( a ) Shall report immediately to the FAA, by means acceptable to the FAA, any observed or otherwise known extinguishment or improper functioning of any top steady burning light or any flashing obstruction light, regardless of its position on the antenna structure, not corrected within 30 minutes. If the lights cannot be repaired within the FAA's Notices to Airmen (NOTAM) period, the owner shall notify the FAA to extend the outage date and report a return-to-service date. The owner shall repeat this process until the lights are repaired. Such reports shall set forth the condition of the light or lights, the circumstances which caused the failure, the probable date for restoration of service, the FCC Antenna Structure Registration Number, the height of the structure (AGL and AMSL if known) and the name, title, address, and telephone number of the person making the report. Further notification to the FAA by means acceptable to the FAA shall be given immediately upon resumption of normal operation of the light or lights. ( b ) An extinguishment or improper functioning of a steady burning side intermediate light or lights, shall be corrected as soon as practicable, but notification to the FAA of such extinguishment or improper functioning is not required. [ 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 FR 56986 , Sept. 24, 2014] § 17.49 Recording of antenna structure light inspections in the owner record. The owner of each antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part must maintain a record of any observed or otherwise known extinguishment or improper functioning of a structure light. This record shall be retained for a period of two years and provided to the FCC or its agents upon request. The record shall include the following information for each such event: ( a ) The nature of such extinguishment or improper functioning. ( b ) The date and time the extinguishment or improper operation was observed or otherwise noted. ( c ) Date and time of FAA notification, if applicable. ( d ) The date, time and nature of adjustments, repairs, or replacements made. [ 48 FR 38477 , Aug. 24, 1983, as amended at 61 FR 4364 , Feb. 6, 1996; 79 FR 56987 , Sept. 24, 2014] § 17.50 Cleaning and repainting. Antenna structures requiring painting under this part shall be cleaned or repainted as often as necessary to maintain good visibility. Evaluation of the current paint status shall be made by using the FAA's In-Service Aviation Orange Tolerance Chart. This chart is based upon the color requirements contained in the National Bureau of Standards Report NBSIR 75-663, Color Requirements for the Marking of Obstructions. [ 79 FR 56987 , Sept. 24, 2014] § 17.51 [Reserved] § 17.53 Lighting equipment and paint. The lighting equipment, color or filters, and shade of paint referred to in the specifications are further defined in the following government and/or Army-Navy aeronautical specifications, bulletins, and drawings (lamps are referred to by standard numbers): Outside white TT-P-102 1 (Color No. 17875, FS-595). Aviation surface orange TT-P-59 1 (Color No. 12197, FS-595). Aviation surface orange, enamel TT-E-489 1 (Color No. 12197, FS-595). Aviation red obstruction light—color MIL-C-25050 2 . Flashing beacons CAA-446 3 Code Beacons, 300 mm. Do MIL-6273 2 . Double and single obstruction light L-810 3 (FAA AC No. 150/5345-2 4 ). Do MIL-L-7830 2 . High intensity white obstruction light FAA/DOD L-856 (FAA AC No. 150/5345-43B 4 ). 116-Watt lamp No. 116 A21/TS (6,000 h). 125-Watt lamp No. 125 A21/TS (6,000 h). 620-Watt lamp No. 620 PS-40 (3,000 h). 700-Watt lamp No. 700 PS-40 (6,000 h). 1 Copies of this specification can be obtained from the Specification Activity, Building 197, Room 301, Naval Weapons Plant, 1st and N Streets, SE., Washington, D.C. 20407. 2 Copies of Military specifications can be obtained by contacting the Commanding Officer, Naval Publications and Forms Center, 5801 Tabor Ave., Attention: NPPC-105, Philadelphia, Pa. 19120. 3 Copies of Federal Aviation Administration specifications may be obtained from the Chief, Configuration Control Branch, AAF-110, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW., Washington, D.C. 20591. 4 Copies of Federal Aviation Administration advisory circulars may be obtained from the Department of Transportation, Publications Section, TAD-443.1, 400 7th St. SW., Washington, D.C. 20590. [ 33 FR 11540 , Aug. 14, 1968, as amended at 40 FR 30267 , July 18, 1975] § 17.54 Rated lamp voltage. To insure the necessary lumen output by obstruction lights, the rated voltage of incandescent lamps used shall correspond to be within 3 percent higher than the voltage across the lamp socket during the normal hours of operation. [ 42 FR 54826 , Oct. 11, 1977] § 17.56 Maintenance of lighting equipment. Replacing or repairing of lights, automatic indicators or automatic control or alarm systems shall be accomplished as soon as practicable. [ 79 FR 56986 , Sept. 24, 2014] § 17.57 Report of radio transmitting antenna construction, alteration, and/or removal. The owner of an antenna structure for which an Antenna Structure Registration Number has been obtained must notify the Commission within 5 days of completion of construction by filing FCC Form 854-R and/or dismantlement by filing FCC Form 854. The owner must also notify the Commission within 5 days of any change in structure height or change in ownership information by filing FCC Form 854. FCC Forms 854 and 854-R, and all related amendments, modifications, and attachments, shall be filed electronically. [ 85 FR 85532 , Dec. 29, 2020] § 17.58 [Reserved]"}}},{"rowIdx":43,"cells":{"file_name":{"kind":"string","value":"title-47_27.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES Authority: 47 U.S.C. 154 , 301 , 302a , 303 , 307 , 309 , 332 , 336 , 337 , 1403 , 1404 , 1451 , and 1452 , unless otherwise noted. Source: 62 FR 9658 , Mar. 3, 1997, unless otherwise noted. Subpart A—General Information § 27.1 Basis and purpose. This section contains the statutory basis for this part of the rules and provides the purpose for which this part is issued. ( a ) Basis. The rules for miscellaneous wireless communications services (WCS) in this part are promulgated under the provisions of the Communications Act of 1934, as amended, that vest authority in the Federal Communications Commission to regulate radio transmission and to issue licenses for radio stations. ( b ) Purpose. This part states the conditions under which spectrum is made available and licensed for the provision of wireless communications services in the following bands. ( 1 ) 2305-2320 MHz and 2345-2360 MHz. ( 2 ) 746-758 MHz, 775-788 MHz, and 805-806 MHz. ( 3 ) 698-746 MHz. ( 4 ) 1390-1392 MHz. ( 5 ) 1392-1395 MHz and 1432-1435 MHz. ( 6 ) 1670-1675 MHz. ( 7 ) 1915-1920 MHz and 1995-2000 MHz. ( 8 ) 1710-1755 MHz and 2110-2155 MHz. ( 9 ) 2495-2690 MHz. ( 10 ) 2000-2020 MHz and 2180-2200 MHz. ( 11 ) 1695-1710 MHz. ( 12 ) 1755-1780 MHz. ( 13 ) 2155-2180 MHz. ( 14 ) 617-652 MHz and 663-698 MHz. ( 15 ) 3700-3980 MHz. ( 16 ) 897.5-900.5 MHz and 936.5-939.5 MHz. ( 17 ) 3450-3550 MHz. ( c ) Scope. The rules in this part apply only to stations authorized under this part or authorized under another part of this chapter on frequencies or bands transitioning to authorizations under this part. [ 62 FR 9658 , Mar. 3, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.1 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.2 Permissible communications. ( a ) Miscellaneous wireless communications services. Except as provided in paragraph (b) or (d) of this section and subject to technical and other rules contained in this part, a licensee in the frequency bands specified in § 27.5 may provide any services for which its frequency bands are allocated, as set forth in the non-Federal Government column of the Table of Allocations in § 2.106 of this chapter (column 5). ( b ) 775-776 MHz and 805-806 MHz bands. Operators in the 775-776 MHz and 805-806 MHz bands may not employ a cellular system architecture. A cellular system architecture is defined, for purposes of this part, as one that consists of many small areas or cells (segmented from a larger geographic service area), each of which uses its own base station, to enable frequencies to be reused at relatively short distances. ( c ) Satellite DARS. Satellite digital audio radio service (DARS) may be provided using the 2310-2320 and 2345-2360 MHz bands. Satellite DARS service shall be provided in a manner consistent with part 25 of this chapter . ( d ) 2000-2020 MHz and 2180-2200 MHz bands. Operators in the 2000-2020 MHz and 2180-2200 MHz bands may not provide the mobile-satellite service under the provisions of this part; rather, mobile-satellite service shall be provided in a manner consistent with part 25 of this chapter . ( e ) 716-722 MHz and 722-728 MHz bands. The 716-722 and 722-728 MHz frequencies may not be used for uplink transmission and must be used only for downlink transmissions. [ 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 FR 66316 , Nov. 5, 2013] § 27.3 Other applicable rule parts. Other FCC rule parts applicable to the Wireless Communications Service include the following: ( a ) Part 0. This part describes the Commission's organization and delegations of authority. Part 0 of this chapter also lists available Commission publications, standards and procedures for access to Commission records, and location of Commission Field Offices. ( b ) 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 concerning violation notices and forfeiture proceedings; competitive bidding procedures; and the environmental requirements that, together with the procedures specified in § 17.4(c) of this chapter , if applicable, must be complied with prior to the initiation of construction. Subpart F includes the rules for the Wireless Telecommunications Services and the procedures for filing electronically via the ULS. ( c ) Part 2. This part contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contains standards and procedures concerning the marketing and importation of radio frequency devices, and for obtaining equipment authorization. ( d ) Part 5. This part contains rules prescribing the manner in which parts of the radio frequency spectrum may be made available for experimentation. ( e ) Part 15. This part sets forth the requirements and conditions applicable to certain radio frequency devices. ( f ) Part 17. This part contains requirements for the construction, marking and lighting of antenna towers, and the environmental notification process that must be completed before filing certain antenna structure registration applications. ( g ) Part 20. This part sets forth the requirements and conditions applicable to commercial mobile radio service providers. ( h ) Part 22. This part sets forth the requirements and conditions applicable to public mobile services. ( i ) Part 24. This part sets forth the requirements and conditions applicable to personal communications services. ( j ) Part 25. This part contains the requirements for satellite communications, including satellite DARS. ( k ) Part 51. This part contains general duties of telecommunications carriers to provide for interconnection with other telecommunications carriers. ( l ) Part 64. This part sets forth the requirements and conditions applicable to telecommunications carriers under the Communications Assistance for Law Enforcement Act. ( m ) Part 68. This part contains technical standards for connection of terminal equipment to the telephone network. ( n ) Part 73. This part sets forth the requirements and conditions applicable to radio broadcast services. ( o ) Part 74. This part sets forth the requirements and conditions applicable to experimental radio, auxiliary, special broadcast and other program distributional services. ( p ) Part 90. This part sets forth the requirements and conditions applicable to private land mobile radio services. ( q ) Part 101. This part sets forth the requirements and conditions applicable to fixed microwave services. [ 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 5714 , Feb. 6, 2004; 69 FR 72031 , Dec. 10, 2004; 70 FR 61059 , Oct. 20, 2005; 77 FR 3955 , Jan. 26, 2012] § 27.4 Terms and definitions. 3.45 GHz Service. A radiocommunication service licensed under this part for the frequency bands specified in § 27.5(o) (3450-3550 MHz band). 3.7 GHz Service. A radiocommunication service licensed under this part for the frequency bands specified in § 27.5(m) (3700-3980 MHz band). 600 MHz service. A radiocommunication service licensed pursuant to this part for the frequency bands specified in § 27.5(l) . Advanced Wireless Service (AWS). A radiocommunication service licensed pursuant to this part for the frequency bands specified in § 27.5(h) , 27.5(j) , or 27.5(k) . Affiliate. This term shall have the same meaning as that for “affiliate” in part 1, § 1.2110(b)(5) of this chapter . Assigned frequency. The center of the frequency band assigned to a station. Attended operation. Operation of a station by a designated person on duty at the place where the transmitting apparatus is located with the transmitter in the person's plain view. Authorized bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is normally considered to be the necessary or occupied bandwidth, whichever is greater. Average terrain. The average elevation of terrain between 3 and 16 kilometers from the antenna site. Base station. A land station in the land mobile service. Booster service area. A geographic area to be designated by an applicant for a booster station, within which the booster station shall be entitled to protection against interference as set forth in this part. The booster service area must be specified by the applicant so as not to overlap the booster service area of any other booster authorized to or proposed by the applicant. However, a booster station may provide service to receive sites outside of its booster service area, at the licensee's risk of interference. The booster station must be capable of providing substantial service within the designated booster service area. Broadband Radio Service (BRS). A radio service using certain frequencies in the 2150-2162 and 2496-2690 MHz bands which can be used to provide fixed and mobile services, except for aeronautical services. Broadcast services. This term shall have the same meaning as that for “broadcasting” in section 3(6) of the Communications Act of 1934, i.e., “the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.” 47 U.S.C. 153(6) . Commence operations. A 600 MHz Band licensee is deemed to commence operations when it begins pre-launch site activation and commissioning tests using permanent base station equipment, antennas and/or tower locations as part of its site and system optimization in the area of its planned commercial service infrastructure deployment. Documented complaint. A complaint that a party is suffering from non-consensual interference. A documented complaint must contain a certification that the complainant has contacted the operator of the allegedly offending facility and tried to resolve the situation prior to filing. The complaint must then specify the nature of the interference, whether the interference is constant or intermittent, when the interference began and the site(s) most likely to be causing the interference. The complaint should be accompanied by a videotape or other evidence showing the effects of the interference. The complaint must contain a motion for a temporary order to have the interfering station cease transmitting. The complaint must be filed with the Secretary's office and served on the allegedly offending party. Educational Broadband Service (EBS). A radiocommunication service licensed under this part for the frequency bands specified in § 27.5(i) . Effective Radiated Power (ERP) (in a given direction). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. Equivalent Isotropically Radiated Power (EIRP). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Fixed service. A radio communication service between specified fixed points. Fixed station. A station in the fixed service. Land mobile service. A mobile service between base stations and land mobile stations, or between land mobile stations. Land mobile station. A mobile station in the land mobile service capable of surface movement within the geographic limits of a country or continent. Land station. A station in the mobile service not intended to be used while in motion. Lower Band Segment (LBS). Segment of the BRS/EBS band consisting of channels in the frequencies 2496-2572 MHz. Middle Band Segment (MBS). Segment of the BRS/EBS band consisting of channels in the frequencies 2572-2614 MHz. Mobile service. A radio communication service between mobile and land stations, or between mobile stations. Mobile station. A station in the mobile service intended to be used while in motion or during halts at unspecified points. National Geodetic Reference System (NGRS). The name given to all geodetic control data contained in the National Geodetic Survey (NGS) data base. (Source: National Geodetic Survey, U.S. Department of Commerce) Point-to-point Broadband station. A Broadband station that transmits a highly directional signal from a fixed transmitter location to a fixed receive location. Portable device. Transmitters designed to be used within 20 centimeters of the body of the user. Post-auction transition period. The 39-month period commencing upon the public release of the Channel Reassignment Public Notice as defined in § 73.3700(a) of this chapter . Public Safety Broadband Licensee. The licensee of the Public Safety Broadband License in the 763-768 MHz and 793-798 MHz bands. Radiodetermination. The determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to these parameters, by means of the propagation properties of radio waves. Radiolocation. Radiodetermination used for purposes other than those of radionavigation. Radiolocation land station. A station in the radiolocation service not intended to be used while in motion. Radiolocation mobile station. A station intended to be used while in motion or during halts at unspecified points. Radionavigation. Radiodetermination used for the purpose of navigation, including obstruction warning. Remote control. Operation of a station by a designated person at a control position from which the transmitter is not visible but where suitable control and telemetering circuits are provided which allow the performance of the essential functions that could be performed at the transmitter. Satellite Digital Audio Radio Service (satellite DARS). A radiocommunication service in which compact disc quality programming is digitally transmitted by one or more space stations. Sectorization. The use of an antenna system at any broadband station, booster station and/or response station hub that is capable of simultaneously transmitting multiple signals over the same frequencies to different portions of the service area and/or simultaneously receiving multiple signals over the same frequencies from different portions of the service area. Spectrum Act. The term Spectrum Act means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ). Studio to transmitter link (STL). A directional path used to transmit a signal from a station's studio to its transmitter. Temporary fixed broadband station. A broadband station used for the transmission of material from temporary unspecified points to a broadband station. Time division multiple access (TDMA). A multiple access technique whereby users share a transmission medium by being assigned and using (one-at-a-time) for a limited number of time division mulitplexed channels; implies that several transmitters use one channel for sending several bit streams. Time division multiplexing (TDM). A multiplexing technique whereby two or more channels are derived from a transmission medium by dividing access to the medium into sequential intervals. Each channel has access to the entire bandwidth of the medium during its interval. This implies that one transmitter uses one channel to send several bit streams of information. Unattended operation. Operation of a station by automatic means whereby the transmitter is turned on and off and performs its functions without attention by a designated person. Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. Upper 700 MHz D Block license. The Upper 700 MHz D Block license is the nationwide license associated with the 758-763 MHz and 788-793 MHz bands. Upper Band Segment (UBS). Segment of the BRS/EBS band consisting of channels in the frequencies 2614-2690 MHz Wireless communications service. A radiocommunication service licensed pursuant to this part for the frequency bands specified in § 27.5 . [ 62 FR 9658 , Mar. 3, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.4 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.5 Frequencies. ( a ) 2305-2320 MHz and 2345-2360 MHz bands. The following frequencies are available for WCS in the 2305-2320 MHz and 2345-2360 MHz bands: ( 1 ) Two paired channel blocks are available for assignment on a Major Economic Area basis as follows: Block A: 2305-2310 and 2350-2355 MHz; and Block B: 2310-2315 and 2355-2360 MHz. ( 2 ) Two unpaired channel blocks are available for assignment on a Regional Economic Area Grouping basis as follows: Block C: 2315-2320 MHz; and Block D: 2345-2350 MHz. ( b ) 746-758 MHz, 775-788 MHz, and 805-806 MHz bands. The following frequencies are available for licensing pursuant to this part in the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands: ( 1 ) Two paired channels of 1 megahertz each are available for assignment in Block A in the 757-758 MHz and 787-788 MHz bands. ( 2 ) Two paired channels of 1 megahertz each are available for assignment in Block B in the 775-776 MHz and 805-806 MHz bands. ( 3 ) Two paired channels of 11 megahertz each are available for assignment in Block C in the 746-757 MHz and 776-787 MHz bands. In the event that no licenses for two channels in this Block C are assigned based on the results of the first auction in which such licenses were offered because the auction results do not satisfy the applicable reserve price, the spectrum in the 746-757 MHz and 776-787 MHz bands will instead be made available for assignment at a subsequent auction as follows: ( i ) Two paired channels of 6 megahertz each available for assignment in Block C1 in the 746-752 MHz and 776-782 MHz bands. ( ii ) Two paired channels of 5 megahertz each available for assignment in Block C2 in the 752-757 MHz and 782-787 MHz bands. ( c ) 698-746 MHz band. The following frequencies are available for licensing pursuant to this part in the 698-746 MHz band: ( 1 ) Three paired channel blocks of 12 megahertz each are available for assignment as follows: Block A: 698-704 MHz and 728-734 MHz; Block B: 704-710 MHz and 734-740 MHz; and Block C: 710-716 MHz and 740-746 MHz. ( 2 ) Two unpaired channel blocks of 6 megahertz each are available for assignment as follows: Block D: 716-722 MHz; and Block E: 722-728 MHz. ( d ) 1390-1392 MHz band. The 1390-1392 MHz band is available for assignment on a Major Economic Area basis. ( e ) The paired 1392-1395 and 1432-1435 MHz bands. The paired 1392-1395 MHz and 1432-1435 MHz bands are available for assignment on an Economic Area Grouping basis as follows: Block A: 1392-1393.5 MHz and 1432-1433.5 MHz; and Block B: 1393.5-1395 MHz and 1433.5-1435 MHz. ( f ) 1670-1675 MHz band. The 1670-1675 MHz band is available for assignment on a nationwide basis. ( g ) [Reserved] ( h ) 1710-1755 MHz, 2110-2155 MHz, 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands. The following frequencies are available for licensing pursuant to this part in the 1710-1755 MHz, 2110-2155 MHz, 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands: ( 1 ) Four paired channel blocks of 10 megahertz each are available for assignment as follows: Block A: 1710-1720 MHz and 2110-2120 MHz; Block B: 1720-1730 MHz and 2120-2130 MHz; Block F: 1745-1755 MHz and 2145-2155 MHz; and Block J: 1770-1780 MHz and 2170-2180 MHz. ( 2 ) Six paired channel blocks of 5 megahertz each are available for assignment as follows: Block C: 1730-1735 MHz and 2130-2135 MHz; Block D: 1735-1740 MHz and 2135-2140 MHz; Block E: 1740-1745 MHz and 2140-2145 MHz; Block G: 1755-1760 MHz and 2155-2160 MHz; Block H: 1760-1765 MHz and 2160-2165 MHz; and Block I: 1765-1770 MHz and 2165-2170 MHz. ( 3 ) One unpaired block of 5 megahertz and one unpaired block of 10 megahertz each are available for assignment as follows: Block A1: 1695-1700 MHz Block B1: 1700-1710 MHz. Note to paragraph ( h ). Licenses to operate in the 1695-1710 MHz and 1755-1780 MHz bands are subject to the condition that the licensee must not cause harmful interference to an incumbent Federal entity relocating from these bands under an approved Transition Plan. This condition remains in effect until NTIA terminates the applicable authorization of the incumbent Federal entity. ( i ) Frequency assignments for the BRS/EBS band. ( 1 ) Pre-transition frequency assignments. BRS Channel 1: 2150-2156 MHz or 2496-2500 MHz BRS Channel 2: 2156-2162 MHz or 2686-2690 MHz BRS Channel 2A: 2156-2160 MHz EBS Channel A1: 2500-2506 MHz EBS Channel B1: 2506-2512 MHz EBS Channel A2: 2512-2518 MHz EBS Channel B2: 2518-2524 MHz EBS Channel A3: 2524-2530 MHz EBS Channel B3: 2530-2536 MHz EBS Channel A4: 2536-2542 MHz EBS Channel B4: 2542-2548 MHz EBS Channel C1: 2548-2554 MHz EBS Channel D1: 2554-2560 MHz EBS Channel C2: 2560-2566 MHz EBS Channel D2: 2566-2572 MHz EBS Channel C3: 2572-2578 MHz EBS Channel D3: 2578-2584 MHz EBS Channel C4: 2584-2590 MHz EBS Channel D4: 2590-2596 MHz BRS Channel E1: 2596-2602 MHz BRS Channel F1: 2602-2608 MHz BRS Channel E2: 2608-2614 MHz BRS Channel F2: 2614-2620 MHz BRS Channel E3: 2620-2626 MHz BRS Channel F3: 2626-2632 MHz BRS Channel E4: 2632-2638 MHz BRS Channel F4: 2638-2644 MHz EBS Channel G1: 2644-2650 MHz BRS Channel H1: 2650-2656 MHz EBS Channel G2: 2656-2662 MHz BRS Channel H2: 2662-2668 MHz EBS Channel G3: 2668-2674 MHz BRS Channel H3: 2674-2680 MHz EBS Channel G4: 2680-2686 MHz I Channels: 2686-2690 MHz ( 2 ) Post transition frequency assignments. The frequencies available in the Broadband Radio Service (BRS) and Educational Broadband Service (EBS) are listed in this section in accordance with the frequency allocations table of § 2.106 of this chapter . ( i ) Lower Band Segment (LBS): The following channels shall constitute the Lower Band Segment: BRS Channel 1: 2496-2502 MHz or 2150-2156 MHz EBS Channel A1: 2502-2507.5 MHz EBS Channel A2: 2507.5-2513 MHz EBS Channel A3: 2513-2518.5 MHz EBS Channel B1: 2518.5-2524 MHz EBS Channel B2: 2524-2529.5 MHz EBS Channel B3: 2529.5-2535 MHz EBS Channel C1: 2535-2540.5 MHz EBS Channel C2: 2540.5-2546 MHz EBS Channel C3: 2546-2551.5 MHz EBS Channel D1: 2551.5-2557 MHz EBS Channel D2: 2557-2562.5 MHz EBS Channel D3: 2562.5-2568 MHz EBS Channel JA1: 2568.00000-2568.33333 MHz EBS Channel JA2: 2568.33333-2568.66666 MHz EBS Channel JA3: 2568.66666-2569.00000 MHz EBS Channel JB1: 2569.00000-2569.33333 MHz EBS Channel JB2: 2569.33333-2569.66666 MHz EBS Channel JB3: 2569.66666-2570.00000 MHz EBS Channel JC1: 2570.00000-2570.33333 MHz EBS Channel JC2: 2570.33333-2570.66666 MHz EBS Channel JC3: 2570.66666-2571.00000 MHz EBS Channel JD1: 2571.00000-2571.33333 MHz EBS Channel JD2: 2571.33333-2571.66666 MHz EBS Channel JD3: 2571.66666-2572.00000 MHz ( ii ) Middle Band Segment (MBS): The following channels shall constitute the Middle Band Segment: EBS Channel A4: 2572-2578 MHz EBS Channel B4: 2578-2584 MHz EBS Channel C4: 2584-2590 MHz EBS Channel D4: 2590-2596 MHz EBS Channel G4: 2596-2602 MHz BRS/EBS Channel F4: 2602-2608 MHz BRS/EBS Channel E4: 2608-2614 MHz ( iii ) Upper Band Segment (UBS): The following channels shall constitute the Upper Band Segment: BRS Channel KH1: 2614.00000-2614.33333 MHz. BRS Channel KH2: 2614.33333-2614.66666 MHz. BRS Channel KH3: 2614.66666-2615.00000 MHz. EBS Channel KG1: 2615.00000-2615.33333 MHz. EBS Channel KG2: 2615.33333-2615.66666 MHz. EBS Channel KG3: 2615.66666-2616.00000 MHz. BRS Channel KF1: 2616.00000-2616.33333 MHz. BRS Channel KF2: 2616.33333-2616.66666 MHz. BRS Channel KF3: 2616.66666-2617.00000 MHz. BRS Channel KE1: 2617.00000-2617.33333 MHz. BRS Channel KE2: 2617.33333-2617.66666 MHz. BRS Channel KE3: 2617.66666-2618.00000 MHz. BRS Channel 2: 2618-2624 MHz or 2156-2162 MHz. BRS Channel 2A: 2618-2624 MHz or 2156-2160 MHz. BRS/EBS Channel E1: 2624-2629.5 MHz. BRS/EBS Channel E2: 2629.5-2635 MHz. BRS/EBS Channel E3: 2635-2640.5 MHz. BRS/EBS Channel F1: 2640.5-2646 MHz. BRS/EBS Channel F2: 2646-2651.5 MHz. BRS/EBS Channel F3: 2651.5-2657 MHz. BRS Channel H1: 2657-2662.5 MHz. BRS Channel H2: 2662.5-2668 MHz. BRS Channel H3: 2668-2673.5 MHz. EBS Channel G1: 2673.5-2679 MHz. EBS Channel G2: 2679-2684.5 MHz. EBS Channel G3: 2684.5-2690 MHz. Note to paragraph ( i )(2): No 125 kHz channels are provided for channels in operation in this service. The 125 kHz channels previously associated with these channels have been reallocated to Channel G3 in the upper band segment. ( 3 ) [Reserved] ( 4 ) A temporary fixed broadband station may use any available broadband channel on a secondary basis, except that operation of temporary fixed broadband stations is not allowed within 56.3 km (35 miles) of Canada. ( 5 ) ( i ) A point-to-point EBS station on the E and F-channel frequencies, may be involuntarily displaced by a BRS applicant or licensee, provided that suitable alternative spectrum is available and that the BRS entity bears the expenses of the migration. Suitability of spectrum will be determined on a case-by-base basis; at a minimum, the alternative spectrum must be licensable by broadband operators on a primary basis (although it need not be specifically allocated to the broadband service), and must provide a signal that is equivalent to the prior signal in picture quality and reliability, unless the broadband licensee will accept an inferior signal. Potential expansion of the BRS licensee may be considered in determining whether alternative available spectrum is suitable. ( ii ) If suitable alternative spectrum is located pursuant to paragraph (h)(6)(i) of this section, the initiating party must prepare and file the appropriate application for the new spectrum, and must simultaneously serve a copy of the application on the EBS licensee to be moved. The initiating party will be responsible for all costs connected with the migration, including purchasing, testing and installing new equipment, labor costs, reconfiguration of existing equipment, administrative costs, legal and engineering expenses necessary to prepare and file the migration application, and other reasonable documented costs. The initiating party must secure a bond or establish an escrow account to cover reasonable incremental increase in ongoing expenses that may fall upon the migrated licensee. The bond or escrow account should also account for the possibility that the initiating party subsequently becomes bankrupt. If it becomes necessary for the Commission to assess the sufficiency of a bond or escrow amount, it will take into account such factors as projected incremental increase in electricity or maintenance expenses, or relocation expenses, as relevant in each case. ( iii ) The EBS licensee to be moved will have a 60-day period in which to oppose the involuntary migration. The broadband party should state its opposition to the migration with specificity, including engineering and other challenges, and a comparison of the present site and the proposed new site. If involuntary migration is granted, the new facilities must be operational before the initiating party will be permitted to begin its new or modified operations. The migration must not disrupt the broadband licensee's provision of service, and the broadband licensee has the right to inspect the construction or installation work. ( j ) 2000-2020 MHz and 2180-2200 MHz bands. The following frequencies are available for licensing pursuant to this part in the 2000-2020 MHz and 2180-2200 MHz (AWS-4) bands: ( 1 ) Two paired channel blocks of 10 megahertz each are available for assignment as follows: Block A: 2000-2010 MHz and 2180-2190 MHz; and Block B: 2010-2020 MHz and 2190-2200 MHz. ( 2 ) [Reserved] ( k ) 1915-1920 MHz and 1995-2000 MHz bands. The paired 1915-1920 MHz and 1995-2000 MHz bands are available for assignment on an Economic Area (EA) basis. ( l ) 600 MHz band. The 600 MHz band (617-652 MHz and 663-698 MHz) has seven pairs of 5 megahertz channel blocks available for assignment on a Partial Economic Area basis as follows: Block A: 617-622 MHz and 663-668 MHz; Block B: 622-627 MHz and 668-673 MHz; Block C: 627-632 MHz and 673-678 MHz; Block D: 632-637 MHz and 678-683 MHz; Block E: 637-642 MHz and 683-688 MHz; Block F: 642-647 MHz and 688-693 MHz; and Block G: 647-652 MHz and 693-698 MHz. ( m ) 3700-3980 MHz band. The 3.7 GHz Service is comprised of Block A (3700-3800 MHz); Block B (3800-3900 MHz); and Block C (3900-3980 MHz). These blocks are licensed as 14 individual 20 megahertz sub-blocks available for assignment in the contiguous United States on a Partial Economic Area basis, see § 27.6(m) , as follows: ( n ) 900 MHz broadband. The paired 897.5-900.5 MHz and 936.5-939.5 MHz bands are available for assignment on a geographic basis. For operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands (designated as Channels 120-360 in section 90.613 of this chapter ), no new applications will be accepted in transitioned markets for narrowband systems under part 90, subpart S of this chapter . ( o ) 3450-3550 MHz band. The 3.45 GHz Service is licensed as ten individual 10 megahertz blocks available for assignment in the contiguous United States on a Partial Economic Area basis, see § 27.6(n) . [ 62 FR 9658 , Mar. 3, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.5 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.6 Service areas. ( a ) Composition of service areas. WCS service areas include Economic Areas (EAs), Major Economic Areas (MEAs), Regional Economic Area Groupings (REAGs), cellular markets comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs), and a nationwide area. MEAs and REAGs are defined in the Table immediately following paragraph (a)(1) of this section. Both MEAs and REAGs are based on the U.S. Department of Commerce's EAs. See 60 FR 13114 (March 10, 1995). In addition, the Commission shall separately license Guam and the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands, American Samoa, and the Gulf of Mexico, which have been assigned Commission-created EA numbers 173-176, respectively. The nationwide area is composed of the contiguous 48 states, Alaska, Hawaii, the Gulf of Mexico, and the U.S. territories. Maps of the EAs, MEAs, MSAs, RSAs, and REAGs are available on the FCC's website at www.fcc.gov/auctions through the “Maps” submenu. ( 1 ) The 52 MEAs are composed of one or more EAs and the 12 REAGs are composed of one or more MEAs, as defined in the table below: REAGs MEAs EAs 1 (Northeast) 1 (Boston) 1-3. 2 (New York City) 4-7, 10. 3 (Buffalo) 8. 4 (Philadelphia) 11-12. 2 (Southeast) 5 (Washington) 13-14. 6 (Richmond) 15-17, 20. 7 (Charlotte-Greensboro-Greenville-Raleigh) 18-19, 21-26, 41-42, 46. 8 (Atlanta) 27-28, 37-40, 43. 9 (Jacksonville) 29, 35. 10 (Tampa-St. Petersburg-Orlando) 30, 33-34. 11 (Miami) 31-32. 3 (Great Lakes) 12 (Pittsburgh) 9, 52-53. 13 (Cincinnati-Dayton) 48-50. 14 (Columbus) 51. 15 (Cleveland) 54-55. 16 (Detroit) 56-58, 61-62. 17 (Milwaukee) 59-60, 63, 104-105, 108. 18 (Chicago) 64-66, 68, 97, 101. 19 (Indianapolis) 67. 20 (Minneapolis-St. Paul) 106-107, 109-114, 116. 21 (Des Moines-Quad Cities) 100, 102-103, 117. 4 (Mississippi Valley) 22 (Knoxville) 44-45. 23 (Louisville-Lexington-Evansville) 47, 69-70, 72. 24 (Birmingham) 36, 74, 78-79. 25 (Nashville) 71. 26 (Memphis-Jackson) 73, 75-77. 27 (New Orleans-Baton Rouge) 80-85. 28 (Little Rock) 90-92, 95. 29 (Kansas City) 93, 99, 123. 30 (St. Louis) 94, 96, 98. 5 (Central) 31 (Houston) 86-87, 131. 32 (Dallas-Fort Worth) 88-89, 127-130, 135, 137-138. 33 (Denver) 115, 140-143. 34 (Omaha) 118-121. 35 (Wichita) 122. 36 (Tulsa) 124. 37 (Oklahoma City) 125-126. 38 (San Antonio) 132-134. 39 (El Paso-Albuquerque) 136, 139, 155-157. 40 (Phoenix) 154, 158-159. 6 (West) 41 (Spokane-Billings) 144-147, 168. 42 (Salt Lake City) 148-150, 152. 43 (San Francisco-Oakland-San Jose) 151, 162-165. 44 (Los Angeles-San Diego) 153, 160-161. 45 (Portland) 166-167. 46 (Seattle) 169-170. 7 (Alaska) 47 (Alaska) 171. 8 (Hawaii) 48 (Hawaii) 172. 9 (Guam and the Northern Mariana Islands) 49 (Guam and the Northern Mariana Islands) 173. 10 (Puerto Rico and U.S. Virgin Islands) 50 (Puerto Rico and U.S. Virgin Islands) 174. 11 (American Samoa) 51 (American Samoa) 175. 12 (Gulf of Mexico) 52 (Gulf of Mexico) 176. ( 2 ) The Gulf of Mexico EA extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. ( b ) 746-758 MHz, 775-788 MHz, and 805-806 MHz bands. WCS service areas for the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands are as follows. ( 1 ) Service areas for Block A in the 757-758 MHz and 787-788 MHz bands and Block B in the 775-776 MHz and 805-806 MHz bands are based on Major Economic Areas (MEAs), as defined in paragraphs (a)(1) and (a)(2) of this section. ( 2 ) Service areas for Block C in the 746-757 MHz and 776-787 MHz bands are based on Regional Economic Area Groupings (REAGs) as defined by paragraph (a) of this section. In the event that no licenses with respect to service areas for Block C in the 746-757 MHz and 776-787 MHz bands are assigned based on the results of the first auction in which such licenses are offered because the auction results do not satisfy the applicable reserve price, then service areas for the spectrum at 746-757 MHz and 776-787 MHz will instead be available for assignment as follows: ( i ) Service areas for Block C1 in the 746-752 MHz and 776-782 MHz bands are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( ii ) Service areas for Block C2 in the 752-757 MHz and 782-787 MHz bands are based on Regional Economic Area Groupings (REAGs) as defined by paragraph (a) of this section. ( c ) 698-746 MHz band. WCS service areas for the 698-746 MHz band are as follows: ( 1 ) Service areas for Block A in the 698-704 MHz and 728-734 MHz bands and Block E in the 722-728 MHz band are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( 2 ) Service areas for Block B in the 704-710 MHz and 734-740 MHz bands and Block C in the 710-716 MHz and 740-746 MHz bands are based on cellular markets comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs) as defined by Public Notice Report No. CL-92-40 “Common Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and Counties,” dated January 24, 1992, DA 92-109, 7 FCC Rcd 742 (1992), with the following modifications: ( i ) The service areas of cellular markets that border the U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. ( ii ) The service area of cellular market 306 that comprises the water area of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. ( 3 ) Service areas for Block D in the 716-722 MHz band are based on Economic Area Groupings (EAGs) as defined by the Federal Communications Commission. See 62 FR 15978 (April 3, 1997) extended with the Gulf of Mexico. See also paragraphs (a)(1) and (2) of this section and 62 FR 9636 (March 3, 1997), in which the Commission created an additional four economic area-like areas for a total of 176. Maps of the EAGs and the Federal Register Notice that established the 172 Economic Areas (EAs) are available for public inspection through the Federal Communications Commission's Reference Information Center. These maps and data are also available on the FCC website at https://www.fcc.gov/oet/info/maps/areas/ . ( i ) There are 6 EAGs, which are composed of multiple EAs as defined in the table below: Economic area groupings Name Economic areas EAG001 Northeast 1-11, 54. EAG002 Mid-Atlantic 12-26, 41, 42, 44-53, 70. EAG003 Southeast 27-40, 43, 69, 71-86, 88-90, 95, 96, 174, 176 (part). EAG004 Great Lakes 55-68, 97, 100-109. EAG005 Central/Mountain 87, 91-94, 98, 99, 110-146, 148, 149, 152, 154-159, 176 (part). EAG006 Pacific 147, 150, 151, 153, 160-173, 175. Note 1 to paragraph ( c )(3)( i ): Economic Area Groupings are defined by the Federal Communications Commission; see 62 FR 15978 (April 3, 1997) extended with the Gulf of Mexico. Note 2 to paragraph ( c )(3)( i ): Economic Areas are defined by the Regional Economic Analysis Division, Bureau of Economic Analysis, U.S. Department of Commerce February 1995 and extended by the Federal Communications Commission, see 62 FR 9636 (March 3, 1997). ( ii ) For purposes of paragraph (c)(3)(i) of this section, EA 176 (the Gulf of Mexico) will be divided between EAG003 (the Southeast EAG) and EAG005 (the Central/Mountain EAG) in accordance with the configuration of the Eastern/Central and Western Planning Area established by the Mineral Management Services Bureau of the Department of the Interior (MMS). That portion of EA 176 contained in the Eastern and Central Planning Areas as defined by MMS will be included in EAG003; that portion of EA 176 contained in the Western Planning Area as defined by MMS will be included in EAG005. Maps of these areas may be found on the MMS Web site: http://www.gomr.mms.gov/homepg/offshore/offshore.html . ( d ) 1390-1392 MHz band. Service areas for the 1390-1392 MHz band is based on Major Economic Areas (MEAs), as defined in paragraphs (a)(1) and (a)(2) of this section. ( e ) The paired 1392-1395 and 1432-1435 MHz bands. Service areas for the paired 1392-1395 and 1432-1435 MHz bands are as follows. Service areas for Block A in the 1392-1393.5 MHz and 1432-1433.5 MHz bands and Block B in the 1393.5-1395 MHz and 1433.5-1435 MHz bands are based on Economic Area Groupings (EAGs) as defined in paragraph (c)(3) of this section. ( f ) 1670-1675 MHz band. Service areas for the 1670-1675 MHz band are available on a nationwide basis. ( g ) [Reserved] ( h ) 1710-1755 and 2110-2155 MHz bands. AWS service areas for the 1710-1755 MHz and 2110-2155 MHz bands are as follows: ( 1 ) Service areas for Block A (1710-1720 MHz and 2110-2120 MHz) are based on cellular markets comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs) as defined by Public Notice Report No. CL-92-40 “Common Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and Counties,” dated January 24, 1992, DA 92-109, 7 FCC Rcd 742 (1992), with the following modifications: ( i ) The service areas of cellular markets that border the U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. ( ii ) The service area of cellular market 306 that comprises the water area of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. ( 2 ) Service areas for Blocks B (1720-1730 MHz and 2120-2130 MHz) and C (1730-1735 MHz and 2130-2135 MHz) are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( 3 ) Service areas for blocks D (1735-1740 MHz and 2135-2140 MHz), E (1740-1745 MHz and 2140-2145 MHz) and F (1745-1755 MHz and 2145-2155 MHz) are based on Regional Economic Area Groupings (REAGs) as defined by paragraph (a) of this section. ( i ) 2000-2020 MHz and 2180-2200 MHz bands. AWS service areas for the 2000-2020 MHz and 2180-2200 MHz bands are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( j ) 1915-1920 MHz and 1995-2000 MHz bands. AWS service areas for the 1915-1920 MHz and 1995-2000 MHz bands are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( k ) 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands. AWS service areas for the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands are as follows: ( 1 ) Service areas for Block G (1755-1760 MHz and 2155-2160 MHz) are based on cellular markets comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs) as defined by Public Notice Report No. CL-92-40 “Common Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and Counties,” dated January 24, 1992, DA 92-109, 7 FCC Rcd 742 (1992), with the following modifications: ( i ) The service areas of cellular markets that border the U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. ( ii ) The service area of cellular market 306 that comprises the water area of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. ( 2 ) Service areas for Blocks H (1760-1765 MHz and 2160-2165 MHz), I (1765-1770 MHz and 2165-2170 MHz), J (1770-1780 MHz and 2170-2180 MHz), A1 (1695-1700 MHz) and B1 (1700-1710 MHz) are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( l ) 600 MHz band. Service areas for the 600 MHz band are based on Partial Economic Areas (PEAs) as defined by Wireless Telecommunications Bureau Provides Details About Partial Economic Areas, Public Notice, 29 FCC Rcd 6491, App. B (2014). The service areas of PEAs that border the U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. The service area of the Gulf of Mexico PEA (PEA 416) that comprises the water area of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. ( m ) 3700-3980 MHz Band. Service areas in the 3.7 GHz Service are based on Partial Economic Areas (PEAs) as defined by appendix A to this subpart ( see Wireless Telecommunications Bureau Provides Details About Partial Economic Areas, DA 14-759, Public Notice, released June 2, 2014, for more information). The 3.7 GHz Service will be licensed in the contiguous United States, i.e., the contiguous 48 states and the District of Columbia as defined by Partial Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411. The service areas of PEAs that border the U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. The 3.7 GHz Service will not be licensed for the following PEAs: Table 3 to Paragraph (m) PEA No. PEA name 42 Honolulu, HI. 212 Anchorage, AK. 264 Kodiak, AK. 298 Fairbanks, AK. 360 Juneau, AK. 412 Puerto Rico. 413 Guam-Northern Mariana Islands. 414 US Virgin Islands. 415 American Samoa. ( n ) 3450-3550 MHz Band. Service areas in the 3.45 GHz Service are based on Partial Economic Areas (PEAs) as defined by appendix A to this subpart. [ 62 FR 9658 , Mar. 3, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.6 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.9 Operation of certificated signal boosters. Individuals and non-individuals may operate certificated Consumer Signal Boosters on frequencies regulated under this part provided that such operation complies with all applicable rules under this part and § 20.21 of this chapter . Failure to comply with all applicable rules voids the authority to operate a signal booster. [ 78 FR 21564 , Apr. 11, 2013] Appendix A to Subpart A of Part 27—List of Partial Economic Areas With Corresponding Counties PEA No. Federal Information Processing System No. County name State 1 09001 Fairfield CT 1 09003 Hartford CT 1 09005 Litchfield CT 1 09007 Middlesex CT 1 09009 New Haven CT 1 09011 New London CT 1 09013 Tolland CT 1 09015 Windham CT 1 34003 Bergen NJ 1 34013 Essex NJ 1 34017 Hudson NJ 1 34019 Hunterdon NJ 1 34021 Mercer NJ 1 34023 Middlesex NJ 1 34025 Monmouth NJ 1 34027 Morris NJ 1 34029 Ocean NJ 1 34031 Passaic NJ 1 34035 Somerset NJ 1 34037 Sussex NJ 1 34039 Union NJ 1 34041 Warren NJ 1 36005 Bronx NY 1 36027 Dutchess NY 1 36047 Kings NY 1 36059 Nassau NY 1 36061 New York NY 1 36071 Orange NY 1 36079 Putnam NY 1 36081 Queens NY 1 36085 Richmond NY 1 36087 Rockland NY 1 36103 Suffolk NY 1 36105 Sullivan NY 1 36111 Ulster NY 1 36119 Westchester NY 1 42025 Carbon PA 1 42069 Lackawanna PA 1 42077 Lehigh PA 1 42079 Luzerne PA 1 42089 Monroe PA 1 42095 Northampton PA 2 06029 Kern CA 2 06037 Los Angeles CA 2 06059 Orange CA 2 06065 Riverside CA 2 06071 San Bernardino CA 2 06079 San Luis Obispo CA 2 06083 Santa Barbara CA 2 06111 Ventura CA 3 17031 Cook IL 3 17043 DuPage IL 3 17063 Grundy IL 3 17089 Kane IL 3 17091 Kankakee IL 3 17093 Kendall IL 3 17097 Lake IL 3 17111 McHenry IL 3 17197 Will IL 3 18091 La Porte IN 3 18089 Lake IN 3 18127 Porter IN 4 06001 Alameda CA 4 06013 Contra Costa CA 4 06041 Marin CA 4 06053 Monterey CA 4 06055 Napa CA 4 06075 San Francisco CA 4 06077 San Joaquin CA 4 06081 San Mateo CA 4 06085 Santa Clara CA 4 06087 Santa Cruz CA 4 06095 Solano CA 4 06097 Sonoma CA 4 06099 Stanislaus CA 5 11001 District of Columbia DC 5 24003 Anne Arundel MD 5 24005 Baltimore MD 5 24510 Baltimore City MD 5 24009 Calvert MD 5 24011 Caroline MD 5 24013 Carroll MD 5 24017 Charles MD 5 24019 Dorchester MD 5 24025 Harford MD 5 24027 Howard MD 5 24029 Kent MD 5 24031 Montgomery MD 5 24033 Prince George's MD 5 24035 Queen Anne's MD 5 24037 St. Mary's MD 5 24041 Talbot MD 5 51510 Alexandria City VA 5 51013 Arlington VA 5 51059 Fairfax VA 5 51600 Fairfax City VA 5 51610 Falls Church City VA 5 51107 Loudoun VA 5 51683 Manassas City VA 5 51685 Manassas Park City VA 5 51153 Prince William VA 6 10001 Kent DE 6 10003 New Castle DE 6 24015 Cecil MD 6 34001 Atlantic NJ 6 34005 Burlington NJ 6 34007 Camden NJ 6 34009 Cape May NJ 6 34011 Cumberland NJ 6 34015 Gloucester NJ 6 34033 Salem NJ 6 42011 Berks PA 6 42017 Bucks PA 6 42029 Chester PA 6 42045 Delaware PA 6 42071 Lancaster PA 6 42091 Montgomery PA 6 42101 Philadelphia PA 7 25001 Barnstable MA 7 25005 Bristol MA 7 25007 Dukes MA 7 25009 Essex MA 7 25017 Middlesex MA 7 25019 Nantucket MA 7 25021 Norfolk MA 7 25023 Plymouth MA 7 25025 Suffolk MA 7 25027 Worcester MA 7 44001 Bristol RI 7 44003 Kent RI 7 44005 Newport RI 7 44007 Providence RI 7 44009 Washington RI 8 48085 Collin TX 8 48113 Dallas TX 8 48121 Denton TX 8 48139 Ellis TX 8 48181 Grayson TX 8 48221 Hood TX 8 48251 Johnson TX 8 48257 Kaufman TX 8 48367 Parker TX 8 48397 Rockwall TX 8 48439 Tarrant TX 8 48497 Wise TX 9 12011 Broward FL 9 12043 Glades FL 9 12051 Hendry FL 9 12061 Indian River FL 9 12085 Martin FL 9 12086 Miami-Dade FL 9 12087 Monroe FL 9 12093 Okeechobee FL 9 12099 Palm Beach FL 9 12111 St. Lucie FL 10 48039 Brazoria TX 10 48071 Chambers TX 10 48157 Fort Bend TX 10 48167 Galveston TX 10 48201 Harris TX 10 48291 Liberty TX 10 48339 Montgomery TX 10 48473 Waller TX 11 13011 Banks GA 11 13013 Barrow GA 11 13035 Butts GA 11 13057 Cherokee GA 11 13059 Clarke GA 11 13063 Clayton GA 11 13067 Cobb GA 11 13085 Dawson GA 11 13089 DeKalb GA 11 13097 Douglas GA 11 13105 Elbert GA 11 13113 Fayette GA 11 13117 Forsyth GA 11 13119 Franklin GA 11 13121 Fulton GA 11 13133 Greene GA 11 13135 Gwinnett GA 11 13137 Habersham GA 11 13139 Hall GA 11 13147 Hart GA 11 13151 Henry GA 11 13157 Jackson GA 11 13159 Jasper GA 11 13187 Lumpkin GA 11 13195 Madison GA 11 13211 Morgan GA 11 13217 Newton GA 11 13219 Oconee GA 11 13221 Oglethorpe GA 11 13223 Paulding GA 11 13241 Rabun GA 11 13247 Rockdale GA 11 13257 Stephens GA 11 13265 Taliaferro GA 11 13297 Walton GA 11 13311 White GA 12 26049 Genesee MI 12 26087 Lapeer MI 12 26093 Livingston MI 12 26099 Macomb MI 12 26125 Oakland MI 12 26155 Shiawassee MI 12 26147 St. Clair MI 12 26161 Washtenaw MI 12 26163 Wayne MI 13 12009 Brevard FL 13 12017 Citrus FL 13 12035 Flagler FL 13 12049 Hardee FL 13 12055 Highlands FL 13 12069 Lake FL 13 12083 Marion FL 13 12095 Orange FL 13 12097 Osceola FL 13 12105 Polk FL 13 12117 Seminole FL 13 12119 Sumter FL 13 12127 Volusia FL 14 39007 Ashtabula OH 14 39019 Carroll OH 14 39029 Columbiana OH 14 39035 Cuyahoga OH 14 39043 Erie OH 14 39055 Geauga OH 14 39077 Huron OH 14 39085 Lake OH 14 39093 Lorain OH 14 39099 Mahoning OH 14 39103 Medina OH 14 39133 Portage OH 14 39151 Stark OH 14 39153 Summit OH 14 39155 Trumbull OH 14 42085 Mercer PA 15 04013 Maricopa AZ 16 53009 Clallam WA 16 53031 Jefferson WA 16 53033 King WA 16 53035 Kitsap WA 16 53053 Pierce WA 16 53061 Snohomish WA 17 27003 Anoka MN 17 27009 Benton MN 17 27019 Carver MN 17 27025 Chisago MN 17 27037 Dakota MN 17 27053 Hennepin MN 17 27123 Ramsey MN 17 27139 Scott MN 17 27141 Sherburne MN 17 27145 Stearns MN 17 27163 Washington MN 17 27171 Wright MN 17 55109 St. Croix WI 18 06073 San Diego CA 19 41003 Benton OR 19 41005 Clackamas OR 19 41007 Clatsop OR 19 41009 Columbia OR 19 41041 Lincoln OR 19 41043 Linn OR 19 41047 Marion OR 19 41051 Multnomah OR 19 41053 Polk OR 19 41057 Tillamook OR 19 41067 Washington OR 19 41071 Yamhill OR 19 53011 Clark WA 19 53015 Cowlitz WA 19 53069 Wahkiakum WA 20 08001 Adams CO 20 08005 Arapahoe CO 20 08013 Boulder CO 20 08014 Broomfield CO 20 08031 Denver CO 20 08035 Douglas CO 20 08047 Gilpin CO 20 08059 Jefferson CO 21 12053 Hernando FL 21 12057 Hillsborough FL 21 12101 Pasco FL 21 12103 Pinellas FL 22 06005 Amador CA 22 06007 Butte CA 22 06011 Colusa CA 22 06017 El Dorado CA 22 06021 Glenn CA 22 06057 Nevada CA 22 06061 Placer CA 22 06067 Sacramento CA 22 06101 Sutter CA 22 06113 Yolo CA 22 06115 Yuba CA 23 42003 Allegheny PA 23 42005 Armstrong PA 23 42007 Beaver PA 23 42019 Butler PA 23 42063 Indiana PA 23 42073 Lawrence PA 23 42125 Washington PA 23 42129 Westmoreland PA 24 17005 Bond IL 24 17027 Clinton IL 24 17121 Marion IL 24 17133 Monroe IL 24 17163 St. Clair IL 24 29071 Franklin MO 24 29099 Jefferson MO 24 29183 St. Charles MO 24 29189 St. Louis MO 24 29510 St. Louis City MO 25 21015 Boone KY 25 21023 Bracken KY 25 21037 Campbell KY 25 21077 Gallatin KY 25 21081 Grant KY 25 21117 Kenton KY 25 21135 Lewis KY 25 21161 Mason KY 25 21191 Pendleton KY 25 39001 Adams OH 25 39015 Brown OH 25 39017 Butler OH 25 39025 Clermont OH 25 39027 Clinton OH 25 39061 Hamilton OH 25 39071 Highland OH 25 39165 Warren OH 26 04015 Mohave AZ 26 32003 Clark NV 27 49011 Davis UT 27 49035 Salt Lake UT 27 49045 Tooele UT 27 49049 Utah UT 27 49057 Weber UT 28 48013 Atascosa TX 28 48029 Bexar TX 28 48091 Comal TX 28 48187 Guadalupe TX 29 12001 Alachua FL 29 12003 Baker FL 29 12007 Bradford FL 29 12019 Clay FL 29 12023 Columbia FL 29 12029 Dixie FL 29 12031 Duval FL 29 12041 Gilchrist FL 29 12047 Hamilton FL 29 12067 Lafayette FL 29 12075 Levy FL 29 12089 Nassau FL 29 12107 Putnam FL 29 12109 St. Johns FL 29 12121 Suwannee FL 29 12125 Union FL 30 20091 Johnson KS 30 20209 Wyandotte KS 30 29037 Cass MO 30 29047 Clay MO 30 29095 Jackson MO 30 29165 Platte MO 30 29177 Ray MO 31 18011 Boone IN 31 18035 Delaware IN 31 18057 Hamilton IN 31 18063 Hendricks IN 31 18081 Johnson IN 31 18095 Madison IN 31 18097 Marion IN 32 21047 Christian KY 32 47021 Cheatham TN 32 47037 Davidson TN 32 47043 Dickson TN 32 47125 Montgomery TN 32 47147 Robertson TN 32 47149 Rutherford TN 32 47165 Sumner TN 32 47187 Williamson TN 32 47189 Wilson TN 33 37053 Currituck NC 33 51550 Chesapeake City VA 33 51620 Franklin City VA 33 51073 Gloucester VA 33 51650 Hampton City VA 33 51093 Isle of Wight VA 33 51095 James City VA 33 51115 Mathews VA 33 51700 Newport News City VA 33 51710 Norfolk City VA 33 51735 Poquoson City VA 33 51740 Portsmouth City VA 33 51175 Southampton VA 33 51800 Suffolk City VA 33 51181 Surry VA 33 51810 Virginia Beach City VA 33 51830 Williamsburg City VA 33 51199 York VA 34 06019 Fresno CA 34 06031 Kings CA 34 06039 Madera CA 34 06107 Tulare CA 35 48209 Hays TX 35 48331 Milam TX 35 48453 Travis TX 35 48491 Williamson TX 36 22051 Jefferson Parish LA 36 22057 Lafourche Parish LA 36 22071 Orleans Parish LA 36 22075 Plaquemines Parish LA 36 22087 St. Bernard Parish LA 36 22089 St. Charles Parish LA 36 22093 St. James Parish LA 36 22095 St. John the Baptist Parish LA 36 22103 St. Tammany Parish LA 36 22105 Tangipahoa Parish LA 36 22109 Terrebonne Parish LA 36 22117 Washington Parish LA 36 28109 Pearl River MS 37 39041 Delaware OH 37 39045 Fairfield OH 37 39049 Franklin OH 37 39097 Madison OH 37 39129 Pickaway OH 38 55079 Milwaukee WI 38 55089 Ozaukee WI 38 55131 Washington WI 38 55133 Waukesha WI 39 40017 Canadian OK 39 40027 Cleveland OK 39 40031 Comanche OK 39 40051 Grady OK 39 40081 Lincoln OK 39 40083 Logan OK 39 40087 McClain OK 39 40109 Oklahoma OK 39 40125 Pottawatomie OK 40 01015 Calhoun AL 40 01073 Jefferson AL 40 01117 Shelby AL 40 01115 St. Clair AL 40 01121 Talladega AL 40 01125 Tuscaloosa AL 40 01127 Walker AL 41 36011 Cayuga NY 41 36017 Chenango NY 41 36023 Cortland NY 41 36025 Delaware NY 41 36043 Herkimer NY 41 36053 Madison NY 41 36065 Oneida NY 41 36067 Onondaga NY 41 36075 Oswego NY 41 36077 Otsego NY 41 36097 Schuyler NY 41 36109 Tompkins NY 42 15001 Hawaii HI 42 15003 Honolulu HI 42 15005 Kalawao HI 42 15007 Kauai HI 42 15009 Maui HI 43 37071 Gaston NC 43 37119 Mecklenburg NC 43 37179 Union NC 44 36037 Genesee NY 44 36051 Livingston NY 44 36055 Monroe NY 44 36069 Ontario NY 44 36073 Orleans NY 44 36099 Seneca NY 44 36101 Steuben NY 44 36117 Wayne NY 44 36121 Wyoming NY 44 36123 Yates NY 45 37063 Durham NC 45 37135 Orange NC 45 37183 Wake NC 46 05005 Baxter AR 46 05009 Boone AR 46 05015 Carroll AR 46 05023 Cleburne AR 46 05029 Conway AR 46 05045 Faulkner AR 46 05049 Fulton AR 46 05063 Independence AR 46 05065 Izard AR 46 05067 Jackson AR 46 05069 Jefferson AR 46 05071 Johnson AR 46 05085 Lonoke AR 46 05089 Marion AR 46 05101 Newton AR 46 05105 Perry AR 46 05115 Pope AR 46 05117 Prairie AR 46 05119 Pulaski AR 46 05125 Saline AR 46 05129 Searcy AR 46 05135 Sharp AR 46 05137 Stone AR 46 05141 Van Buren AR 46 05145 White AR 46 05147 Woodruff AR 46 05149 Yell AR 47 48061 Cameron TX 47 48215 Hidalgo TX 47 48427 Starr TX 47 48489 Willacy TX 48 42001 Adams PA 48 42041 Cumberland PA 48 42043 Dauphin PA 48 42067 Juniata PA 48 42075 Lebanon PA 48 42099 Perry PA 48 42133 York PA 49 36001 Albany NY 49 36021 Columbia NY 49 36035 Fulton NY 49 36039 Greene NY 49 36041 Hamilton NY 49 36057 Montgomery NY 49 36083 Rensselaer NY 49 36091 Saratoga NY 49 36093 Schenectady NY 49 36095 Schoharie NY 49 36113 Warren NY 49 36115 Washington NY 50 37149 Polk NC 50 45007 Anderson SC 50 45021 Cherokee SC 50 45045 Greenville SC 50 45073 Oconee SC 50 45077 Pickens SC 50 45083 Spartanburg SC 50 45087 Union SC 51 18019 Clark IN 51 18043 Floyd IN 51 18077 Jefferson IN 51 18143 Scott IN 51 21029 Bullitt KY 51 21041 Carroll KY 51 21103 Henry KY 51 21111 Jefferson KY 51 21185 Oldham KY 51 21211 Shelby KY 51 21223 Trimble KY 52 21019 Boyd KY 52 21043 Carter KY 52 21063 Elliott KY 52 21089 Greenup KY 52 39053 Gallia OH 52 39087 Lawrence OH 52 39105 Meigs OH 52 39167 Washington OH 52 54005 Boone WV 52 54007 Braxton WV 52 54011 Cabell WV 52 54013 Calhoun WV 52 54015 Clay WV 52 54019 Fayette WV 52 54021 Gilmer WV 52 54035 Jackson WV 52 54039 Kanawha WV 52 54043 Lincoln WV 52 54045 Logan WV 52 54053 Mason WV 52 54067 Nicholas WV 52 54073 Pleasants WV 52 54079 Putnam WV 52 54081 Raleigh WV 52 54085 Ritchie WV 52 54087 Roane WV 52 54089 Summers WV 52 54099 Wayne WV 52 54101 Webster WV 52 54105 Wirt WV 52 54107 Wood WV 52 54109 Wyoming WV 53 04003 Cochise AZ 53 04019 Pima AZ 53 04023 Santa Cruz AZ 54 36029 Erie NY 54 36063 Niagara NY 55 01033 Colbert AL 55 01049 DeKalb AL 55 01055 Etowah AL 55 01059 Franklin AL 55 01071 Jackson AL 55 01077 Lauderdale AL 55 01079 Lawrence AL 55 01083 Limestone AL 55 01089 Madison AL 55 01095 Marshall AL 55 01103 Morgan AL 55 47103 Lincoln TN 56 26005 Allegan MI 56 26015 Barry MI 56 26023 Branch MI 56 26025 Calhoun MI 56 26067 Ionia MI 56 26077 Kalamazoo MI 56 26107 Mecosta MI 56 26117 Montcalm MI 56 26121 Muskegon MI 56 26123 Newaygo MI 56 26127 Oceana MI 56 26159 Van Buren MI 57 51036 Charles City VA 57 51041 Chesterfield VA 57 51057 Essex VA 57 51075 Goochland VA 57 51085 Hanover VA 57 51087 Henrico VA 57 51097 King and Queen VA 57 51101 King William VA 57 51103 Lancaster VA 57 51119 Middlesex VA 57 51127 New Kent VA 57 51133 Northumberland VA 57 51145 Powhatan VA 57 51159 Richmond VA 57 51760 Richmond City VA 58 17023 Clark IL 58 18007 Benton IN 58 18015 Carroll IN 58 18017 Cass IN 58 18021 Clay IN 58 18023 Clinton IN 58 18045 Fountain IN 58 18055 Greene IN 58 18067 Howard IN 58 18093 Lawrence IN 58 18103 Miami IN 58 18105 Monroe IN 58 18107 Montgomery IN 58 18109 Morgan IN 58 18117 Orange IN 58 18119 Owen IN 58 18121 Parke IN 58 18133 Putnam IN 58 18153 Sullivan IN 58 18157 Tippecanoe IN 58 18159 Tipton IN 58 18165 Vermillion IN 58 18167 Vigo IN 58 18171 Warren IN 58 18181 White IN 59 05035 Crittenden AR 59 47157 Shelby TN 59 47167 Tipton TN 60 33001 Belknap NH 60 33011 Hillsborough NH 60 33013 Merrimack NH 60 33015 Rockingham NH 60 33017 Strafford NH 61 39039 Defiance OH 61 39051 Fulton OH 61 39063 Hancock OH 61 39065 Hardin OH 61 39069 Henry OH 61 39095 Lucas OH 61 39123 Ottawa OH 61 39125 Paulding OH 61 39143 Sandusky OH 61 39147 Seneca OH 61 39171 Williams OH 61 39173 Wood OH 61 39175 Wyandot OH 62 39021 Champaign OH 62 39023 Clark OH 62 39057 Greene OH 62 39109 Miami OH 62 39113 Montgomery OH 62 39135 Preble OH 63 40021 Cherokee OK 63 40037 Creek OK 63 40097 Mayes OK 63 40113 Osage OK 63 40131 Rogers OK 63 40143 Tulsa OK 63 40145 Wagoner OK 64 18039 Elkhart IN 64 18049 Fulton IN 64 18085 Kosciusko IN 64 18087 Lagrange IN 64 18099 Marshall IN 64 18131 Pulaski IN 64 18141 St. Joseph IN 64 18149 Starke IN 64 26021 Berrien MI 64 26027 Cass MI 64 26149 St. Joseph MI 65 12021 Collier FL 65 12071 Lee FL 66 26037 Clinton MI 66 26045 Eaton MI 66 26059 Hillsdale MI 66 26065 Ingham MI 66 26075 Jackson MI 66 26091 Lenawee MI 66 26115 Monroe MI 67 12015 Charlotte FL 67 12027 DeSoto FL 67 12081 Manatee FL 67 12115 Sarasota FL 68 26081 Kent MI 68 26139 Ottawa MI 69 25003 Berkshire MA 69 25011 Franklin MA 69 25013 Hampden MA 69 25015 Hampshire MA 69 50003 Bennington VT 70 06015 Del Norte CA 70 41011 Coos OR 70 41015 Curry OR 70 41019 Douglas OR 70 41029 Jackson OR 70 41033 Josephine OR 70 41039 Lane OR 71 47001 Anderson TN 71 47009 Blount TN 71 47013 Campbell TN 71 47093 Knox TN 71 47105 Loudon TN 71 47129 Morgan TN 71 47145 Roane TN 71 47151 Scott TN 71 47173 Union TN 72 12005 Bay FL 72 12013 Calhoun FL 72 12037 Franklin FL 72 12039 Gadsden FL 72 12045 Gulf FL 72 12063 Jackson FL 72 12065 Jefferson FL 72 12073 Leon FL 72 12077 Liberty FL 72 12079 Madison FL 72 12123 Taylor FL 72 12129 Wakulla FL 72 13087 Decatur GA 72 13099 Early GA 72 13131 Grady GA 72 13201 Miller GA 72 13253 Seminole GA 72 13275 Thomas GA 73 48141 El Paso TX 74 13047 Catoosa GA 74 13083 Dade GA 74 13295 Walker GA 74 47007 Bledsoe TN 74 47011 Bradley TN 74 47065 Hamilton TN 74 47115 Marion TN 74 47107 McMinn TN 74 47121 Meigs TN 74 47123 Monroe TN 74 47139 Polk TN 74 47143 Rhea TN 74 47153 Sequatchie TN 75 35001 Bernalillo NM 75 35043 Sandoval NM 76 06003 Alpine CA 76 06027 Inyo CA 76 06035 Lassen CA 76 06051 Mono CA 76 06063 Plumas CA 76 06091 Sierra CA 76 32510 Carson City NV 76 32001 Churchill NV 76 32005 Douglas NV 76 32007 Elko NV 76 32011 Eureka NV 76 32013 Humboldt NV 76 32015 Lander NV 76 32019 Lyon NV 76 32027 Pershing NV 76 32029 Storey NV 76 32031 Washoe NV 76 32033 White Pine NV 77 23001 Androscoggin ME 77 23005 Cumberland ME 77 23007 Franklin ME 77 23013 Knox ME 77 23015 Lincoln ME 77 23017 Oxford ME 77 23023 Sagadahoc ME 77 23031 York ME 78 37001 Alamance NC 78 37081 Guilford NC 78 37151 Randolph NC 79 28001 Adams MS 79 28005 Amite MS 79 28021 Claiborne MS 79 28023 Clarke MS 79 28029 Copiah MS 79 28031 Covington MS 79 28035 Forrest MS 79 28037 Franklin MS 79 28041 Greene MS 79 28061 Jasper MS 79 28063 Jefferson MS 79 28065 Jefferson Davis MS 79 28067 Jones MS 79 28069 Kemper MS 79 28073 Lamar MS 79 28075 Lauderdale MS 79 28077 Lawrence MS 79 28079 Leake MS 79 28085 Lincoln MS 79 28091 Marion MS 79 28099 Neshoba MS 79 28101 Newton MS 79 28111 Perry MS 79 28113 Pike MS 79 28123 Scott MS 79 28127 Simpson MS 79 28129 Smith MS 79 28147 Walthall MS 79 28153 Wayne MS 80 19155 Pottawattamie IA 80 31055 Douglas NE 80 31153 Sarpy NE 81 26001 Alcona MI 81 26011 Arenac MI 81 26017 Bay MI 81 26035 Clare MI 81 26051 Gladwin MI 81 26057 Gratiot MI 81 26063 Huron MI 81 26069 Iosco MI 81 26073 Isabella MI 81 26111 Midland MI 81 26129 Ogemaw MI 81 26145 Saginaw MI 81 26151 Sanilac MI 81 26157 Tuscola MI 82 22005 Ascension Parish LA 82 22007 Assumption Parish LA 82 22033 East Baton Rouge Parish LA 82 22047 Iberville Parish LA 82 22063 Livingston Parish LA 82 22121 West Baton Rouge Parish LA 83 18001 Adams IN 83 18003 Allen IN 83 18009 Blackford IN 83 18033 De Kalb IN 83 18053 Grant IN 83 18069 Huntington IN 83 18075 Jay IN 83 18113 Noble IN 83 18151 Steuben IN 83 18169 Wabash IN 83 18179 Wells IN 83 18183 Whitley IN 84 01003 Baldwin AL 84 01025 Clarke AL 84 01035 Conecuh AL 84 01053 Escambia AL 84 01097 Mobile AL 84 01099 Monroe AL 84 01129 Washington AL 84 01131 Wilcox AL 85 45015 Berkeley SC 85 45019 Charleston SC 85 45029 Colleton SC 85 45035 Dorchester SC 86 21005 Anderson KY 86 21011 Bath KY 86 21017 Bourbon KY 86 21049 Clark KY 86 21067 Fayette KY 86 21069 Fleming KY 86 21073 Franklin KY 86 21097 Harrison KY 86 21113 Jessamine KY 86 21165 Menifee KY 86 21167 Mercer KY 86 21173 Montgomery KY 86 21181 Nicholas KY 86 21187 Owen KY 86 21201 Robertson KY 86 21205 Rowan KY 86 21209 Scott KY 86 21239 Woodford KY 87 12033 Escambia FL 87 12091 Okaloosa FL 87 12113 Santa Rosa FL 87 12131 Walton FL 88 24001 Allegany MD 88 24021 Frederick MD 88 24023 Garrett MD 88 24043 Washington MD 88 42055 Franklin PA 88 42057 Fulton PA 88 54057 Mineral WV 89 45063 Lexington SC 89 45079 Richland SC 90 22025 Catahoula Parish LA 90 22029 Concordia Parish LA 90 22065 Madison Parish LA 90 22107 Tensas Parish LA 90 28007 Attala MS 90 28049 Hinds MS 90 28051 Holmes MS 90 28089 Madison MS 90 28121 Rankin MS 90 28149 Warren MS 90 28163 Yazoo MS 91 08041 El Paso CO 91 08119 Teller CO 92 17019 Champaign IL 92 17025 Clay IL 92 17029 Coles IL 92 17035 Cumberland IL 92 17041 Douglas IL 92 17045 Edgar IL 92 17049 Effingham IL 92 17051 Fayette IL 92 17053 Ford IL 92 17079 Jasper IL 92 17115 Macon IL 92 17139 Moultrie IL 92 17147 Piatt IL 92 17173 Shelby IL 92 17183 Vermilion IL 93 22001 Acadia Parish LA 93 22039 Evangeline Parish LA 93 22045 Iberia Parish LA 93 22055 Lafayette Parish LA 93 22097 St. Landry Parish LA 93 22099 St. Martin Parish LA 93 22101 St. Mary Parish LA 93 22113 Vermilion Parish LA 94 48027 Bell TX 94 48099 Coryell TX 94 48145 Falls TX 94 48309 McLennan TX 95 21025 Breathitt KY 95 21065 Estill KY 95 21071 Floyd KY 95 21109 Jackson KY 95 21115 Johnson KY 95 21119 Knott KY 95 21127 Lawrence KY 95 21129 Lee KY 95 21133 Letcher KY 95 21153 Magoffin KY 95 21159 Martin KY 95 21175 Morgan KY 95 21189 Owsley KY 95 21193 Perry KY 95 21195 Pike KY 95 21197 Powell KY 95 21237 Wolfe KY 95 51021 Bland VA 95 51027 Buchanan VA 95 51051 Dickenson VA 95 51105 Lee VA 95 51720 Norton City VA 95 51167 Russell VA 95 51185 Tazewell VA 95 51195 Wise VA 95 54047 McDowell WV 95 54055 Mercer WV 95 54059 Mingo WV 96 21001 Adair KY 96 21013 Bell KY 96 21021 Boyle KY 96 21045 Casey KY 96 21051 Clay KY 96 21053 Clinton KY 96 21079 Garrard KY 96 21087 Green KY 96 21095 Harlan KY 96 21121 Knox KY 96 21125 Laurel KY 96 21131 Leslie KY 96 21137 Lincoln KY 96 21151 Madison KY 96 21147 McCreary KY 96 21199 Pulaski KY 96 21203 Rockcastle KY 96 21207 Russell KY 96 21217 Taylor KY 96 21231 Wayne KY 96 21235 Whitley KY 96 47025 Claiborne TN 97 19143 Osceola IA 97 27013 Blue Earth MN 97 27015 Brown MN 97 27023 Chippewa MN 97 27033 Cottonwood MN 97 27043 Faribault MN 97 27047 Freeborn MN 97 27063 Jackson MN 97 27067 Kandiyohi MN 97 27073 Lac qui Parle MN 97 27079 Le Sueur MN 97 27081 Lincoln MN 97 27083 Lyon MN 97 27091 Martin MN 97 27085 McLeod MN 97 27093 Meeker MN 97 27101 Murray MN 97 27103 Nicollet MN 97 27105 Nobles MN 97 27127 Redwood MN 97 27129 Renville MN 97 27131 Rice MN 97 27143 Sibley MN 97 27147 Steele MN 97 27161 Waseca MN 97 27165 Watonwan MN 97 27173 Yellow Medicine MN 98 47019 Carter TN 98 47059 Greene TN 98 47073 Hawkins TN 98 47163 Sullivan TN 98 47171 Unicoi TN 98 47179 Washington TN 98 51520 Bristol City VA 98 51169 Scott VA 98 51173 Smyth VA 98 51191 Washington VA 99 28003 Alcorn MS 99 28013 Calhoun MS 99 28017 Chickasaw MS 99 28019 Choctaw MS 99 28025 Clay MS 99 28043 Grenada MS 99 28057 Itawamba MS 99 28081 Lee MS 99 28087 Lowndes MS 99 28095 Monroe MS 99 28097 Montgomery MS 99 28103 Noxubee MS 99 28105 Oktibbeha MS 99 28115 Pontotoc MS 99 28117 Prentiss MS 99 28139 Tippah MS 99 28141 Tishomingo MS 99 28145 Union MS 99 28155 Webster MS 99 28159 Winston MS 99 47071 Hardin TN 99 47109 McNairy TN 100 37013 Beaufort NC 100 37031 Carteret NC 100 37049 Craven NC 100 37055 Dare NC 100 37079 Greene NC 100 37095 Hyde NC 100 37103 Jones NC 100 37107 Lenoir NC 100 37117 Martin NC 100 37137 Pamlico NC 100 37147 Pitt NC 100 37177 Tyrrell NC 100 37187 Washington NC 101 20015 Butler KS 101 20173 Sedgwick KS 102 08015 Chaffee CO 102 08019 Clear Creek CO 102 08027 Custer CO 102 08029 Delta CO 102 08037 Eagle CO 102 08043 Fremont CO 102 08045 Garfield CO 102 08049 Grand CO 102 08051 Gunnison CO 102 08053 Hinsdale CO 102 08057 Jackson CO 102 08065 Lake CO 102 08077 Mesa CO 102 08081 Moffat CO 102 08085 Montrose CO 102 08091 Ouray CO 102 08093 Park CO 102 08097 Pitkin CO 102 08103 Rio Blanco CO 102 08107 Routt CO 102 08113 San Miguel CO 102 08117 Summit CO 103 51043 Clarke VA 103 51061 Fauquier VA 103 51069 Frederick VA 103 51139 Page VA 103 51157 Rappahannock VA 103 51171 Shenandoah VA 103 51187 Warren VA 103 51840 Winchester City VA 103 54003 Berkeley WV 103 54023 Grant WV 103 54027 Hampshire WV 103 54031 Hardy WV 103 54037 Jefferson WV 103 54065 Morgan WV 103 54083 Randolph WV 103 54093 Tucker WV 104 08069 Larimer CO 104 08123 Weld CO 105 13073 Columbia GA 105 13181 Lincoln GA 105 13189 McDuffie GA 105 13245 Richmond GA 105 13317 Wilkes GA 105 45003 Aiken SC 105 45037 Edgefield SC 106 39009 Athens OH 106 39047 Fayette OH 106 39059 Guernsey OH 106 39073 Hocking OH 106 39079 Jackson OH 106 39115 Morgan OH 106 39119 Muskingum OH 106 39121 Noble OH 106 39127 Perry OH 106 39131 Pike OH 106 39141 Ross OH 106 39145 Scioto OH 106 39163 Vinton OH 107 23003 Aroostook ME 107 23009 Hancock ME 107 23011 Kennebec ME 107 23019 Penobscot ME 107 23021 Piscataquis ME 107 23025 Somerset ME 107 23027 Waldo ME 107 23029 Washington ME 108 19049 Dallas IA 108 19153 Polk IA 108 19181 Warren IA 109 37065 Edgecombe NC 109 37069 Franklin NC 109 37077 Granville NC 109 37083 Halifax NC 109 37127 Nash NC 109 37131 Northampton NC 109 37145 Person NC 109 37181 Vance NC 109 37185 Warren NC 109 37195 Wilson NC 110 21075 Fulton KY 110 21105 Hickman KY 110 47005 Benton TN 110 47017 Carroll TN 110 47023 Chester TN 110 47033 Crockett TN 110 47039 Decatur TN 110 47045 Dyer TN 110 47047 Fayette TN 110 47053 Gibson TN 110 47069 Hardeman TN 110 47075 Haywood TN 110 47077 Henderson TN 110 47079 Henry TN 110 47095 Lake TN 110 47097 Lauderdale TN 110 47113 Madison TN 110 47131 Obion TN 110 47183 Weakley TN 111 05007 Benton AR 111 05087 Madison AR 111 05143 Washington AR 111 29119 McDonald MO 111 40001 Adair OK 111 40041 Delaware OK 112 21003 Allen KY 112 21009 Barren KY 112 21031 Butler KY 112 21057 Cumberland KY 112 21061 Edmonson KY 112 21099 Hart KY 112 21141 Logan KY 112 21169 Metcalfe KY 112 21171 Monroe KY 112 21213 Simpson KY 112 21219 Todd KY 112 21227 Warren KY 112 47027 Clay TN 112 47035 Cumberland TN 112 47049 Fentress TN 112 47087 Jackson TN 112 47111 Macon TN 112 47133 Overton TN 112 47137 Pickett TN 112 47141 Putnam TN 112 47169 Trousdale TN 113 42031 Clarion PA 113 42039 Crawford PA 113 42049 Erie PA 113 42053 Forest PA 113 42121 Venango PA 113 42123 Warren PA 114 42051 Fayette PA 114 42059 Greene PA 114 54001 Barbour WV 114 54017 Doddridge WV 114 54033 Harrison WV 114 54041 Lewis WV 114 54049 Marion WV 114 54061 Monongalia WV 114 54077 Preston WV 114 54091 Taylor WV 114 54097 Upshur WV 115 37021 Buncombe NC 115 37087 Haywood NC 115 37089 Henderson NC 115 37099 Jackson NC 115 37115 Madison NC 115 37173 Swain NC 115 37175 Transylvania NC 116 17007 Boone IL 116 17201 Winnebago IL 116 55105 Rock WI 117 13045 Carroll GA 117 13077 Coweta GA 117 13143 Haralson GA 117 13149 Heard GA 117 13171 Lamar GA 117 13199 Meriwether GA 117 13231 Pike GA 117 13255 Spalding GA 117 13263 Talbot GA 117 13285 Troup GA 117 13293 Upson GA 118 18005 Bartholomew IN 118 18013 Brown IN 118 18031 Decatur IN 118 18041 Fayette IN 118 18059 Hancock IN 118 18065 Henry IN 118 18071 Jackson IN 118 18079 Jennings IN 118 18135 Randolph IN 118 18139 Rush IN 118 18145 Shelby IN 118 18161 Union IN 118 18177 Wayne IN 119 53005 Benton WA 119 53021 Franklin WA 119 53077 Yakima WA 120 05027 Columbia AR 120 05073 Lafayette AR 120 22013 Bienville Parish LA 120 22015 Bossier Parish LA 120 22017 Caddo Parish LA 120 22027 Claiborne Parish LA 120 22119 Webster Parish LA 120 22127 Winn Parish LA 121 42009 Bedford PA 121 42013 Blair PA 121 42021 Cambria PA 121 42061 Huntingdon PA 121 42087 Mifflin PA 121 42111 Somerset PA 122 55025 Dane WI 123 39005 Ashland OH 123 39033 Crawford OH 123 39067 Harrison OH 123 39075 Holmes OH 123 39139 Richland OH 123 39157 Tuscarawas OH 123 39169 Wayne OH 124 53027 Grays Harbor WA 124 53041 Lewis WA 124 53045 Mason WA 124 53049 Pacific WA 124 53067 Thurston WA 125 17013 Calhoun IL 125 17083 Jersey IL 125 17117 Macoupin IL 125 17119 Madison IL 125 29073 Gasconade MO 125 29113 Lincoln MO 125 29139 Montgomery MO 125 29163 Pike MO 125 29219 Warren MO 126 04007 Gila AZ 126 04009 Graham AZ 126 04011 Greenlee AZ 126 04021 Pinal AZ 127 18027 Daviess IN 127 18037 Dubois IN 127 18051 Gibson IN 127 18083 Knox IN 127 18101 Martin IN 127 18123 Perry IN 127 18125 Pike IN 127 18129 Posey IN 127 18147 Spencer IN 127 18163 Vanderburgh IN 127 18173 Warrick IN 128 13009 Baldwin GA 128 13021 Bibb GA 128 13023 Bleckley GA 128 13091 Dodge GA 128 13153 Houston GA 128 13169 Jones GA 128 13225 Peach GA 128 13235 Pulaski GA 128 13289 Twiggs GA 128 13315 Wilcox GA 128 13319 Wilkinson GA 129 17001 Adams IL 129 17009 Brown IL 129 17017 Cass IL 129 17021 Christian IL 129 17061 Greene IL 129 17107 Logan IL 129 17129 Menard IL 129 17135 Montgomery IL 129 17137 Morgan IL 129 17149 Pike IL 129 17167 Sangamon IL 129 17169 Schuyler IL 129 17171 Scott IL 130 53063 Spokane WA 131 37037 Chatham NC 131 37085 Harnett NC 131 37101 Johnston NC 131 37105 Lee NC 131 37163 Sampson NC 132 48007 Aransas TX 132 48025 Bee TX 132 48355 Nueces TX 132 48391 Refugio TX 132 48409 San Patricio TX 133 48005 Angelina TX 133 48161 Freestone TX 133 48225 Houston TX 133 48289 Leon TX 133 48293 Limestone TX 133 48313 Madison TX 133 48347 Nacogdoches TX 133 48373 Polk TX 133 48395 Robertson TX 133 48403 Sabine TX 133 48405 San Augustine TX 133 48407 San Jacinto TX 133 48419 Shelby TX 133 48455 Trinity TX 133 48471 Walker TX 134 39031 Coshocton OH 134 39083 Knox OH 134 39089 Licking OH 134 39091 Logan OH 134 39101 Marion OH 134 39117 Morrow OH 134 39159 Union OH 135 48199 Hardin TX 135 48241 Jasper TX 135 48245 Jefferson TX 135 48351 Newton TX 135 48361 Orange TX 135 48457 Tyler TX 136 42035 Clinton PA 136 42037 Columbia PA 136 42081 Lycoming PA 136 42093 Montour PA 136 42097 Northumberland PA 136 42109 Snyder PA 136 42113 Sullivan PA 136 42119 Union PA 136 42131 Wyoming PA 137 27049 Goodhue MN 137 55005 Barron WI 137 55013 Burnett WI 137 55017 Chippewa WI 137 55033 Dunn WI 137 55035 Eau Claire WI 137 55091 Pepin WI 137 55093 Pierce WI 137 55095 Polk WI 137 55107 Rusk WI 137 55113 Sawyer WI 137 55129 Washburn WI 138 50001 Addison VT 138 50005 Caledonia VT 138 50007 Chittenden VT 138 50011 Franklin VT 138 50013 Grand Isle VT 138 50015 Lamoille VT 138 50019 Orleans VT 138 50021 Rutland VT 138 50023 Washington VT 139 05001 Arkansas AR 139 05003 Ashley AR 139 05011 Bradley AR 139 05013 Calhoun AR 139 05017 Chicot AR 139 05019 Clark AR 139 05025 Cleveland AR 139 05039 Dallas AR 139 05041 Desha AR 139 05043 Drew AR 139 05051 Garland AR 139 05053 Grant AR 139 05057 Hempstead AR 139 05059 Hot Spring AR 139 05061 Howard AR 139 05079 Lincoln AR 139 05095 Monroe AR 139 05097 Montgomery AR 139 05099 Nevada AR 139 05103 Ouachita AR 139 05109 Pike AR 139 05139 Union AR 140 51033 Caroline VA 140 51047 Culpeper VA 140 51630 Fredericksburg City VA 140 51099 King George VA 140 51113 Madison VA 140 51137 Orange VA 140 51177 Spotsylvania VA 140 51179 Stafford VA 140 51193 Westmoreland VA 141 27001 Aitkin MN 141 27007 Beltrami MN 141 27021 Cass MN 141 27029 Clearwater MN 141 27035 Crow Wing MN 141 27041 Douglas MN 141 27051 Grant MN 141 27057 Hubbard MN 141 27059 Isanti MN 141 27065 Kanabec MN 141 27095 Mille Lacs MN 141 27097 Morrison MN 141 27115 Pine MN 141 27121 Pope MN 141 27149 Stevens MN 141 27151 Swift MN 141 27153 Todd MN 141 27159 Wadena MN 142 06009 Calaveras CA 142 06043 Mariposa CA 142 06047 Merced CA 142 06069 San Benito CA 142 06109 Tuolumne CA 143 33003 Carroll NH 143 33005 Cheshire NH 143 33007 Coos NH 143 33009 Grafton NH 143 33019 Sullivan NH 143 50009 Essex VT 143 50017 Orange VT 143 50025 Windham VT 143 50027 Windsor VT 144 48063 Camp TX 144 48119 Delta TX 144 48147 Fannin TX 144 48159 Franklin TX 144 48223 Hopkins TX 144 48231 Hunt TX 144 48277 Lamar TX 144 48379 Rains TX 144 48387 Red River TX 144 48449 Titus TX 144 48459 Upshur TX 144 48467 Van Zandt TX 144 48499 Wood TX 145 47003 Bedford TN 145 47015 Cannon TN 145 47031 Coffee TN 145 47041 DeKalb TN 145 47051 Franklin TN 145 47055 Giles TN 145 47061 Grundy TN 145 47117 Marshall TN 145 47119 Maury TN 145 47127 Moore TN 145 47159 Smith TN 145 47175 Van Buren TN 145 47177 Warren TN 145 47185 White TN 146 37019 Brunswick NC 146 37047 Columbus NC 146 37129 New Hanover NC 146 37141 Pender NC 147 10005 Sussex DE 147 24039 Somerset MD 147 24045 Wicomico MD 147 24047 Worcester MD 147 51001 Accomack VA 147 51131 Northampton VA 148 53029 Island WA 148 53055 San Juan WA 148 53057 Skagit WA 148 53073 Whatcom WA 149 28039 George MS 149 28045 Hancock MS 149 28047 Harrison MS 149 28059 Jackson MS 149 28131 Stone MS 150 29029 Camden MO 150 29059 Dallas MO 150 29065 Dent MO 150 29085 Hickory MO 150 29105 Laclede MO 150 29125 Maries MO 150 29131 Miller MO 150 29141 Morgan MO 150 29149 Oregon MO 150 29161 Phelps MO 150 29167 Polk MO 150 29169 Pulaski MO 150 29203 Shannon MO 150 29215 Texas MO 150 29225 Webster MO 150 29229 Wright MO 151 37067 Forsyth NC 151 37169 Stokes NC 152 48183 Gregg TX 152 48203 Harrison TX 152 48423 Smith TX 153 55027 Dodge WI 153 55039 Fond du Lac WI 153 55047 Green Lake WI 153 55055 Jefferson WI 153 55127 Walworth WI 154 45033 Dillon SC 154 45043 Georgetown SC 154 45051 Horry SC 154 45067 Marion SC 155 55015 Calumet WI 155 55087 Outagamie WI 155 55139 Winnebago WI 156 16001 Ada ID 157 04012 La Paz AZ 157 04027 Yuma AZ 157 06025 Imperial CA 158 30029 Flathead MT 158 30039 Granite MT 158 30047 Lake MT 158 30049 Lewis and Clark MT 158 30053 Lincoln MT 158 30061 Mineral MT 158 30063 Missoula MT 158 30077 Powell MT 158 30081 Ravalli MT 158 30089 Sanders MT 159 13007 Baker GA 159 13017 Ben Hill GA 159 13019 Berrien GA 159 13027 Brooks GA 159 13037 Calhoun GA 159 13061 Clay GA 159 13071 Colquitt GA 159 13075 Cook GA 159 13101 Echols GA 159 13155 Irwin GA 159 13173 Lanier GA 159 13185 Lowndes GA 159 13205 Mitchell GA 159 13243 Randolph GA 159 13273 Terrell GA 159 13277 Tift GA 159 13287 Turner GA 159 13321 Worth GA 160 48015 Austin TX 160 48051 Burleson TX 160 48057 Calhoun TX 160 48089 Colorado TX 160 48123 DeWitt TX 160 48149 Fayette TX 160 48175 Goliad TX 160 48239 Jackson TX 160 48285 Lavaca TX 160 48321 Matagorda TX 160 48469 Victoria TX 160 48477 Washington TX 160 48481 Wharton TX 161 17003 Alexander IL 161 17055 Franklin IL 161 17059 Gallatin IL 161 17065 Hamilton IL 161 17069 Hardin IL 161 17077 Jackson IL 161 17081 Jefferson IL 161 17087 Johnson IL 161 17145 Perry IL 161 17151 Pope IL 161 17153 Pulaski IL 161 17157 Randolph IL 161 17165 Saline IL 161 17181 Union IL 161 17189 Washington IL 161 17199 Williamson IL 162 18025 Crawford IN 162 18061 Harrison IN 162 18175 Washington IN 162 21027 Breckinridge KY 162 21085 Grayson KY 162 21093 Hardin KY 162 21123 Larue KY 162 21155 Marion KY 162 21163 Meade KY 162 21179 Nelson KY 162 21215 Spencer KY 162 21229 Washington KY 163 19163 Scott IA 163 17073 Henry IL 163 17161 Rock Island IL 164 01001 Autauga AL 164 01051 Elmore AL 164 01101 Montgomery AL 165 01017 Chambers AL 165 01019 Cherokee AL 165 01029 Cleburne AL 165 01111 Randolph AL 165 13015 Bartow GA 165 13055 Chattooga GA 165 13115 Floyd GA 165 13233 Polk GA 166 06049 Modoc CA 166 06089 Shasta CA 166 06093 Siskiyou CA 166 06103 Tehama CA 166 41035 Klamath OR 167 51005 Alleghany VA 167 51015 Augusta VA 167 51017 Bath VA 167 51530 Buena Vista City VA 167 51580 Covington City VA 167 51660 Harrisonburg City VA 167 51091 Highland VA 167 51678 Lexington City VA 167 51163 Rockbridge VA 167 51165 Rockingham VA 167 51790 Staunton City VA 167 51820 Waynesboro City VA 167 54025 Greenbrier WV 167 54071 Pendleton WV 167 54075 Pocahontas WV 168 17143 Peoria IL 168 17179 Tazewell IL 168 17203 Woodford IL 169 37061 Duplin NC 169 37133 Onslow NC 169 37191 Wayne NC 170 01005 Barbour AL 170 01031 Coffee AL 170 01039 Covington AL 170 01045 Dale AL 170 01061 Geneva AL 170 01067 Henry AL 170 01069 Houston AL 170 12059 Holmes FL 170 12133 Washington FL 170 13239 Quitman GA 171 05033 Crawford AR 171 05047 Franklin AR 171 05083 Logan AR 171 05127 Scott AR 171 05131 Sebastian AR 171 40061 Haskell OK 171 40077 Latimer OK 171 40079 Le Flore OK 171 40135 Sequoyah OK 172 27017 Carlton MN 172 27031 Cook MN 172 27061 Itasca MN 172 27071 Koochiching MN 172 27075 Lake MN 172 27137 St. Louis MN 172 55031 Douglas WI 173 51019 Bedford VA 173 51515 Bedford City VA 173 51035 Carroll VA 173 51063 Floyd VA 173 51067 Franklin VA 173 51071 Giles VA 173 51121 Montgomery VA 173 51155 Pulaski VA 173 51750 Radford City VA 173 54063 Monroe WV 174 29043 Christian MO 174 29077 Greene MO 175 28009 Benton MS 175 28033 DeSoto MS 175 28071 Lafayette MS 175 28093 Marshall MS 175 28107 Panola MS 175 28119 Quitman MS 175 28137 Tate MS 175 28143 Tunica MS 175 28161 Yalobusha MS 176 19015 Boone IA 176 19025 Calhoun IA 176 19027 Carroll IA 176 19047 Crawford IA 176 19073 Greene IA 176 19075 Grundy IA 176 19079 Hamilton IA 176 19083 Hardin IA 176 19091 Humboldt IA 176 19127 Marshall IA 176 19161 Sac IA 176 19169 Story IA 176 19171 Tama IA 176 19187 Webster IA 176 19197 Wright IA 177 13029 Bryan GA 177 13051 Chatham GA 177 13103 Effingham GA 178 20003 Anderson KS 178 20011 Bourbon KS 178 20059 Franklin KS 178 20107 Linn KS 178 20121 Miami KS 178 29013 Bates MO 178 29015 Benton MO 178 29039 Cedar MO 178 29083 Henry MO 178 29101 Johnson MO 178 29107 Lafayette MO 178 29159 Pettis MO 178 29195 Saline MO 178 29185 St. Clair MO 178 29217 Vernon MO 179 19007 Appanoose IA 179 19051 Davis IA 179 19057 Des Moines IA 179 19087 Henry IA 179 19099 Jasper IA 179 19101 Jefferson IA 179 19107 Keokuk IA 179 19111 Lee IA 179 19123 Mahaska IA 179 19125 Marion IA 179 19135 Monroe IA 179 19157 Poweshiek IA 179 19177 Van Buren IA 179 19179 Wapello IA 179 17067 Hancock IL 179 17071 Henderson IL 179 29045 Clark MO 179 29199 Scotland MO 180 04005 Coconino AZ 180 04025 Yavapai AZ 181 05081 Little River AR 181 05091 Miller AR 181 05113 Polk AR 181 05133 Sevier AR 181 40013 Bryan OK 181 40023 Choctaw OK 181 40089 McCurtain OK 181 40127 Pushmataha OK 181 48037 Bowie TX 181 48067 Cass TX 181 48315 Marion TX 181 48343 Morris TX 182 19103 Johnson IA 182 19113 Linn IA 183 29019 Boone MO 183 29027 Callaway MO 183 29051 Cole MO 183 29053 Cooper MO 183 29089 Howard MO 183 29135 Moniteau MO 183 29151 Osage MO 184 22021 Caldwell Parish LA 184 22035 East Carroll Parish LA 184 22041 Franklin Parish LA 184 22049 Jackson Parish LA 184 22061 Lincoln Parish LA 184 22067 Morehouse Parish LA 184 22073 Ouachita Parish LA 184 22083 Richland Parish LA 184 22111 Union Parish LA 184 22123 West Carroll Parish LA 185 26013 Baraga MI 185 26043 Dickinson MI 185 26053 Gogebic MI 185 26061 Houghton MI 185 26071 Iron MI 185 26083 Keweenaw MI 185 26103 Marquette MI 185 26109 Menominee MI 185 26131 Ontonagon MI 185 55037 Florence WI 185 55051 Iron WI 185 55075 Marinette WI 185 55078 Menominee WI 185 55083 Oconto WI 185 55115 Shawano WI 186 45023 Chester SC 186 45057 Lancaster SC 186 45091 York SC 187 16005 Bannock ID 187 16011 Bingham ID 187 16019 Bonneville ID 187 16033 Clark ID 187 16043 Fremont ID 187 16051 Jefferson ID 187 16065 Madison ID 187 16077 Power ID 187 16081 Teton ID 188 36003 Allegany NY 188 36009 Cattaraugus NY 188 36013 Chautauqua NY 188 42083 McKean PA 188 42105 Potter PA 189 22003 Allen Parish LA 189 22009 Avoyelles Parish LA 189 22011 Beauregard Parish LA 189 22043 Grant Parish LA 189 22059 La Salle Parish LA 189 22079 Rapides Parish LA 189 22115 Vernon Parish LA 190 30019 Daniels MT 190 30021 Dawson MT 190 30031 Gallatin MT 190 30033 Garfield MT 190 30037 Golden Valley MT 190 30057 Madison MT 190 30055 McCone MT 190 30065 Musselshell MT 190 30067 Park MT 190 30069 Petroleum MT 190 30083 Richland MT 190 30085 Roosevelt MT 190 30091 Sheridan MT 190 30095 Stillwater MT 190 30097 Sweet Grass MT 190 30105 Valley MT 190 30111 Yellowstone MT 191 51007 Amelia VA 191 51025 Brunswick VA 191 51029 Buckingham VA 191 51037 Charlotte VA 191 51570 Colonial Heights City VA 191 51049 Cumberland VA 191 51053 Dinwiddie VA 191 51595 Emporia City VA 191 51081 Greensville VA 191 51670 Hopewell City VA 191 51111 Lunenburg VA 191 51117 Mecklenburg VA 191 51135 Nottoway VA 191 51730 Petersburg City VA 191 51147 Prince Edward VA 191 51149 Prince George VA 191 51183 Sussex VA 192 37051 Cumberland NC 193 20005 Atchison KS 193 20043 Doniphan KS 193 20045 Douglas KS 193 20103 Leavenworth KS 193 29003 Andrew MO 193 29021 Buchanan MO 194 42023 Cameron PA 194 42027 Centre PA 194 42033 Clearfield PA 194 42047 Elk PA 194 42065 Jefferson PA 195 16009 Benewah ID 195 16017 Bonner ID 195 16021 Boundary ID 195 16035 Clearwater ID 195 16049 Idaho ID 195 16055 Kootenai ID 195 16057 Latah ID 195 16061 Lewis ID 195 16069 Nez Perce ID 195 16079 Shoshone ID 196 29017 Bollinger MO 196 29023 Butler MO 196 29031 Cape Girardeau MO 196 29035 Carter MO 196 29093 Iron MO 196 29123 Madison MO 196 29133 Mississippi MO 196 29143 New Madrid MO 196 29157 Perry MO 196 29179 Reynolds MO 196 29181 Ripley MO 196 29201 Scott MO 196 29207 Stoddard MO 196 29223 Wayne MO 197 39013 Belmont OH 197 39081 Jefferson OH 197 39111 Monroe OH 197 54009 Brooke WV 197 54029 Hancock WV 197 54051 Marshall WV 197 54069 Ohio WV 197 54095 Tyler WV 197 54103 Wetzel WV 198 05021 Clay AR 198 05031 Craighead AR 198 05055 Greene AR 198 05075 Lawrence AR 198 05093 Mississippi AR 198 05111 Poinsett AR 198 05121 Randolph AR 198 29069 Dunklin MO 198 29155 Pemiscot MO 199 13111 Fannin GA 199 13123 Gilmer GA 199 13129 Gordon GA 199 13213 Murray GA 199 13227 Pickens GA 199 13281 Towns GA 199 13291 Union GA 199 13313 Whitfield GA 200 37033 Caswell NC 200 37157 Rockingham NC 200 51590 Danville City VA 200 51089 Henry VA 200 51690 Martinsville City VA 200 51141 Patrick VA 200 51143 Pittsylvania VA 201 48019 Bandera TX 201 48127 Dimmit TX 201 48163 Frio TX 201 48171 Gillespie TX 201 48259 Kendall TX 201 48265 Kerr TX 201 48283 La Salle TX 201 48323 Maverick TX 201 48325 Medina TX 201 48385 Real TX 201 48463 Uvalde TX 201 48507 Zavala TX 202 01113 Russell AL 202 13053 Chattahoochee GA 202 13145 Harris GA 202 13197 Marion GA 202 13215 Muscogee GA 202 13259 Stewart GA 202 13307 Webster GA 203 26009 Antrim MI 203 26019 Benzie MI 203 26055 Grand Traverse MI 203 26079 Kalkaska MI 203 26085 Lake MI 203 26089 Leelanau MI 203 26101 Manistee MI 203 26105 Mason MI 203 26113 Missaukee MI 203 26133 Osceola MI 203 26165 Wexford MI 204 21055 Crittenden KY 204 21059 Daviess KY 204 21091 Hancock KY 204 21101 Henderson KY 204 21107 Hopkins KY 204 21149 McLean KY 204 21177 Muhlenberg KY 204 21183 Ohio KY 204 21225 Union KY 204 21233 Webster KY 205 06023 Humboldt CA 205 06033 Lake CA 205 06045 Mendocino CA 205 06105 Trinity CA 206 53001 Adams WA 206 53007 Chelan WA 206 53017 Douglas WA 206 53025 Grant WA 206 53037 Kittitas WA 206 53047 Okanogan WA 207 13003 Atkinson GA 207 13005 Bacon GA 207 13025 Brantley GA 207 13039 Camden GA 207 13049 Charlton GA 207 13065 Clinch GA 207 13069 Coffee GA 207 13127 Glynn GA 207 13191 McIntosh GA 207 13229 Pierce GA 207 13299 Ware GA 208 37097 Iredell NC 208 37159 Rowan NC 209 55009 Brown WI 209 55029 Door WI 209 55061 Kewaunee WI 210 36007 Broome NY 210 36107 Tioga NY 210 42115 Susquehanna PA 211 40005 Atoka OK 211 40019 Carter OK 211 40029 Coal OK 211 40033 Cotton OK 211 40049 Garvin OK 211 40063 Hughes OK 211 40067 Jefferson OK 211 40069 Johnston OK 211 40085 Love OK 211 40095 Marshall OK 211 40099 Murray OK 211 40107 Okfuskee OK 211 40123 Pontotoc OK 211 40133 Seminole OK 211 40137 Stephens OK 212 02020 Anchorage Borough AK 213 41013 Crook OR 213 41017 Deschutes OR 213 41027 Hood River OR 213 41031 Jefferson OR 213 41037 Lake OR 213 41055 Sherman OR 213 41065 Wasco OR 213 53039 Klickitat WA 213 53059 Skamania WA 214 31109 Lancaster NE 215 37003 Alexander NC 215 37023 Burke NC 215 37035 Catawba NC 216 20021 Cherokee KS 216 20037 Crawford KS 216 29011 Barton MO 216 29097 Jasper MO 216 29145 Newton MO 216 40115 Ottawa OK 217 48303 Lubbock TX 218 55073 Marathon WI 218 55097 Portage WI 218 55141 Wood WI 219 19019 Buchanan IA 219 19021 Buena Vista IA 219 19023 Butler IA 219 19033 Cerro Gordo IA 219 19037 Chickasaw IA 219 19041 Clay IA 219 19059 Dickinson IA 219 19063 Emmet IA 219 19065 Fayette IA 219 19067 Floyd IA 219 19069 Franklin IA 219 19081 Hancock IA 219 19109 Kossuth IA 219 19131 Mitchell IA 219 19147 Palo Alto IA 219 19151 Pocahontas IA 219 19189 Winnebago IA 219 19195 Worth IA 220 48135 Ector TX 220 48329 Midland TX 221 48247 Jim Hogg TX 221 48479 Webb TX 221 48505 Zapata TX 222 47029 Cocke TN 222 47057 Grainger TN 222 47063 Hamblen TN 222 47067 Hancock TN 222 47089 Jefferson TN 222 47155 Sevier TN 223 19061 Dubuque IA 223 19097 Jackson IA 223 17085 Jo Daviess IL 223 55043 Grant WI 223 55045 Green WI 223 55049 Iowa WI 223 55065 Lafayette WI 224 17015 Carroll IL 224 17037 DeKalb IL 224 17103 Lee IL 224 17141 Ogle IL 224 17177 Stephenson IL 225 27055 Houston MN 225 55053 Jackson WI 225 55063 La Crosse WI 225 55081 Monroe WI 225 55121 Trempealeau WI 225 55123 Vernon WI 226 39003 Allen OH 226 39011 Auglaize OH 226 39107 Mercer OH 226 39137 Putnam OH 226 39161 Van Wert OH 227 36045 Jefferson NY 227 36049 Lewis NY 227 36089 St. Lawrence NY 228 51023 Botetourt VA 228 51045 Craig VA 228 51161 Roanoke VA 228 51770 Roanoke City VA 228 51775 Salem City VA 229 32009 Esmeralda NV 229 32017 Lincoln NV 229 32021 Mineral NV 229 32023 Nye NV 229 49001 Beaver UT 229 49017 Garfield UT 229 49021 Iron UT 229 49031 Piute UT 229 49053 Washington UT 230 37017 Bladen NC 230 37093 Hoke NC 230 37155 Robeson NC 230 37165 Scotland NC 231 31003 Antelope NE 231 31011 Boone NE 231 31021 Burt NE 231 31023 Butler NE 231 31025 Cass NE 231 31037 Colfax NE 231 31039 Cuming NE 231 31053 Dodge NE 231 31119 Madison NE 231 31125 Nance NE 231 31139 Pierce NE 231 31141 Platte NE 231 31143 Polk NE 231 31155 Saunders NE 231 31167 Stanton NE 231 31177 Washington NE 231 31179 Wayne NE 232 20013 Brown KS 232 20031 Coffey KS 232 20085 Jackson KS 232 20087 Jefferson KS 232 20139 Osage KS 232 20177 Shawnee KS 233 37045 Cleveland NC 233 37109 Lincoln NC 233 37161 Rutherford NC 234 37057 Davidson NC 234 37059 Davie NC 234 37197 Yadkin NC 235 48375 Potter TX 235 48381 Randall TX 236 31001 Adams NE 236 31015 Boyd NE 236 31017 Brown NE 236 31019 Buffalo NE 236 31035 Clay NE 236 31041 Custer NE 236 31047 Dawson NE 236 31071 Garfield NE 236 31077 Greeley NE 236 31079 Hall NE 236 31081 Hamilton NE 236 31089 Holt NE 236 31093 Howard NE 236 31103 Keya Paha NE 236 31115 Loup NE 236 31121 Merrick NE 236 31129 Nuckolls NE 236 31149 Rock NE 236 31163 Sherman NE 236 31175 Valley NE 236 31181 Webster NE 236 31183 Wheeler NE 237 13031 Bulloch GA 237 13043 Candler GA 237 13109 Evans GA 237 13179 Liberty GA 237 13183 Long GA 237 13251 Screven GA 237 13267 Tattnall GA 237 13305 Wayne GA 238 45031 Darlington SC 238 45041 Florence SC 238 45089 Williamsburg SC 239 37025 Cabarrus NC 239 37167 Stanly NC 240 51003 Albemarle VA 240 51540 Charlottesville City VA 240 51065 Fluvanna VA 240 51079 Greene VA 240 51109 Louisa VA 240 51125 Nelson VA 241 13001 Appling GA 241 13107 Emanuel GA 241 13141 Hancock GA 241 13161 Jeff Davis GA 241 13167 Johnson GA 241 13175 Laurens GA 241 13209 Montgomery GA 241 13237 Putnam GA 241 13271 Telfair GA 241 13279 Toombs GA 241 13283 Treutlen GA 241 13303 Washington GA 241 13309 Wheeler GA 242 22019 Calcasieu Parish LA 242 22023 Cameron Parish LA 242 22053 Jefferson Davis Parish LA 243 17127 Massac IL 243 21007 Ballard KY 243 21033 Caldwell KY 243 21035 Calloway KY 243 21039 Carlisle KY 243 21083 Graves KY 243 21139 Livingston KY 243 21143 Lyon KY 243 21157 Marshall KY 243 21145 McCracken KY 244 20017 Chase KS 244 20027 Clay KS 244 20041 Dickinson KS 244 20061 Geary KS 244 20111 Lyon KS 244 20117 Marshall KS 244 20127 Morris KS 244 20131 Nemaha KS 244 20149 Pottawatomie KS 244 20161 Riley KS 244 20197 Wabaunsee KS 244 20201 Washington KS 245 29009 Barry MO 245 29057 Dade MO 245 29067 Douglas MO 245 29091 Howell MO 245 29109 Lawrence MO 245 29153 Ozark MO 245 29209 Stone MO 245 29213 Taney MO 246 01027 Clay AL 246 01037 Coosa AL 246 01081 Lee AL 246 01087 Macon AL 246 01123 Tallapoosa AL 247 16027 Canyon ID 247 16039 Elmore ID 247 16073 Owyhee ID 248 45027 Clarendon SC 248 45055 Kershaw SC 248 45061 Lee SC 248 45085 Sumter SC 249 48041 Brazos TX 249 48185 Grimes TX 250 35013 Dona Ana NM 250 35051 Sierra NM 251 20007 Barber KS 251 20009 Barton KS 251 20033 Comanche KS 251 20047 Edwards KS 251 20051 Ellis KS 251 20053 Ellsworth KS 251 20097 Kiowa KS 251 20115 Marion KS 251 20113 McPherson KS 251 20135 Ness KS 251 20145 Pawnee KS 251 20151 Pratt KS 251 20159 Rice KS 251 20165 Rush KS 251 20167 Russell KS 251 20169 Saline KS 251 20185 Stafford KS 251 20195 Trego KS 252 19035 Cherokee IA 252 19093 Ida IA 252 19133 Monona IA 252 19141 O'Brien IA 252 19149 Plymouth IA 252 19167 Sioux IA 252 19193 Woodbury IA 252 46127 Union SD 253 55001 Adams WI 253 55021 Columbia WI 253 55023 Crawford WI 253 55057 Juneau WI 253 55077 Marquette WI 253 55103 Richland WI 253 55111 Sauk WI 254 55003 Ashland WI 254 55007 Bayfield WI 254 55019 Clark WI 254 55041 Forest WI 254 55067 Langlade WI 254 55069 Lincoln WI 254 55085 Oneida WI 254 55099 Price WI 254 55119 Taylor WI 254 55125 Vilas WI 255 28011 Bolivar MS 255 28015 Carroll MS 255 28027 Coahoma MS 255 28053 Humphreys MS 255 28055 Issaquena MS 255 28083 Leflore MS 255 28125 Sharkey MS 255 28133 Sunflower MS 255 28135 Tallahatchie MS 255 28151 Washington MS 256 51009 Amherst VA 256 51011 Appomattox VA 256 51031 Campbell VA 256 51083 Halifax VA 256 51680 Lynchburg City VA 257 56001 Albany WY 257 56005 Campbell WY 257 56009 Converse WY 257 56011 Crook WY 257 56021 Laramie WY 257 56027 Niobrara WY 257 56031 Platte WY 257 56045 Weston WY 258 01009 Blount AL 258 01043 Cullman AL 258 01057 Fayette AL 258 01093 Marion AL 258 01133 Winston AL 259 35005 Chaves NM 259 35015 Eddy NM 259 35025 Lea NM 259 48165 Gaines TX 259 48501 Yoakum TX 260 26007 Alpena MI 260 26029 Charlevoix MI 260 26031 Cheboygan MI 260 26039 Crawford MI 260 26047 Emmet MI 260 26119 Montmorency MI 260 26135 Oscoda MI 260 26137 Otsego MI 260 26141 Presque Isle MI 260 26143 Roscommon MI 261 27027 Clay MN 261 38017 Cass ND 262 45013 Beaufort SC 262 45049 Hampton SC 262 45053 Jasper SC 263 35019 Guadalupe NM 263 35028 Los Alamos NM 263 35033 Mora NM 263 35047 San Miguel NM 263 35049 Santa Fe NM 264 02013 Aleutians East Borough AK 264 02016 Aleutians West Census Area AK 264 02050 Bethel Census Area AK 264 02060 Bristol Bay Borough AK 264 02070 Dillingham Census Area AK 264 02122 Kenai Peninsula Borough AK 264 02150 Kodiak Island Borough AK 264 02164 Lake and Peninsula Borough AK 264 02170 Matanuska-Susitna Borough AK 264 02261 Valdez-Cordova Census Area AK 265 19089 Howard IA 265 19191 Winneshiek IA 265 27039 Dodge MN 265 27045 Fillmore MN 265 27099 Mower MN 265 27157 Wabasha MN 265 27169 Winona MN 265 55011 Buffalo WI 266 37009 Ashe NC 266 37011 Avery NC 266 37027 Caldwell NC 266 37189 Watauga NC 266 47091 Johnson TN 267 55071 Manitowoc WI 267 55117 Sheboygan WI 268 19031 Cedar IA 268 19045 Clinton IA 268 19115 Louisa IA 268 19139 Muscatine IA 268 17131 Mercer IL 268 17195 Whiteside IL 269 55101 Racine WI 270 17011 Bureau IL 270 17099 La Salle IL 270 17105 Livingston IL 270 17155 Putnam IL 271 36015 Chemung NY 271 42015 Bradford PA 271 42117 Tioga PA 272 48035 Bosque TX 272 48049 Brown TX 272 48083 Coleman TX 272 48093 Comanche TX 272 48133 Eastland TX 272 48143 Erath TX 272 48193 Hamilton TX 272 48217 Hill TX 272 48333 Mills TX 272 48425 Somervell TX 273 17039 De Witt IL 273 17113 McLean IL 274 16013 Blaine ID 274 16025 Camas ID 274 16031 Cassia ID 274 16047 Gooding ID 274 16053 Jerome ID 274 16063 Lincoln ID 274 16067 Minidoka ID 274 16083 Twin Falls ID 275 48001 Anderson TX 275 48213 Henderson TX 275 48349 Navarro TX 276 30011 Carter MT 276 38001 Adams ND 276 46019 Butte SD 276 46033 Custer SD 276 46047 Fall River SD 276 46063 Harding SD 276 46081 Lawrence SD 276 46093 Meade SD 276 46103 Pennington SD 276 46105 Perkins SD 277 20035 Cowley KS 277 20049 Elk KS 277 20073 Greenwood KS 277 20077 Harper KS 277 20079 Harvey KS 277 20095 Kingman KS 277 20155 Reno KS 277 20191 Sumner KS 278 20001 Allen KS 278 20019 Chautauqua KS 278 20099 Labette KS 278 20125 Montgomery KS 278 20133 Neosho KS 278 20205 Wilson KS 278 20207 Woodson KS 278 40035 Craig OK 278 40105 Nowata OK 278 40147 Washington OK 279 16041 Franklin ID 279 16071 Oneida ID 279 49003 Box Elder UT 279 49005 Cache UT 280 20025 Clark KS 280 20055 Finney KS 280 20057 Ford KS 280 20067 Grant KS 280 20069 Gray KS 280 20071 Greeley KS 280 20075 Hamilton KS 280 20081 Haskell KS 280 20083 Hodgeman KS 280 20093 Kearny KS 280 20101 Lane KS 280 20119 Meade KS 280 20129 Morton KS 280 20171 Scott KS 280 20175 Seward KS 280 20187 Stanton KS 280 20189 Stevens KS 280 20203 Wichita KS 280 40007 Beaver OK 280 40025 Cimarron OK 280 40139 Texas OK 281 40091 McIntosh OK 281 40101 Muskogee OK 281 40111 Okmulgee OK 281 40121 Pittsburg OK 282 17057 Fulton IL 282 17095 Knox IL 282 17123 Marshall IL 282 17125 Mason IL 282 17109 McDonough IL 282 17175 Stark IL 282 17187 Warren IL 283 36019 Clinton NY 283 36031 Essex NY 283 36033 Franklin NY 284 45001 Abbeville SC 284 45047 Greenwood SC 284 45059 Laurens SC 284 45065 McCormick SC 285 04001 Apache AZ 285 35006 Cibola NM 285 35031 McKinley NM 286 46099 Minnehaha SD 287 55059 Kenosha WI 288 48059 Callahan TX 288 48253 Jones TX 288 48441 Taylor TX 289 49007 Carbon UT 289 49013 Duchesne UT 289 49015 Emery UT 289 49019 Grand UT 289 49029 Morgan UT 289 49043 Summit UT 289 49047 Uintah UT 289 49051 Wasatch UT 289 49055 Wayne UT 290 27011 Big Stone MN 290 27117 Pipestone MN 290 27133 Rock MN 290 27155 Traverse MN 290 46005 Beadle SD 290 46011 Brookings SD 290 46025 Clark SD 290 46029 Codington SD 290 46039 Deuel SD 290 46051 Grant SD 290 46057 Hamlin SD 290 46077 Kingsbury SD 290 46079 Lake SD 290 46097 Miner SD 290 46101 Moody SD 290 46109 Roberts SD 290 46111 Sanborn SD 291 37123 Montgomery NC 291 37125 Moore NC 291 37153 Richmond NC 292 08101 Pueblo CO 293 21221 Trigg KY 293 47081 Hickman TN 293 47083 Houston TN 293 47085 Humphreys TN 293 47099 Lawrence TN 293 47101 Lewis TN 293 47135 Perry TN 293 47161 Stewart TN 293 47181 Wayne TN 294 19013 Black Hawk IA 294 19017 Bremer IA 295 40071 Kay OK 295 40103 Noble OK 295 40117 Pawnee OK 295 40119 Payne OK 296 42107 Schuylkill PA 297 41001 Baker OR 297 41021 Gilliam OR 297 41023 Grant OR 297 41049 Morrow OR 297 41059 Umatilla OR 297 41061 Union OR 297 41063 Wallowa OR 297 41069 Wheeler OR 298 02068 Denali Borough AK 298 02090 Fairbanks North Star Borough AK 298 02180 Nome Census Area AK 298 02185 North Slope Borough AK 298 02188 Northwest Arctic Borough AK 298 02240 Southeast Fairbanks Census Area AK 298 02270 Wade Hampton Census Area AK 298 02290 Yukon-Koyukuk Census Area AK 299 29001 Adair MO 299 29025 Caldwell MO 299 29033 Carroll MO 299 29049 Clinton MO 299 29061 Daviess MO 299 29063 DeKalb MO 299 29079 Grundy MO 299 29081 Harrison MO 299 29103 Knox MO 299 29117 Livingston MO 299 29129 Mercer MO 299 29171 Putnam MO 299 29197 Schuyler MO 299 29211 Sullivan MO 300 01011 Bullock AL 300 01013 Butler AL 300 01041 Crenshaw AL 300 01047 Dallas AL 300 01085 Lowndes AL 300 01105 Perry AL 300 01109 Pike AL 301 27109 Olmsted MN 302 40003 Alfalfa OK 302 40011 Blaine OK 302 40015 Caddo OK 302 40047 Garfield OK 302 40053 Grant OK 302 40073 Kingfisher OK 302 40093 Major OK 302 40151 Woods OK 303 30005 Blaine MT 303 30013 Cascade MT 303 30015 Chouteau MT 303 30035 Glacier MT 303 30041 Hill MT 303 30051 Liberty MT 303 30073 Pondera MT 303 30099 Teton MT 303 30101 Toole MT 304 37171 Surry NC 304 37193 Wilkes NC 305 40009 Beckham OK 305 40039 Custer OK 305 40043 Dewey OK 305 40045 Ellis OK 305 40055 Greer OK 305 40057 Harmon OK 305 40059 Harper OK 305 40065 Jackson OK 305 40075 Kiowa OK 305 40129 Roger Mills OK 305 40149 Washita OK 305 40153 Woodward OK 306 48077 Clay TX 306 48485 Wichita TX 307 19119 Lyon IA 307 31027 Cedar NE 307 31107 Knox NE 307 46009 Bon Homme SD 307 46027 Clay SD 307 46061 Hanson SD 307 46067 Hutchinson SD 307 46083 Lincoln SD 307 46087 McCook SD 307 46125 Turner SD 307 46135 Yankton SD 308 13079 Crawford GA 308 13081 Crisp GA 308 13093 Dooly GA 308 13193 Macon GA 308 13207 Monroe GA 308 13249 Schley GA 308 13261 Sumter GA 308 13269 Taylor GA 309 37015 Bertie NC 309 37029 Camden NC 309 37041 Chowan NC 309 37073 Gates NC 309 37091 Hertford NC 309 37139 Pasquotank NC 309 37143 Perquimans NC 310 29055 Crawford MO 310 29187 St. Francois MO 310 29186 Ste. Genevieve MO 310 29221 Washington MO 311 08003 Alamosa CO 311 08009 Baca CO 311 08011 Bent CO 311 08017 Cheyenne CO 311 08021 Conejos CO 311 08023 Costilla CO 311 08025 Crowley CO 311 08055 Huerfano CO 311 08061 Kiowa CO 311 08071 Las Animas CO 311 08079 Mineral CO 311 08089 Otero CO 311 08099 Prowers CO 311 08105 Rio Grande CO 311 08109 Saguache CO 311 35007 Colfax NM 312 35045 San Juan NM 313 48021 Bastrop TX 313 48055 Caldwell TX 313 48287 Lee TX 314 48073 Cherokee TX 314 48365 Panola TX 314 48401 Rusk TX 315 30003 Big Horn MT 315 30009 Carbon MT 315 30017 Custer MT 315 30025 Fallon MT 315 30075 Powder River MT 315 30079 Prairie MT 315 30087 Rosebud MT 315 30103 Treasure MT 315 56003 Big Horn WY 315 56019 Johnson WY 315 56029 Park WY 315 56033 Sheridan WY 316 16007 Bear Lake ID 316 16029 Caribou ID 316 49009 Daggett UT 316 49033 Rich UT 316 56007 Carbon WY 316 56023 Lincoln WY 316 56035 Sublette WY 316 56037 Sweetwater WY 316 56041 Uinta WY 317 31059 Fillmore NE 317 31067 Gage NE 317 31095 Jefferson NE 317 31097 Johnson NE 317 31127 Nemaha NE 317 31131 Otoe NE 317 31133 Pawnee NE 317 31147 Richardson NE 317 31151 Saline NE 317 31159 Seward NE 317 31169 Thayer NE 317 31185 York NE 318 27069 Kittson MN 318 27077 Lake of the Woods MN 318 27089 Marshall MN 318 27113 Pennington MN 318 27125 Red Lake MN 318 27135 Roseau MN 318 38005 Benson ND 318 38019 Cavalier ND 318 38027 Eddy ND 318 38063 Nelson ND 318 38067 Pembina ND 318 38071 Ramsey ND 318 38079 Rolette ND 318 38091 Steele ND 318 38095 Towner ND 318 38097 Traill ND 318 38099 Walsh ND 319 13095 Dougherty GA 319 13177 Lee GA 320 48235 Irion TX 320 48413 Schleicher TX 320 48435 Sutton TX 320 48451 Tom Green TX 321 18029 Dearborn IN 321 18047 Franklin IN 321 18115 Ohio IN 321 18137 Ripley IN 321 18155 Switzerland IN 322 38009 Bottineau ND 322 38013 Burke ND 322 38023 Divide ND 322 38049 McHenry ND 322 38053 McKenzie ND 322 38061 Mountrail ND 322 38075 Renville ND 322 38101 Ward ND 322 38105 Williams ND 323 35003 Catron NM 323 35053 Socorro NM 323 35057 Torrance NM 323 35061 Valencia NM 324 42103 Pike PA 324 42127 Wayne PA 325 38015 Burleigh ND 325 38059 Morton ND 326 27005 Becker MN 326 27087 Mahnomen MN 326 27107 Norman MN 326 27111 Otter Tail MN 326 27167 Wilkin MN 327 45017 Calhoun SC 327 45075 Orangeburg SC 328 04017 Navajo AZ 329 48047 Brooks TX 329 48131 Duval TX 329 48249 Jim Wells TX 329 48261 Kenedy TX 329 48273 Kleberg TX 329 48297 Live Oak TX 329 48311 McMullen TX 330 17033 Crawford IL 330 17047 Edwards IL 330 17101 Lawrence IL 330 17159 Richland IL 330 17185 Wabash IL 330 17191 Wayne IL 330 17193 White IL 331 48079 Cochran TX 331 48189 Hale TX 331 48219 Hockley TX 331 48279 Lamb TX 331 48305 Lynn TX 331 48437 Swisher TX 331 48445 Terry TX 332 37007 Anson NC 332 45025 Chesterfield SC 332 45069 Marlboro SC 333 39037 Darke OH 333 39149 Shelby OH 334 48011 Armstrong TX 334 48065 Carson TX 334 48075 Childress TX 334 48087 Collingsworth TX 334 48101 Cottle TX 334 48129 Donley TX 334 48179 Gray TX 334 48191 Hall TX 334 48195 Hansford TX 334 48211 Hemphill TX 334 48233 Hutchinson TX 334 48295 Lipscomb TX 334 48357 Ochiltree TX 334 48393 Roberts TX 334 48483 Wheeler TX 335 22031 De Soto Parish LA 335 22069 Natchitoches Parish LA 335 22081 Red River Parish LA 335 22085 Sabine Parish LA 336 27119 Polk MN 336 38035 Grand Forks ND 337 48097 Cooke TX 337 48237 Jack TX 337 48337 Montague TX 337 48363 Palo Pinto TX 338 08007 Archuleta CO 338 08033 Dolores CO 338 08067 La Plata CO 338 08083 Montezuma CO 338 08111 San Juan CO 339 31007 Banner NE 339 31013 Box Butte NE 339 31033 Cheyenne NE 339 31045 Dawes NE 339 31105 Kimball NE 339 31123 Morrill NE 339 31157 Scotts Bluff NE 339 31165 Sioux NE 339 56015 Goshen WY 340 35009 Curry NM 340 35011 DeBaca NM 340 35021 Harding NM 340 35037 Quay NM 340 35041 Roosevelt NM 340 35059 Union NM 341 35027 Lincoln NM 341 35035 Otero NM 342 46003 Aurora SD 342 46015 Brule SD 342 46017 Buffalo SD 342 46023 Charles Mix SD 342 46035 Davison SD 342 46043 Douglas SD 342 46053 Gregory SD 342 46059 Hand SD 342 46065 Hughes SD 342 46069 Hyde SD 342 46073 Jerauld SD 342 46085 Lyman SD 342 46117 Stanley SD 342 46119 Sully SD 342 46123 Tripp SD 343 48043 Brewster TX 343 48103 Crane TX 343 48105 Crockett TX 343 48243 Jeff Davis TX 343 48301 Loving TX 343 48371 Pecos TX 343 48377 Presidio TX 343 48383 Reagan TX 343 48389 Reeves TX 343 48443 Terrell TX 343 48461 Upton TX 343 48475 Ward TX 343 48495 Winkler TX 344 01007 Bibb AL 344 01021 Chilton AL 344 01065 Hale AL 345 45039 Fairfield SC 345 45071 Newberry SC 345 45081 Saluda SC 346 37039 Cherokee NC 346 37043 Clay NC 346 37075 Graham NC 346 37113 Macon NC 347 22037 East Feliciana Parish LA 347 22077 Pointe Coupee Parish LA 347 22091 St. Helena Parish LA 347 22125 West Feliciana Parish LA 347 28157 Wilkinson MS 348 46013 Brown SD 348 46021 Campbell SD 348 46037 Day SD 348 46041 Dewey SD 348 46045 Edmunds SD 348 46049 Faulk SD 348 46091 Marshall SD 348 46089 McPherson SD 348 46107 Potter SD 348 46115 Spink SD 348 46129 Walworth SD 348 46137 Ziebach SD 349 37111 McDowell NC 349 37121 Mitchell NC 349 37199 Yancey NC 350 05037 Cross AR 350 05077 Lee AR 350 05107 Phillips AR 350 05123 St. Francis AR 351 30109 Wibaux MT 351 38007 Billings ND 351 38011 Bowman ND 351 38025 Dunn ND 351 38029 Emmons ND 351 38033 Golden Valley ND 351 38037 Grant ND 351 38041 Hettinger ND 351 38043 Kidder ND 351 38047 Logan ND 351 38051 McIntosh ND 351 38055 McLean ND 351 38057 Mercer ND 351 38065 Oliver ND 351 38085 Sioux ND 351 38087 Slope ND 351 38089 Stark ND 351 46031 Corson SD 352 48177 Gonzales TX 352 48255 Karnes TX 352 48493 Wilson TX 353 17075 Iroquois IL 353 18073 Jasper IN 353 18111 Newton IN 354 55135 Waupaca WI 354 55137 Waushara WI 355 56025 Natrona WY 356 53019 Ferry WA 356 53043 Lincoln WA 356 53051 Pend Oreille WA 356 53065 Stevens WA 357 35039 Rio Arriba NM 357 35055 Taos NM 358 48031 Blanco TX 358 48053 Burnet TX 358 48299 Llano TX 359 08075 Logan CO 359 08087 Morgan CO 359 08095 Phillips CO 359 08121 Washington CO 359 08125 Yuma CO 359 31057 Dundy NE 360 02100 Haines Borough AK 360 02105 Hoonah-Angoon Census Area AK 360 02110 Juneau Borough AK 360 02130 Ketchikan Gateway Borough AK 360 02195 Petersburg AK 360 02198 Prince of Wales-Hyder AK 360 02220 Sitka Borough AK 360 02230 Skagway Municipality AK 360 02275 Wrangell AK 360 02282 Yakutat Borough AK 361 49023 Juab UT 361 49027 Millard UT 361 49039 Sanpete UT 361 49041 Sevier UT 362 16003 Adams ID 362 16015 Boise ID 362 16045 Gem ID 362 16075 Payette ID 362 16085 Valley ID 362 16087 Washington ID 363 48003 Andrews TX 363 48033 Borden TX 363 48115 Dawson TX 363 48173 Glasscock TX 363 48227 Howard TX 363 48317 Martin TX 364 30001 Beaverhead MT 364 30007 Broadwater MT 364 30023 Deer Lodge MT 364 30043 Jefferson MT 364 30093 Silver Bow MT 365 40141 Tillman OK 365 48009 Archer TX 365 48023 Baylor TX 365 48155 Foard TX 365 48197 Hardeman TX 365 48429 Stephens TX 365 48447 Throckmorton TX 365 48487 Wilbarger TX 365 48503 Young TX 366 53003 Asotin WA 366 53023 Garfield WA 366 53075 Whitman WA 367 29007 Audrain MO 367 29137 Monroe MO 367 29175 Randolph MO 367 29205 Shelby MO 368 20029 Cloud KS 368 20039 Decatur KS 368 20065 Graham KS 368 20089 Jewell KS 368 20105 Lincoln KS 368 20123 Mitchell KS 368 20137 Norton KS 368 20141 Osborne KS 368 20143 Ottawa KS 368 20147 Phillips KS 368 20153 Rawlins KS 368 20157 Republic KS 368 20163 Rooks KS 368 20183 Smith KS 369 19003 Adams IA 369 19071 Fremont IA 369 19129 Mills IA 369 19137 Montgomery IA 369 19145 Page IA 369 19173 Taylor IA 369 29005 Atchison MO 370 19011 Benton IA 370 19095 Iowa IA 370 19183 Washington IA 371 37005 Alleghany NC 371 51640 Galax City VA 371 51077 Grayson VA 371 51197 Wythe VA 372 08039 Elbert CO 372 08063 Kit Carson CO 372 08073 Lincoln CO 372 20023 Cheyenne KS 372 20063 Gove KS 372 20109 Logan KS 372 20179 Sheridan KS 372 20181 Sherman KS 372 20193 Thomas KS 372 20199 Wallace KS 373 53013 Columbia WA 373 53071 Walla Walla WA 374 08115 Sedgwick CO 374 31005 Arthur NE 374 31009 Blaine NE 374 31029 Chase NE 374 31049 Deuel NE 374 31069 Garden NE 374 31091 Hooker NE 374 31101 Keith NE 374 31111 Lincoln NE 374 31113 Logan NE 374 31117 McPherson NE 374 31135 Perkins NE 374 31171 Thomas NE 375 35017 Grant NM 375 35023 Hidalgo NM 375 35029 Luna NM 376 48111 Dallam TX 376 48117 Deaf Smith TX 376 48205 Hartley TX 376 48341 Moore TX 376 48359 Oldham TX 376 48421 Sherman TX 377 01023 Choctaw AL 377 01063 Greene AL 377 01091 Marengo AL 377 01119 Sumter AL 378 13033 Burke GA 378 13125 Glascock GA 378 13163 Jefferson GA 378 13165 Jenkins GA 378 13301 Warren GA 379 26033 Chippewa MI 379 26095 Luce MI 379 26097 Mackinac MI 380 26003 Alger MI 380 26041 Delta MI 380 26153 Schoolcraft MI 381 48137 Edwards TX 381 48271 Kinney TX 381 48465 Val Verde TX 382 56013 Fremont WY 382 56017 Hot Springs WY 382 56043 Washakie WY 383 19039 Clarke IA 383 19053 Decatur IA 383 19117 Lucas IA 383 19159 Ringgold IA 383 19175 Union IA 383 19185 Wayne IA 384 19005 Allamakee IA 384 19043 Clayton IA 384 19055 Delaware IA 385 29111 Lewis MO 385 29127 Marion MO 385 29173 Ralls MO 386 45005 Allendale SC 386 45009 Bamberg SC 386 45011 Barnwell SC 387 38003 Barnes ND 387 38021 Dickey ND 387 38039 Griggs ND 387 38045 LaMoure ND 387 38073 Ransom ND 387 38077 Richland ND 387 38081 Sargent ND 388 19009 Audubon IA 388 19029 Cass IA 388 19085 Harrison IA 388 19165 Shelby IA 389 31061 Franklin NE 389 31063 Frontier NE 389 31065 Furnas NE 389 31073 Gosper NE 389 31083 Harlan NE 389 31085 Hayes NE 389 31087 Hitchcock NE 389 31099 Kearney NE 389 31137 Phelps NE 389 31145 Red Willow NE 390 48151 Fisher TX 390 48335 Mitchell TX 390 48353 Nolan TX 390 48415 Scurry TX 391 41025 Harney OR 391 41045 Malheur OR 392 29075 Gentry MO 392 29087 Holt MO 392 29147 Nodaway MO 392 29227 Worth MO 393 29041 Chariton MO 393 29115 Linn MO 393 29121 Macon MO 394 46007 Bennett SD 394 46055 Haakon SD 394 46071 Jackson SD 394 46075 Jones SD 394 46095 Mellette SD 394 46113 Shannon SD 394 46121 Todd SD 395 38031 Foster ND 395 38069 Pierce ND 395 38083 Sheridan ND 395 38093 Stutsman ND 395 38103 Wells ND 396 19001 Adair IA 396 19077 Guthrie IA 396 19121 Madison IA 397 01075 Lamar AL 397 01107 Pickens AL 398 31043 Dakota NE 398 31051 Dixon NE 398 31173 Thurston NE 399 48281 Lampasas TX 399 48411 San Saba TX 400 48017 Bailey TX 400 48069 Castro TX 400 48369 Parmer TX 401 48045 Briscoe TX 401 48107 Crosby TX 401 48125 Dickens TX 401 48153 Floyd TX 401 48169 Garza TX 401 48263 Kent TX 401 48345 Motley TX 402 48095 Concho TX 402 48267 Kimble TX 402 48319 Mason TX 402 48307 McCulloch TX 402 48327 Menard TX 403 30027 Fergus MT 403 30045 Judith Basin MT 403 30059 Meagher MT 403 30071 Phillips MT 403 30107 Wheatland MT 404 49025 Kane UT 404 49037 San Juan UT 405 56039 Teton WY 406 19105 Jones IA 407 16023 Butte ID 407 16037 Custer ID 407 16059 Lemhi ID 408 48081 Coke TX 408 48399 Runnels TX 408 48431 Sterling TX 409 48207 Haskell TX 409 48269 King TX 409 48275 Knox TX 409 48417 Shackelford TX 409 48433 Stonewall TX 410 31031 Cherry NE 410 31075 Grant NE 410 31161 Sheridan NE 411 48109 Culberson TX 411 48229 Hudspeth TX 412 72001 Adjuntas PR 412 72003 Aguada PR 412 72005 Aguadilla PR 412 72007 Aguas Buenas PR 412 72009 Aibonito PR 412 72011 Anasco PR 412 72013 Arecibo PR 412 72015 Arroyo PR 412 72017 Barceloneta PR 412 72019 Barranquitas PR 412 72021 Bayamon PR 412 72023 Cabo Rojo PR 412 72025 Caguas PR 412 72027 Camuy PR 412 72029 Canovanas PR 412 72031 Carolina PR 412 72033 Catano PR 412 72035 Cayey PR 412 72037 Ceiba PR 412 72039 Ciales PR 412 72041 Cidra PR 412 72043 Coamo PR 412 72045 Comerio PR 412 72047 Corozal PR 412 72049 Culebra PR 412 72051 Dorado PR 412 72053 Fajardo PR 412 72054 Florida PR 412 72055 Guanica PR 412 72057 Guayama PR 412 72059 Guayanilla PR 412 72061 Guaynabo PR 412 72063 Gurabo PR 412 72065 Hatillo PR 412 72067 Hormigueros PR 412 72069 Humacao PR 412 72071 Isabela PR 412 72073 Jayuya PR 412 72075 Juana Diaz PR 412 72077 Juncos PR 412 72079 Lajas PR 412 72081 Lares PR 412 72083 Las Marias PR 412 72085 Las Piedras PR 412 72087 Loiza PR 412 72089 Luquillo PR 412 72091 Manati PR 412 72093 Maricao PR 412 72095 Maunabo PR 412 72097 Mayaguez PR 412 72099 Moca PR 412 72101 Morovis PR 412 72103 Naguabo PR 412 72105 Naranjito PR 412 72107 Orocovis PR 412 72109 Patillas PR 412 72111 Penuelas PR 412 72113 Ponce PR 412 72115 Quebradillas PR 412 72117 Rincon PR 412 72119 Rio Grande PR 412 72121 Sabana Grande PR 412 72123 Salinas PR 412 72125 San German PR 412 72127 San Juan PR 412 72129 San Lorenzo PR 412 72131 San Sebastian PR 412 72133 Santa Isabel PR 412 72135 Toa Alta PR 412 72137 Toa Baja PR 412 72139 Trujillo Alto PR 412 72141 Utuado PR 412 72143 Vega Alta PR 412 72145 Vega Baja PR 412 72147 Vieques PR 412 72149 Villalba PR 412 72151 Yabucoa PR 412 72153 Yauco PR 413 66010 Guam GU. 413 69085 Northern Islands MP 413 69100 Rota MP 413 69110 Saipan MP 413 69120 Tinian MP 414 78010 St. Croix VI 414 78020 St. John VI 414 78030 St. Thomas VI 415 60010 Eastern District AS 415 60020 Manu'a District AS 415 60030 Rose Island AS 415 60040 Swains Island AS 415 60050 Western District AS 416 99023 Gulf of Mexico Central and East GM 416 99001 Gulf of Mexico West GM [ 85 FR 22865 , Apr. 23, 2020] Subpart B—Applications and Licenses § 27.10 Regulatory status. The following rules apply concerning the regulatory status in the frequency bands specified in § 27.5 . ( a ) Single authorization. Authorization will be granted to provide any or a combination of the following services in a single license: common carrier, non-common carrier, private internal communications, and broadcast services. A licensee may render any kind of communications service consistent with the regulatory status in its license and with the Commission's rules applicable to that service. An applicant or licensee may submit a petition at any time requesting clarification of the regulatory status for which authorization is required to provide a specific communications service. ( b ) Designation of regulatory status in initial application. An applicant shall specify in its initial application if it is requesting authorization to provide common carrier, non-common carrier, private internal communications, or broadcast services, or a combination thereof. ( c ) Amendment of pending applications. The following rules apply to amendments of a pending application. ( 1 ) Any pending application may be amended to: ( i ) Change the carrier regulatory status requested, or ( ii ) Add to the pending request in order to obtain common carrier, non-common carrier, private internal communications, or broadcast services status, or a combination thereof, in a single license. ( 2 ) Amendments to change, or add to, the carrier regulatory status in a pending application are minor amendments filed under § 1.927 of this chapter . ( d ) Modification of license. The following rules apply to amendments of a license. ( 1 ) A licensee may modify a license to: ( i ) Change the regulatory status authorized, or ( ii ) Add to the status authorized in order to obtain a combination of services of different regulatory status in a single license. ( 2 ) Applications to change, or add to, the carrier status in a license are modifications not requiring prior Commission authorization. The licensee must notify the Commission within 30 days of the change. If the change results in the discontinuance, reduction, or impairment of an existing service, the licensee is subject to the provisions of § 27.66 . [ 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 FR 66286 , Nov. 25, 2003; 72 FR 27709 , May 16, 2007] § 27.11 Initial authorization. ( a ) An applicant must file a single application for an initial authorization for all markets won and frequency blocks desired. Initial authorizations shall be granted in accordance with § 27.5 . Applications for individual sites are not required and will not be accepted, except where required for environmental assessments, in accordance with §§ 1.1301 through 1.1319 of this chapter . ( b ) 2305-2320 MHz and 2345-2360 MHz bands. Initial authorizations for the 2305-2320 MHz and 2345-2360 MHz bands shall be for 10 megahertz of spectrum in accordance with § 27.5(a) . ( 1 ) Authorizations for Blocks A and B will be based on Major Economic Areas (MEAs), as specified in § 27.6(a)(1) . ( 2 ) Authorizations for Blocks C and D will be based on Regional Economic Area Groupings (REAGs), as specified in § 27.6(a)(2) . ( c ) 746-758 MHz, 775-788 MHz, and 805-806 MHz bands. Initial authorizations for the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands shall be for paired channels of 1, 5, 6, or 11 megahertz of spectrum in accordance with § 27.5(b) . ( 1 ) Authorizations for Block A, consisting of two paired channels of 1 megahertz each, will be based on those geographic areas specified in § 27.6(b)(1) . ( 2 ) Authorizations for Block B, consisting of two paired channels of 1 megahertz each, will be based on those geographic areas specified in § 27.6(b)(1) . ( 3 ) Authorizations for Block C, consisting of two paired channels of 11 megahertz each, will be based on those geographic areas specified in § 27.6(b)(2) . In the event that no licenses granting authorizations for Block C, consisting of two paired channels of 11 megahertz each, are assigned based on the results of the first auction in which such licenses are offered because the auction results do not satisfy the applicable reserve price, then the authorizations for the spectrum in the 746-757 MHz and 776-787 MHz bands will instead be as follows: ( i ) Authorizations for Block C1, consisting of two paired channels of 6 megahertz each in the 746-752 MHz and 776-782 MHz bands, will be based on those geographic areas specified in § 27.6(b)(2)(i) . ( ii ) Authorizations for Block C2, consisting of two paired channels of 5 megahertz each in the 752-757 MHz and 782-787 MHz bands, will be based on those geographic areas specified in § 27.6(b)(2)(ii) . ( d ) 698-746 MHz band. Initial authorizations for the 698-746 MHz band shall be for 6 or 12 megahertz of spectrum in accordance with § 27.5(c) . ( 1 ) Authorizations for Block A, consisting of two paired channels of 6 megahertz each, will be based on those geographic areas specified in § 27.6(c)(1) . ( 2 ) Authorizations for Block B, consisting of two paired channels of 6 megahertz each, will be based on those geographic areas specified in § 27.6(c)(2) . ( 3 ) Authorizations for Block C, consisting of two paired channels of 6 megahertz each, will be based on those geographic areas specified in § 27.6(c)(2) . ( 4 ) Authorizations for Block D, consisting of an unpaired channel block of 6 megahertz, will be based on those geographic areas specified in § 27.6(c)(3) . ( 5 ) Authorizations for Block E, consisting of an unpaired channel block of 6 megahertz, will be based on those geographic areas specified in § 27.6(c)(1) . ( e ) 1390-1392 MHz band. Initial authorizations for the 1390-1392 MHz band shall be for 2 megahertz of spectrum in accordance with § 27.5(d) . Authorizations will be based on Major Economic Areas (MEAs), as specified in § 27.6(d) . ( f ) The paired 1392-1395 MHz and 1432-1435 MHz bands. Initial authorizations for the paired 1392-1395 MHz and 1432-1435 MHz bands shall be for 3 megahertz of paired spectrum in accordance with § 27.5(e) . Authorization for Blocks A and B will be based on Economic Areas Groupings (EAGs), as specified in § 27.6(e) . ( g ) 1670-1675 MHz band. Initial authorizations for the 1670-1675 MHz band shall be for 5 megahertz of spectrum in accordance with § 27.5(f) . Authorizations will be on a nationwide basis. ( h ) [Reserved] ( i ) 1710-1755 MHz and 2110-2155 MHz bands. Initial authorizations for the 1710-1755 MHz and 2110-2155 MHz bands shall be for 5 or 10 megahertz of spectrum in each band in accordance with § 27.5(h) of this part . ( 1 ) Authorizations for Block A, consisting of two paired channels of 10 megahertz each, will be based on those geographic areas specified in § 27.6(h)(1) . ( 2 ) Authorizations for Block B, consisting of two paired channels of 10 megahertz each, will be based on those geographic areas specified in § 27.6(h)(2) . ( 3 ) Authorizations for Block C, consisting of two paired channels of 5 megahertz each, will be based on those geographic areas specified in § 27.6(h)(2) . ( 4 ) Authorizations for Blocks D, consisting of two paired channels of 5 megahertz each, will be based on those geographic areas specified in § 27.6(h)(3) . ( 5 ) Authorizations for Blocks E, consisting of two paired channels of 5 megahertz each, will be based on those geographic areas specified in § 27.6(h)(3) . ( 6 ) Authorizations for Block F, consisting of two paired channels of 10 megahertz each, will be based on those geographic areas specified in § 27.6(h)(3) . ( j ) 1695-1710 MHz, 1755-1780 MHz and 2155-2180 MHz bands. ( 1 ) Initial authorizations for the 1695-1710 MHz band shall be based on the frequency blocks specified in § 27.5(h)(3) and the corresponding service area specified in § 27.6(k)(2) . ( 2 ) Initial authorizations for the 1755-1780 MHz and 2155-2180 MHz shall be based on the paired frequency blocks specified in § 27.5(h)(1) and (2) and the corresponding service areas specified in § 27.6(k)(1) and (2) . ( k ) 600 MHz band. Initial authorizations for the 600 MHz band will be based on Partial Economic Areas (PEAs), as specified in § 27.6(1) , and, shall be paired channels that each consist of a 5 megahertz channel block in the 600 MHz downlink band (617-652 MHz), paired with a 5 megahertz channel block in the 600 MHz uplink band (663-698 MHz), based on the frequency blocks specified in § 27.5(l) . ( l ) 3700-3980 MHz band. Authorizations for licenses in the 3.7 GHz Service will be based on Partial Economic Areas (PEAs), as specified in § 27.6(m) , and the frequency sub-blocks specified in § 27.5(m) . ( m ) 3450-3550 MHz band. Authorizations for licenses in the 3.45 GHz Service will be based on Partial Economic Areas (PEAs), as specified in § 27.6(n) , and the frequency blocks specified in § 27.5(o) . [ 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 41854 , 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, 2005; 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 , Oct. 11, 2017; 85 FR 22881 , Apr. 23, 2020; 86 FR 17952 , Apr. 7, 2021] § 27.12 Eligibility. ( a ) Except as provided in paragraph (b) of this section and in §§ 27.604 , 27.1201 , 27.1202 , and 27.1503 , any entity other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310 , is eligible to hold a license under this part. ( 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 13 (Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 , 125 Stat. 156 (2012)) to be assigned by a system of competitive bidding under § 309(j) of the Communications Act, 47 U.S.C. 309(j) . [ 78 FR 50254 , Aug. 16, 2013, as amended at 85 FR 43134 , July 16, 2020] § 27.13 License period. ( a ) 2305-2320 MHz and 2345-2360 MHz bands. Initial WCS authorizations for the 2305-2320 MHz and 2345-2360 MHz bands will have a term not to exceed ten years from the date of original issuance or renewal. ( b ) 698-763 MHz, 776-793, 775-776, and 805-806 MHz bands. Initial authorizations for the 698-758 MHz and 776-788 MHz bands will extend for a term not to exceed ten years from June 13, 2009, except that initial authorizations for a part 27 licensee that provides broadcast services, whether exclusively or in combination with other services, will not exceed eight years. Initial authorizations for the 775-776 MHz and 805-806 MHz bands shall not exceed April 27, 2015. Licensees that initiate the provision of a broadcast service, whether exclusively or in combination with other services, may not provide this service for more than eight years or beyond the end of the license term if no broadcast service had been provided, whichever period is shorter in length. ( c ) 1390-1392 MHz band. Initial authorizations for the 1390-1392 MHz band will have a term not to exceed ten years from the date of initial issuance or renewal. ( d ) The paired 1392-1395 and 1432-1435 MHz bands. Initial WCS authorizations for the paired 1392-1395 MHz and 1432-1435 MHz bands will have a term not to exceed ten years from the date of initial issuance or renewal. ( e ) 1670-1675 MHz band. Initial authorizations for the 1670-1675 MHz band will have a term not to exceed ten years from the date of initial issuance or renewal. ( f ) [Reserved] ( g ) 1710-1755 MHz and 2110-2155 MHz bands. Authorizations for the 1710-1755 MHz and 2110-2155 MHz bands will have a term not to exceed ten years from the date of initial issuance or renewal, except that authorizations issued on or before December 31, 2009, shall have a term of fifteen years. ( h ) BRS and EBS. BRS and EBS authorizations shall have a term not to exceed ten years from the date of original issuance or renewal. Unless otherwise specified by the Commission, incumbent BRS authorizations shall expire on May 1 in the year of expiration. ( i ) 2000-2020 MHz and 2180-2200 MHz bands. Authorizations for the 2000-2020 MHz and 2180-2200 MHz bands will have a term not to exceed ten years from the date of issuance or renewal. ( j ) 1915-1920 MHz and 1995-2000 MHz bands. Authorizations for 1915-1920 MHz and 1995-2000 MHz bands will have a term not to exceed ten years from the date of issuance or renewal. ( k ) 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands. Authorizations for the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands will have a term not to exceed twelve (12) years from the date of issuance and ten (10) years from the date of any subsequent license renewal. ( l ) 600 MHz band. Authorizations for the 600 MHz band will have an initial term not to exceed twelve years from the date of issuance and ten years from the date of any subsequent license renewal. ( m ) 3700-3980 MHz band. Authorizations for licenses in the 3.7 GHz Service in the 3700-3980 MHz band will have a term not to exceed 15 years from the date of issuance or renewal. ( n ) 900 MHz broadband. Authorizations for broadband licenses in the 897.5-900.5 MHz and 936.5-939.5 MHz bands will have a term not to exceed 15 years from the date of initial issuance and ten (10) years from the date of any subsequent renewal. ( o ) 3450-3550 MHz Band. Authorizations for licenses in the 3.45 GHz Service in the 3450-3550 MHz band will have a term not to exceed fifteen (15) years from the date of issuance. [ 65 FR 3146 , Jan. 20, 2000] Editorial Note Editorial Note: For Federal Register citations affecting § 27.13 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.14 Construction requirements. ( a ) AWS and WCS licensees, with the exception of WCS licensees holding authorizations for the 600 MHz band, Block A in the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the 722-728 MHz band, Block C, C1, or C2 in the 746-757 MHz and 776-787 MHz bands, Block A in the 2305-2310 MHz and 2350-2355 MHz bands, Block B in the 2310-2315 MHz and 2355-2360 MHz bands, Block C in the 2315-2320 MHz band, Block D in the 2345-2350 MHz band, in the 3450-3550 MHz band, and in the 3700-3980 MHz band, and with the exception of licensees holding AWS authorizations in the 1915-1920 MHz and 1995-2000 MHz bands, the 2000-2020 MHz and 2180-2200 MHz bands, or 1695-1710 MHz, 1755-1780 MHz and 2155-2180 MHz bands, must, as a performance requirement, make a showing of “substantial service” in their license area within the prescribed license term set forth in § 27.13 . “Substantial service” is defined as service which is sound, favorable and substantially above a level of mediocre service which just might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. ( b ) - ( f ) [Reserved] ( g ) WCS licensees holding EA authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, cellular market authorizations for Block B in the 704-710 MHz and 734-740 MHz bands, or EA authorizations for Block E in the 722-728 MHz band, if the results of the first auction in which licenses for such authorizations are offered satisfy the reserve price for the applicable block, shall provide signal coverage and offer service over at least 35 percent of the geographic area of each of their license authorizations no later than June 13, 2013 (or within four years of initial license grant if the initial authorization in a market is granted after June 13, 2009), and shall provide such service over at least 70 percent of the geographic area of each of these authorizations by the end of the license term. In applying these geographic benchmarks, licensees are not required to include land owned or administered by government as a part of the relevant service area. Licensees may count covered government land for purposes of meeting their geographic construction benchmark, but are required to add the covered government land to the total geographic area used for measurement purposes. Licensees are required to include those populated lands held by tribal governments and those held by the Federal Government in trust or for the benefit of a recognized tribe. ( 1 ) If an EA or CMA licensee holding an authorization in these particular blocks fails to provide signal coverage and offer service over at least 35 percent of the geographic area of its license authorization by no later than June 13, 2013 (or within four years of initial license grant, if the initial authorization in a market is granted after June 13, 2009), the term of that license authorization will be reduced by two years and such licensee may be subject to enforcement action, including forfeitures. In addition, an EA or CMA licensee that provides signal coverage and offers service at a level that is below this interim benchmark may lose authority to operate in part of the remaining unserved areas of the license. ( 2 ) If any such EA or CMA licensee fails to provide signal coverage and offer service to at least 70 percent of the geographic area of its license authorization by the end of the license term, that licensee's authorization will terminate automatically without Commission action for those geographic portions of its license in which the licensee is not providing service, and those unserved areas will become available for reassignment by the Commission. Such licensee may also be subject to enforcement action, including forfeitures. In addition, an EA or CMA licensee that provides signal coverage and offers service at a level that is below this end-of-term benchmark may be subject to license termination. In the event that a licensee's authority to operate in a license area terminates automatically without Commission action, such areas will become available for reassignment pursuant to the procedures in paragraph (j) of this section. ( 3 ) For licenses under paragraph (g) of this section, the geographic service area to be made available for reassignment must include a contiguous area of at least 130 square kilometers (50 square miles), and areas smaller than a contiguous area of at least 130 square kilometers (50 square miles) will not be deemed unserved. ( h ) WCS licensees holding REAG authorizations for Block C in the 746-757 MHz and 776-787 MHz bands or REAG authorizations for Block C2 in the 752-757 MHz and 782-787 MHz bands shall provide signal coverage and offer service over at least 40 percent of the population in each EA comprising the REAG license area no later than June 13, 2013 (or within four years of initial license grant, if the initial authorization in a market is granted after June 13, 2009), and shall provide such service over at least 75 percent of the population of each of these EAs by the end of the license term. For purposes of compliance with this requirement, licensees should determine population based on the most recently available U.S. Census Data. ( 1 ) If a licensee holding a Block C authorization fails to provide signal coverage and offer service over at least 40 percent of the population in each EA comprising the REAG license area by no later than June 13, 2013 (or within four years of initial license grant if the initial authorization in a market is granted after June 13, 2009), the term of the license authorization will be reduced by two years and such licensee may be subject to enforcement action, including forfeitures. In addition, a licensee that provides signal coverage and offers service at a level that is below this interim benchmark may lose authority to operate in part of the remaining unserved areas of the license. ( 2 ) If a licensee holding a Block C authorization fails to provide signal coverage and offer service over at least 75 percent of the population in any EA comprising the REAG license area by the end of the license term, for each such EA that licensee's authorization will terminate automatically without Commission action for those geographic portions of its license in which the licensee is not providing service. Such licensee may also be subject to enforcement action, including forfeitures. In the event that a licensee's authority to operate in a license area terminates automatically without Commission action, such areas will become available for reassignment pursuant to the procedures in paragraph (j) of this section. In addition, a REAG licensee that provides signal coverage and offers service at a level that is below this end-of-term benchmark within any EA may be subject to license termination within that EA. ( 3 ) For licenses under paragraph (h), the geographic service area to be made available for reassignment must include a contiguous area of at least 130 square kilometers (50 square miles), and areas smaller than a contiguous area of at least 130 square kilometers (50 square miles) will not be deemed unserved. ( i ) WCS licensees holding EA authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, cellular market authorizations for Block B in the 704-710 MHz and 734-740 MHz bands, or EA authorizations for Block E in the 722-728 MHz band, if the results of the first auction in which licenses for such authorizations in Blocks A, B, and E are offered do not satisfy the reserve price for the applicable block, as well as EA authorizations for Block C1 in the 746-752 MHz and 776-782 MHz bands, are subject to the following: ( 1 ) If a licensee holding a cellular market area or EA authorization subject to this paragraph (i) fails to provide signal coverage and offer service over at least 40 percent of the population in its license area by no later than June 13, 2013 (or within four years of initial license grant, if the initial authorization in a market is granted after June 13, 2009), the term of that license authorization will be reduced by two years and such licensee may be subject to enforcement action, including forfeitures. In addition, such licensee that provides signal coverage and offers service at a level that is below this interim benchmark may lose authority to operate in part of the remaining unserved areas of the license. For purposes of compliance with this requirement, licensees should determine population based on the most recently available U.S. Census Data. ( 2 ) If a licensee holding a cellular market area or EA authorization subject to this paragraph (i) fails to provide signal coverage and offer service over at least 75 percent of the population in its license area by the end of the license term, that licensee's authorization will terminate automatically without Commission action for those geographic portions of its license in which the licensee is not providing service, and those unserved areas will become available for reassignment by the Commission. Such licensee may also be subject to enforcement action, including forfeitures. In the event that a licensee's authority to operate in a license area terminates automatically without Commission action, such areas will become available for reassignment pursuant to the procedures in paragraph (j) of this section. In addition, such a licensee that provides signal coverage and offers service at a level that is below this end-of-term benchmark may be subject to license termination. For purposes of compliance with this requirement, licensees should determine population based on the most recently available U.S. Census Data. ( 3 ) For licenses under paragraph (i), the geographic service area to be made available for reassignment must include a contiguous area of at least 130 square kilometers (50 square miles), and areas smaller than a contiguous area of at least 130 square kilometers (50 square miles) will not be deemed unserved. ( j ) In the event that a licensee's authority to operate in a license area terminates automatically under paragraphs (g) , (h) , or (i) of this section, such areas will become available for reassignment pursuant to the following procedures: ( 1 ) The Wireless Telecommunications Bureau is delegated authority to announce by public notice that these license areas will be made available and establish a 30-day window during which third parties may file license applications to serve these areas. During this 30-day period, licensees that had their authority to operate terminate automatically for unserved areas may not file applications to provide service to these areas. Applications filed by third parties that propose areas overlapping with other applications will be deemed mutually exclusive, and will be resolved through an auction. The Wireless Telecommunications Bureau, by public notice, may specify a limited period before the filing of short-form applications (FCC Form 175) during which applicants may enter into a settlement to resolve their mutual exclusivity, subject to the provisions of § 1.935 of this chapter . ( 2 ) Following this 30-day period, the original licensee and third parties can file license applications for remaining unserved areas where licenses have not been issued or for which there are no pending applications. If the original licensee or a third party files an application, that application will be placed on public notice for 30 days. If no mutually exclusive application is filed, the application will be granted, provided that a grant is found to be in the public interest. If a mutually exclusive application is filed, it will be resolved through an auction. The Wireless Telecommunications Bureau, by public notice, may specify a limited period before the filing of short-form applications (FCC Form 175) during which applicants may enter into a settlement to resolve their mutual exclusivity, subject to the provisions of § 1.935 of this chapter . ( 3 ) The licensee will have one year from the date the new license is issued to complete its construction and provide signal coverage and offer service over 100 percent of the geographic area of the new license area. If the licensee fails to meet this construction requirement, its license will automatically terminate without Commission action and it will not be eligible to apply to provide service to this area at any future date. ( k ) Licensees holding WCS or AWS authorizations in the spectrum blocks enumerated in paragraphs (g) , (h) , (i) , (q) , (r) , (s) , (t) , (v) , and (w) of this section, including any licensee that obtained its license pursuant to the procedures set forth in paragraph (j) of this section, shall demonstrate compliance with performance requirements by filing a construction notification with the Commission, within 15 days of the expiration of the applicable benchmark, in accordance with the provisions set forth in § 1.946(d) of this chapter . The licensee must certify whether it has met the applicable performance requirements. The licensee must file a description and certification of the areas for which it is providing service. The construction notifications must include electronic coverage maps, supporting technical documentation and any other information as the Wireless Telecommunications Bureau may prescribe by public notice. ( l ) WCS licensees holding authorizations in the spectrum blocks enumerated in paragraphs (g) , (h) , or (i) of this section, excluding any licensee that obtained its license pursuant to the procedures set forth in subsection (j) of this section, shall file reports with the Commission that provide the Commission, at a minimum, with information concerning the status of their efforts to meet the performance requirements applicable to their authorizations in such spectrum blocks and the manner in which that spectrum is being utilized. The information to be reported will include the date the license term commenced, a description of the steps the licensee has taken toward meeting its construction obligations in a timely manner, including the technology or technologies and service(s) being provided, and the areas within the license area in which those services are available. Each of these licensees shall file its first report with the Commission no later than June 13, 2011 and no sooner than 30 days prior to this date. Each licensee that meets its interim benchmarks shall file a second report with the Commission no later than June 13, 2016 and no sooner than 30 days prior to this date. Each licensee that does not meet its interim benchmark shall file this second report no later than on June 13, 2015 and no sooner than 30 days prior to this date. ( m ) - ( n ) [Reserved] ( o ) With respect to initial BRS licenses issued on or after November 6, 2009, the licensee must make a showing of substantial service within four years from the date of issue of the license. With respect to EBS licenses issued after October 25, 2019, the licensee must comply with paragraph (u) of this section. “Substantial service” is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Substantial service for BRS and EBS licensees is satisfied if a licensee meets the requirements of paragraph (o)(1) , (2) , or (3) of this section. If a licensee has not met the requirements of paragraph (o)(1) , (2) , or (3) of this section, then demonstration of substantial service shall proceed on a case-by-case basis. Except as provided in paragraphs (o)(4) and (5) of this section, all substantial service determinations will be made on a license-by-license basis. Failure by any licensee to demonstrate substantial service will result in forfeiture of the license and the licensee will be ineligible to regain it. ( 1 ) A BRS or EBS licensee has provided “substantial service” by: ( i ) Constructing six permanent links per one million people for licensees providing fixed point-to-point services; ( ii ) Providing coverage of at least 30 percent of the population of the licensed area for licensees providing mobile services or fixed point-to-multipoint services; ( iii ) Providing service to “rural areas” (a county (or equivalent) with a population density of 100 persons per square mile or less, based upon the most recently available Census data) and areas with limited access to telecommunications services: ( A ) For mobile service, where coverage is provided to at least 75% of the geographic area of at least 30% of the rural areas within its service area; or ( B ) for fixed service, where the BRS or EBS licensee has constructed at least one end of a permanent link in at least 30% of the rural areas within its licensed area. ( iv ) Providing specialized or technologically sophisticated service that does not require a high level of coverage to benefit consumers; or ( v ) Providing service to niche markets or areas outside the areas served by other licensees. ( 2 ) An EBS license initially issued prior to October 25, 2019 has provided “substantial service” when: ( i ) The EBS licensee is using its spectrum (or spectrum to which the EBS licensee's educational services are shifted) to provide educational services within the EBS licensee's GSA; ( ii ) the EBS licensee's license is actually being used to serve the educational mission of one or more accredited public or private schools, colleges or universities providing formal educational and cultural development to enrolled students; or ( iii ) The level of service provided by the EBS licensee meets or exceeds the minimum usage requirements specified in § 27.1214 contained in the edition of 47 CFR parts 20 through 39 , revised as of October 1, 2017. ( 3 ) An EBS or BRS licensee may be deemed to provide substantial service through a leasing arrangement if the lessee is providing substantial service under paragraph (o)(1) of this section. ( 4 ) If the GSA of a licensee is less than 1924 square miles in size, and there is an overlapping co-channel station licensed or leased by the licensee or its affiliate, substantial service may be demonstrated by meeting the requirements of paragraph (o)(1) or (o)(2) of this section with respect to the combined GSAs of both stations. ( 5 ) If the GSA of a BTA authorization holder, is less than one-half of the area within the BTA for every BRS channel, substantial service may be demonstrated for the licenses in question by meeting the requirements of paragraph (o)(1) or (o)(2) of this section with respect to the combined GSAs of the BTA authorization holder, together with any incumbent authorizations licensed or leased by the licensee or its affiliates. ( p ) This section enumerates performance requirements for licensees holding authorizations for Block A in the 2305-2310 MHz and 2350-2355 MHz bands, Block B in the 2310-2315 MHz and 2355-2360 MHz bands, Block C in the 2315-2320 MHz band, and Block D in the 2345-2350 MHz band. ( 1 ) For mobile and point-to-multipoint systems in Blocks A and B, and point-to-multipoint systems in Blocks C and D, a licensee must provide reliable signal coverage and offer service to at least 40 percent of the license area's population by March 13, 2017, and to at least 75 percent of the license area's population by September 13, 2019. If, when filing the construction notification required under § 1.946(d) of this chapter , a WCS licensee demonstrates that 25 percent or more of the license area's population for Block A, B or D is within a coordination zone as defined by § 27.73(a) of the rules, the foregoing population benchmarks are reduced to 25 and 50 percent, respectively. The percentage of a license area's population within a coordination zone equals the sum of the Census Block Centroid Populations within the area, divided by the license area's total population. ( 2 ) For point-to-point fixed systems, except those deployed in the Gulf of Mexico license area, a licensee must construct and operate a minimum of 15 point-to-point links per million persons (one link per 67,000 persons) in a license area by March 13, 2017, and 30 point-to-point links per million persons (one link per 33,500 persons) in a licensed area by September 13, 2019. The exact link requirement is calculated by dividing a license area's total population by 67,000 and 33,500 for the respective milestones, and then rounding upwards to the next whole number. For a link to be counted towards these benchmarks, both of its endpoints must be located in the license area. If only one endpoint of a link is located in a license area, it can be counted as a one- half link towards the benchmarks. ( 3 ) For point-to-point fixed systems deployed on any spectrum block in the Gulf of Mexico license area, a licensee must construct and operate a minimum of 15 point-to-point links by March 13, 2017, and a minimum of 15 point-to-point links by September 13, 2019. ( 4 ) Under paragraph (p)(2) and (p)(3) of this section, each fixed link must provide a minimum bit rate, in bits per second, equal to or greater than the bandwidth specified by the emission designator in Hertz ( e.g., equipment transmitting at a 5 Mb/s rate must not require a bandwidth of greater than 5 MHz). ( 5 ) If an initial authorization for a license area is granted after March 13, 2013, then the applicable benchmarks in paragraphs (p)(1) , (2) and (3) of this section must be met within 48 and 78 months, respectively, of the initial authorization grant date. ( 6 ) Licensees must use the most recently available U.S. Census Data at the time of measurement to meet these performance requirements. ( 7 ) Licensees must certify compliance with the applicable performance requirements by filing a construction notification with the Commission, within 15 days of the expiration of the relevant performance milestone, pursuant to § 1.946(d) of this chapter . Each construction notification must include electronic coverage maps, supporting technical documentation, and any other information as the Wireless Telecommunications Bureau may prescribe by public notice. Electronic coverage maps must accurately depict the boundaries of each license area (Regional Economic Area Grouping, REAG, or Major Economic Area, MEA) in the licensee's service territory. Further, REAG maps must depict MEA boundaries and MEA maps must depict Economic Area boundaries. If a licensee does not provide reliable signal coverage to an entire license area, its map must accurately depict the boundaries of the area or areas within each license area not being served. Each licensee also must file supporting documentation certifying the type of service it is providing for each REAG or MEA within its service territory and the type of technology used to provide such service. Supporting documentation must include the assumptions used to create the coverage maps, including the propagation model and the signal strength necessary to provide reliable service with the licensee's technology. ( 8 ) If a licensee fails to meet any applicable performance requirement, its authorization will terminate automatically without further Commission action as of the applicable performance milestone and the licensee will be ineligible to regain it. ( q ) The following provisions apply to any licensee holding an AWS authorization in the 2000-2020 MHz and 2180-2200 MHz bands (an “AWS-4 licensee”): ( 1 ) An AWS-4 licensee shall provide terrestrial signal coverage and offer terrestrial service within four (4) years from the date of the license to at least forty (40) percent of the total population in the aggregate service areas that it has licensed in the 2000-2020 MHz and 2180-2200 MHz bands (“AWS-4 Interim Buildout Requirement”). For purposes of this subpart, a licensee's total population shall be calculated by summing the population of each license area that a licensee holds in the 2000-2020 MHz and 2180-2200 MHz bands; and ( 2 ) An AWS-4 licensee shall provide terrestrial signal coverage and offer terrestrial service within seven (7) years from the date of the license to at least seventy (70) percent of the population in each of its license areas in the 2000-2020 MHz and 2180-2200 MHz bands (“AWS-4 Final Buildout Requirement”). ( 3 ) If any AWS-4 licensee fails to establish that it meets the AWS-4 Interim Buildout Requirement, the AWS-4 Final Buildout requirement shall be accelerated by one year from (seven to six years). ( 4 ) If any AWS-4 licensee fails to establish that it meets the AWS-4 Final Buildout Requirement in any of its license areas in the 2000-2020 MHz and 2180-2200 MHz bands, its authorization for each license area in which it fails to meet the requirement shall terminate automatically without Commission action. To the extent that the AWS-4 licensee also holds the 2 GHz MSS rights for the affected license area, failure to meet the AWS-4 Final Buildout Requirement in an EA shall also result in the MSS protection rule in § 27.1136 no longer applying in that license area. ( 5 ) To demonstrate compliance with these performance requirements, licensees shall use the most recently available U.S. Census Data at the time of measurement and shall base their measurements of population served on areas no larger than the Census Tract level. The population within a specific Census Tract (or other acceptable identifier) will only be deemed served by the licensee if it provides signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may only include the population within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. ( 6 ) Failure by any AWS-4 licensee to meet the AWS-4 Final Buildout Requirement in paragraph (q)(4) of this section will result in forfeiture of the license and the licensee will be ineligible to regain it. ( r ) The following provisions apply to any licensee holding an AWS authorization in the 1915-1920 MHz and 1995-2000 MHz bands: ( 1 ) A licensee shall provide signal coverage and offer service within four (4) years from the date of the initial license to at least forty (40) percent of the population in each of its licensed areas (“Interim Buildout Requirement”). ( 2 ) A licensee shall provide signal coverage and offer service within ten (10) years from the date of the initial license to at least seventy-five (75) percent of the population in each of its licensed areas (“Final Buildout Requirement”). ( 3 ) If a licensee fails to establish that it meets the Interim Buildout Requirement for a particular licensed area, then the Final Buildout Requirement (in this paragraph (r) ) and the license term (as set forth in § 27.13(j) ) for each license area in which it fails to meet the Interim Buildout Requirement shall be accelerated by two years (from ten to eight years). ( 4 ) If a licensee fails to establish that it meets the Final Buildout Requirement for a particular licensed area, its authorization for each license area in which it fails to meet the Final Buildout Requirement shall terminate automatically without Commission action and the licensee will be ineligible to regain it if the Commission makes the license available at a later date. ( 5 ) To demonstrate compliance with these performance requirements, licensees shall use the most recently available U.S. Census Data at the time of measurement and shall base their measurements of population served on areas no larger than the Census Tract level. The population within a specific Census Tract (or other acceptable identifier) will only be deemed served by the licensee if it provides signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may only include the population within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. ( s ) The following provisions apply to any licensee holding an AWS authorization in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands: ( 1 ) A licensee shall provide reliable signal coverage and offer service within six (6) years from the date of the initial license to at least forty (40) percent of the population in each of its licensed areas (“Interim Buildout Requirement”). ( 2 ) A licensee shall provide reliable signal coverage and offer service within twelve (12) years from the date of the initial license to at least seventy-five (75) percent of the population in each of its licensed areas (“Final Buildout Requirement”). ( 3 ) If a licensee fails to establish that it meets the Interim Buildout Requirement for a particular licensed area, then the Final Buildout Requirement (in this paragraph (s) ) and the AWS license term (as set forth in § 27.13(k) ) for each license area in which it fails to meet the Interim Buildout Requirement shall be accelerated by two (2) years (from twelve (12) to ten (10) years). ( 4 ) If a licensee fails to establish that it meets the Final Buildout Requirement for a particular licensed area, its authorization for each license area in which it fails to meet the Final Buildout Requirement shall terminate automatically without Commission action and the licensee will be ineligible to regain it if the Commission makes the license available at a later date. ( 5 ) To demonstrate compliance with these performance requirements, licensees shall use the most recently available U.S. Census Data at the time of measurement and shall base their measurements of population served on areas no larger than the Census Tract level. The population within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. For the Gulf of Mexico license area, the licensee shall demonstrate compliance with these performance requirements, using off-shore platforms, including production, manifold, compression, pumping and valving platforms as a proxy for population in the Gulf of Mexico. ( t ) The following provisions apply to any licensee holding an authorization in the 600 MHz band: ( 1 ) A licensee shall provide reliable signal coverage and offer service within six (6) years from the date of the initial license to at least forty (40) percent of the population in each of its license areas (“Interim Buildout Requirement”). ( 2 ) A licensee shall provide reliable signal coverage and offer service within twelve (12) years from the date of the initial license to at least seventy-five (75) percent of the population in each of its license areas (“Final Buildout Requirement”). ( 3 ) If a licensee fails to establish that it meets the Interim Buildout Requirement for a particular licensed area, then the Final Buildout Requirement (in this paragraph (t) ) and the license term (as set forth in § 27.13(l) ) for each license area in which it fails to meet the Interim Buildout Requirement shall be accelerated by two (2) years (from twelve (12) to ten (10) years). ( 4 ) If a licensee fails to establish that it meets the Final Buildout Requirement for a particular license area, its authorization for each license area in which it fails to meet the Final Buildout Requirement shall terminate automatically without Commission action, and the licensee will be ineligible to regain it if the Commission makes the license available at a later date. ( 5 ) To demonstrate compliance with these performance requirements, licensees shall use the most recently available decennial U.S. Census Data at the time of measurement and shall base their measurements of population served on areas no larger than the Census Tract level. The population within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides reliable signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. For the Gulf of Mexico license area, the licensee shall demonstrate compliance with these performance requirements, using off-shore platforms, including production, manifold, compression, pumping and valving platforms as a proxy for population in the Gulf of Mexico. ( u ) This section enumerates performance requirements for EBS licenses initially issued after October 25, 2019. Licensees shall demonstrate compliance with performance requirements by filing a construction notification with the Commission, within 15 days of the expiration of the applicable benchmark, in accordance with the provisions set forth in § 1.946(d) of this chapter . ( 1 ) All EBS licenses initially issued after October 25, 2019, must demonstrate compliance with the performance requirements described in this paragraph (u) . All equipment used to demonstrate compliance must be in use and actually providing service, either for internal use or to unaffiliated customers, as of the interim deadline or final deadline, whichever is applicable. ( 2 ) Except for licensees with licenses applied for in the Tribal Priority Window, licensees providing mobile or point-to-multipoint service must demonstrate reliable signal coverage of 50% of the population of the geographic service area within four years of initial license grant, and 80% of the population of the geographic service area within eight years of initial license grant. ( 3 ) Except for licensees with licenses applied for in the Tribal Priority Window, licensees providing fixed point-to-point service must demonstrate operation of one link for each 50,000 persons in the geographic service area within four years of initial license grant, and one link for each 25,000 persons in the geographic service area within eight years of initial license grant. ( 4 ) Licensees with licenses applied for in the Tribal Priority Window must make an interim showing under paragraph (u)(2) or (3) of this section within two years of initial license grant. Licensees with licenses applied for in the Tribal Priority Window must make a final showing under paragraph (u)(2) or (3) of this section within five years of initial license grant. ( 5 ) If an EBS licensee (other than the licensee of a license issued pursuant to the Tribal Priority Window) fails to meet interim performance requirements described in paragraph (u)(2) or (3) of this section, the deadline for that authorization to meet its final performance requirement will be advanced by two years. If an EBS licensee of a license issued pursuant to the Tribal Priority Window fails to meet interim performance requirements described in paragraph (u)(2) or (3) of this section, the deadline for that authorization to meet its final performance requirement will be advanced by one year. If an EBS licensee fails to meet its final performance requirement, its license shall automatically terminate without specific Commission action. ( v ) The following provisions apply to any licensee holding an authorization in the 3700-3980 MHz band: ( 1 ) Licensees relying on mobile or point-to-multipoint service shall provide reliable signal coverage and offer service within eight (8) years from the date of the initial license to at least forty-five (45) percent of the population in each of its license areas (“First Buildout Requirement”). Licensee shall provide reliable signal coverage and offer service within twelve (12) years from the date of the initial license to at least eighty (80) percent of the population in each of its license areas (“Second Buildout Requirement”). Licensees relying on point-to-point service shall demonstrate within eight years of the license issue date that they have four links operating and providing service to customers or for internal use if the population within the license area is equal to or less than 268,000 and, if the population is greater than 268,000, that they have at least one link in operation and providing service to customers, or for internal use, per every 67,000 persons within a license area (“First Buildout Requirement”). Licensees relying on point-to-point service shall demonstrate within 12 years of the license issue date that they have eight links operating and providing service to customers or for internal use if the population within the license area is equal to or less than 268,000 and, if the population within the license area is greater than 268,000, shall demonstrate they are providing service and have at least two links in operation per every 67,000 persons within a license area (“Second Buildout Requirement”). ( 2 ) In the alternative, a licensee offering Internet of Things-type services shall provide geographic area coverage within eight (8) years from the date of the initial license to thirty-five (35) percent of the license (“First Buildout Requirement”). A licensee offering Internet of Things-type services shall provide geographic area coverage within twelve (12) years from the date of the initial license to sixty-five (65) percent of the license (“Second Buildout Requirement”). ( 3 ) If a licensee fails to establish that it meets the First Buildout Requirement for a particular license area, the licensee's Second Buildout Requirement deadline and license term will be reduced by two years. If a licensee fails to establish that it meets the Second Buildout Requirement for a particular license area, its authorization for each license area in which it fails to meet the Second Buildout Requirement shall terminate automatically without Commission action, and the licensee will be ineligible to regain it if the Commission makes the license available at a later date. ( 4 ) To demonstrate compliance with these performance requirements, licensees shall use the most recently available decennial U.S. Census Data at the time of measurement and shall base their measurements of population or geographic area served on areas no larger than the Census Tract level. The population or area within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides reliable signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population or geographic area within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. If a licensee does not provide reliable signal coverage to an entire license area, the license must provide a map that accurately depicts the boundaries of the area or areas within each license area not being served. Each licensee also must file supporting documentation certifying the type of service it is providing for each licensed area within its service territory and the type of technology used to provide such service. Supporting documentation must include the assumptions used to create the coverage maps, including the propagation model and the signal strength necessary to provide reliable service with the licensee's technology. ( w ) The following provisions apply to any licensee holding an authorization in the 3450-3550 MHz band: ( 1 ) Performance requirements. Licensees in the 3.45 GHz Service must meet the following benchmarks, based on the type of service they provide. ( i ) Mobile/point-to-multipoint service. Licensees relying on mobile or point-to-multipoint service shall provide reliable signal coverage and offer service within four (4) years from the date of the initial license to at least forty-five (45) percent of the population in each of its license areas (“First Performance Benchmark”). Licensees shall provide reliable signal coverage and offer service within eight (8) years from the date of the initial license to at least eighty (80) percent of the population in each of its license areas (“Second Performance Benchmark”). ( ii ) Point-to-point service. Licensees relying on point-to-point service shall demonstrate within four (4) years of the license issue date that, if the population within the license area is equal to or less than 268,000, they have four links operating and either provide service to customers or for internal use. If the population is greater than 268,000, they shall demonstrate they have at least one link in operation and either provide service to customers or for internal use per every 67,000 persons within a license area (“First Performance Benchmark”). Licensees shall demonstrate within eight (8) years of the license issue date that, if the population within license area is equal to or less than 268,000, they have eight links operating and either provide service to customers or for internal use. If the population within the license area is greater than 268,000, they shall demonstrate they have at least two links in operation and either provide service to customers or for internal use per every 67,000 persons within a license area (“Second Performance Benchmark”). ( iii ) Internet of Things service. Licensees offering Internet of Things-type services shall provide geographic area coverage within four (4) years from the date of the initial license to thirty-five (35) percent of the license (“First Performance Benchmark”). Licensees shall provide geographic area coverage within eight (8) years from the date of the initial license to sixty-five (65) percent of the license (“Second Performance Benchmark”). ( 2 ) Failure to meet performance requirements. If a licensee fails to establish that it meets the First Performance Benchmark for a particular license area in paragraph (w)(1) of this section, the licensee's Second Performance Benchmark deadline and license term in paragraph (w)(1) of this section will be reduced by one year. If a licensee fails to establish that it meets the Second Performance Benchmark for a particular license area, its authorization for each license area in which it fails to meet the Second Performance Benchmark shall terminate automatically without Commission action, and the licensee will be ineligible to regain it if the Commission makes the license available at a later date. ( 3 ) Compliance procedures. To demonstrate compliance with the performance requirements in paragraph (w)(1) of this section, licensees shall use the most recently available decennial U.S. Census Data at the time of measurement and shall base their measurements of population or geographic area served on areas no larger than the Census Tract level. The population or area within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides reliable signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population or geographic area within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. If a licensee does not provide reliable signal coverage to an entire license area, the license must provide a map that accurately depicts the boundaries of the area or areas within each license area not being served. Each licensee also must file supporting documentation certifying the type of service it is providing for each licensed area within its service territory and the type of technology used to provide such service. Supporting documentation must include the assumptions used to create the coverage maps, including the propagation model and the signal strength necessary to provide reliable service with the licensee's technology. [ 62 FR 9658 , Mar. 3, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.14 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.15 Geographic partitioning and spectrum disaggregation. ( a ) Eligibility. ( 1 ) Parties seeking approval for partitioning and disaggregation shall request from the Commission an authorization for partial assignment of a license pursuant to § 1.948 . ( 2 ) AWS and WCS licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. ( b ) Technical Standards — ( 1 ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to section 1.948 and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). ( 2 ) Disaggregation. Spectrum may be disaggregated in any amount. ( 3 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( 4 ) Signal levels. For purposes of partitioning and disaggregation, part 27 systems must be designed so as not to exceed the signal level specified for the particular spectrum block in § 27.55 at the licensee's service area boundary, unless the affected adjacent service area licensees have agreed to a different signal level. ( c ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 27.13 . [ 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 FR 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, 2013; 79 FR 596 , Jan. 6, 2014; 79 FR 32412 , June 4, 2014; 79 FR 48537 , Aug. 15, 2014; 82 FR 41548 , Sept. 1, 2017] § 27.16 Network access requirements for Block C in the 746-757 and 776-787 MHz bands. ( a ) Applicability. This section shall apply only to the authorizations for Block C in the 746-757 and 776-787 MHz bands assigned and only if the results of the first auction in which licenses for such authorizations are offered satisfied the applicable reserve price. ( b ) Use of devices and applications. Licensees offering service on spectrum subject to this section shall not deny, limit, or restrict the ability of their customers to use the devices and applications of their choice on the licensee's C Block network, except: ( 1 ) Insofar as such use would not be compliant with published technical standards reasonably necessary for the management or protection of the licensee's network, or ( 2 ) As required to comply with statute or applicable government regulation. ( c ) Technical standards. For purposes of paragraph (b)(1) of this section: ( 1 ) Standards shall include technical requirements reasonably necessary for third parties to access a licensee's network via devices or applications without causing objectionable interference to other spectrum users or jeopardizing network security. The potential for excessive bandwidth demand alone shall not constitute grounds for denying, limiting or restricting access to the network. ( 2 ) To the extent a licensee relies on standards established by an independent standards-setting body which is open to participation by representatives of service providers, equipment manufacturers, application developers, consumer organizations, and other interested parties, the standards will carry a presumption of reasonableness. ( 3 ) A licensee shall publish its technical standards, which shall be non-proprietary, no later than the time at which it makes such standards available to any preferred vendors, so that the standards are readily available to customers, equipment manufacturers, application developers, and other parties interested in using or developing products for use on a licensee's networks. ( d ) Access requests. ( 1 ) Licensees shall establish and publish clear and reasonable procedures for parties to seek approval to use devices or applications on the licensees' networks. A licensee must also provide to potential customers notice of the customers' rights to request the attachment of a device or application to the licensee's network, and notice of the licensee's process for customers to make such requests, including the relevant network criteria. ( 2 ) If a licensee determines that a request for access would violate its technical standards or regulatory requirements, the licensee shall expeditiously provide a written response to the requester specifying the basis for denying access and providing an opportunity for the requester to modify its request to satisfy the licensee's concerns. ( e ) Handset locking prohibited. No licensee may disable features on handsets it provides to customers, to the extent such features are compliant with the licensee's standards pursuant to paragraph (b) of this section, nor configure handsets it provides to prohibit use of such handsets on other providers' networks. ( f ) Burden of proof. Once a complainant sets forth a prima facie case that the C Block licensee has refused to attach a device or application in violation of the requirements adopted in this section, the licensee shall have the burden of proof to demonstrate that it has adopted reasonable network standards and reasonably applied those standards in the complainant's case. Where the licensee bases its network restrictions on industry-wide consensus standards, such restrictions would be presumed reasonable. [ 72 FR 48849 , Aug. 24, 2007] Subpart C—Technical Standards § 27.50 Power limits and duty cycle. ( a ) The following power limits and related requirements apply to stations transmitting in the 2305-2320 MHz band or the 2345-2360 MHz band. ( 1 ) Base and fixed stations. ( i ) For base and fixed stations transmitting in the 2305-2315 MHz band or the 2350-2360 MHz band: ( A ) The average equivalent isotropically radiated power (EIRP) must not exceed 2,000 watts within any 5 megahertz of authorized bandwidth and must not exceed 400 watts within any 1 megahertz of authorized bandwidth. ( B ) The peak-to-average power ratio (PAPR) of the transmitter output power must not exceed 13 dB. The PAPR measurements should be made using either an instrument with complementary cumulative distribution function (CCDF) capabilities to determine that PAPR will not exceed 13 dB for more than 0.1 percent of the time or other Commission approved procedure. The measurement must be performed using a signal corresponding to the highest PAPR expected during periods of continuous transmission. ( ii ) For base and fixed stations transmitting in the 2315-2320 MHz band or the 2345-2350 MHz band, the peak EIRP must not exceed 2,000 watts. ( 2 ) Fixed customer premises equipment stations. For fixed customer premises equipment (CPE) stations transmitting in the 2305-2320 MHz band or in the 2345-2360 MHz band, the peak EIRP must not exceed 20 watts within any 5 megahertz of authorized bandwidth. Fixed CPE stations transmitting in the 2305-2320 MHz band or in the 2345-2360 MHz band must employ automatic transmit power control when operating so the stations operate with the minimum power necessary for successful communications. The use of outdoor antennas for CPE stations or outdoor CPE station installations operating with 2 watts per 5 megahertz or less average EIRP using the stepped emissions mask prescribed in § 27.53(a)(3) is prohibited except if professionally installed in locations removed by 20 meters from roadways or in locations where it can be shown that the ground power level of −44 dBm in the A or B blocks or −55 dBm in the C or D blocks will not be exceeded at the nearest road location. The use of outdoor antennas for fixed CPE stations operating with 2 watts per 5 megahertz or less average EIRP and the emissions mask prescribed in § 27.53(a)(1)(i) through (iii) is permitted in all locations. For fixed WCS CPE using TDD technology, the duty cycle must not exceed 38 percent; ( 3 ) Mobile and portable stations. ( i ) For mobile and portable stations transmitting in the 2305-2315 MHz band or the 2350-2360 MHz band, the average EIRP must not exceed 50 milliwatts within any 1 megahertz of authorized bandwidth, except that for mobile and portable stations compliant with 3GPP LTE standards or another advanced mobile broadband protocol that avoids concentrating energy at the edge of the operating band the average EIRP must not exceed 250 milliwatts within any 5 megahertz of authorized bandwidth but may exceed 50 milliwatts within any 1 megahertz of authorized bandwidth. For mobile and portable stations using time division duplexing (TDD) technology, the duty cycle must not exceed 38 percent in the 2305-2315 MHz and 2350-2360 MHz bands. Mobile and portable stations using FDD technology are restricted to transmitting in the 2305-2315 MHz band. Power averaging shall not include intervals in which the transmitter is off. ( ii ) Mobile and portable stations are not permitted to transmit in the 2315-2320 MHz and 2345-2350 MHz bands. ( iii ) Automatic transmit power control. Mobile and portable stations transmitting in the 2305-2315 MHz band or in the 2350-2360 MHz band must employ automatic transmit power control when operating so the stations operate with the minimum power necessary for successful communications. ( iv ) Prohibition on external vehicle-mounted antennas. The use of external vehicle-mounted antennas for mobile and portable stations transmitting in the 2305-2315 MHz band or the 2350-2360 MHz band is prohibited. ( b ) The following power and antenna height limits apply to transmitters operating in the 746-758 MHz, 775-788 MHz and 805-806 MHz bands: ( 1 ) Fixed and base stations transmitting a signal in the 757-758 and 775-776 MHz bands must not exceed an effective radiated power (ERP) of 1000 watts and an antenna height of 305 m height above average terrain (HAAT), except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts ERP in accordance with Table 1 of this section. ( 2 ) Fixed and base stations transmitting a signal in the 746-757 MHz and 776-787 MHz bands with an emission bandwidth of 1 MHz or less must not exceed an ERP of 1000 watts and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts ERP in accordance with Table 1 of this section. ( 3 ) Fixed and base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal in the 746-757 MHz and 776-787 MHz bands with an emission bandwidth of 1 MHz or less must not exceed an ERP of 2000 watts and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 2000 watts ERP in accordance with Table 2 of this section. ( 4 ) Fixed and base stations transmitting a signal in the 746-757 MHz and 776-787 MHz bands with an emission bandwidth greater than 1 MHz must not exceed an ERP of 1000 watts/MHz and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts/MHz ERP in accordance with Table 3 of this section. ( 5 ) Fixed and base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal in the 746-757 MHz and 776-787 MHz bands with an emission bandwidth greater than 1 MHz must not exceed an ERP of 2000 watts/MHz and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 2000 watts/MHz ERP in accordance with Table 4 of this section. ( 6 ) Licensees of fixed or base stations transmitting a signal in the 746-757 MHz and 776-787 MHz bands at an ERP greater than 1000 watts must comply with the provisions set forth in paragraph (b)(8) of this section and § 27.55(c) . ( 7 ) Licensees seeking to operate a fixed or base station located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal in the 746-757 MHz and 776-787 MHz bands at an ERP greater than 1000 watts must: ( i ) Coordinate in advance with all licensees authorized to operate in the 698-758 MHz, 775-788, and 805-806 MHz bands within 120 kilometers (75 miles) of the base or fixed station; ( ii ) coordinate in advance with all regional planning committees, as identified in § 90.527 of this chapter , with jurisdiction within 120 kilometers (75 miles) of the base or fixed station. ( 8 ) Licensees authorized to transmit in the 746-757 MHz and 776-787 MHz bands and intending to operate a base or fixed station at a power level permitted under the provisions of paragraph (b)(6) of this section must provide advanced notice of such operation to the Commission and to licensees authorized in their area of operation. Licensees who must be notified are all licensees authorized to operate in the 758-775 MHz and 788-805 MHz bands under part 90 of this chapter within 75 km of the base or fixed station and all regional planning committees, as identified in § 90.527 of this chapter , with jurisdiction within 75 km of the base or fixed station. Notifications must provide the location and operating parameters of the base or fixed station, including the station's ERP, antenna coordinates, antenna height above ground, and vertical antenna pattern, and such notifications must be provided at least 90 days prior to the commencement of station operation. ( 9 ) Control stations and mobile stations transmitting in the 746-757 MHz, 776-788 MHz, and 805-806 MHz bands and fixed stations transmitting in the 787-788 MHz and 805-806 MHz bands are limited to 30 watts ERP. ( 10 ) Portable stations (hand-held devices) transmitting in the 746-757 MHz, 776-788 MHz, and 805-806 MHz bands are limited to 3 watts ERP. ( 11 ) For transmissions in the 757-758, 775-776, 787-788, and 805-806 MHz bands, maximum composite transmit power shall be measured over any interval of continuous transmission using instrumentation calibrated in terms of RMS-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, etc., so as to obtain a true maximum composite measurement for the emission in question over the full bandwidth of the channel. ( 12 ) For transmissions in the 746-757 and 776-787 MHz bands, licensees may employ equipment operating in compliance with either the measurement techniques described in paragraph (b)(11) of this section or a Commission-approved average power technique. In both instances, equipment employed must be authorized in accordance with the provisions of § 27.51 . ( c ) The following power and antenna height requirements apply to stations transmitting in the 600 MHz band and the 698-746 MHz band: ( 1 ) Fixed and base stations transmitting a signal with an emission bandwidth of 1 MHz or less must not exceed an effective radiated power (ERP) of 1000 watts and an antenna height of 305 m height above average terrain (HAAT), except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts ERP in accordance with Table 1 of this section; ( 2 ) Fixed and base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal with an emission bandwidth of 1 MHz or less must not exceed an ERP of 2000 watts and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 2000 watts ERP in accordance with Table 2 of this section; ( 3 ) Fixed and base stations transmitting a signal with an emission bandwidth greater than 1 MHz must not exceed an ERP of 1000 watts/MHz and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts/MHz ERP in accordance with Table 3 of this section; ( 4 ) Fixed and base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal with an emission bandwidth greater than 1 MHz must not exceed an ERP of 2000 watts/MHz and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 2000 watts/MHz ERP in accordance with Table 4 of this section; ( 5 ) Licensees, except for licensees operating in the 600 MHz downlink band, seeking to operate a fixed or base station located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal at an ERP greater than 1000 watts must: ( i ) Coordinate in advance with all licensees authorized to operate in the 698-758 MHz, 775-788, and 805-806 MHz bands within 120 kilometers (75 miles) of the base or fixed station; ( ii ) coordinate in advance with all regional planning committees, as identified in § 90.527 of this chapter , with jurisdiction within 120 kilometers (75 miles) of the base or fixed station. ( 6 ) Licensees of fixed or base stations transmitting a signal at an ERP greater than 1000 watts and greater than 1000 watts/MHz must comply with the provisions of paragraph (c)(8) of this section and § 27.55(b) , except that licensees of fixed or base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, must comply with the provisions of paragraph (c)(8) of this section and § 27.55(b) only if transmitting a signal at an ERP greater than 2000 watts and greater than 2000 watts/MHz; ( 7 ) A licensee authorized to operate in the 710-716 or 740-746 MHz bands may operate a fixed or base station at an ERP up to a total of 50 kW within its authorized, 6 megahertz spectrum block if the licensee complies with the provisions of § 27.55(b) . The antenna height for such stations is limited only to the extent required to satisfy the requirements of § 27.55(b) . ( 8 ) Licensees intending to operate a base or fixed station at a power level permitted under the provisions of paragraph (c)(6) of this section must provide advanced notice of such operation to the Commission and to licensees authorized in their area of operation. Licensees who must be notified are all licensees authorized under this part to operate on an adjacent spectrum block within 75 km of the base or fixed station. Notifications must provide the location and operating parameters of the base or fixed station, including the station's ERP, antenna coordinates, antenna height above ground, and vertical antenna pattern, and such notifications must be provided at least 90 days prior to the commencement of station operation. ( 9 ) Control and mobile stations in the 698-746 MHz band are limited to 30 watts ERP. ( 10 ) Portable stations (hand-held devices) in the 600 MHz uplink band and the 698-746 MHz band, and fixed and mobile stations in the 600 MHz uplink band are limited to 3 watts ERP. ( 11 ) Licensees may employ equipment operating in compliance with either the measurement techniques described in paragraph (b)(11) of this section or a Commission-approved average power technique. In both instances, equipment employed must be authorized in accordance with the provisions of § 27.51 . ( 12 ) A licensee authorized to operate in the 716-722 or 722-728 MHz bands may operate a fixed or base station at an ERP up to a total of 50 kW within its authorized, 6 megahertz spectrum block if the licensee complies with the provisions of § 27.55(b) , obtains written concurrences from all affected licensees in the 698-746 MHz bands within 120 km of the proposed high power site, and files a copy of each written concurrences with the Wireless Telecommunications Bureau on FCC Form 601. The antenna height for such stations is limited only to the extent required to satisfy the requirements of § 27.55(b) . ( 13 ) Licensees authorized to operate in the 716-722 or 722-728 MHz bands must coordinate with licensees with uplink operations in the 698-716 MHz band to mitigate the potential for harmful interference. Licensees authorized to operate in the 716-722 or 722-728 MHz bands must mitigate harmful interference to licensees' uplink operations in the 698-716 MHz band within 30 days after receiving written notice from the affected licensees. A licensee authorized to operate in the 716-722 or 722-728 MHz bands must ensure that 716-728 MHz band transmissions are filtered at least to the extent that the 716-728 MHz band transmissions are filtered in markets where the 716-728 MHz band licensee holds any license in the 698-716 band, as applicable. For purposes of coordination and mitigations measures in paragraphs (i) and (iii) below, network will be deemed “deployed” as of the date upon which the network is able to support a commercial mobile or data service. The coordination and mitigation measures should include, but are not limited to, the following: ( i ) If a licensee operating in the 698-716 and 728-746 MHz band deploys a network after the 716-722 or 722-728 MHz bands licensee deploys a network on its 716-722 or 722-728 MHz spectrum in the same geographic market, the 716-722 or 722-728 MHz bands licensee will work with the licensee with uplink operations in the 698-716 MHz band to identify sites that will require additional filtering, and will help the licensee operating in the 698-716 and 728-746 MHz bands to identify proper filters; ( ii ) The 716-722 or 722-728 MHz bands licensee must permit licensees operating in the 698-716 and 728-746 MHz bands to collocate on the towers it owns at prevailing market rates; and ( iii ) If a 698-716 and 728-746 MHz bands licensee deploys a network before a licensee in the 716-722 or 722-728 MHz bands deploys a network in the same geographic market, the 716-722 or 722-728 MHz bands licensee will work with licensees in the 698-716 and 728-746 MHz bands to identify sites that will need additional filtering and will purchase and pay for installation of required filters on such sites. ( d ) The following power and antenna height requirements apply to stations transmitting in the 1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz, 1915-1920 MHz, 1995-2000 MHz, 2000-2020 MHz, 2110-2155 MHz, 2155-2180 MHz and 2180-2200 MHz bands: ( 1 ) The power of each fixed or base station transmitting in the 1995-2000 MHz, 2110-2155 MHz, 2155-2180 MHz or 2180-2200 MHz band and located in any county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, is limited to: ( i ) An equivalent isotropically radiated power (EIRP) of 3280 watts when transmitting with an emission bandwidth of 1 MHz or less; ( ii ) An EIRP of 3280 watts/MHz when transmitting with an emission bandwidth greater than 1 MHz. ( 2 ) The power of each fixed or base station transmitting in the 1995-2000 MHz, the 2110-2155 MHz 2155-2180 MHz band, or 2180-2200 MHz band and situated in any geographic location other than that described in paragraph (d)(1) of this section is limited to: ( i ) An equivalent isotropically radiated power (EIRP) of 1640 watts when transmitting with an emission bandwidth of 1 MHz or less; ( ii ) An EIRP of 1640 watts/MHz when transmitting with an emission bandwidth greater than 1 MHz. ( 3 ) A licensee operating a base or fixed station in the 2110-2155 MHz band utilizing a power greater than 1640 watts EIRP and greater than 1640 watts/MHz EIRP must coordinate such operations in advance with all Government and non-Government satellite entities in the 2025-2110 MHz band. A licensee operating a base or fixed station in the 2110-2180 MHz band utilizing power greater than 1640 watts EIRP and greater than 1640 watts/MHz EIRP must be coordinated in advance with the following licensees authorized to operate within 120 kilometers (75 miles) of the base or fixed station operating in this band: All Broadband Radio Service (BRS) licensees authorized under this part in the 2155-2160 MHz band and all advanced wireless services (AWS) licensees authorized to operate on adjacent frequency blocks in the 2110-2180 MHz band. ( 4 ) Fixed, mobile, and portable (hand-held) stations operating in the 1710-1755 MHz band and mobile and portable stations operating in the 1695-1710 MHz and 1755-1780 MHz bands are limited to 1 watt EIRP. Fixed stations operating in the 1710-1755 MHz band are limited to a maximum antenna height of 10 meters above ground. Mobile and portable stations operating in these bands must employ a means for limiting power to the minimum necessary for successful communications. ( 5 ) Equipment employed must be authorized in accordance with the provisions of § 24.51 . Power measurements for transmissions by stations authorized under this section may be made either in accordance with a Commission-approved average power technique or in compliance with paragraph (d)(6) of this section. In measuring transmissions in this band using an average power technique, the peak-to-average ratio (PAR) of the transmission may not exceed 13 dB. ( 6 ) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. ( 7 ) Fixed, mobile, and portable (hand-held) stations operating in the 2000-2020 MHz band are limited to 2 watts EIRP, except that the total power of any portion of an emission that falls within the 2000-2005 MHz band may not exceed 5 milliwatts. A licensee of AWS-4 authority may enter into private operator-to-operator agreements with all 1995-2000 MHz licensees to operate in 2000-2005 MHz at power levels above 5 milliwatts EIRP; except the total power of the AWS-4 mobile emissions may not exceed 2 watts EIRP. ( 8 ) A licensee operating a base or fixed station in the 2180-2200 MHz band utilizing a power greater than 1640 watts EIRP and greater than 1640 watts/MHz EIRP must be coordinated in advance with all AWS licensees authorized to operate on adjacent frequency blocks in the 2180-2200 MHz band. ( 9 ) Fixed, mobile and portable (hand-held) stations operating in the 1915-1920 MHz band are limited to 300 milliwatts EIRP. ( 10 ) A licensee operating a base or fixed station in the 1995-2000 MHz band utilizing a power greater than 1640 watts EIRP and greater than 1640 watts/MHz EIRP must be coordinated in advance with all PCS G Block licensees authorized to operate on adjacent frequency blocks in the 1990-1995 MHz band within 120 kilometers of the base or fixed station operating in this band. ( e ) The following power limits apply to the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band (1.4 GHz band): ( 1 ) Fixed stations transmitting in the 1390-1392 MHz and 1432-1435 MHz bands are limited to 2000 watts EIRP peak power. Fixed stations transmitting in the 1392-1395 MHz band are limited to 100 watts EIRP peak power. ( 2 ) Mobile stations transmitting in the 1390-1392 MHz and 1432-1435 MHz bands are limited to 4 watts EIRP peak power. Mobile stations transmitting in the1392-1395 MHz band are limited to 1 watt EIRP peak power. ( f ) The following power limits apply to the 1670-1675 MHz band: ( 1 ) Fixed and base stations are limited to 2000 watts EIRP peak power. ( 2 ) Mobile stations are limited to 4 watts EIRP peak power. ( g ) [Reserved] ( h ) The following power limits shall apply in the BRS and EBS: ( 1 ) Main, booster and base stations. ( i ) The maximum EIRP of a main, booster or base station shall not exceed 33 dBW + 10log(X/Y) dBW, where X is the actual channel width in MHz and Y is either 6 MHz if prior to transition or the station is in the MBS following transition or 5.5 MHz if the station is in the LBS and UBS following transition, except as provided in paragraph (h)(1)(ii) of this section. ( ii ) If a main or booster station sectorizes or otherwise uses one or more transmitting antennas with a non-omnidirectional horizontal plane radiation pattern, the maximum EIRP in dBW in a given direction shall be determined by the following formula: EIRP = 33 dBW + 10 log(X/Y) dBW + 10 log(360/beamwidth) dBW, where X is the actual channel width in MHz, Y is either (i) 6 MHz if prior to transition or the station is in the MBS following transition or (ii) 5.5 MHz if the station is in the LBS and UBS following transition, and beamwidth is the total horizontal plane beamwidth of the individual transmitting antenna for the station or any sector measured at the half-power points. ( 2 ) Mobile and other user stations. Mobile stations are limited to 2.0 watts EIRP. All user stations are limited to 2.0 watts transmitter output power. ( 3 ) For television transmission, the peak power of the accompanying aural signal must not exceed 10 percent of the peak visual power of the transmitter. The Commission may order a reduction in aural signal power to diminish the potential for harmful interference. ( 4 ) For main, booster and response stations utilizing digital emissions with non-uniform power spectral density ( e.g. unfiltered QPSK), the power measured within any 100 kHz resolution bandwidth within the 6 MHz channel occupied by the non-uniform emission cannot exceed the power permitted within any 100 kHz resolution bandwidth within the 6 MHz channel if it were occupied by an emission with uniform power spectral density, i.e. , if the maximum permissible power of a station utilizing a perfectly uniform power spectral density across a 6 MHz channel were 2000 watts EIRP, this would result in a maximum permissible power flux density for the station of 2000/60 = 33.3 watts EIRP per 100 kHz bandwidth. If a non-uniform emission were substituted at the station, station power would still be limited to a maximum of 33.3 watts EIRP within any 100 kHz segment of the 6 MHz channel, irrespective of the fact that this would result in a total 6 MHz channel power of less than 2000 watts EIRP. ( i ) Peak transmit power shall be measured over any interval of continuous transmission using instrumentation calibrated in terms of rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. ( j ) The following power requirements apply to stations transmitting in the 3700-3980 MHz band: ( 1 ) The power of each fixed or base station transmitting in the 3700-3980 MHz band and located in any county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, is limited to an equivalent isotropically radiated power (EIRP) of 3280 Watts/MHz. This limit applies to the aggregate power of all antenna elements in any given sector of a base station. ( 2 ) The power of each fixed or base station transmitting in the 3700-3980 MHz band and situated in any geographic location other than that described in paragraph (j)(1) of this section is limited to an EIRP of 1640 Watts/MHz. This limit applies to the aggregate power of all antenna elements in any given sector of a base station. ( 3 ) Mobile and portable stations are limited to 1 Watt EIRP. Mobile and portable stations operating in these bands must employ a means for limiting power to the minimum necessary for successful communications. ( 4 ) Equipment employed must be authorized in accordance with the provisions of § 27.51 . Power measurements for transmissions by stations authorized under this section may be made either in accordance with a Commission-approved average power technique or in compliance with paragraph (j)(5) of this section. In measuring transmissions in this band using an average power technique, the peak-to-average ratio (PAR) of the transmission may not exceed 13 dB. ( 5 ) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, and any other relevant factors, so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. ( k ) The following power requirements apply to stations transmitting in the 3450-3550 MHz band: ( 1 ) The power of each fixed or base station transmitting in the 3450-3550 MHz band and located in any county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, is limited to an equivalent isotropically radiated power (EIRP) of 3280 Watts/MHz. This limit applies to the aggregate power of all antenna elements in any given sector of a base station. ( 2 ) The power of each fixed or base station transmitting in the 3450-3550 MHz band and situated in any geographic location other than that described in paragraph (k)(1) of this section is limited to an EIRP of 1640 Watts/MHz. This limit applies to the aggregate power of all antenna elements in any given sector of a base station. ( 3 ) Mobile devices are limited to 1Watt (30 dBm) EIRP. Mobile devices operating in these bands must employ a means for limiting power to the minimum necessary for successful communications. ( 4 ) Equipment employed must be authorized in accordance with the provisions of § 27.51 . Power measurements for transmissions by stations authorized under this section may be made either in accordance with a Commission-approved average power technique or in compliance with paragraph (k)(5) of this section. In measuring transmissions in this band using an average power technique, the peak-to-average ratio (PAR) of the transmission may not exceed 13 dB. ( 5 ) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, and any other relevant factors, so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. Table 1 to § 27.50 —Permissible Power and Antenna Heights for Base and Fixed Stations in the 757-758 and 775-776 MHz Bands and for Base and Fixed Stations in the 600 MHz, 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-793 MHz Bands Transmitting a Signal With an Emission Bandwidth of 1 MHz or Less Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts) Above 1372 (4500) 65 Above 1220 (4000) To 1372 (4500) 70 Above 1067 (3500) To 1220 (4000) 75 Above 915 (3000) To 1067 (3500) 100 Above 763 (2500) To 915 (3000) 140 Above 610 (2000) To 763 (2500) 200 Above 458 (1500) To 610 (2000) 350 Above 305 (1000) To 458 (1500) 600 Up to 305 (1000) 1000 Table 2 to § 27.50 —Permissible Power and Antenna Heights for Base and Fixed Stations in the 600 MHz, 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-793 MHz Bands Transmitting a Signal With an Emission Bandwidth of 1 MHz or Less Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts) Above 1372 (4500) 130 Above 1220 (4000) To 1372 (4500) 140 Above 1067 (3500) To 1220 (4000) 150 Above 915 (3000) To 1067 (3500) 200 Above 763 (2500) To 915 (3000) 280 Above 610 (2000) To 763 (2500) 400 Above 458 (1500) To 610 (2000) 700 Above 305 (1000) To 458 (1500) 1200 Up to 305 (1000) 2000 Table 3 to § 27.50 —Permissible Power and Antenna Heights for Base and Fixed Stations in the 600 MHz, 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-793 MHz Bands Transmitting a Signal With an Emission Bandwidth Greater than 1 MHz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) per MHz (watts/MHz) Above 1372 (4500) 65 Above 1220 (4000) To 1372 (4500) 70 Above 1067 (3500) To 1220 (4000) 75 Above 915 (3000) To 1067 (3500) 100 Above 763 (2500) To 915 (3000) 140 Above 610 (2000) To 763 (2500) 200 Above 458 (1500) To 610 (2000) 350 Above 305 (1000) To 458 (1500) 600 Up to 305 (1000) 1000 Table 4 to § 27.50 —Permissible Power and Antenna Heights for Base and Fixed Stations in the 600 MHz, 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-793 MHz Bands Transmitting a Signal With an Emission Bandwidth Greater than 1 MHz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) per MHz (watts/MHz) Above 1372 (4500) 130 Above 1220 (4000) To 1372 (4500) 140 Above 1067 (3500) To 1220 (4000) 150 Above 915 (3000) To 1067 (3500) 200 Above 763 (2500) To 915 (3000) 280 Above 610 (2000) To 763 (2500) 400 Above 458 (1500) To 610 (2000) 700 Above 305 (1000) To 458 (1500) 1200 Up to 305 (1000) 2000 [ 62 FR 16497 , Apr. 7, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.50 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.51 Equipment authorization. ( a ) Each transmitter utilized for operation under this part must be of a type that has been authorized by the Commission under its certification procedure. ( b ) Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter . Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter . [ 65 FR 3147 , Jan. 20, 2000] § 27.52 RF exposure. Licensees and manufacturers shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 85 FR 18151 , Apr. 1, 2020] § 27.53 Emission limits. ( a ) For operations in the 2305-2320 MHz band and the 2345-2360 MHz band, the power of any emission outside a licensee's frequency band(s) of operation shall be attenuated below the transmitter power P (with averaging performed only during periods of transmission) within the licensed band(s) of operation, in watts, by the following amounts: ( 1 ) For base and fixed stations' operations in the 2305-2320 MHz band and the 2345-2360 MHz band: ( i ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of operation, and not less than 75 + 10 log (P) dB on all frequencies between 2320 and 2345 MHz; ( ii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz, 70 + 10 log (P) dB on all frequencies between 2287.5 and 2300 MHz, 72 + 10 log (P) dB on all frequencies between 2285 and 2287.5 MHz, and 75 + 10 log (P) dB below 2285 MHz; ( iii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2362.5 MHz, 55 + 10 log (P) dB on all frequencies between 2362.5 and 2365 MHz, 70 + 10 log (P) dB on all frequencies between 2365 and 2367.5 MHz, 72 + 10 log (P) dB on all frequencies between 2367.5 and 2370 MHz, and 75 + 10 log (P) dB above 2370 MHz. ( 2 ) For fixed customer premises equipment (CPE) stations operating in the 2305-2320 MHz band and the 2345-2360 MHz band transmitting with more than 2 watts per 5 megahertz average EIRP: ( i ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of operation, and not less than 75 + 10 log (P) dB on all frequencies between 2320 and 2345 MHz; ( ii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz, 70 + 10 log (P) dB on all frequencies between 2287.5 and 2300 MHz, 72 + 10 log (P) dB on all frequencies between 2285 and 2287.5 MHz, and 75 + 10 log (P) dB below 2285 MHz; ( iii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2362.5 MHz, 55 + 10 log (P) dB on all frequencies between 2362.5 and 2365 MHz, 70 + 10 log (P) dB on all frequencies between 2365 and 2367.5 MHz, 72 + 10 log (P) dB on all frequencies between 2367.5 and 2370 MHz, and 75 + 10 log (P) dB above 2370 MHz. ( 3 ) For fixed CPE stations operating in the 2305-2320 MHz and 2345-2360 MHz bands transmitting with 2 watts per 5 megahertz average EIRP or less: ( i ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of operation, not less than 55 + 10 log (P) dB on all frequencies between 2320 and 2324 MHz and between 2341 and 2345 MHz, not less than 61 + 10 log (P) dB on all frequencies between 2324 and 2328 MHz and between 2337 and 2341 MHz, and not less than 67 + 10 log (P) dB on all frequencies between 2328 and 2337 MHz; ( ii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz, 55 + 10 log (P) dB on all frequencies between 2296 and 2300 MHz, 61 + 10 log (P) dB on all frequencies between 2292 and 2296 MHz, 67 + 10 log (P) dB on all frequencies between 2288 and 2292 MHz, and 70 + 10 log (P) dB below 2288 MHz; ( iii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2365 MHz, and not less than 70 + 10 log (P) dB above 2365 MHz. ( 4 ) For mobile and portable stations operating in the 2305-2315 MHz and 2350-2360 MHz bands: ( i ) By a factor of not less than: 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of operation, not less than 55 + 10 log (P) dB on all frequencies between 2320 and 2324 MHz and on all frequencies between 2341 and 2345 MHz, not less than 61 + 10 log (P) dB on all frequencies between 2324 and 2328 MHz and on all frequencies between 2337 and 2341 MHz, and not less than 67 + 10 log (P) dB on all frequencies between 2328 and 2337 MHz; ( ii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz, 55 + 10 log (P) dB on all frequencies between 2296 and 2300 MHz, 61 + 10 log (P) dB on all frequencies between 2292 and 2296 MHz, 67 + 10 log (P) dB on all frequencies between 2288 and 2292 MHz, and 70 + 10 log (P) dB below 2288 MHz; ( iii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2365 MHz, and not less than 70 + 10 log (P) dB above 2365 MHz. ( 5 ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands immediately outside and adjacent to the channel blocks at 2305, 2310, 2315, 2320, 2345, 2350, 2355, and 2360 MHz, a resolution bandwidth of at least 1 percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth ( i.e., 1 MHz). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( 6 ) [Reserved] ( 7 ) The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power; ( 8 ) Waiver requests of any of the out-of-band emission limits in paragraphs (a)(1) through (a)(7) of this section shall be entertained only if interference protection equivalent to that afforded by the limits is shown; ( 9 ) [Reserved] ( 10 ) The out-of-band emissions limits in paragraphs (a)(1) through (a)(3) of this section may be modified by the private contractual agreement of all affected licensees, who must maintain a copy of the agreement in their station files and disclose it to prospective assignees, transferees, or spectrum lessees and, upon request, to the Commission. ( b ) For WCS Satellite DARS operations: The limits set forth in § 25.202(f) of this chapter shall apply, except that Satellite DARS operations shall be limited to a maximum power flux density of −197 dBW/m 2 /4 kHz in the 2370-2390 MHz band at Arecibo, Puerto Rico. ( c ) For operations in the 746-758 MHz band and the 776-788 MHz band, the power of any emission outside the licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) within the licensed band(s) of operation, measured in watts, in accordance with the following: ( 1 ) On any frequency outside the 746-758 MHz band, the power of any emission shall be attenuated outside the band below the transmitter power (P) by at least 43 + 10 log (P) dB; ( 2 ) On any frequency outside the 776-788 MHz band, the power of any emission shall be attenuated outside the band below the transmitter power (P) by at least 43 + 10 log (P) dB; ( 3 ) On all frequencies between 763-775 MHz and 793-805 MHz, by a factor not less than 76 + 10 log (P) dB in a 6.25 kHz band segment, for base and fixed stations; ( 4 ) On all frequencies between 763-775 MHz and 793-805 MHz, by a factor not less than 65 + 10 log (P) dB in a 6.25 kHz band segment, for mobile and portable stations; ( 5 ) Compliance with the provisions of paragraphs (c)(1) and (c)(2) of this section is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. However, in the 100 kHz bands immediately outside and adjacent to the frequency block, a resolution bandwidth of at least 30 kHz may be employed; ( 6 ) Compliance with the provisions of paragraphs (c)(3) and (c)(4) of this section is based on the use of measurement instrumentation such that the reading taken with any resolution bandwidth setting should be adjusted to indicate spectral energy in a 6.25 kHz segment. ( d ) [Reserved] ( e ) For operations in the 775-776 MHz and 805-806 MHz bands, transmitters must comply with either paragraphs (d)(1) through (5) of this section or the ACP emission limitations set forth in paragraphs (d)(6) to (d)(9) of this section. ( 1 ) On all frequencies between 758-775 MHz and 788-805 MHz, the power of any emission outside the licensee's frequency bands of operation shall be attenuated below the transmitter power (P) within the licensed band(s) of operation, measured in watts, by a factor not less than 76 + 10 log (P) dB in a 6.25 kHz band segment, for base and fixed stations; ( 2 ) On all frequencies between 758-775 MHz and 788-805 MHz, the power of any emission outside the licensee's frequency bands of operation shall be attenuated below the transmitter power (P) within the licensed band(s) of operation, measured in watts, by a factor not less than 65 + 10 log (P) dB in a 6.25 kHz band segment, for mobile and portable stations; ( 3 ) On any frequency outside the 775-776 MHz and 805-806 MHz bands, the power of any emission shall be attenuated outside the band below the transmitter power (P) within the licensed band(s) of operation, measured in watts, by at least 43 + 10 log (P) dB; ( 4 ) Compliance with the provisions of paragraphs (e)(1) and (e)(2) of this section is based on the use of measurement instrumentation such that the reading taken with any resolution bandwidth setting should be adjusted to indicate spectral energy in a 6.25 kHz segment; ( 5 ) Compliance with the provisions of paragraph (e)(3) of this section is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. However, in the 100 kHz bands immediately outside and adjacent to the frequency block, a resolution bandwidth of at least 30 kHz may be employed. ( 6 ) The adjacent channel power (ACP) requirements for transmitters designed for various channel sizes are shown in the following tables. Mobile station requirements apply to handheld, car mounted and control station units. The tables specify a value for the ACP as a function of the displacement from the channel center frequency and measurement bandwidth. In the following tables, “(s)” indicates a swept measurement may be used. 6.25 kHz Mobile Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 6.25 6.25 −40 12.5 6.25 −60 18.75 6.25 −60 25.00 6.25 −65 37.50 25.00 −65 62.50 25.00 −65 87.50 25.00 −65 150.00 100.00 −65 250.00 100.00 −65 350.00 100.00 −65 >400 kHz to 12 MHz 30(s) −75 12 MHz to paired receive band 30(s) −75 In the paired receive band 30(s) −100 12.5 kHz Mobile Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 9.375 6.25 −40 15.625 6.25 −60 21.875 6.25 −60 37.50 25.00 −60 62.50 25.00 −65 87.50 25.00 −65 150.00 100 −65 250.00 100 −65 350.00 100 −65 >400 to 12 MHz 30(s) −75 12 MHz to paired receive band 30(s) −75 In the paired receive band 30(s) −100 25 kHz Mobile Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 15.625 6.25 −40 21.875 6.25 −60 37.50 25 −60 62.50 25 −65 87.50 25 −65 150.00 100 −65 250.00 100 −65 350.00 100 −65 >400 kHz to 12 MHz 30(s) −75 12 MHz to paired receive band 30(s) −75 In the paired receive band 30(s) −100 150 kHz Mobile Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP relative (dBc) 100 50 −40 200 50 −50 300 50 −50 400 50 −50 600-1000 30(s) −60 1000 to receive band 30(s) −70 In the receive band 30(s) −100 6.25 kHz Base Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 6.25 6.25 −40 12.50 6.25 −60 18.75 6.25 −60 25.00 6.25 −65 37.50 25 −65 62.50 25 −65 87.50 25 −65 150.00 100 −65 250.00 100 −65 350.00 100 −65 >400 kHz to 12 MHz 30(s) −80 12 MHz to paired receive band 30(s) −80 In the paired receive band 30(s) 1 −85 1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees deploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. 12.5 kHz Base Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 9.375 6.25 −40 15.625 6.25 −60 21.875 6.25 −60 37.5 25 −60 62.5 25 −65 87.5 25 −65 150 100 −65 250 100 −65 350.00 100 −65 >400 kHz to 12 MHz 30(s) −80 12 MHz to paired receive band 30(s) −80 In the paired receive band 30(s) 1 −85 1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees deploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. 25 kHz Base Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 15.625 6.25 −40 21.875 6.25 −60 37.5 25 −60 62.5 25 −65 87.5 25 −65 150 100 −65 250 100 −65 350 100.00 −65 >400 kHz to 12 MHz 30(s) −80 12 MHz to paired receive band 30(s) −80 In the paired receive band 30(s) 1 −85 1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees deploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. 150 kHz Base Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 100 50 −40 200 50 −50 300 50 −55 400 50 −60 600-1000 30(s) −65 1000 to receive band 30(s) −75 (continues at −6dB/oct In the receive band 30(s) 1 −85 1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees deploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. ( 7 ) ACP measurement procedure. The following procedures are to be followed for making ACP transmitter measurements. For time division multiple access (TDMA) systems, the measurements are to be made under TDMA operation only during time slots when the transmitter is on. All measurements must be made at the input to the transmitter's antenna. Measurement bandwidth used below implies an instrument that measures the power in many narrow bandwidths ( e.g., 300 Hz) and integrates these powers across a larger band to determine power in the measurement bandwidth. ( i ) Setting reference level. Using a spectrum analyzer capable of ACP measurements, set the measurement bandwidth to the channel size. For example, for a 6.25 kHz transmitter, set the measurement bandwidth to 6.25 kHz; for a 150 kHz transmitter, set the measurement bandwidth to 150 kHz. Set the frequency offset of the measurement bandwidth to zero and adjust the center frequency of the spectrum analyzer to give the power level in the measurement bandwidth. Record this power level in dBm as the “reference power level”. ( ii ) Non-swept power measurement. Using a spectrum analyzer capable of ACP measurements, set the measurement bandwidth as shown in the tables above. Measure the ACP in dBm. These measurements should be made at maximum power. Calculate the coupled power by subtracting the measurements made in this step from the reference power measured in the previous step. The absolute ACP values must be less than the values given in the table for each condition above. ( iii ) Swept power measurement. Set a spectrum analyzer to 30 kHz resolution bandwidth, 1 MHz video bandwidth and sample mode detection. Sweep ±MHz from the carrier frequency. Set the reference level to the RMS value of the transmitter power and note the absolute power. The response at frequencies greater than 600 kHz must be less than the values in the tables above. ( 8 ) Out-of-band emission limit. On any frequency outside of the frequency ranges covered by the ACP tables in this section, the power of any emission must be reduced below the unmodulated carrier power (P) by at least 43 + 10 log (P) dB. ( 9 ) Authorized bandwidth. Provided that the ACP requirements of this section are met, applicants may request any authorized bandwidth that does not exceed the channel size. ( f ) For operations in the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands, emissions in the band 1559-1610 MHz shall be limited to −70 dBW/MHz equivalent isotropically radiated power (EIRP) for wideband signals, and −80 dBW EIRP for discrete emissions of less than 700 Hz bandwidth. For the purpose of equipment authorization, a transmitter shall be tested with an antenna that is representative of the type that will be used with the equipment in normal operation. ( g ) For operations in the 600 MHz band and the 698-746 MHz band, the power of any emission outside a licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) within the licensed band(s) of operation, measured in watts, by at least 43 + 10 log (P) dB. Compliance with this provision is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kilohertz or greater. However, in the 100 kilohertz bands immediately outside and adjacent to a licensee's frequency block, a resolution bandwidth of at least 30 kHz may be employed. ( h ) AWS emission limits — ( 1 ) General protection levels. Except as otherwise specified below, for operations in the 1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz, 1915-1920 MHz, 1995-2000 MHz, 2000-2020 MHz, 2110-2155 MHz, 2155-2180 MHz, and 2180-2200 bands, the power of any emission outside a licensee's frequency block shall be attenuated below the transmitter power (P) in watts by at least 43 + 10 log 10 (P) dB. ( 2 ) Additional protection levels. Notwithstanding the foregoing paragraph (h)(1) of this section: ( i ) Operations in the 2180-2200 MHz band are subject to the out-of-band emission requirements set forth in § 27.1134 for the protection of federal government operations operating in the 2200-2290 MHz band. ( ii ) For operations in the 2000-2020 MHz band, the power of any emissions below 2000 MHz shall be attenuated below the transmitter power (P) in watts by at least 70 + 10 log 10 (P) dB. ( iii ) For operations in the 1915-1920 MHz band, the power of any emission between 1930-1995 MHz shall be attenuated below the transmitter power (P) in watts by at least 70 + 10 log 10 (P) dB. ( iv ) For operations in the 1995-2000 MHz band, the power of any emission between 2005-2020 MHz shall be attenuated below the transmitter power (P) in watts by at least 70 + 10 log 10 (P) dB. ( 3 ) Measurement procedure. ( i ) Compliance with this provision is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and adjacent to the licensee's frequency block, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( ii ) When measuring the emission limits, the nominal carrier frequency shall be adjusted as close to the licensee's frequency block edges, both upper and lower, as the design permits. ( iii ) The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power. ( 4 ) Private agreements. ( i ) For AWS operations in the 2000-2020 MHz and 2180-2200 MHz bands, to the extent a licensee establishes unified operations across the AWS blocks, that licensee may choose not to observe the emission limit specified in paragraph (h)(1), above, strictly between its adjacent block licenses in a geographic area, so long as it complies with other Commission rules and is not adversely affecting the operations of other parties by virtue of exceeding the emission limit. ( ii ) For AWS operations in the 2000-2020 MHz band, a licensee may enter into private agreements with all licensees operating between 1995 and 2000 MHz to allow the 70 + 10 log 10 (P) dB limit to be exceeded within the 1995-2000 MHz band. ( iii ) An AWS licensee who is a party to a private agreement described in this section (4) must maintain a copy of the agreement in its station files and disclose it, upon request, to prospective AWS assignees, transferees, or spectrum lessees and to the Commission. ( i ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. ( j ) ( 1 ) For operations in the unpaired 1390-1392 MHz band and the paired 1392-1395 MHz and 1432-1435 MHz bands, the power of any emission outside the licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) by at least 43 + 10 log (P) dB. Compliance with these provisions is based on the procedures described in paragraph (a)(5) of this section. ( 2 ) In the 1390-1395 MHz and 1432-1435 MHz bands, licensees are encouraged to take all reasonable steps to ensure that unwanted emission power does not exceed the following levels in the band 1400-1427 MHz: ( i ) For stations of point-to-point systems in the fixed service: −45 dBW/27 MHz. ( ii ) For stations in the mobile service: −60 dBW/27 MHz. ( k ) For operations in the 1670-1675 MHz, the power of any emission outside the licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) by at least 43 + 10 log (P) dB. Compliance with these provisions is based on the procedures described in paragraph (a)(5) of this section. ( l ) 3.7 GHz Service. The following emission limits apply to stations transmitting in the 3700-3980 MHz band: ( 1 ) For base station operations in the 3700-3980 MHz band, the conducted power of any emission outside the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with this paragraph (l)(1) is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and adjacent to the licensee's frequency block, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( 2 ) For mobile operations in the 3700-3980 MHz band, the conducted power of any emission outside the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with this paragraph (l)(2) is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and adjacent to the licensee's frequency block, the minimum resolution bandwidth for the measurement shall be either one percent of the emission bandwidth of the fundamental emission of the transmitter or 350 kHz. In the bands between 1 and 5 MHz removed from the licensee's frequency block, the minimum resolution bandwidth for the measurement shall be 500 kHz. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( m ) For BRS and EBS stations, the power of any emissions outside the licensee's frequency bands of operation shall be attenuated below the transmitter power (P) measured in watts in accordance with the standards below. If a licensee has multiple contiguous channels, out-of-band emissions shall be measured from the upper and lower edges of the contiguous channels. ( 1 ) Prior to the transition, and thereafter, solely within the MBS, for analog operations with an EIRP in excess of −9 dBW, the signal shall be attenuated at the channel edges by at least 38 dB relative to the peak visual carrier, then linearly sloping from that level to at least 60 dB of attenuation at 1 MHz below the lower band edge and 0.5 MHz above the upper band edge, and attenuated at least 60 dB at all other frequencies. ( 2 ) For digital base stations, the attenuation shall be not less than 43 + 10 log (P) dB, unless a documented interference complaint is received from an adjacent channel licensee with an overlapping Geographic Service Area. Mobile Satellite Service licensees operating on frequencies below 2495 MHz may also submit a documented interference complaint against BRS licensees operating on channel BRS No. 1 on the same terms and conditions as adjacent channel BRS or EBS licensees. Provided that a documented interference complaint cannot be mutually resolved between the parties prior to the applicable deadline, then the following additional attenuation requirements shall apply: ( i ) If a pre-existing base station suffers harmful interference from emissions caused by a new or modified base station located 1.5 km or more away, within 24 hours of the receipt of a documented interference complaint the licensee of the new or modified base station must attenuate its emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block and shall immediately notify the complaining licensee upon implementation of the additional attenuation. No later than 60 days after the implementation of such additional attenuation, the licensee of the complaining base station must attenuate its base station emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block of the new or modified base station. ( ii ) If a pre-existing base station suffers harmful interference from emissions caused by a new or modified base station located less than 1.5 km away, within 24 hours of receipt of a documented interference complaint the licensee of the new or modified base station must attenuate its emissions by at least 67 + 10 log (P)−20 log (Dkm/1.5) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block of the complaining licensee, or if both base stations are co-located, limit its undesired signal level at the pre-existing base station receiver(s) to no more than −107 dBm measured in a 5.5 megahertz bandwidth and shall immediately notify the complaining licensee upon such reduction in the undesired signal level. No later than 60 days after such reduction in the undesired signal level, the complaining licensee must attenuate its base station emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block of the new or modified base station. ( iii ) If a new or modified base station suffers harmful interference from emissions caused by a pre-existing base station located 1.5 km or more away, within 60 days of receipt of a documented interference complaint the licensee of each base station must attenuate its base station emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block of the other licensee. ( iv ) If a new or modified base station suffers harmful interference from emissions caused by a pre-existing base station located less than 1.5 km away, within 60 days of receipt of a documented interference complaint: (a) The licensee of the new or modified base station must attenuate its OOBE by at least 67 + 10 log (P)−20 log (Dkm/1.5) measured 3 megahertz above or below, from the channel edge of its frequency block of the other licensee, or if the base stations are co-located, limit its undesired signal level at the other base station receiver(s) to no more than −107 dBm measured in a 5.5-megahertz bandwidth; and (b) the licensee causing the interference must attenuate its emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block of the new or modified base station. ( v ) For all fixed digital user stations, the attenuation factor shall be not less than 43 + 10 log (P) dB at the channel edge. ( 3 ) Prior to transition and thereafter solely within the MBS, and notwithstanding paragraph (l)(2) of this section, the maximum out-of-band power of a digital transmitter operating on a single 6 MHz channel with an EIRP in excess of −9 dBW employing digital modulation for the primary purpose of transmitting video programming shall be attenuated at the 6 MHz channel edges at least 25 dB relative to the licensed average 6 MHz channel power level, then attenuated along a linear slope to at least 40 dB at 250 kHz beyond the nearest channel edge, then attenuated along a linear slope from that level to at least 60 dB at 3 MHz above the upper and below the lower licensed channel edges, and attenuated at least 60 dB at all other frequencies. ( 4 ) For mobile digital stations, the attenuation factor shall be not less than 40 + 10 log (P) dB on all frequencies between the channel edge and 5 megahertz from the channel edge, 43 + 10 log (P) dB on all frequencies between 5 megahertz and X megahertz from the channel edge, and 55 + 10 log (P) dB on all frequencies more than X megahertz from the channel edge, where X is the greater of 6 megahertz or the actual emission bandwidth as defined in paragraph (m)(6) of this section. In addition, the attenuation factor shall not be less that 43 + 10 log (P) dB on all frequencies between 2490.5 MHz and 2496 MHz and 55 + 10 log (P) dB at or below 2490.5 MHz. Mobile Satellite Service licensees operating on frequencies below 2495 MHz may also submit a documented interference complaint against BRS licensees operating on channel BRS Channel 1 on the same terms and conditions as adjacent channel BRS or EBS licensees. ( 5 ) Notwithstanding the provisions of paragraphs (l)(2) and (l)(4) of this section, prior to transition, a licensee may continue to operate facilities deployed as of January 10, 2005 provided that such facilities operate in compliance with the emission mask applicable to those services prior to January 10, 2005. ( 6 ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 MHz bands immediately outside and adjacent to the frequency block a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed; for mobile digital stations, in the 1 megahertz bands immediately outside and adjacent to the frequency block a resolution bandwidth of at least two percent may be employed, except when the 1 megahertz band is 2495-2496 MHz, in which case a resolution bandwidth of at least one percent may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth (i.e. 1 megahertz or 1 percent of emission bandwidth, as specified; or 1 megahertz or 2 percent for mobile digital stations, except in the band 2495-2496 MHz). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. With respect to television operations, measurements must be made of the separate visual and aural operating powers at sufficiently frequent intervals to ensure compliance with the rules. ( 7 ) Alternative out of band emission limit. Licensees in this service may establish an alternative out of band emission limit to be used at specified band edge(s) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC. ( n ) 3.45 GHz Service. The following emission limits apply to stations transmitting in the 3450-3550 MHz band: ( 1 ) For base station operations in the 3450-3550 MHz band, the conducted power of any emission outside the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with the provisions of this paragraph (n)(1) is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and adjacent to the licensee's frequency block, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed, but limited to a maximum of 200 kHz. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. Notwithstanding the channel edge requirement of −13 dBm per megahertz, for base station operations in the 3450-3550 MHz band, the conducted power of any emission below 3440 MHz or above 3560 MHz shall not exceed −25 dBm/MHz, and the conducted power of emissions below 3430 MHz or above 3570 MHz shall not exceed −40 dBm/MHz. ( 2 ) For mobile operations in the 3450-3550 MHz band, the conducted power of any emission outside the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with this paragraph (n)(2) is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and adjacent to the licensee's frequency block, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed, but limited to a maximum of 200 kHz. In the bands between 1 and 5 MHz removed from the licensee's frequency block, the minimum resolution bandwidth for the measurement shall be 500 kHz. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( o ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. [ 62 FR 16497 , Apr. 7, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.53 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.54 Frequency stability. The frequency stability shall be sufficient to ensure that the fundamental emissions stay within the authorized bands of operation. § 27.55 Power strength limits. ( a ) Field strength limits. For the following bands, the predicted or measured median field strength at any location on the geographical border of a licensee's service area shall not exceed the value specified unless the adjacent affected service area licensee(s) agree(s) to a different field strength. This value applies to both the initially offered service areas and to partitioned service areas. ( 1 ) 1995-2000 MHz, 2110-2155, 2155-2180, 2180-2200, 2305-2320, and 2345-2360 MHz bands: 47 dBµV/m. ( 2 ) 600 MHz, 698-758, and 775-787 MHz bands: 40 dBµV/m. ( 3 ) The paired 1392-1395 MHz and 1432-1435 MHz bands and the unpaired 1390-1392 MHz band (1.4 GHz band): 47 dBµV/m. ( 4 ) BRS and EBS: The predicted or measured median field strength at any location on the geographical border of a licensee's service area shall not exceed the value specified unless the adjacent affected service area licensee(s) agree(s) to a different field strength. This value applies to both the initially offered services areas and to partitioned services areas. Licensees may exceed this signal level where there is no affected licensee that is constructed and providing service. Once the affected licensee is providing service, the original licensee will be required to take whatever steps necessary to comply with the applicable power level at its GSA boundary, absent consent from the affected licensee. ( i ) Prior to transition, the signal strength at any point along the licensee's GSA boundary does not exceed the greater of that permitted under the licensee's Commission authorizations as of January 10, 2005 or 47 dBµV/m. ( ii ) Following transition, for stations in the LBS and UBS, the signal strength at any point along the licensee's GSA boundary must not exceed 47 dBµV/m. This field strength is to be measured at 1.5 meters above the ground over the channel bandwidth ( i.e. , each 5.5 MHz channel for licensees that hold a full channel block, and for the 5.5 MHz channel for licensees that hold individual channels). ( iii ) Following transition, for stations in the MBS, the signal strength at any point along the licensee's GSA boundary must not exceed the greater of −73.0 + 10 log(X/6) dBW/m 2 , where X is the bandwidth in megahertz of the channel, or for facilities that are substantially similar to the licensee's pre-transition facilities (including modifications that do not alter the fundamental nature or use of the transmissions), the signal strength at such point that resulted from the station's operations immediately prior to the transition, provided that such operations complied with paragraph (a)(4)(i) of this section. ( b ) Power flux density limit for stations operating in the 698-746 MHz bands. For base and fixed stations operating in the 698-746 MHz band in accordance with the provisions of § 27.50(c)(6) , the power flux density that would be produced by such stations through a combination of antenna height and vertical gain pattern must not exceed 3000 microwatts per square meter on the ground over the area extending to 1 km from the base of the antenna mounting structure. ( c ) Power flux density limit for stations operating in the 746-757 MHz and 776-787 MHz bands. For base and fixed stations operating in the 746-757 MHz and 776-787 MHz bands in accordance with the provisions of § 27.50(b)(6) , the power flux density that would be produced by such stations through a combination of antenna height and vertical gain pattern must not exceed 3000 microwatts per square meter on the ground over the area extending to 1 km from the base of the antenna mounting structure. ( d ) Power flux density for stations operating in the 3700-3980 MHz band. For base and fixed stations operation in the 3700-3980 MHz band in accordance with the provisions of § 27.50(j) , the power flux density (PFD) at any location on the geographical border of a licensee's service area shall not exceed −76 dBm/m 2 /MHz. This power flux density will be measured at 1.5 meters above ground. Licensees in adjacent geographic areas may voluntarily agree to operate under a higher PFD at their common boundary. ( e ) Power flux density for stations operating in the 3450-3550 MHz band. For base and fixed stations operation in the 3450-3550 MHz band in accordance with the provisions of § 27.50(k) , the power flux density (PFD) at any location on the geographical border of a licensee's service area shall not exceed −76 dBm/m 2 /MHz. This power flux density will be measured at 1.5 meters above ground. Licensees in adjacent geographic areas may voluntarily agree to operate under a higher PFD at their common boundary. [ 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 FR 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; 79 FR 48539 , Aug. 15, 2014; 85 FR 22882 , Apr. 23, 2020; 86 FR 17954 , Apr. 7, 2021] § 27.56 Antenna structures; air navigation safety. A licensee that owns its antenna structure(s) must not allow such antenna structure(s) to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter , and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, the FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter . See § 17.6 of this chapter . ( a ) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration. For any construction or alteration that would exceed the requirements of section 17.7 of this chapter , licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, WTB, 1270 Fairfield Road, Gettysburg, PA 17325. ( b ) Maintenance contracts. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) may enter into contracts with other entities to monitor and carry out necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) that make such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety. § 27.57 International coordination. ( a ) WCS operations in the border areas shall be subject to coordination with those countries and provide protection to non-U.S. operations in the 2305-2320 and 2345-2360 MHz bands as appropriate. In addition, satellite DARS operations in WCS spectrum shall be subject to international satellite coordination procedures. ( b ) Wireless operations in the 512-608 MHz, 614-763 MHz, 775-793 MHz, and 805-806 MHz bands are subject to current and future international agreements between the United States and Canada and the United States and Mexico. Unless otherwise modified by international treaty, licenses must not cause interference to, and must accept harmful interference from, television broadcast operations in Mexico and Canada, where these services are co-primary in the band. ( c ) Operation in the 1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz, 1915-1920 MHz, 1995-2000 MHz, 2000-2020 MHz, 2110-2155 MHz, 2155-2180 MHz, 2180-2200 MHz, 3450-3550 MHz, and 3700-3980 MHz bands is subject to international agreements with Mexico and Canada. [ 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 599 , Jan. 6, 2014; 79 FR 32413 , June 4, 2014; 79 FR 48539 , Aug. 15, 2014; 86 FR 17954 , Apr. 7, 2021] § 27.58 Interference to BRS/EBS receivers. ( a ) WCS licensees shall bear full financial obligation to remedy interference to BRS/EBS block downconverters if all of the following conditions are met: ( 1 ) The complaint is received by the WCS licensee prior to February 20, 2002; ( 2 ) The BRS/EBS downconverter was installed prior to August 20, 1998; ( 3 ) The WCS fixed or land station transmits at 50 or more watts peak EIRP; ( 4 ) The BRS/EBS downconverter is located within a WCS transmitter's free space power flux density contour of −34 dBW/m 2 ; and ( 5 ) The BRS/EBS customer or licensee has informed the WCS licensee of the interference within one year from the initial operation of the WCS transmitter or within one year from any subsequent power increases at the WCS station. ( b ) Resolution of the complaint shall be at no cost to the complainant. ( c ) Two or more WCS licensees collocating their antennas on the same tower shall assume shared responsibility for remedying interference complaints within the area determined by paragraph (a)(4) of this section unless an offending station can be readily determined and then that station shall assume full financial responsibility. ( d ) If the WCS licensee cannot otherwise eliminate interference caused to BRS/EBS reception, then that licensee must cease operations from the offending WCS facility. ( e ) At least 30 days prior to commencing operations from any new WCS transmission site or with increased power from any existing WCS transmission site, a WCS licensee shall notify all BRS/EBS licensees in or through whose licensed service areas they intend to operate of the technical parameters of the WCS transmission facility. WCS and BRS/EBS licensees are expected to coordinate voluntarily and in good faith to avoid interference problems and to allow the greatest operational flexibility in each other's operations. [ 62 FR 16498 , Apr. 7, 1997, as amended at 69 FR 72034 , Dec. 10, 2004] §§ 27.59-27.62 [Reserved] § 27.64 Protection from interference. Wireless Communications Service (WCS) stations operating in full accordance with applicable FCC rules and the terms and conditions of their authorizations are normally considered to be non-interfering. If the FCC determines, however, that interference which significantly interrupts or degrades a radio service is being caused, it may, after notice and an opportunity for a hearing, require modifications to any WCS station as necessary to eliminate such interference. ( a ) Failure to operate as authorized. Any licensee causing interference to the service of other stations by failing to operate its station in full accordance with its authorization and applicable FCC rules shall discontinue all transmissions, except those necessary for the immediate safety of life or property, until it can bring its station into full compliance with the authorization and rules. ( b ) Intermodulation interference. Licensees should attempt to resolve such interference by technical means. ( c ) Situations in which no protection is afforded. Except as provided elsewhere in this part, no protection from interference is afforded in the following situations: ( 1 ) Interference to base receivers from base or fixed transmitters. Licensees should attempt to resolve such interference by technical means or operating arrangements. ( 2 ) Interference to mobile receivers from mobile transmitters. No protection is provided against mobile-to-mobile interference. ( 3 ) Interference to base receivers from mobile transmitters. No protection is provided against mobile-to-base interference. ( 4 ) Interference to fixed stations. Licensees should attempt to resolve such interference by technical means or operating arrangements. ( 5 ) Anomalous or infrequent propagation modes. No protection is provided against interference caused by tropospheric and ionospheric propagation of signals. ( d ) Harmful interference to SDARS operations requiring resolution. The following conditions will be presumed to constitute harmful interference to SDARS operations from WCS operations in the 2305-2320 MHz and 2345-2360 MHz bands and require WCS operators to work cooperatively with SDARS operators to address areas where such power levels are exceeded and harmful interference occurs: ( 1 ) A WCS ground signal level greater than −44 dBm in the upper or lower A or B block, or −55 dBm in the C or D block, present at a location on a roadway, where a test demonstrates that SDARS service would be muted over a road distance of greater than 50 meters; or ( 2 ) A WCS ground signal level exceeding −44 dBm in the upper or lower A or B block, or −55 dBm in the C or D block on a test drive route, which is mutually agreed upon by the WCS licensee and the SDARS licensee, for more than 1 percent of the cumulative surface road distance on that drive route, where a test demonstrates that SDARS service would be muted over a cumulative road distance of greater than 0.5 percent (incremental to any muting present prior to use of WCS frequencies in the area of that drive test). [ 62 FR 9658 , Mar. 3, 1997, as amended at 78 FR 9621 , Feb. 11, 2013] § 27.65 Acceptance of interference in 2000-2020 MHz. ( a ) Receivers operating in the 2000-2020 MHz band must accept interference from lawful operations in the 1995-2000 MHz band, where such interference is due to: ( 1 ) The in-band power of any operations in 1995-2000 MHz (i.e., the portion transmit power contained in the 1995-2000 MHz band); or ( 2 ) The portion of out-of-band emissions contained in 2000-2005 MHz. ( b ) [Reserved] [ 78 FR 8270 , Feb. 5, 2013] § 27.66 Discontinuance, reduction, or impairment of service. ( a ) Involuntary act. If the service provided by a fixed common carrier licensee, or a fixed common carrier operating on spectrum licensed to a Guard Band Manager, is involuntarily discontinued, reduced, or impaired for a period exceeding 48 hours, the licensee must promptly notify the Commission, in writing, as to the reasons for discontinuance, reduction, or impairment of service, including a statement when normal service is to be resumed. When normal service is resumed, the licensee must promptly notify the Commission. ( b ) Voluntary act by common carrier. If a fixed common carrier licensee, or a fixed common carrier operating on spectrum licensed to a Guard Band Manager, voluntarily discontinues, reduces, or impairs service to a community or part of a community, it must obtain prior authorization as provided under § 63.71 of this chapter . An application will be granted within 31 days after filing if no objections have been received. ( c ) Voluntary act by non-common carrier. If a fixed non-common carrier licensee, or a fixed non-common carrier operating on spectrum licensed to a Guard Band Manager, voluntarily discontinues, reduces, or impairs service to a community or part of a community, it must given written notice to the Commission within seven days. ( d ) Notifications and requests. Notifications and requests identified in paragraphs(a) through (c) of this section should be sent to: Federal Communications Commission, Common Carrier Radio Services, 1270 Fairfield Road, Gettysburg, Pennsylvania, 17325. [ 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] § 27.70 Information exchange. ( a ) Prior notification. Public safety licensees authorized to operate in the 758-775 MHz and 788-805 MHz bands may notify any licensee authorized to operate in the 746-757 or 776-787 MHz bands that they wish to receive prior notification of the activation or modification of the licensee's base or fixed stations in their area. Thereafter, the 746-757 or 776-787 MHz band licensee must provide the following information to the public safety licensee at least 10 business days before a new base or fixed station is activated or an existing base or fixed station is modified: ( 1 ) Location; ( 2 ) Effective radiated power; ( 3 ) Antenna height; and ( 4 ) Channels available for use. ( b ) Purpose of prior notification. The prior coordination of base or fixed stations is for informational purposes only. Public safety licensees are not afforded the right to accept or reject the activation of a proposed base or fixed station or to unilaterally require changes in its operating parameters. The principal purposes of notification are to: ( 1 ) Allow a public safety licensee to advise the 746-757 or 776-787 MHz band licensee whether it believes a proposed base or fixed station will generate unacceptable interference; ( 2 ) Permit 746-757 and 776-787 MHz band licensees to make voluntary changes in base or fixed station parameters when a public safety licensee alerts them to possible interference; and, ( 3 ) Rapidly identify the source if interference is encountered when the base or fixed station is activated. [ 72 FR 27712 , May 16, 2007, as amended at 72 FR 48853 , Aug. 24, 2007; 79 FR 599 , Jan. 6, 2014] § 27.72 Information sharing requirements. This section requires WCS licensees in the 2305-2320 MHz and 2345-2360 MHz bands to share information regarding the location and operation of base and fixed stations (except fixed customer premises equipment) with Satellite Digital Audio Radio Service (SDARS) licensees in the 2320-2345 MHz band. Section 25.263 of this chapter requires SDARS licensees in the 2320-2345 MHz band to share information regarding the location and operation of terrestrial repeaters with WCS licensees in the 2305-2320 MHz and 2345-2360 MHz bands. WCS licensees are encouraged to develop separate coordination agreements with SDARS licensees to facilitate efficient deployment of and coexistence between each service. To the extent the provisions of any such coordination agreement conflict with the requirements set forth herein, the procedures established under a coordination agreement will control. WCS licensees must maintain a copy of any coordination agreement with an SDARS licensee in their station files and disclose it to prospective assignees, transferees, or spectrum lessees and, upon request, to the Commission. ( a ) Sites and frequency selections. WCS licensees must select base and fixed station sites and frequencies, to the extent practicable, to minimize the possibility of harmful interference to operations in the SDARS 2320-2345 MHz band. ( b ) Prior notice periods. WCS licensees that intend to operate a base or fixed station must, before commencing such operation, provide 10 business days prior notice to all SDARS licensees. WCS licensees that intend to modify an existing station must, before commencing such modified operation, provide 5 business days prior notice to all SDARS licensees. For the purposes of this section, a business day is defined by § 1.4(e)(2) of this chapter . ( 1 ) For modifications other than changes in location, a licensee may provide notice within 24 hours after the modified operation if the modification does not result in a predicted increase of the power flux density (PFD) at ground level by more than 1 dB since the last advance notice was given. If a demonstration is made by the SDARS licensee that such modifications may cause harmful interference to SDARS receivers, WCS licensees will be required to provide notice 5 business days in advance of additional station modifications. ( 2 ) WCS base and fixed stations operating below 2 watts equivalent isotropically radiated power (EIRP) are exempt from the notice requirements set forth in this paragraph. ( 3 ) WCS and SDARS licensees may enter into agreements regarding alternative notification procedures. ( c ) Contents of notice. ( 1 ) Notification must be written ( e.g., certified letter, fax, or e-mail) and include the licensee's name, and the name, address, and telephone number of its coordination representative, unless the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification by some other means. WCS licensees and SDARS licensees may establish such a mutually agreeable alternative notification mechanism without prior Commission approval, provided that they comply with all other requirements of this section. ( 2 ) Regardless of the notification method, it must specify relevant technical details, including, at a minimum: ( i ) The coordinates of the proposed base or fixed stations to an accuracy of no less than ±1 second latitude and longitude; ( ii ) The proposed operating power(s), frequency band(s), and emission(s); ( iii ) The antenna center height above ground and ground elevation above mean sea level, both to an accuracy of no less than ±1 meter; ( iv ) The antenna gain pattern(s) in the azimuth and elevation planes that include the peak of the main beam; and ( v ) The antenna downtilt angle(s). ( 3 ) A WCS licensee operating base or fixed stations must maintain an accurate and up-to-date inventory of its stations, including the information set forth in § 27.72(c)(2) , which shall be available upon request by the Commission. ( d ) Calculation of notice period. Notice periods are calculated from the date of receipt by the licensee being notified. If notification is by mail, the date of receipt is evidenced by the return receipt on certified mail. If notification is by fax, the date of receipt is evidenced by the notifying party's fax transmission confirmation log. If notification is by e-mail, the date of receipt is evidenced by a return e-mail receipt. If the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification by some other means, that agreement must specify the method for determining the beginning of the notice period. ( e ) Duty to cooperate. WCS licensees must cooperate in good faith in the selection and use of new station sites and new frequencies to reduce interference and make the most effective use of the authorized facilities. WCS licensees should provide SDARS licensees as much lead time as practicable to provide ample time to conduct analyses and opportunity for prudent base station site selection prior to WCS licensees entering into real estate and tower leasing or purchasing agreements. WCS licensees must have sufficient operational flexibility in their network design to implement one or more technical solutions to remedy harmful interference. Licensees of stations suffering or causing harmful interference, as defined in § 27.64(d) , must cooperate in good faith and resolve such problems by mutually satisfactory arrangements. If the licensees are unable to do so, the Wireless Telecommunications Bureau, in consultation with the Office of Engineering and Technology and the Space Bureau, will consider the actions taken by the parties to mitigate the risk of and remedy any alleged interference. In determining the appropriate action, the Bureau will take into account the nature and extent of the interference and act promptly to remedy the interference. The Bureau may impose restrictions on WCS licensees, including specifying the transmitter power, antenna height, or other technical or operational measures to remedy the interference, and will take into account previous measures by the licensees to mitigate the risk of interference. [ 75 FR 45071 , Aug. 2, 2010, as amended at 78 FR 9622 , Feb. 11, 2013; 88 FR 21442 , Apr. 10, 2023] § 27.73 WCS, AMT, and Goldstone coordination requirements. This section requires Wireless Communications Services (WCS) licensees in the 2305-2320 MHz and 2345-2360 MHz bands, respectively, to coordinate the deployment of base and fixed stations (except fixed customer premises equipment) with the Goldstone, CA Deep Space Network (DSN) facility in the 2290-2300 MHz band and with Aeronautical Mobile Telemetry (AMT) facilities in the 2360-2395 MHz band; and to take all practicable steps necessary to minimize the risk of harmful interference to AMT and DSN facilities. ( a ) WCS licensees operating base and fixed stations in the 2345-2360 MHz band must, prior to operation of such stations, achieve a mutually satisfactory coordination agreement with the AMT entity(ies) ( i.e., FCC licensee(s) and/or Federal operator(s)) for any AMT receiver facility within 45 kilometers or radio line of sight, whichever distance is larger, of the intended WCS base or fixed station location. The coordinator for the assignment of flight test frequencies in the 2360-2390 MHz band, Aerospace and Flight Test Radio Coordination Council (AFTRCC) or successors of AFTRCC, will facilitate a mutually satisfactory coordination agreement between the WCS licensee(s) and AMT entity(ies) for existing AMT receiver sites. The locations of current Federal and non-Federal AMT receiver sites may be obtained from AFTRCC at Post Office Box 12822 Wichita, KS 67277-2822, (316) 946-8826, or successor frequency coordinators of AFTRCC. Such coordination agreement shall provide protection to existing AMT receiver stations consistent with International Telecommunication Union (ITU) Recommendation ITU-R M.1459, “Protection criteria for telemetry systems in the aeronautical mobile service and mitigation techniques to facilitate sharing with geostationary broadcasting-satellite and mobile-satellite services in the frequency bands 1 452-1 525 MHz and 2 310-2 360 MHz May 2000 edition,” adopted May 2000, as adjusted using generally accepted engineering practices and standards to take into account the local conditions and operating characteristics of the applicable AMT and WCS facilities. ITU-R M.1459 is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . This incorporation by reference (IBR) material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from ITU, Place des Nations, 1211 Geneva 20, Switzerland; website: www.itu.int/en/publications/Pages/default.aspx . ( b ) WCS licensees operating base and fixed stations in the 2305-2320 MHz band must, prior to operation of such stations, achieve a mutually satisfactory coordination agreement with the National Aeronautics and Space Administration (NASA) within 145 kilometers of the Goldstone, CA earth station site (35°25′33″ N, 116°53′23″ W). ( c ) After base or fixed station operations commence, upon receipt of a complaint of harmful interference, the WCS licensee(s) receiving the complaint, no matter the distance from the NASA Goldstone, CA earth station or from an AMT site, operating in the 2305-2320 or 2345-2360 MHz bands, respectively, shall take all practicable steps to immediately eliminate the interference. ( d ) Duty to cooperate. WCS licensees, AFTRCC, and NASA must cooperate in good faith in the coordination and deployment of new facilities. WCS licensees must also cooperate in good faith in the selection and use of new station sites and new frequencies when within radio line of site of AMT receiver facilities to reduce the risk of harmful interference and make the most effective use of the authorized facilities. Licensees of stations suffering or causing harmful interference must cooperate in good faith and resolve such problems by mutually satisfactory arrangements. If the licensees are unable to do so, the Wireless Telecommunications Bureau, in consultation with the Office of Engineering and Technology and the National Telecommunications and Information Administration may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations. [ 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] § 27.75 Basic interoperability requirement. ( a ) ( 1 ) Mobile and portable stations that operate on any portion of frequencies in the paired 1755-1780 MHz and 2155-2180 MHz band must be capable of operating on all frequencies in the paired 1710-1780 MHz and 2110-2180 MHz band, using the same air interfaces that the equipment utilizes on any frequencies in the paired 1710-1780 MHz and 2110-2180 MHz band. ( 2 ) Mobile and portable stations that operate on any portion of frequencies in the 600 MHz band must be capable of operating on all frequencies in the 600 MHz band using the same air interfaces that the equipment utilizes on any frequencies in the 600 MHz band. ( 3 ) Mobile and portable stations that operate on any portion of frequencies in the 3700-3980 MHz band must be capable of operating on all frequencies in the 3700-3980 MHz band using the same air interfaces that the equipment utilizes on any frequencies in the 3700-3980 MHz band. ( 4 ) Mobile and portable stations that operate on any portion of frequencies in the 3450-3550 MHz band must be capable of operating on all frequencies in the 3450-3550 MHz band using the same air interfaces that the equipment utilizes on any frequencies in the 3450-3550 MHz band. ( b ) The basic interoperability requirement in paragraph (a) of this section does not require a licensee to use any particular industry standard. Devices may also contain functions that are not operational in U.S. Territories. [ 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] § 27.77 Restriction on mobile and portable equipment in the 1695-1710 MHz and 1755-1780 MHz bands. Mobile and portable stations in the 1695-1710 MHz and 1755-1780 MHz bands may operate only when under the control of a base station. Base stations that enable mobile or portable equipment to operate in the 1695-1710 MHz and 1755-1780 MHz band are subject to prior coordination requirements. See § 27.1134 (Protection of Federal Government operations). [ 79 FR 32413 , June 4, 2014] Subpart D—Competitive Bidding Procedures for the 2305-2320 MHz and 2345-2360 MHz Bands § 27.201 WCS in the 2305-2320 MHz and 2345-2360 MHz bands subject to competitive bidding. Mutually exclusive initial applications for WCS licenses in the 2305-2320 MHz and 2345-2360 MHz bands are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 45373 , July 9, 2002] §§ 27.202-27.208 [Reserved] § 27.209 Designated entities; bidding credits; unjust enrichment. ( a ) Designated entities entitled to preferences in the WCS in the 2305-2320 and 2345-2360 bands auction are small businesses and very small businesses as defined in § 27.110(b) . Designated entities will be eligible for bidding credits, as defined in paragraphs (b) and (c) of this section. ( b ) A winning bidder that qualifies as a small business may use a bidding credit of 25 percent to lower the cost of its winning bid. ( c ) A winning bidder that qualifies as a very small business may use a bidding credit of 35 percent to lower the cost of its winning bid. [ 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] § 27.210 Definitions. ( a ) Scope. The definitions in this section apply to § 27.209 , unless otherwise specified in those sections. ( b ) Small and very small business. ( 1 ) A small business is an entity that, together with its affiliates and controlling interests, has average annual gross revenues that are not more than $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates and controlling interests, has average annual gross revenues that are not more than $15 million for the preceding three years. [ 67 FR 45373 , July 9, 2002, as amended at 68 FR 43000 , July 21, 2003] Subpart E—Application, Licensing, and Processing Rules for WCS § 27.301 [Reserved] § 27.302 Eligibility. ( a ) General. Authorizations will be granted upon proper application if: ( 1 ) The applicant is qualified under the applicable laws and the regulations, policies and decisions issued under those laws, including § 27.12 ; ( 2 ) There are frequencies available to provide satisfactory service; and ( 3 ) The public interest, convenience or necessity would be served by a grant. ( b ) Alien Ownership. A WCS authorization may not be granted to or held by an entity not meeting the requirements of section 310 of the Communications Act of 1934, as amended, 47 U.S.C. section 310 insofar as applicable to the particular service in question. § 27.303 Upper 700 MHz commercial and public safety coordination zone. ( a ) General. CMRS operators are required, prior to commencing operations on fixed or base station transmitters on the 776-787 MHz band that are located within 500 meters of existing or planned public safety base station receivers, to submit a description of their proposed facility to a Commission-approved public safety coordinator. ( i ) The frequency or frequencies on which the facility will operate; ( ii ) Antenna location and height; ( iii ) Type of emission; ( iv ) Effective radiated power; ( v ) A description of the area served and the operator's name. (2) It is the CMRS operator's responsibility to determine whether referral is required for stations constructed in its area of license. Public safety base stations are considered “planned” when public safety operators have notified, or initiated coordination with, a Commission-approved public safety coordinator. ( b ) CMRS operators must wait at least 10 business days after submission of the required description before commencing operations on the referenced facility, or implementing modifications to an existing facility. ( c ) The potential for harmful interference between the CMRS and public safety facilities will be evaluated by the public safety coordinator. (1) With regard to existing public safety facilities, the coordinator's determination to disapprove a proposed CMRS facility (or modification) to be located within 500 meters of the public safety facilities will be presumed correct, but the CMRS operator may seek Commission review of such determinations. Pending Commission review, the CMRS operator will not activate the facility or implement proposed modifications. (2) With regard to proposed public safety facilities, the coordinator's determination to disapprove a proposed CMRS facility (or modification) to be located within 500 meters of the public safety facilities will be presumed correct, but the CMRS operator may seek Commission review and, pending completion of review, operate the facility during construction of the public safety facilities. If coordination or Commission review has not been completed when the public safety facilities are ready to operate, the CMRS operator must cease operations pending completion of coordination or Commission review. Such interim operation of the CMRS facility within the coordination zone (or implementation of modifications) will not be relied on by the Commission in its subsequent review and determination of measures necessary to control interference, including relocation or modification of the CMRS facility. ( d ) If, in the event of harmful interference between facilities located within 500 meters proximity, the parties are unable, with the involvement of the coordinator, to resolve the problem by mutually satisfactory arrangements, the Commission may impose restrictions on the operations of any of the parties involved. [ 67 FR 49245 , July 30, 2002, as amended at 72 FR 48853 , Aug. 24, 2007; 79 FR 599 , Jan. 6, 2014] §§ 27.304-27.307 [Reserved] § 27.308 Technical content of applications. All applications required by this part shall contain all technical information required by the application forms or associated public notice(s). Applications other than initial applications for a WCS license must also comply with all technical requirements of the rules governing the applicable frequency band (see subparts C , D , F , and G of this part , as appropriate). [ 65 FR 57268 , Sept. 21, 2000] §§ 27.310-27.320 [Reserved] § 27.321 Mutually exclusive applications. ( a ) Two or more pending applications are mutually exclusive if the grant of one application would effectively preclude the grant of one or more of the others under the Commission's rules governing the Wireless Communications Services involved. The Commission uses the general procedures in this section for processing mutually exclusive applications in the Wireless Communications Services. ( b ) An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest. §§ 27.322-27.325 [Reserved] Subpart F—Competitive Bidding Procedures for the 698-806 MHz Band Source: 65 FR 3149 , Jan. 20, 2000, unless otherwise noted. § 27.501 746-758 MHz, 775-788 MHz, and 805-806 MHz bands subject to competitive bidding. Mutually exclusive initial applications for licenses in the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 79 FR 600 , Jan. 6, 2014] § 27.502 Designated entities. Eligibility for small business provisions: ( a ) ( 1 ) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $15 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a small business or a consortium of small businesses as defined in this section may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . A winning bidder that qualifies as a very small business or a consortium of very small businesses as defined in this section may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . [ 72 FR 63499 , Nov. 9, 2007] Subpart G— Guard Band A and B Blocks (757-758/787-788 MHz and 775-776/805-806 MHz Bands) Source: 65 FR 17605 , Apr. 4, 2000, unless otherwise noted. § 27.601 Authority and coordination requirements. ( a ) Subject to the provisions of § 27.2(b) , a Guard Band licensee may allow a spectrum lessee, pursuant to a spectrum lease arrangement under part 1, subpart X of this chapter , to construct and operate stations at any available site within the licensed area and on any channel for which the Guard Band licensee is licensed, provided such stations comply with Commission Rules and coordination requirements. ( b ) Subject to the provisions of § 27.2(b) , a Guard Band licensee may allow a spectrum lessee, pursuant to a spectrum lease arrangement under part 1, subpart X of this chapter , to delete, move or change the operating parameters of any of the user's stations that are covered under the Guard Band licensee's authorization without prior Commission approval, provided such stations comply with Commission Rules and coordination requirements. ( c ) Frequency coordination. ( 1 ) A Guard Band licensee, or a spectrum lessee operating at 775-776 MHz and 805-806 MHz pursuant to a spectrum lease arrangement under §§ 1.9030 and 1.9035 of this chapter , must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: ( i ) Coordinated a new station or modification of an existing station; or ( ii ) Filed an application for an individual station license with the Commission. ( 2 ) The notification required in paragraph (c)(1) of this section must include, at a minimum— ( i ) The frequency or frequencies coordinated; ( ii ) Antenna location and height; ( iii ) Type of emission; ( iv ) Effective radiated power; ( v ) A description of the service area, date of coordination, and user name or, in the alternative, a description of the type of operation. ( 3 ) In the event a licensee partitions its service area or disaggregates its spectrum, it is required to submit the notification required in paragraph (c)(1) of this section to other Guard Band licensees in the same geographic area. ( 4 ) Entities coordinated by a Guard Band licensee, or a spectrum lessee operating pursuant to a spectrum lease arrangement under §§ 1.9030 and 1.9035 of this chapter , must wait at least 10 business days after the notification required in paragraph (c)(1) of this section before operating under the license. ( d ) Where a deletion, move or change authorized under paragraph (b) of this section constitutes a discontinuance, reduction, or impairment of service under § 27.66 or where discontinuance, reduction or impairment of service results from an involuntary act subject to § 27.66(a) , the licensee must comply with the notification and authorization requirements set forth in that section. [ 72 FR 27712 , May 16, 2007, as amended at 72 FR 48853 , Aug. 24, 2007] § 27.602 Lease agreements. Guard Band licensees may enter into spectrum leasing arrangements under part 1, subpart X of this chapter regarding the use of their licensed spectrum by spectrum lessees, subject to the following conditions: ( a ) The spectrum lease agreement between the licensee and the spectrum lessee must specify in detail the operating parameters of the spectrum lessee's system, including power, maximum antenna heights, frequencies of operation, base station location(s), area(s) of operation, and other parameters specified in Commission rules for the use of spectrum identified in § 27.5(b)(1) and (b)(2) . ( b ) The spectrum lease agreement must require the spectrum lessee to use Commission-approved equipment where appropriate and to complete post-construction proofs of system performance prior to system activation. [ 72 FR 27713 , May 16, 2007] § 27.604 Limitation on licenses won at auction. ( a ) For the first auction of licenses in Blocks A and B, as defined in § 27.5 , no applicant may be deemed the winning bidder of both a Block A and a Block B license in a single geographic service area. ( b ) For purposes of paragraph (a) of this section, licenses will be deemed to be won by the same bidder if an entity that wins one license at the auction is an affiliate of any other entity that wins a license at the auction. § 27.607 Performance requirements and annual reporting requirement. ( a ) Guard Band licensees are subject to the performance requirements specified in § 27.14(a) . ( b ) Guard Band licensees are required to file an annual report providing the Commission with information about the manner in which their spectrum is being utilized. Such reports shall be filed with the Commission on a calendar year basis, no later than the March 1 following the close of each calendar year, unless another filing date is specified by Public Notice. ( c ) Guard Band licensees must, at a minimum, include the following information in their annual reports: ( 1 ) The total number of spectrum lessees; ( 2 ) The amount of the licensee's spectrum being used pursuant to spectrum lease agreements; ( 3 ) The nature of the spectrum use of the licensee's customers; and, ( 4 ) The length of term of each spectrum lease agreement, and whether the agreement is a spectrum manager lease agreement, or a de facto transfer lease agreement. ( d ) The specific information that licensees will provide and the procedures that they will follow in submitting their annual reports will be announced in a Public Notice issued by the Wireless Telecommunications Bureau. [ 72 FR 27713 , May 16, 2007] Subpart H—Competitive Bidding Procedures for the 698-746 MHz Band Source: 67 FR 5512 , Feb. 6, 2002, unless otherwise noted. § 27.701 698-746 MHz bands subject to competitive bidding. Mutually exclusive initial applications for licenses in the 698-746 MHz band are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 45374 , July 9, 2002] § 27.702 Designated entities. ( a ) Eligibility for small business provisions. ( 1 ) An entrepreneur is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $3 million for the preceding three years. This definition applies only with respect to licenses in Block C (710-716 MHz and 740-746 MHz) as specified in § 27.5(c)(1) . ( 2 ) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $15 million for the preceding three years. ( 3 ) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $40 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . [ 67 FR 5512 , Feb. 6, 2002, as amended at 68 FR 43000 , July 21, 2003] Subpart I—1.4 GHz Band Source: 67 FR 41855 , June 20, 2002, unless otherwise noted. § 27.801 Scope. This subpart sets out the regulations governing service in the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band (1.4 GHz band). § 27.802 Permissible communications. Licensees in the paired 1392-1395 MHz and 1432-1435 MHz bands and unpaired 1390-1392 MHz band are authorized to provide fixed or mobile service, except aeronautical mobile service, subject to the technical requirements of this subpart. § 27.803 Coordination requirements. ( a ) Licensees in the 1.4 GHz band will be issued geographic area licenses in accordance with the service areas listed in § 27.6(d) and (e) . ( b ) Licensees in the 1.4 GHz Service must file a separate station application with the Commission and obtain an individual station license, prior to construction or operation, of any station: ( 1 ) That requires submission of an Environmental Assessment under part 1, § 1.1307 of this chapter ; ( 2 ) That requires international coordination; ( 3 ) That operates in areas listed in part 1, § 1.924 of this chapter ; or ( 4 ) That requires approval of the Frequency Advisory Subcommittee (FAS) of the Interdepartment Radio Advisory Committee (IRAC). Licensees in the 1432-1435 MHz band must receive FAS approval, prior to operation of fixed sites or mobile units within the NTIA recommended protection radii of the Government sites listed in footnote US83 of § 2.106 of this chapter . ( c ) Prior to construction of a station, a licensee in the 1.4 GHz Band must register with the Commission any station antenna structure for which notification to the Federal Aviation Administration is required by part 17 of this chapter . ( d ) It is the licensee's responsibility to determine whether an individual station needs referral to the Commission. ( e ) The application required in paragraph (b) of this chapter must be filed on the Universal Licensing System. [ 67 FR 41855 , June 20, 2002, as amended at 69 FR 17958 , Apr. 6, 2004; 80 FR 38908 , July 7, 2015] § 27.804 Field strength limits at WMTS facility. For any operation in the 1392-1395 MHz band, the predicted or measured field strength—into the WMTS band at 1395-1400 MHz—shall not exceed 150 uV/m at the location of any registered WMTS healthcare facility. When performing measurements to determine compliance with this provision, measurement instrumentation employing an average detector and a resolution bandwidth of 1 MHz may be used, provided it accurately represents the true interference potential of the equipment. § 27.805 Geographic partitioning and spectrum disaggregation. An entity that acquires a portion of a 1.4 GHz band licensee's geographic area or spectrum subject to a geographic partitioning or spectrum disaggregation agreement under § 27.15 must function as a 1.4 GHz band licensee and is subject to the obligations and restrictions on the 1.4 GHz band license as set forth in this subpart. § 27.806 1.4 GHz service licenses subject to competitive bidding. Mutually exclusive initial applications for 1.4 GHz Band licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. § 27.807 Designated entities. ( a ) Eligibility for small business provisions for 1.4 GHz band licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands and the unpaired 1390-1392 MHz band. ( 1 ) A very small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $15 million for the preceding three years. ( 2 ) A small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $40 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . [ 67 FR 41855 , June 20, 2002, as amended at 68 FR 43000 , July 21, 2003] Subpart J—1670-1675 MHz Band Source: 67 FR 41856 , June 20, 2002, unless otherwise noted. § 27.901 Scope. This subpart sets out the regulations governing service in the 1670-1675 MHz band (1670-1675 MHz band). § 27.902 Permissible communications. Licensees in the 1670-1675 MHz band are authorized to provide fixed or mobile service, except aeronautical mobile service, subject to the technical requirements of this subpart. § 27.903 Coordination requirements. ( a ) The licensee in the 1670-1675 MHz band will be issued a geographic area license on a nationwide basis in accordance with § 27.6(f) . ( b ) Licensees in the 1670-1675 MHz band must file a separate station application with the Commission and obtain an individual station license, prior to construction or operation, of any station: ( 1 ) That requires submission of an Environmental Assessment under part 1, § 1.1307 of this chapter ; ( 2 ) That requires international coordination; ( 3 ) That operates in areas listed under part 1, § 1.924 of this chapter . ( c ) The application required in paragraph (b) of this section must be filed on the Universal Licensing System. ( d ) Prior to construction of a station, a licensee must register with the Commission any station antenna structure for which notification to the Federal Aviation Administration is required by part 17 of this chapter . ( e ) It is the licensee's responsibility to determine whether an individual station requires referral to the Commission. [ 67 FR 41856 , June 20, 2002, as amended at 69 FR 17958 , Apr. 6, 2004] § 27.904 Geographic partitioning and spectrum disaggregation. An entity that acquires a portion of a 1670-1675 MHz band licensee's geographic area or spectrum subject to a geographic partitioning or spectrum disaggregation agreement under § 27.15 must function as a 1670-1675 MHz licensee and is subject to the obligations and restrictions on the 1670-1675 MHz license as set forth in this subpart. § 27.905 1670-1675 MHz service licenses subject to competitive bidding. Mutually exclusive initial applications for the 1670-1675 MHz Band license are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. § 27.906 Designated entities. ( a ) Eligibility for small business provisions. ( 1 ) A very small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $15 million for the preceding three years. ( 2 ) A small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $40 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . [ 67 FR 41856 , June 20, 2002, as amended at 68 FR 43000 , July 21, 2003] Subpart K—1915-1920 MHz and 1995-2000 MHz Source: 78 FR 50257 , Aug. 16, 2013, unless otherwise noted. Licensing and Competitive Bidding Provisions § 27.1001 1915-1920 MHz and 1995-2000 MHz bands subject to competitive bidding. Mutually exclusive initial applications for 1915-1920 MHz and 1995-2000 MHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless otherwise provided in this subpart. § 27.1002 Designated entities in the 1915-1920 MHz and 1995-2000 MHz bands. Eligibility for small business provisions: ( a ) ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $15 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a small business as defined in this section or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . A winning bidder that qualifies as a very small business as defined in this section or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . [ 78 FR 50257 , Aug. 16, 2013, as amended at 80 FR 56816 , Sept. 18, 2015] Reimbursement Obligation of Licensees at 1915-1920 MHz and 1995-2000 MHz § 27.1021 Reimbursement obligation of licensees at 1915-1920 MHz. A licensee in the 1915-1920 MHz band (Lower H Block) shall, within 30 days of grant of its long-form application, reimburse 25 percent of the total relocation costs incurred by UTAM, Inc. for relocating and clearing incumbent Fixed Microwave Service (FS) licensees from the 1910-1930 MHz band on a pro rata shared basis with other Lower H Block licensees as set forth in paragraphs (a) through (e) of this section. ( a ) ( 1 ) If Lower H Block licenses granted as a result of the first auction for this spectrum cover, collectively, at least forty (40) percent of the nation's population, the amount owed to UTAM, Inc. by each individual Lower H Block licensee (reimbursement amount owed or RN) will be determined by dividing the gross winning bid (GWB) for each individual Lower H Block license ( i.e., an Economic Area (EA)) by the sum of the gross winning bids for all Lower H Block licenses for which there is a winning bid in the first auction, and then multiplying by $12,629,857. RN = (EA GWB ÷ Sum of GWBs) × $12,629,857.00 ( 2 ) Except as provided in paragraphs (b) and (c) of this section, a licensee that obtains a license for a market in which no license is granted as a result of the first Lower H Block auction will not have a reimbursement obligation to UTAM, Inc. ( b ) If Lower H Block licenses granted as a result of the first auction for this spectrum cover, collectively, less than forty (40) percent of the nation's population, then the pro rata amount that the licensee of an individual Lower H Block license must reimburse UTAM, Inc. shall be calculated by dividing the population of the individual EA by the total U.S. population, and then multiplying by $12,629,857. In this event, the same population data, e.g., 2010, used to calculate the RNs for Lower H Block licenses granted as a result of the first auction will apply to subsequent auctions of Lower H Block licenses that were not granted as a result of an earlier auction of Lower H Block licenses. RN = (EA POP ÷ U.S. POP) × $12,629,857.00 ( c ) A winning bidder of a Lower H Block license that is not granted a license for any reason will be deemed to have triggered a reimbursement obligation to UTAM, Inc. This obligation will be owed to UTAM, Inc. by the licensee acquiring the Lower H Block license through a subsequent auction. The amount owed by the licensee acquiring the Lower H Block license at such auction will be the RN calculated for the EA license based on the first auction (calculated under paragraphs (a) or (b), as applicable, of this section). ( d ) For purposes of compliance with this section, licensees should determine population based on 2010 U.S. Census Data or such other data or measurements that the Wireless Telecommunications Bureau proposes and adopts under the notice and comment process for the auction procedures. ( e ) A payment obligation owed by a Lower H Block licensees under this section shall be made within thirty (30) days of the grant of the license ( i.e., grant of the long form application). § 27.1031 Reimbursement obligation of licensees at 1995-2000 MHz. A licensee in the 1995-2000 MHz band (Upper H Block) shall, within 30 days of grant of its long-form application, reimburse one-seventh of the eligible expenses incurred by Sprint Nextel, Inc. (Sprint) for relocating and clearing Broadcast Auxiliary Service (BAS), Cable Television Relay Service (CARS), and Local Television Transmission Service (LTTS) incumbents from the 1990-2025 MHz band, on a pro rata shared basis with other Upper H Block licensees as set forth in paragraphs (a) through (e) of this section. ( a ) ( 1 ) If Upper H Block licenses granted as a result of the first auction for this spectrum cover, collectively, at least forty (40) percent of the nation's population, the amount owed to Sprint by the winning bidder of each individual Upper H Block license granted as a result of the first auction will be determined by dividing the gross winning bid (GWB) for each individual Upper H Block license ( i.e., an Economic Area (EA)) by the sum of the gross winning bids for all Upper H Block licenses for which there is a winning bid in the first auction, and then multiplying by $94,875,516. RN = (EA GWB ÷ Sum of GWBs) × $94,875,516 ( 2 ) Except as provided in paragraphs (b) and (c) of this section, a licensee that obtains a license for a market in which no license was granted as a result of the first Upper H Block auction will not have a reimbursement obligation to Sprint. ( b ) If Upper H Block licenses granted as a result of the first auction for this spectrum cover, collectively, less than forty (40) percent of the nation's population, then the amount that the licensee of an individual Upper H Block license must reimburse Sprint shall be calculated by dividing the population of the individual EA by the total U.S. population, and then multiplying by $94,875,516. In this event, the same population data, e.g., 2010, used to calculate the RNs for Upper H Block licenses granted as a result of the first auction will apply to subsequent auctions of Upper H Block licenses that were not granted as a result of an earlier auction of Upper H Block licenses. RN = (EA POP ÷ U.S. POP) × $94,875,516 ( c ) A winning bidder of an Upper H Block license that is not granted a license for any reason will be deemed to have triggered a reimbursement obligation to Sprint. This obligation will be owed to Sprint by the licensee acquiring the Upper H Block license through a subsequent auction. The amount owed by the licensee acquiring the EA license at such auction will be based on the RN calculated for the EA license based on the first auction (calculated under paragraphs (a) or (b), as applicable, of this section). ( d ) For purposes of compliance with this section, licensees should determine population based on 2010 U.S. Census Data or such other data or measurements that the Wireless Telecommunications Bureau proposes and adopts under the notice and comment process for the auction procedures. ( e ) A payment obligation owed by a Upper H Block licensees under this section shall be made within thirty (30) days of the grant of the license (i.e., grant of the long form application). § 27.1041 Termination of cost-sharing obligations. ( a ) The cost-sharing obligation adopted in this subpart for the Lower H Block and for the Upper H Block will sunset ten years after the first license is issued in the respective band. ( b ) A Lower H Block licensee and an Upper H Block licensee must satisfy in full its payment obligations under this subpart K within thirty days of the grant of its long-form application. The failure to timely satisfy a payment obligation in full prior to the applicable sunset date will not terminate the debt owed or a party's right to collect the debt. Subpart L—1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz, 2110-2155 MHz, 2155-2180 MHz, 2180-2200 MHz Bands Source: 69 FR 5716 , Feb. 6, 2004, unless otherwise noted. Licensing and Competitive Bidding Provisions § 27.1101 1710-1755 MHz and 2110-2155 MHz bands subject to competitive bidding. Mutually exclusive initial applications for 1710-1755 MHz and 2110-2155 MHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless otherwise provided in this subpart. § 27.1102 Designated Entities in the 1710-1755 MHz and 2110-2155 MHz bands. ( a ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $15 million for the preceding three years. ( b ) Bidding credits. ( 1 ) A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(iii) of this chapter , to lower the cost of its winning bid on any of the licenses in this part. ( 2 ) A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(ii) of this chapter , to lower the cost of its winning bid on any of the licenses in this part. § 27.1103 2000-2020 MHz and 2180-2200 MHz bands subject to competitive bidding. Mutually exclusive initial applications for 2000-2020 MHz and 2180-2200 MHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless otherwise provided in this subpart. [ 78 FR 8270 , Feb. 5, 2013] § 27.1104 Designated Entities in the 2000-2020 MHz and 2180-2200 MHz bands. Eligibility for small business provisions: ( a ) Small business. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $15 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a small business as defined in this section or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . A winning bidder that qualifies as a very small business as defined in this section or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . [ 78 FR 8270 , Feb. 5, 2013, as amended at 80 FR 56816 , Sept. 18, 2015] § 27.1105 1695-1710 MHz, 1755-1780 MHz and 2155-2180 MHz bands subject to competitive bidding. Mutually exclusive initial applications for 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless otherwise provided in this subpart. [ 79 FR 32413 , June 4, 2014] § 27.1106 Designated Entities in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands. Eligibility for small business provisions: ( a ) Small business. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $40 million for the preceding three (3) years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $15 million for the preceding three ( 3 ) years. ( b ) Bidding credits. A winning bidder that qualifies as a small business as defined in this section or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . A winning bidder that qualifies as a very small business as defined in this section or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . [ 79 FR 32413 , June 4, 2014, as amended at 80 FR 56816 , Sept. 18, 2015] Relocation of Incumbents § 27.1111 Relocation of fixed microwave service licensees in the 2110-2150 and 2160-2200 MHz bands. Part 22, subpart E and part 101, subpart B of this chapter contain provisions governing the relocation of incumbent fixed microwave service licensees in the 2110-2150 MHz and 2160-2200 MHz bands. [ 79 FR 32414 , June 4, 2014] Protection of Incumbent Operations § 27.1131 Protection of part 101 operations. All AWS licensees, prior to initiating operations from any base or fixed station, must coordinate their frequency usage with co-channel and adjacent-channel incumbent, 47 CFR part 101 fixed-point-to-point microwave licensees operating in the 2110-2150 MHz and 2160-2200 MHz bands. Coordination shall be conducted in accordance with the provisions of § 24.237 of this chapter . [ 79 FR 32414 , June 4, 2014] § 27.1132 Protection of incumbent operations in the 2150-2160/62 MHz band. All AWS licensees, prior to initiating operations from any base or fixed station in the 2110-2180 MHz band, shall follow the provisions of § 27.1255 . [ 79 FR 32414 , June 4, 2014] § 27.1133 Protection of part 74 and part 78 operations. AWS operators must protect previously licensed Broadcast Auxiliary Service (BAS) or Cable Television Radio Service (CARS) operations in the adjacent 2025-2110 MHz band. In satisfying this requirement AWS licensees must, before constructing and operating any base or fixed station, determine the location and licensee of all BAS or CARS stations authorized in their area of operation, and coordinate their planned stations with those licensees. In the event that mutually satisfactory coordination agreements cannot be reached, licensees may seek the assistance of the Commission, and the Commission may, at its discretion, impose requirements on one or both parties. § 27.1134 Protection of Federal Government operations. ( a ) Protection of Department of Defense operations in the 1710-1755 MHz band. The Department of Defense (DoD) operates communications systems in the 1710-1755 MHz band at 16 protected facilities, nationwide. AWS licensees must accept any interference received from these facilities and must protect the facilities from interference. AWS licensees shall protect the facilities from interference by restricting the operation of their base and fixed stations from any locations that could potentially permit AWS mobile, fixed, and portable stations transmitting in the 1710-1755 MHz band to cause interference to government operations within the radii of operation of the 16 facilities (the radii of operation of each facility is indicated in the third column of Table 1 immediately following paragraph (a)(3) of this section). In addition, AWS licensees shall be required to coordinate any operations that could permit mobile, fixed, and portable stations to operate in the specified areas of the 16 facilities, as defined in paragraph (a)(3) of this section. Protection of these facilities in this manner shall take place under the following conditions: ( 1 ) At the Yuma, Arizona and Cherry Point, North Carolina facilities, all operations shall be protected indefinitely. ( 2 ) At the remaining 14 facilities, airborne and military test range operations shall be protected until such time as these systems are relocated to other spectrum, and precision guided munitions (PGM) operations shall be protected until such time as these systems are relocated to other spectrum or until PGM inventory at each facility is exhausted, whichever occurs first. ( 3 ) AWS licensees whose transmit operations in the 1710-1755 MHz band consist of fixed or mobile operations with nominal transmit EIRP values of 100 mW or less and antenna heights of 1.6 meters above ground or less shall coordinate their services around the 16 sites at the distance specified in row a. of Table 2. AWS licensees whose transmit operations in the 1710-1755 MHz band consist of fixed or mobile operations with nominal transmit EIRP values of 1 W or less and antenna heights of 10 meters above ground or less shall coordinate their services around the 16 sites at the distance specified in row b. of Table 2. These coordination distances shall be measured from the edge of the operational distances indicated in the third column of Table 1, and coordination with each affected DoD facility shall be accomplished through the Commander of the facility. Table 1—Protected Department of Defense Facilities Location Coordinates Radius of operation (km) Cherry Point, NC 34°58′ N, 076°56′ W 100 Yuma, AZ 32°32′ N, 113°58′ W 120 China Lake, CA 35°41′ N, 117°41′ W 120 Eglin AFB, FL 30°29′ N, 086°31′ W 120 Pacific Missile Test Range/Point Mugu, CA 34°07′ N, 119°30′ W 80 Nellis AFB, NV 36°14′ N, 115°02′ W 160 Hill AFB, UT 41°07′ N, 111°58′ W 160 Patuxent River, MD 38°17′ N, 076°25′ W 80 White Sands Missile Range, NM 33°00′ N, 106°30′ W 80 Fort Irwin, CA 35°16′ N, 116°41′ W 50 Fort Rucker, AL 31°13′ N, 085°49′ W 50 Fort Bragg, NC 35°09′ N, 079°01′ W 50 Fort Campbell, KY 36°41′ N, 087°28′ W 50 Fort Lewis, WA 47°05′ N, 122°36′ W 50 Fort Benning, GA 32°22′ N, 084°56′ W 50 Fort Stewart, GA 31°52′ N, 081°37′ W 50 Table 2—Coordination Distances for the Protected Department Of Defense Facilities 1710-1755 MHz transmit operations Coordination distance (km) a. EIRP ≤100 mW, antenna height ≤1.6 m AG 35 b. EIRP ≤1 W, antenna height ≤10 m AG 55 ( b ) Protection of non-DoD operations in the 1710-1755 MHz and 1755-1761 MHz bands. Until such time as non-DoD systems operating in the 1710-1755 MHz and 1755-1761 MHz bands are relocated to other spectrum, AWS licensees shall protect such systems by satisfying the appropriate provisions of TIA Telecommunications Systems Bulletin 10-F, “Interference Criteria for Microwave Systems,” May, 1994 (TSB 10-F). ( c ) Protection of Federal operations in the 1675-1710 MHz band — ( 1 ) 27 Protection Zones. Within 27 Protection Zones, prior to operating a base station that enables mobile or portable stations to transmit in the 1695-1710 MHz band, licensees must successfully coordinate such base station operations with Federal Government entities operating meteorological satellite Earth-station receivers in the 1675-1710 MHz band. See 47 CFR 2.106 , footnote US 88, for the 27 Protection Zones and other details. ( 2 ) Operation outside of 27 Protection Zones. Non-Federal operations, for mobile and portable stations operating at a maximum EIRP of 20 dBm, are permitted outside of the protection zones without coordination. All non-Federal operations for mobile and portables operating at a maximum EIRP of greater than 20 dBm and up to 30 dBm must be coordinated nationwide. All such operations may not cause harmful interference to the Federal operations protected in 47 CFR 2.106 , footnote US 88. ( 3 ) Interference. If protected Federal operations receive harmful interference from AWS operations in the 1695-1710 MHz band, an AWS licensee must, upon notification, modify its operations and/or technical parameters as necessary to eliminate the interference. ( 4 ) Point of contact. AWS licensees in the 1695-1710 MHz band must provide and maintain a point of contact at all times so that immediate contact can be made should interference against protected Federal sites occur. ( 5 ) Coordination procedures. Federal use of the radio spectrum is generally governed by the National Telecommunications and Information Administration (NTIA) while non-Federal use is governed by the Commission. As such, any guidance or details concerning Federal/non-Federal coordination must be issued jointly by NTIA and the Commission. The Commission may jointly issue with NTIA one or more public notices with guidance or details concerning the coordination procedures for the 1695-1710 MHz band. ( 6 ) Requirements for licensees operating in the 1710-1755 MHz band. AWS licensees operating fixed stations in the 1710-1755 MHz band, if notified that such stations are causing interference to radiosonde receivers operating in the Meteorological Aids Service in the 1675-1700 MHz band or a meteorological-satellite earth receiver operating in the Meteorological-Satellite Service in the 1675-1710 MHz band, shall be required to modify the stations' location and/or technical parameters as necessary to eliminate the interference. ( d ) Recognition of NASA Goldstone facility operations in the 2110-2120 MHz band. The National Aeronautics and Space Administration (NASA) operates the Deep Space Network (DSN) in the 2110-2120 MHz band at Goldstone, California ( see Table 3). NASA will continue its operations of high power transmitters (nominal EIRP of 105.5 dBW with EIRP up to 119.5 dBW used under emergency conditions) in this band at this location. AWS licensees must accept any interference received from the Goldstone DSN facility in this band. Table 3—Location of the NASA Goldstone Deep Space Facility Location Coordinates Maximum transmitter output power Goldstone, California 35°18′ N 116°54′ W 500 kW ( e ) Protection of Federal operations in the 2200-2290 MHz band — ( 1 ) Default emission limits. Except as provided in paragraph (e)(2) of this section, the following default out-of-band emissions limits shall apply for AWS-4 operations in the 2180-2200 MHz band. ( i ) For these AWS-4 operations, the power of any emissions on all frequencies between 2200 and 2290 MHz shall not exceed an EIRP of −100.6 dBW/4 kHz. ( ii ) No AWS-4 base station operating in the 2180-2200 MHz band shall be located less than 820 meters from a U.S. Earth Station facility operating in the 2200-2290 MHz band. ( 2 ) Agreements between AWS-4 operators and Federal government entities. The out-of-band emissions limits in paragraph (e)(1) of this section may be modified by the private contractual agreement of licensees of AWS-4 operating authority and Federal government entities operating in the 2200-2290 MHz band. Such agreement shall be transmitted to the Commission by the National Telecommunications and Information Administration (NTIA) of the U.S. Department of Commerce. A licensee of AWS-4 operating authority who is a party to such an agreement must maintain a copy of the agreement in its station files and disclose it, upon request, to prospective AWS-4 assignees, transferees, or spectrum lessees, to Federal operators, and to the Commission. ( f ) Protection of Federal operations in the 1755-1780 MHz band. The Federal Government operates communications systems in the 1755-1780 MHz band. Certain systems are expected to continue to operate in the band indefinitely. All other operations will be relocating to other frequencies or otherwise cease operations in the 1755-1780 MHz band in accordance with 47 CFR part 301 . Until such a time as Federal operations in the 1755-1780 MHz bands vacate this spectrum, AWS licensees shall protect such systems and must accept any interference received from these Federal operations. See 47 CFR 2.106 , footnote US 91, for details. AWS licensees must successfully coordinate proposed operations with all Federal incumbents prior to operation as follows: ( 1 ) Protection Zone(s). A protection zone is established for each Federal operation pursuant to 47 CFR 2.106 , footnote US 91. Unless otherwise specified in later Commission actions, the default protection zone is nationwide. A base station which enables mobile or portable stations to transmit in the 1755-1780 MHz band may not operate within the Protection Zone(s) of a Federal operation until the licensee successfully coordinates such base station operations with Federal Government entities as follows depending on the type of Federal incumbent authorization: ( i ) Federal US&P Assignments. Each AWS licensee must coordinate with each Federal agency that has U.S. and Possessions (US&P) authority prior to its first operations in its licensed area to reach a coordination arrangement with each US&P agency on an operator-to-operator basis. (Agencies with U.S. and Possessions (US&P) authority do not operate nationwide and may be able to share, prior to relocation, in some areas.) ( ii ) Other Federal Assignments. Each AWS licensee must successfully coordinate all base station operations within a Protection Zone with the Federal incumbents. The default requirement is a nationwide coordination zone with possible revisions to the Protection Zone and other details to be announced in a Joint FCC/NTIA public notice. ( 2 ) Interference. If protected Federal operations receive harmful interference from AWS operations in the 1755-1780 MHz band, an AWS licensee must, upon notification, modify its operations and/or technical parameters as necessary to eliminate the interference. ( 3 ) Point of contact. AWS licensees in the 1755-1780 MHz band must provide and maintain a point of contact at all times so that immediate contact can be made should interference against protected Federal operations occur. ( 4 ) Coordination procedures. Federal use of the radio spectrum is generally governed by the National Telecommunications and Information Administration (NTIA) while non-Federal use is governed by the Commission. As such, any guidance or details concerning Federal/non-Federal coordination must be issued jointly by NTIA and the Commission. The Commission may jointly issue with NTIA one or more public notices with guidance or details concerning the coordination procedures for the 1755-1780 MHz band. [ 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] § 27.1135 Protection of non-Federal Government Meteorological-Satellite operations. AWS licensees operating fixed stations in the 1710-1755 MHz band, if notified that such stations are causing interference to meteorological-satellite earth receivers operating in the Meteorological-Satellite Service in the 1675-1710 MHz band, shall be required to modify the stations' location and/or technical parameters as necessary to eliminate the interference. § 27.1136 Protection of mobile satellite services in the 2000-2020 MHz and 2180-2200 MHz bands. An AWS licensee of the 2000-2020 MHz and 2180-2200 MHz bands must accept any interference received from duly authorized mobile satellite service operations in these bands. Any such AWS licensees must protect mobile satellite service operations in these bands from harmful interference. [ 78 FR 8270 , Jan. 5, 2013] Cost-Sharing Policies Governing Microwave Relocation From the 2110-2150 MHz and 2160-2200 MHz Bands Source: Sections 27.1160 through 27.1174 appear at 71 FR 29835 , May 24, 2006, unless otherwise noted. § 27.1160 Cost-sharing requirements for AWS. Frequencies in the 2110-2150 MHz and 2160-2200 MHz bands listed in § 101.147 of this chapter have been reallocated from Fixed Microwave Services (FMS) to use by AWS (as reflected in § 2.106 of this chapter ). In accordance with procedures specified in § 22.602 and §§ 101.69 through 101.82 of this chapter , AWS entities are required to relocate the existing microwave licensees in these bands if interference to the existing microwave licensee would occur. All AWS entities that benefit from the clearance of this spectrum by other AWS entities or by a voluntarily relocating microwave incumbent must contribute to such relocation costs. AWS entities may satisfy their reimbursement requirement by entering into private cost-sharing agreements or agreeing to terms other than those specified in § 27.1164 . However, AWS entities are required to reimburse other AWS entities or voluntarily relocating microwave incumbents that incur relocation costs and are not parties to the alternative agreement. In addition, parties to a private cost-sharing agreement may seek reimbursement through the clearinghouse (as discussed in § 27.1162 ) from AWS entities or other Emerging Technologies (ET) entities, including Mobile Satellite Service (MSS) operators (for Ancillary Terrestrial Component (ATC) base stations), that are not parties to the agreement. The cost-sharing plan is in effect during all phases of microwave relocation specified in §§ 22.602 and 101.69 of this chapter . If an AWS licensee enters into a spectrum leasing arrangement (as set forth in part 1, subpart X of this chapter ) and the spectrum lessee triggers a cost-sharing obligation, the licensee is the AWS entity responsible for satisfying the cost-sharing obligations under §§ 27.1160-27.1174 . [ 71 FR 29835 , May 24, 2006, as amended at 78 FR 8270 , Feb. 5, 2013] § 27.1162 Administration of the Cost-Sharing Plan. The Wireless Telecommunications Bureau, under delegated authority, will select one or more entities to operate as a neutral, not-for-profit clearinghouse(s). This clearinghouse(s) will administer the cost-sharing plan by, inter alia, determining the cost-sharing obligation of AWS and other ET entities for the relocation of FMS incumbents from the 2110-2150 MHz and 2160-2200 MHz bands. The clearinghouse filing requirements (see §§ 27.1166(a) , 27.1170 ) will not take effect until an administrator is selected. § 27.1164 The cost-sharing formula. An AWS relocator who relocates an interfering microwave link, i.e. , one that is in all or part of its market area and in all or part of its frequency band or a voluntarily relocating microwave incumbent, is entitled to pro rata reimbursement based on the following formula: ( a ) R N equals the amount of reimbursement. ( b ) C equals the actual cost of relocating the link(s). Actual relocation costs include, but are not limited to, such items as: Radio terminal equipment (TX and/or RX—antenna, necessary feed lines, MUX/Modems); towers and/or modifications; back-up power equipment; monitoring or control equipment; engineering costs (design/path survey); installation; systems testing; FCC filing costs; site acquisition and civil works; zoning costs; training; disposal of old equipment; test equipment (vendor required); spare equipment; project management; prior coordination notification under § 101.103(d) of this chapter ; site lease renegotiation; required antenna upgrades for interference control; power plant upgrade (if required); electrical grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if required); alternate transport equipment; and leased facilities. Increased recurring costs represent part of the actual cost of relocation and, even if the compensation to the incumbent is in the form of a commitment to pay five years of charges, the AWS or MSS/ATC relocator is entitled to seek immediate reimbursement of the lump sum amount based on present value using current interest rates, provided it has entered into a legally binding agreement to pay the charges. C also includes voluntarily relocating microwave incumbent's independent third party appraisal of its compensable relocation costs and incumbent transaction expenses that are directly attributable to the relocation, subject to a cap of two percent of the “hard” costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. C may not exceed $250,000 per paired link, with an additional $150,000 permitted if a new or modified tower is required. ( c ) N equals the number of AWS and MSS/ATC entities that have triggered a cost-sharing obligation. For the AWS relocator, N = 1. For the next AWS entity triggering a cost-sharing obligation, N = 2, and so on. In the case of a voluntarily relocating microwave incumbent, N = 1 for the first AWS entity triggering a cost-sharing obligation. For the next AWS or MSS/ATC entity triggering a cost-sharing obligation, N = 2, and so on. ( d ) T m equals the number of months that have elapsed between the month the AWS or MSS/ATC relocator or voluntarily relocating microwave incumbent obtains reimbursement rights for the link and the month in which an AWS entity triggers a cost-sharing obligation. An AWS or MSS/ATC relocator obtains reimbursement rights for the link on the date that it signs a relocation agreement with a microwave incumbent. A voluntarily relocating microwave incumbent obtains reimbursement rights for the link on the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission's rules. § 27.1166 Reimbursement under the Cost-Sharing Plan. ( a ) Registration of reimbursement rights. Claims for reimbursement under the cost-sharing plan are limited to relocation expenses incurred on or after the date when the first AWS license is issued in the relevant AWS band (start date). If a clearinghouse is not selected by that date (see § 27.1162 ) claims for reimbursement (see § 27.1166 ) and notices of operation (see § 27.1170 ) for activities that occurred after the start date but prior to the clearinghouse selection must be submitted to the clearinghouse within 30 calendar days of the selection date. ( 1 ) To obtain reimbursement, an AWS relocator must submit documentation of the relocation agreement to the clearinghouse within 30 calendar days of the date a relocation agreement is signed with an incumbent. In the case of involuntary relocation, an AWS relocator must submit documentation of the relocated system within 30 calendar days after the end of the relocation. ( 2 ) To obtain reimbursement, a voluntarily relocating microwave incumbent must submit documentation of the relocation of the link to the clearinghouse within 30 calendar days of the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission's rules. ( b ) Documentation of expenses. Once relocation occurs, the AWS relocator, or the voluntarily relocating microwave incumbent, must submit documentation itemizing the amount spent for items specifically listed in § 27.1164(b) , as well as any reimbursable items not specifically listed in § 27.1164(b) that are directly attributable to actual relocation costs. Specifically, the AWS relocator, or the voluntarily relocating microwave incumbent must submit, in the first instance, only the uniform cost data requested by the clearinghouse along with a copy, without redaction, of either the relocation agreement, if any, or the third party appraisal described in (b)(1) of this section, if relocation was undertaken by the microwave incumbent. AWS relocators and voluntarily relocating microwave incumbents must maintain documentation of cost-related issues until the applicable sunset date and provide such documentation upon request, to the clearinghouse, the Commission, or entrants that trigger a cost-sharing obligation. If an AWS relocator pays a microwave incumbent a monetary sum to relocate its own facilities, the AWS relocator must estimate the costs associated with relocating the incumbent by itemizing the anticipated cost for items listed in § 27.1164(b) . If the sum paid to the incumbent cannot be accounted for, the remaining amount is not eligible for reimbursement. ( 1 ) Third party appraisal. The voluntarily relocating microwave incumbent, must also submit an independent third party appraisal of its compensable relocation costs. The appraisal should be based on the actual cost of replacing the incumbent's system with comparable facilities and should exclude the cost of any equipment upgrades or items outside the scope of § 27.1164(b) . ( 2 ) Identification of links. The AWS relocator or the voluntarily relocating microwave incumbent must identify the particular link associated with appropriate expenses ( i.e., costs may not be averaged over numerous links). Where the AWS relocator or voluntarily relocating microwave incumbent relocates both paths of a paired channel microwave link ( e.g., 2110-2130 MHz with 2160-2180 MHz and 2130-2150 MHz with 2180-2200 MHz), the AWS relocator or voluntarily relocating microwave incumbent must identify the expenses associated with each paired microwave link. ( c ) Full Reimbursement. An AWS relocator who relocates a microwave link that is either fully outside its market area or its licensed frequency band may seek full reimbursement through the clearinghouse of compensable costs, up to the reimbursement cap as defined in § 27.1164(b) . Such reimbursement will not be subject to depreciation under the cost-sharing formula. ( d ) Good Faith Requirement. New entrants and incumbent licensees are expected to act in good faith in satisfying the cost-sharing obligations under §§ 27.1160 through 27.1174 . The requirement to act in good faith extends to, but is not limited to, the preparation and submission of the documentation required in paragraph (b) of this section. ( e ) MSS Participation in the Clearinghouse. MSS operators are not required to submit reimbursements to the clearinghouse for links relocated due to interference from MSS space-to-Earth downlink operations, but may elect to do so, in which case the MSS operator must identify the reimbursement claim as such and follow the applicable procedures governing reimbursement in part 27. MSS reimbursement rights and cost-sharing obligations for space-to-Earth downlink operations are governed by § 101.82 of this chapter . ( f ) Reimbursement for Self-relocating FMS links in the 2130-2150 MHz and 2180-2200 MHz bands. Where a voluntarily relocating microwave incumbent relocates a paired microwave link with paths in the 2130-2150 MHz and 2180-2200 MHz bands, it may not seek reimbursement from MSS operators, but is entitled to reimbursement from the first AWS beneficiary for its actual costs for relocating the paired link, subject to the reimbursement cap in § 27.1164(b) . This amount is subject to depreciation as specified in § 27.1164(b) . An AWS licensee who is obligated to reimburse relocation costs under this rule is entitled to obtain reimbursement from other AWS beneficiaries in accordance with §§ 27.1164 and 27.1168 . For purposes of applying the cost-sharing formula relative to other AWS licensees that benefit from the self-relocation, depreciation shall run from the date on which the clearinghouse issues the notice of an obligation to reimburse the voluntarily relocating microwave incumbent. [ 71 FR 29835 , May 24, 2006, as amended at 78 FR 8270 , Jan. 5, 2013] § 27.1168 Triggering a Reimbursement Obligation. ( a ) The clearinghouse will apply the following test to determine when an AWS entity has triggered a cost-sharing obligation and therefore must pay an AWS relocator, MSS relocator, or a voluntarily relocating microwave incumbent in accordance with the formula detailed in § 27.1164 : ( 1 ) All or part of the relocated microwave link was initially co-channel with the licensed AWS band(s) of the AWS entity or the selected assignment of the MSS operator that seeks and obtains ATC authority (see § 25.149(a)(2)(i) of this chapter ); ( 2 ) An AWS relocator, MSS relocator or a voluntarily relocating microwave incumbent has paid the relocation costs of the microwave incumbent; and ( 3 ) The AWS or MSS entity is operating or preparing to turn on a fixed base station at commercial power and the fixed base station is located within a rectangle (Proximity Threshold) described as follows: ( i ) The length of the rectangle shall be x where x is a line extending through both nodes of the microwave link to a distance of 48 kilometers (30 miles) beyond each node. The width of the rectangle shall be y where y is a line perpendicular to x and extending for a distance of 24 kilometers (15 miles) on both sides of x. Thus, the rectangle is represented as follows: ( ii ) If the application of the Proximity Threshold Test indicates that a reimbursement obligation exists, the clearinghouse will calculate the reimbursement amount in accordance with the cost-sharing formula and notify the AWS entity of the total amount of its reimbursement obligation. ( b ) Once a reimbursement obligation is triggered, the AWS entity may not avoid paying its cost-sharing obligation by deconstructing or modifying its facilities. [ 71 FR 29835 , May 24, 2006, as amended at 78 FR 8271 , Jan. 5, 2013] § 27.1170 Payment issues. Prior to initiating operations for a newly constructed site or modified existing site, an AWS entity is required to file a notice containing site-specific data with the clearinghouse. The notice regarding the new or modified site must provide a detailed description of the proposed site's spectral frequency use and geographic location, including but not limited to the applicant's name and address, the name of the transmitting base station, the geographic coordinates corresponding to that base station, the frequencies and polarizations to be added, changed or deleted, and the emission designator. If a prior coordination notice (PCN) under § 101.103(d) of this chapter is prepared, AWS entities can satisfy the site-data filing requirement by submitting a copy of their PCN to the clearinghouse. AWS entities that file either a notice or a PCN have a continuing duty to maintain the accuracy of the site-specific data on file with the clearinghouse. Utilizing the site-specific data, the clearinghouse will determine if any reimbursement obligation exists and notify the AWS entity in writing of its repayment obligation, if any. When the AWS entity receives a written copy of such obligation, it must pay directly to the relocator the amount owed within 30 calendar days. [ 78 FR 8271 , Jan. 5, 2013] § 27.1172 Dispute Resolution Under the Cost-Sharing Plan. ( a ) Disputes arising out of the cost-sharing plan, such as disputes over the amount of reimbursement required, must be brought, in the first instance, to the clearinghouse for resolution. To the extent that disputes cannot be resolved by the clearinghouse, parties are encouraged to use expedited Alternative Dispute Resolution (ADR) procedures, such as binding arbitration, mediation, or other ADR techniques. ( b ) Evidentiary requirement. Parties of interest contesting the clearinghouse's determination of specific cost-sharing obligations must provide evidentiary support to demonstrate that their calculation is reasonable and made in good faith. Specifically, these parties are expected to exercise due diligence to obtain the information necessary to prepare an independent estimate of the relocation costs in question and to file the independent estimate and supporting documentation with the clearinghouse. § 27.1174 Termination of cost-sharing obligations. The cost-sharing plan will sunset for all AWS and MSS entities on the same date on which the relocation obligation for the subject AWS band ( i.e., 2110-2150 MHz, 2160-2175 MHz, 2175-2180 MHz, 2180-2200 MHz) in which the relocated FMS link was located terminates. AWS or MSS entrants that trigger a cost-sharing obligation prior to the sunset date must satisfy their payment obligation in full. [ 78 FR 8271 , Feb. 5, 2013] Cost-Sharing Policies Governing Broadband Radio Service Relocation From the 2150-2160/62 MHz Band Source: Sections 27.1176 through 27.1190 appear at 71 FR 29835 , May 24, 2006, unless otherwise noted. § 27.1176 Cost-sharing requirements for AWS in the 2150-2160/62 MHz band. ( a ) Frequencies in the 2150-2160/62 MHz band have been reallocated from the Broadband Radio Service (BRS) to AWS. All AWS entities who benefit from another AWS entity's clearance of BRS incumbents from this spectrum, including BRS incumbents occupying the 2150-2162 MHz band on a primary basis, must contribute to such relocation costs. Only AWS entrants that relocate BRS incumbents are entitled to such reimbursement. ( b ) AWS entities may satisfy their reimbursement requirement by entering into private cost-sharing agreements or agreeing to terms other than those specified in § 27.1180 . However, AWS entities are required to reimburse other AWS entities that incur relocation costs and are not parties to the alternative agreement. In addition, parties to a private cost-sharing agreement may seek reimbursement through the clearinghouse (as discussed in § 27.1178 ) from AWS entities that are not parties to the agreement. The cost-sharing plan is in effect during all phases of BRS relocation until the end of the period specified in § 27.1190 . If an AWS licensee enters into a spectrum leasing arrangement and the spectrum lessee triggers a cost-sharing obligation, the licensee is the AWS entity responsible for satisfying cost-sharing obligations under these rules. § 27.1178 Administration of the Cost-Sharing Plan. The Wireless Telecommunications Bureau, under delegated authority, will select one or more entities to operate as a neutral, not-for-profit clearinghouse(s). This clearinghouse(s) will administer the cost-sharing plan by, inter alia, determining the cost-sharing obligations of AWS entities for the relocation of BRS incumbents from the 2150-2162 MHz band. The clearinghouse filing requirements ( see §§ 27.1182(a) , 27.1186 ) will not take effect until an administrator is selected. § 27.1180 The cost-sharing formula. ( a ) An AWS licensee that relocates a BRS system with which it interferes is entitled to pro rata reimbursement based on the cost-sharing formula specified in § 27.1164 , except that the depreciation factor shall be [180−T m ]/180, and the variable C shall be applied as set forth in paragraph (b) of this section. ( b ) C is the actual cost of relocating the system, and includes, but is not limited to, such items as: Radio terminal equipment (TX and/or RX—antenna, necessary feed lines, MUX/Modems); towers and/or modifications; back-up power equipment; monitoring or control equipment; engineering costs (design/path survey); installation; systems testing; FCC filing costs; site acquisition and civil works; zoning costs; training; disposal of old equipment; test equipment (vendor required); spare equipment; project management; site lease renegotiation; required antenna upgrades for interference control; power plant upgrade (if required); electrical grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if required); alternate transport equipment; leased facilities; and end user units served by the base station that is being relocated. In addition to actual costs, C may include the cost of an independent third party appraisal conducted pursuant to § 27.1182(a)(3) and incumbent transaction expenses that are directly attributable to the relocation, subject to a cap of two percent of the “hard” costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. There is no cap on the actual costs of relocation. ( c ) An AWS system shall be considered an interfering system for purposes of this rule if the AWS system is in all or part of the BRS frequency band and operates within line of sight to BRS operations under the applicable test specified in § 27.1184 . An AWS relocator that relocates a BRS system with which it does not interfere is entitled to full reimbursement, as specified in § 27.1182(c) . § 27.1182 Reimbursement under the Cost-Sharing Plan. ( a ) Registration of reimbursement rights. ( 1 ) To obtain reimbursement, an AWS relocator must submit documentation of the relocation agreement to the clearinghouse within 30 calendar days of the date a relocation agreement is signed with an incumbent. In the case of involuntary relocation, an AWS relocator must submit documentation of the relocated system within 30 calendar days after the end of the one-year trial period. ( 2 ) Registration of any BRS system shall include: ( i ) A description of the system's frequency use; ( ii ) If the system exclusively provides one-way transmissions to subscribers, the Geographic Service Area of the system; and ( iii ) If the system does not exclusively provide one-way transmission to subscribers, the system hub antenna's geographic location and the above ground level height of the system's receiving antenna centerline. ( 3 ) The AWS relocator must also include with its system registration an independent third party appraisal of the compensable relocation costs. The appraisal should be based on the actual cost of replacing the incumbent's system with comparable facilities and should exclude the cost of any equipment upgrades that are not necessary to the provision of comparable facilities. An AWS relocator may submit registration without a third party appraisal if it consents to binding resolution by the clearinghouse of any good faith cost disputes regarding the reimbursement claim, under the following standard: The relocator shall bear the burden of proof, and be required to demonstrate by clear and convincing evidence that its request does not exceed the actual cost of relocating the relevant BRS system or systems to comparable facilities. Failure to satisfy this burden of proof will result in loss of rights to subsequent reimbursement of the disputed costs from any AWS licensee. ( b ) Documentation of expenses. Once relocation occurs, the AWS relocator must submit documentation itemizing the amount spent for items specifically listed in § 27.1180(b) , as well as any reimbursable items not specifically listed in § 27.1180(b) that are directly attributable to actual relocation costs. Specifically, the AWS relocator must submit, in the first instance, only the uniform cost data requested by the clearinghouse along with copies, without redaction, of the relocation agreement, if any, and the third party appraisal described in (a)(3), of this section, if prepared. The AWS relocator must identify the particular system associated with appropriate expenses ( i.e. , costs may not be averaged over numerous systems). If an AWS relocator pays a BRS incumbent a monetary sum to relocate its own facilities in whole or in part, the AWS relocator must itemize the actual costs to the extent determinable, and otherwise must estimate the actual costs associated with relocating the incumbent and itemize these costs. If the sum paid to the incumbent cannot be accounted for, the remaining amount is not eligible for reimbursement. All AWS relocators seeking reimbursement through the clearinghouse have an ongoing duty to maintain all relevant records of BRS relocation-related expenses until the sunset of cost-sharing obligations, and to provide, upon request, such documentation, including a copy of the independent appraisal if one was conducted, to the clearinghouse, the Commission, or AWS entrants that trigger a cost-sharing obligation. ( c ) Full reimbursement. An AWS relocator who relocates a BRS system that is either: ( 1 ) Wholly outside its frequency band; or ( 2 ) Not within line of sight of the relocator's transmitting base station may seek full reimbursement through the clearinghouse of compensable costs. Such reimbursement will not be subject to depreciation under the cost-sharing formula. ( d ) Good Faith Requirement. New entrants and incumbent licensees are expected to act in good faith in satisfying the cost-sharing obligations under §§ 27.1176 through 27.1190 . The requirement to act in good faith extends to, but is not limited to, the preparation and submission of the documentation required in paragraph (b) of this section. § 27.1184 Triggering a reimbursement obligation. ( a ) The clearinghouse will apply the following test to determine when an AWS entity has triggered a cost-sharing obligation and therefore must pay an AWS relocator of a BRS system in accordance with the formula detailed in § 27.1180 : ( 1 ) All or part of the relocated BRS system was initially co-channel with the licensed AWS band(s) of the AWS entity; ( 2 ) An AWS relocator has paid the relocation costs of the BRS incumbent; and ( 3 ) The other AWS entity has turned on or is preparing to turn on a fixed base station at commercial power and the incumbent BRS system would have been within the line of sight of the AWS entity's fixed base station, defined as follows. ( i ) For a BRS system using the 2150-2160/62 MHz band exclusively to provide one-way transmissions to subscribers, the clearinghouse will determine whether there is an unobstructed signal path (line of sight) to the incumbent licensee's geographic service area (GSA), based on the following criteria: use of 9.1 meters (30 feet) for the receiving antenna height, use of the actual transmitting antenna height and terrain elevation, and assumption of 4/3 Earth radius propagation conditions. Terrain elevation data must be obtained from the U.S. Geological Survey (USGS) 3-second database. All coordinates used in carrying out the required analysis shall be based upon use of NAD-83. ( ii ) For all other BRS systems using the 2150-2160/62 MHz band, the clearinghouse will determine whether there is an unobstructed signal path (line of sight) to the incumbent licensee's receive station hub using the method prescribed in “Methods for Predicting Interference from Response Station Transmitters and to Response Station Hubs and for Supplying Data on Response Station Systems. MM Docket 97-217,” in Amendment of 47 CFR parts 1 , 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order on Further Reconsideration and Further Notice of Proposed Rulemaking, 15 FCC Rcd 14566 at 14610, Appendix D. ( b ) If the application of the trigger test described in paragraphs (a)(3)(i) and (ii) of this section, indicates that a reimbursement obligation exists, the clearinghouse will calculate the reimbursement amount in accordance with the cost-sharing formula and notify the subsequent AWS entity of the total amount of its reimbursement obligation. ( c ) Once a reimbursement obligation is triggered, the AWS entity may not avoid paying its cost-sharing obligation by deconstructing or modifying its facilities. § 27.1186 Payment issues. Payment of cost-sharing obligations for the relocation of BRS systems in the 2150-60/62 MHz band is subject to the rules set forth in § 27.1170 . If an AWS licensee is initiating operations for a newly constructed site or modified existing site in licensed bands overlapping the 2150-2160/62 MHz band, the AWS licensee must file with the clearinghouse, in addition to the site-specific data required by § 27.1170 , the above ground level height of the transmitting antenna centerline. AWS entities have a continuing duty to maintain the accuracy of the site-specific data on file with the clearinghouse. [ 71 FR 29835 , May 24, 2006, as amended at 72 FR 41939 , Aug. 1, 2007] § 27.1188 Dispute resolution under the Cost-Sharing Plan. ( a ) Disputes arising out of the cost-sharing plan, such as disputes over the amount of reimbursement required, must be brought, in the first instance, to the clearinghouse for resolution. To the extent that disputes cannot be resolved by the clearinghouse, parties are encouraged to use expedited Alternative Dispute Resolution (ADR) procedures, such as binding arbitration, mediation, or other ADR techniques. ( b ) Evidentiary requirement. Parties of interest contesting the clearinghouse's determination of specific cost-sharing obligations must provide evidentiary support to demonstrate that their calculation is reasonable and made in good faith. Specifically, these parties are expected to exercise due diligence to obtain the information necessary to prepare an independent estimate of the relocation costs in question and to file the independent estimate and supporting documentation with the clearinghouse. § 27.1190 Termination of cost-sharing obligations. The plan for cost-sharing in connection with BRS relocation will sunset for all AWS entities fifteen years after the relocation sunset period for BRS relocation commences, i.e. , fifteen years after the first AWS licenses are issued in any part of the 2150-2162 MHz band. AWS entrants that trigger a cost-sharing obligation prior to the sunset date must satisfy their payment obligation in full. Subpart M—Broadband Radio Service and Educational Broadband Service Source: 69 FR 72034 , Dec. 10, 2004, unless otherwise noted. § 27.1200 Change to BRS and EBS. ( a ) As of January 10, 2005, licensees assigned to the Multipoint Distribution Service (MDS) and the Multichannel Multipoint Distribution Service (MMDS) shall be reassigned to the Broadband Radio Service (BRS) and licensees in the Instructional Television Fixed Service (ITFS) shall be reassigned to the Educational Broadband Service (EBS). § 27.1201 [Reserved] § 27.1202 Cable/BRS cross-ownership. ( a ) Initial or modified authorizations for BRS stations may not be granted to a cable operator if a portion of the BRS station's protected services area is within the portion of the franchise area actually served by the cable operator's cable system and the cable operator will be using the BRS station as a multichannel video programming distributor (as defined in § 76.64(d) of this chapter ). No cable operator may acquire such authorization either directly, or indirectly through an affiliate owned, operated, or controlled by or under common control with a cable operator if the cable operator will use the BRS station as a multichannel video programming distributor. ( b ) No licensee of a station in this service may lease transmission time or capacity to a cable operator either directly, or indirectly through an affiliate owned, operated, controlled by, or under common control with a cable operator, if a portion of the BRS station's protected services area is within the portion of the franchise area actually served by the cable operator's cable system the cable operator will use the BRS station as a multichannel video programming distributor. ( c ) Applications for new stations, station modifications, assignments or transfers of control by cable operators of BRS stations shall include a showing that no portion of the GSA of the BRS station is within the portion of the franchise area actually served by the cable operator's cable system, or of any entity indirectly affiliated, owned, operated, controlled by, or under common control with the cable operator. Alternatively, the cable operator may certify that it will not use the BRS station to distribute multichannel video programming. ( d ) In applying the provisions of this section, ownership and other interests in BRS licensees or cable television systems will be attributed to their holders and deemed cognizable pursuant to the following criteria: ( 1 ) Except as otherwise provided herein, partnership and direct ownership interests and any voting stock interest amounting to 5% or more of the outstanding voting stock of a corporate BRS licensee or cable television system will be cognizable; ( 2 ) Investment companies, as defined in 15 U.S.C. 80a-3 , insurance companies and banks holding stock through their trust departments in trust accounts will be considered to have a cognizable interest only if they hold 20% or more of the outstanding voting stock of a corporate BRS licensee or cable television system, or if any of the officers or directors of the BRS licensee or cable television system are representatives of the investment company, insurance company or bank concerned. Holdings by a bank or insurance company will be aggregated if the bank or insurance company has any right to determine how the stock will be voted. Holdings by investment companies will be aggregated if under common management. ( 3 ) Attribution of ownership interests in a BRS licensee or cable television system that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that wherever the ownership percentage for any link in the chain exceeds 50%, it shall not be included for purposes of this multiplication. For purposes of paragraph (d)(9) of this section, attribution of ownership interests in a BRS licensee or cable television system that are held indirectly by any party through one or more intervening organizations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, and the ownership percentage for any link in the chain that exceeds 50% shall be included for purposes of this multiplication. For example, except for purposes of paragraph (d)(9) of this section, if A owns 10% of company X, which owns 60% of company Y, which owns 25% of “Licensee,” then X's interest in “Licensee” would be 25% (the same as Y's interest because X's interest in Y exceeds 50%), and A's interest in “Licensee” would be 2.5% (0.1 × 0.25). Under the 5% attribution benchmark, X's interest in “Licensee” would be cognizable, while A's interest would not be cognizable. For purposes of paragraph (d)(9) of this section, X's interest in “Licensee” would be 15% (0.6 × 0.25) and A's interest in “Licensee” would be 1.5% (0.1 × 0.6 × 0.25). Neither interest would be attributed under paragraph (d)(9) of this section. ( 4 ) Voting stock interests held in trust shall be attributed to any person who holds or shares the power to vote such stock, to any person who has the sole power to sell such stock, and to any person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the grantor or beneficiary, as appropriate, will be attributed with the stock interests held in trust. An otherwise qualified trust will be ineffective to insulate the grantor or beneficiary from attribution with the trust's assets unless all voting stock interests held by the grantor or beneficiary in the relevant BRS licensee or cable television system are subject to said trust. ( 5 ) Subject to paragraph (d)(9) of this section, holders of non-voting stock shall not be attributed an interest in the issuing entity. Subject to paragraph (d)(9) of this section, holders of debt and instruments such as warrants, convertible debentures, options or other non-voting interests with rights of conversion to voting interests shall not be attributed unless and until conversion is effected. ( 6 ) ( i ) A limited partnership interest shall be attributed to a limited partner unless that partner is not materially involved, directly or indirectly, in the management or operation of the BRS or cable television activities of the partnership and the licensee or system so certifies. An interest in a Limited Liability Company (“LLC”) or Registered Limited Liability Partnership (“RLLP”) shall be attributed to the interest holder unless that interest holder is not materially involved, directly or indirectly, in the management or operation of the BRS or cable television activities of the partnership and the licensee or system so certifies. ( ii ) For a licensee or system that is a limited partnership to make the certification set forth in paragraph (d)(6)(i) of this section, it must verify that the partnership agreement or certificate of limited partnership, with respect to the particular limited partner exempt from attribution, establishes that the exempt limited partner has no material involvement, directly or indirectly, in the management or operation of the BRS or cable television activities of the partnership. For a licensee or system that is an LLC or RLLP to make the certification set forth in paragraph (d)(6)(i) of this section, it must verify that the organizational document, with respect to the particular interest holder exempt from attribution, establishes that the exempt interest holder has no material involvement, directly or indirectly, in the management or operation of the BRS or cable television activities of the LLC or RLLP. Irrespective of the terms of the certificate of limited partnership or partnership agreement, or other organizational document in the case of an LLC or RLLP, however, no such certification shall be made if the individual or entity making the certification has actual knowledge of any material involvement of the limited partners, or other interest holders in the case of an LLC or RLLP, in the management or operation of the BRS or cable television businesses of the partnership or LLC or RLLP. ( iii ) In the case of an LLC or RLLP, the licensee or system seeking installation shall certify, in addition, that the relevant state statute authorizing LLCs permits an LLC member to insulate itself as required by our criteria. ( 7 ) Officers and directors of a BRS licensee or cable television system are considered to have a cognizable interest in the entity with which they are so associated. If any such entity engages in businesses in addition to its primary business of BRS or cable television service, it may request the Commission to waive attribution for any officer or director whose duties and responsibilities are wholly unrelated to its primary business. The officers and directors of a parent company of a BRS licensee or cable television system, with an attributable interest in any such subsidiary entity, shall be deemed to have a cognizable interest in the subsidiary unless the duties and responsibilities of the officer or director involved are wholly unrelated to the BRS licensee or cable television system subsidiary, and a statement properly documenting this fact is submitted to the Commission. The officers and directors of a sister corporation of a BRS licensee or cable television system shall not be attributed with ownership of these entities by virtue of such status. ( 8 ) Discrete ownership interests will be aggregated in determining whether or not an interest is cognizable under this section. An individual or entity will be deemed to have a cognizable investment if: ( i ) The sum of the interests held by or through “passive investors” is equal to or exceeds 20 percent; or ( ii ) The sum of the interests other than those held by or through “passive investors” is equal to or exceeds 5 percent; or ( iii ) The sum of the interests computed under paragraph (d)(8)(i) of this section plus the sum of the interests computed under paragraph (d)(8)(ii) of this section equal to or exceeds 20 percent. ( 9 ) Notwithstanding paragraphs (d)(5) and (d)(6) of this section, the holder of an equity or debt interest or interests in a BRS licensee or cable television system subject to the BRS/cable cross-ownership rule (“interest holder”) shall have that interest attributed if: ( i ) The equity (including all stockholdings, whether voting or nonvoting, common or preferred) and debt interest or interests, in the aggregate, exceed 33 percent of the total asset value (all equity plus all debt) of that BRS licensee or cable television system; and ( ii ) The interest holder also holds an interest in a BRS licensee or cable television system that is attributable under this section (other than this paragraph) and which operates in any portion of the franchise area served by that cable operator's cable system. ( 10 ) The term “area served by a cable system” means any area actually passed by the cable operator's cable system and which can be connected for a standard connection fee. ( 11 ) As used in this section “cable operator” shall have the same definition as in § 76.5 of this chapter . ( e ) The Commission will entertain requests to waive the restrictions in paragraph (a) of this section where necessary to ensure that all significant portions of the franchise area are able to obtain multichannel video service. ( f ) The provisions of paragraphs (a) through (e) of this section will not apply to one BRS channel used to provide locally-produced programming to cable headends. Locally-produced programming is programming produced in or near the cable operator's franchise area and not broadcast on a television station available within that franchise area. A cable operator will be permitted one BRS channel for this purpose, and no more than one BRS channel may be used by a cable television company or its affiliate or lessor pursuant to this paragraph. The licensee for a cable operator providing local programming pursuant to a lease must include in a notice filed with the Wireless Telecommunications Bureau a cover letter explicitly identifying itself or its lessees as a local cable operator and stating that the lease was executed to facilitate the provision of local programming. The first application or the first lease notification in an area filed with the Commission will be entitled to the exemption. The limitations on one BRS channel per party and per area include any cable/BRS operations or cable/EBS operations. The cable operator must demonstrate in its BRS application that the proposed local programming will be provided within one year from the date its application is granted. Local programming service pursuant to a lease must be provided within one year of the date of the lease or one year of grant of the licensee's application for the leased channel, whichever is later. If a BRS license for these purposes is granted and the programming is subsequently discontinued, the license will be automatically forfeited the day after local programming service is discontinued. ( g ) Applications filed by cable television companies, or affiliates, for BRS channels prior to February 8, 1990, will not be subject to the prohibitions of this section. Applications filed on February 8, 1990, or thereafter will be returned. Lease arrangements between cable and BRS entities for which a lease or a firm agreement was signed prior to February 8, 1990, will also not be subject to the prohibitions of this section. Leases between cable television companies, or affiliates, and BRS station licensees, conditional licensees, or applicants executed on February 8, 1990, or thereafter, are invalid. ( 1 ) Applications filed by cable operators, or affiliates, for BRS channels prior to February 8, 1990, will not be subject to the prohibitions of this section. Except as provided in paragraph (g)(2) of this section, applications filed on February 8, 1990, or thereafter will be returned. Lease arrangements between cable and BRS entities for which a lease or a firm agreement was signed prior to February 8, 1990, will also not be subject to the prohibitions of this section. Except as provided in paragraph (g)(2) of this section, leases between cable operators, or affiliates, and BRS/EBS station licensees, conditional licensees, or applicants executed on or before February 8, 1990, or thereafter are invalid. ( 2 ) Applications filed by cable operators, or affiliates for BRS channels after February 8, 1990, and prior to October 5, 1992, will not be subject to the prohibition of this section, if, pursuant to the then existing overbuild or rural exceptions, the applications were allowed under the then existing cable/BRS cross-ownership prohibitions. Lease arrangements between cable operators and BRS entities for which a lease or firm agreement was signed after February 8, 1990, and prior to October 5, 1992, will not be subject to the prohibitions of this section, if, pursuant to the then existing rural and overbuild exceptions, the lease arrangements were allowed. ( 3 ) The limitations on cable television ownership in this section do not apply to any cable operator in any franchise area in which a cable operator is subject to effective competition as determined under section 623(l) of the Communications Act. [ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35190 , June 19, 2006] § 27.1203 [Reserved] § 27.1204 EBS Tribal priority filing window. ( a ) The Commission will specify by public notice a window filing period for applications for new EBS stations on rural Tribal Lands. EBS applications for new facilities will be accepted only during this window. Applications submitted prior to the window opening date identified in the public notice will be returned as premature. Applications submitted after the deadline will be dismissed with prejudice as untimely. ( b ) Applicants in the Tribal priority filing window must demonstrate that they are eligible to file in that window. To be considered eligible for the Tribal priority window, an applicant must be: ( 1 ) A federally recognized American Indian Tribe or Alaska Native Village; or an entity that is owned and controlled by a federally-recognized Tribe or a consortium of federally-recognized Tribes; ( 2 ) Requesting a license on Tribal Land, which is defined to be any federally recognized Indian Tribe's reservation, pueblo or colony, including former reservations in Oklahoma, Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) and Indian Allotments, see § 54.400(e) of this chapter , as well as Hawaiian Home Lands—areas held in trust for native Hawaiians by the State of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920, July 9, 1921, 42 Stat 108, et seq., as amended; and any lands designated prior to July 10, 2019, as Tribal Lands pursuant to the designation process contained in § 54.412 of this chapter ; ( 3 ) Requesting a GSA in a rural area, which is defined to be lands that are not part of an urbanized area or urban cluster area with a population equal to or greater than 50,000; and ( 4 ) Have a local presence on the Tribal Land for which they are applying. ( c ) Following the close of the Tribal priority window, the Commission will issue a public notice of acceptance for filing of applications submitted pursuant to paragraph (b) of this section that meet technical and legal requirements and that are not in conflict with any other application filed during the window. Petitions to deny such applications may be filed within 30 days of such public notice. A copy of any petition to deny must be served on the applicant. ( d ) If applications are filed in the Tribal priority window that are mutually exclusive, the Commission will use competitive bidding to resolve the mutual exclusivity. Two or more pending applications are mutually exclusive if the grant of one application would effectively preclude the grant of one or more of the others under Commission rules in this chapter. ( e ) For non-mutually exclusive applications, the applications will be processed in accordance with procedures to be specified by the Wireless Telecommunications Bureau. [ 84 FR 57365 , Oct. 25, 2019, as amended at 85 FR 1284 , Jan. 10, 2020] § 27.1205 EBS renewal standard. In applying the renewal standard contained in § 1.949 of this chapter to EBS, for licenses initially issued after October 25, 2019, the applicable safe harbors are the buildout standards contained in § 27.14(u) . For licenses initially issued before October 25, 2019, the applicable safe harbors are the buildout standards contained in § 27.14(o) ; provided, however, that the educational use safe harbor contained in § 27.14(o)(2) may only be used by a licensee that meets the eligibility requirements to hold an EBS license pursuant to the provisions of § 27.1201(a) contained in the edition of 47 CFR parts 20 through 39 , revised as of October 1, 2017. [ 84 FR 57365 , Oct. 25, 2019] § 27.1206 Geographic service area. ( a ) BRS: ( 1 ) For BRS incumbent licenses granted before September 15, 1995, the geographic service area (GSA) is the area that is bounded by a circle having a 35 mile radius and centered at the station's reference coordinates, which was the previous PSA entitled to incumbent licensees prior to January 10, 2005, and is bounded by the chord(s) drawn between intersection points of the licensee's previous 35 mile PSA and those of respective adjacent market, co-channel licensees; ( 2 ) For BRS BTA authorization holders, the GSA for a channel is the BTA, subject to the exclusion of overlapping, co-channel incumbent GSAs created on January 10, 2005. ( 3 ) If an incumbent BRS license is cancelled or is forfeited, the GSA area of the incumbent station shall dissolve and the right to operate in that area automatically reverts to the GSA licensee that held the corresponding BTA. ( b ) EBS: ( 1 ) Existing EBS licensees. ( i ) The GSA of EBS licenses on the E and F channel groups is defined in § 27.1216 . EBS licensees on the E and F channel groups are prohibited from expanding their GSAs. ( ii ) For incumbent EBS licenses not in the E and F channel groups in effect as of October 25, 2019, the geographic service area (GSA) is the area that is bounded by a circle having a 35 mile radius and centered at the station's reference coordinates, which was the previous PSA entitled to incumbent licensees prior to January 10, 2005, and is bounded by the chord(s) drawn between intersection points of the licensee's previous 35 mile PSA and those of respective adjacent market, co-channel licensees. ( 2 ) New initial EBS licenses. ( i ) For EBS licenses issued in the Tribal Priority Window, the GSA consists of the rural Tribal Land (as defined in § 27.1204(b)(3) ) specified in the application. ( ii ) For all other new initial licenses issued after April 27, 2020, the GSA is the county for which the license is issued, subject to the exclusion of overlapping, co-channel incumbent GSAs. [ 84 FR 57365 , Oct. 25, 2019] § 27.1207 Service areas and authorizations. ( a ) Initial authorizations for BRS granted after January 1, 2008, shall be blanket licenses for all BRS frequencies identified in § 27.5(i)(2) . Except for incumbent BRS licenses, BRS service areas are the 1992 version of Basic Trading Areas (BTAs) defined by Rand McNally, or additional service areas similar to BTAs adopted by the Commission. The market area for each license will be listed on the license authorization. The following are additional BRS service areas in places where Rand McNally has not defined BTAs: American Samoa; Guam; Gulf of Mexico Zone A; Gulf of Mexico Zone B; Gulf of Mexico Zone C; Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto Rico; San Juan, Puerto Rico; and the United States Virgin Islands. The boundaries of Gulf of Mexico Zone A are from an area twelve nautical miles from the shoreline at mean high tide on the north and east, to the limit of the Outer Continental Shelf to the south, and to longitude 91°00′ to the west. The boundaries of Gulf of Mexico Zone B are from an area twelve nautical miles from the shoreline at mean high tide on the north, to the limit of the Outer Continental Shelf to the south, to longitude 91°00′ to the east, and to longitude 94°00′ to the west. The boundaries of Gulf of Mexico Zone C are from an area twelve nautical miles from the shoreline at mean high tide on the north and west, to longitude 94°00′ to the east, and to a line 281 kilometers from the reference point at Linares, N.L., Mexico on the southwest. The Mayaguez/Aguadilla-Ponce, PR, service area consists of the following municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, Coamo, Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Diaz, Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, Patillas, Penuelas, Ponce, Quebradillas, Rincón, Sabana Grande, Salinas, San German, Santa Isabel, Villalba and Yauco. The San Juan service area consists of all other municipios in Puerto Rico. ( b ) For EBS initial licenses issued after October 25, 2019, except for licenses issued in the Tribal Priority Window, the GSA is the county for which the license is issued, subject to the exclusion of overlapping, co-channel incumbent GSAs. For purposes of this subpart, counties are defined using the United States Census Bureau's data reflecting county legal boundaries and names valid through January 1, 2017. Except for licenses issued in the Tribal Priority Window, there shall be three initial authorizations issued in each county: One authorization for channels A1, A2, A3, B1, B2, B3, C1, C2, and C3; the second authorization for channels D1, D2, D3, JA1, JA2, JA3, JB1, JB2, JB3, JC1, JC2, JC3, JD1, JD2, JD3, A4, B4, C4, D4, and G4; the third authorization for channels G1, G2, G3, KG1, KG2, and KG3. [ 84 FR 57366 , Oct. 25, 2019] § 27.1208 Geographic area licensing. ( a ) All BRS and EBS licenses are geographic area licenses. Blanket licenses cover all mobile and response stations. Pursuant to that geographic area license, incumbent licensees may modify their systems provided the modified system complies with the applicable rules in this chapter. The blanket license covers all fixed stations anywhere within the authorized service area, except a station must be individually licensed if: ( 1 ) International agreements require coordination; ( 2 ) Submission of an Environmental Assessment is required under § 1.1307 of this chapter ; and ( 3 ) The station would affect the radio quiet zones under § 1.924 of this chapter . ( b ) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under § 17.4 of this chapter . [ 84 FR 57366 , Oct. 25, 2019] § 27.1209 Reversion and overlay rights. ( a ) The frequencies associated with BRS incumbent authorizations that have cancelled automatically or otherwise recovered by the Commission automatically revert to the applicable BRS BTA licensee. ( b ) The frequencies associated with EBS incumbent authorizations with a geographic service area that have cancelled automatically or otherwise recovered by the Commission automatically revert to a co-channel EBS county-based licensee, except that if the area in question is Tribal Land as defined in § 27.1204(b)(3) and is contiguous to the GSA of a co-channel authorization issued in the Tribal Priority Window, the area consisting of Tribal Land reverts to the co-channel license issued in the Tribal Priority Window. ( c ) The frequencies associated with EBS authorizations issued in the Tribal Priority Window with a geographic service area that have cancelled automatically or otherwise recovered by the Commission automatically revert to a co-channel EBS county-based authorization. [ 84 FR 57366 , Oct. 25, 2019] § 27.1210 Remote control operation. Licensed BRS/EBS stations may be operated by remote control without further authority. § 27.1211 Unattended operation. Unattended operation of licensed BRS/EBS stations is permitted without further authority. An unattended relay station may be employed to receive and retransmit signals of another station provided that the transmitter is equipped with circuits which permit it to radiate only when the signal intended to be retransmitted is present at the receiver input terminals. § 27.1212 License term. ( a ) BRS/EBS licenses shall be issued for a period of 10 years beginning with the date of grant. ( b ) An initial BTA authorization shall be issued for a period of ten years from the date the Commission declared bidding closed in the MDS auction. § 27.1213 Designated entity provisions for BRS in Commission auctions commencing prior to January 1, 2004. ( a ) Eligibility for small business provisions. For purposes of Commission auctions commencing prior to January 1, 2004 for BRS licenses, a small business is an entity that together with its affiliates has average annual gross revenues that are not more than $40 million for the preceding three calendar years. ( b ) Designated entities. As specified in this section, designated entities that are winning bidders in Commission auctions commencing prior to January 1, 2004 for BTA service areas are eligible for special incentives in the auction process. See 47 CFR 1.2110 . ( c ) Installment payments. Small businesses and small business consortia may elect to pay the full amount of their winning bids in Commission auctions commencing prior to January 1, 2004 for BTA service areas in installments over a ten (10) year period running from the date that their BTA authorizations are issued. ( 1 ) Upon issuance of a BTA authorization to a winning bidder in a Commission auction commencing prior to January 1, 2004 that is eligible for installment payments, the Commission will notify such eligible BTA authorization holder of the terms of its installment payment plan. For BRS, such installment payment plans will: ( i ) Impose interest based on the rate of ten (10) year U.S. Treasury obligations at the time of issuance of the BTA authorization, plus two and one half (2.5) percent; ( ii ) Allow installment payments for a ten (10) year period running from the date that the BTA authorization is issued; ( iii ) Begin with interest-only payments for the first two (2) years; and ( iv ) Amortize principal and interest over the remaining years of the ten (10) year period running from the date that the BTA authorization is issued. ( 2 ) Conditions and obligations. See § 1.2110(g)(4) of this chapter . ( 3 ) Unjust enrichment. If an eligible BTA authorization holder that utilizes installment financing under this subsection seeks to partition, pursuant to applicable rules, a portion of its BTA containing one-third or more of the population of the area within its control in the licensed BTA to an entity not meeting the eligibility standards for installment payments, the holder must make full payment of the remaining unpaid principal and any unpaid interest accrued through the date of partition as a condition of approval. ( d ) Reduced upfront payments. For purposes of Commission auctions commencing prior to January 1, 2004 for BRS licenses, a prospective bidder that qualifies as a small business, or as a small business consortia, is eligible for a twenty-five (25) percent reduction in the amount of the upfront payment otherwise required. To be eligible to bid on a particular BTA, a small business will be required to submit an upfront payment equal to seventy-five (75) percent of the upfront payment amount specified for that BTA in the public notice listing the upfront payment amounts corresponding to each BTA service area being auctioned. ( e ) Bidding credits. For purposes of Commission auctions commencing prior to January 1, 2004 for BRS licenses, a winning bidder that qualifies as a small business, or as a small business consortia, may use a bidding credit of fifteen (15) percent to lower the cost of its winning bid on any of the BTA authorizations awarded in the Commission BRS auctions commencing prior to January 1, 2004. ( f ) Short-form application certification; Long-form application or statement of intention disclosure. A BRS applicant in a Commission auction commencing prior to January 1, 2004 claiming designated entity status shall certify on its short-form application that it is eligible for the incentives claimed. A designated entity that is a winning bidder for a BTA service area(s) shall, in addition to information otherwise required, file an exhibit to either its initial long-form application for a BRS station license, or to its statement of intention with regard to the BTA, which discloses the gross revenues for each of the past three years of the winning bidder and its affiliates. This exhibit shall describe how the winning bidder claiming status as a designated entity satisfies the designated entity eligibility requirements, and must list and summarize all agreements that affect designated entity status, such as partnership agreements, shareholder agreements, management agreements and other agreements, including oral agreements, which establish that the designated entity will have both de facto and de jure control of the entity. See 47 CFR 1.2110(i) . ( g ) Records maintenance. All holders of BTA authorizations acquired in a Commission auction commencing prior to January 1, 2004 that claim designated entity status shall maintain, at their principal place of business or with their designated agent, an updated documentary file of ownership and revenue information necessary to establish their status. Holders of BTA authorizations or their successors in interest shall maintain such files for a ten (10) year period running from the date that their BTA authorizations are issued. The files must be made available to the Commission upon request. [ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35190 , June 19, 2006] § 27.1214 EBS grandfathered leases. All leases of current EBS spectrum entered into prior to January 10, 2005 and in compliance with leasing rules contained in 47 CFR part 74 , revised as of October 1, 2004, may continue in force and effect, notwithstanding any inconsistency between such leases and the rules applicable to spectrum leasing arrangements set forth in this chapter. Such leases entered into pursuant to the rules formerly contained in 47 CFR part 74 may be renewed and assigned in accordance with the terms of such lease. All spectrum leasing arrangements leases entered into after January 10, 2005, under the rules set forth in part 1 of this chapter and this part, must comply with the rules in those parts. [ 84 FR 57366 , Oct. 25, 2019] § 27.1215 BRS grandfathered leases. ( a ) All leases of current BRS spectrum entered into prior to January 10, 2005 and in compliance with rules formerly contained in part 21 of this chapter may continue in force and effect, notwithstanding any inconsistency between such leases and the rules applicable to spectrum leasing arrangements set forth in this chapter. Such leases entered into pursuant to the former part 21 of this chapter may be renewed and assigned in accordance with the terms of such lease. All spectrum leasing arrangements leases entered into after January 10, 2005, pursuant to the rules set forth in part 1 and part 27 of this chapter must comply with the rules in those parts. § 27.1216 Grandfathered E and F group EBS licenses. ( a ) Except as noted in paragraph (b) of this section, grandfathered EBS licensees authorized to operate E and F group co-channel licenses are granted a geographic service area (GSA) on July 19, 2006. The GSA is the area bounded by a circle having a 35 mile radius and centered at the station's reference coordinates, and is bounded by the chord(s) drawn between intersection points of that circle and those of respective adjacent market, co-channel licensees. ( b ) If there is more than 50 percent overlap between the calculated GSA of a grandfathered EBS license and the protected service area of a co-channel BRS license, the licensees shall not be immediately granted a geographic service area. Instead, the grandfathered EBS license and the co-channel BRS licensee must negotiate in good faith to reach a solution that accommodates the communication needs of both licensees. If the co-channel licensees reach a mutually agreeable solution on or before October 17, 2006, then the GSA of each co-channel license shall be as determined pursuant to the agreement of the parties. If a mutually agreeable solution between co-channel licensees is not reached on or before October 17, 2006, then each co-channel licensee shall receive a GSA determined pursuant to paragraph (a) of this section and § 27.1206(a) . [ 71 FR 35191 , June 16, 2006] § 27.1217 Competitive bidding procedures for the Broadband Radio Service and the Educational Broadband Service. Mutually exclusive initial applications for BRS and EBS licenses are subject to competitive bidding. For BRS auctions, the designated entity provisions of § 27.1218 apply. For EBS auctions, the designated entity provisions of § 27.1219 apply. The general competitive bidding procedures set forth in part 1, subpart Q, of this chapter apply unless otherwise provided in this subpart. [ 84 FR 57366 , Oct. 25, 2019] § 27.1218 Broadband Radio Service designated entity provisions. ( a ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with all attributed parties, has average gross revenues that are not more than $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with all attributed parties, has average gross revenues that are not more than $15 million for the preceding three years. ( 3 ) An entrepreneur is an entity that, together with all attributed parties, has average gross revenues that are not more than $3 million for the preceding three years. ( b ) Bidding credits. ( 1 ) A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses, may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(iii) of this chapter , to lower the cost of its winning bid on any of the licenses in this subpart. ( 2 ) A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses, may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(ii) of this chapter , to lower the cost of its winning bid on any of the licenses in this subpart. ( 3 ) A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs, may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i) of this chapter , to lower the cost of its winning bid on any of the licenses in this subpart. [ 73 FR 26041 , May 8, 2008] § 27.1219 Educational Broadband Service designated entity provisions. ( a ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $55 million for the preceding five (5) years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $20 million for the preceding five (5) years. ( b ) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i)(C) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(i)(B) of this chapter . ( c ) Rural service provider credit. A rural service provider, as defined in § 1.2110(f)(4) of this chapter , who has not claimed a small business bidding credit may use a bidding credit of 15 percent bidding credit, as specified in § 1.2110(f)(4)(i) of this chapter . [ 84 FR 57366 , Oct. 25, 2019; 84 FR 64209 , Nov. 21, 2019] Technical Standards § 27.1220 Transmission standards. The 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 MHz. The width of all channels in the MBS is 6 MHz. However, the licensee may subchannelize its authorized bandwidth, provided that digital modulation is employed and the aggregate power does not exceed the authorized power for the channel. The licensee may also, jointly with other licensees, transmit utilizing bandwidth in excess of its authorized bandwidth, provided that digital modulation is employed, all power spectral density requirements set forth in this part are met and the out-of-band emissions restrictions set forth in § 27.53 are met at the edges of the channels employed. § 27.1221 Interference protection. ( a ) Interference protection will be afforded to BRS and EBS on a station-by-station basis based on the heights of the stations in the LBS and UBS and also on height benchmarking, although the heights of antennas utilized are not restricted. ( b ) Height benchmarking. Height benchmarking is defined for pairs of base stations, one in each of two proximate geographic service areas (GSAs). The height benchmark, which is defined in meters (hb m ) for a particular base station relative to a base station in another GSA, is equal to the distance, in kilometers, from the base station along a radial to the nearest point on the GSA boundary of the other base station squared (D km 2 ) and then divided by 17. That is, hb ( m ) = D km 2 /17. A base station antenna will be considered to be within its applicable height benchmark relative to another base station if the height in meters of its centerline of radiation above average elevation (HAAE) calculated along the straight line between the two base stations in accordance with § 24.53(b) and (c) of this chapter does not exceed the height benchmark (hb m ). A base station antenna will be considered to exceed its applicable height benchmark relative to another base station if the HAAE of its centerline of radiation calculated along the straight line between the two base stations in accordance with § 24.53(b) and (c) of this chapter exceeds the height benchmark (hb m ). ( c ) Protection for receiving antennas not exceeding the height benchmark. Absent agreement between the two licensees to the contrary, if a transmitting antenna of one BRS/EBS licensee's base station exceeds its applicable height benchmark and such licensee is notified by another BRS/EBS licensee that it is generating an undesired signal level in excess of −107 dBm/5.5 megahertz at the receiver of a co-channel base station that is within its applicable height benchmark, then the licensee of the base station that exceeds its applicable height benchmark shall either limit the undesired signal at the receiver of the protected base station to −107dBm/5.5 megahertz or less or reduce the height of its transmission antenna to no more than the height benchmark. If the interfering base station has been modified to increase the EIRP transmitted in the direction of the protected base station, it shall be deemed to have commenced operations on the date of such modification. Such corrective action shall be completed no later than: ( i ) 24 hours after receiving such notification, if the base station that exceeds its height benchmark commenced operations after the station that is within its applicable height benchmark; or ( ii ) 90 days after receiving such notification, if the base station that exceeds its height commenced operations prior to the station that is within its applicable height benchmark. For purposes of this section, if the interfering base station has been modified to increase the EIRP transmitted in the direction of the victim base station, it shall be deemed to have commenced operations on the date of such modification. ( d ) No Protection from a transmitting antenna not exceeding the height benchmark. The licensee of a base station transmitting antenna less than or equal to its applicable height benchmark shall not be required pursuant to paragraph (c) of this section to limit that antennas undesired signal level to −107dBm/5.5 megahertz or less at the receiver of any co-channel base station. ( e ) No protection for a receiving-antenna exceeding the height benchmark. The licensee of a base station receive antenna that exceeds its applicable height benchmark shall not be entitled pursuant to paragraph (c) of this section to insist that any co-channel base station limit its undesired signal level to −107dBm/5.5 megahertz or less at the receiver. ( f ) Information exchange. A BRS/EBS licensee shall provide the geographic coordinates, the height above ground level of the center of radiation for each transmit and receive antenna, and the date transmissions commenced for each of the base stations in its GSA within 30 days of receipt of a request from a co-channel BRS/EBS licensee with an operational base station located in a proximate GSA. Information shared pursuant to this section shall not be disclosed to other parties except as required to ensure compliance with this section. [ 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] § 27.1222 Operations in the 2568-2572 and 2614-2618 bands. All operations in the 2568-2572 and 2614-2618 MHz bands shall be secondary to adjacent-channel operations. Stations operating in the 2568-2572 and 2614-2618 MHz must not cause interference to licensees in operation in the LBS, MBS, and UBS and must accept any interference from any station operating in the LBS, MBS, and UBS in compliance with the rules established in this subpart. Stations operating in the 2568-2572 and 2614-2618 bands may cause interference to stations in operation in the LBS, MBS, and UBS if the affected licensees consent to such interference. Relocation Procedures for the 2150-2160/62 MHz Band Source: Sections 27.1250 through 27.1255 appear at 71 FR 29840 , May 24, 2006, unless otherwise noted. § 27.1250 Transition of the 2150-2160/62 MHz band from the Broadband Radio Service to the Advanced Wireless Service. The 2150-2160/62 MHz band has been allocated for use by the Advanced Wireless Service (AWS). The rules in this section provide for a transition period during which AWS licensees may relocate existing Broadband Radio Service (BRS) licensees using these frequencies to their assigned frequencies in the 2496-2690 MHz band or other media. ( a ) AWS licensees and BRS licensees shall engage in mandatory negotiations for the purpose of agreeing to terms under which the BRS licensees would: ( 1 ) Relocate their operations to other frequency bands or other media; or alternatively ( 2 ) Accept a sharing arrangement with the AWS licensee that may result in an otherwise impermissible level of interference to the BRS operations. ( b ) If no agreement is reached during the mandatory negotiation period, an AWS licensee may initiate involuntary relocation procedures. Under involuntary relocation, the incumbent is required to relocate, provided that the AWS licensee meets the conditions of § 27.1252 . ( c ) Relocation of BRS licensees by AWS licensees will be subject to a three-year mandatory negotiation period. BRS licensees may suspend the running of the three-year negotiation period for up to one year if the BRS licensee cannot be relocated to comparable facilities at the time the AWS licensee seeks entry into the band. § 27.1251 Mandatory negotiations. ( a ) Once mandatory negotiations have begun, a BRS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. The BRS licensee is required to cooperate with an AWS licensee's request to provide access to the facilities to be relocated, other than the BRS customer location, so that an independent third party can examine the BRS system and prepare an appraisal of the costs to relocate the incumbent. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors: ( 1 ) Whether the AWS licensee has made a bona fide offer to relocate the BRS licensee to comparable facilities in accordance with § 27.1252(b) ; ( 2 ) If the BRS licensee has demanded a premium, the type of premium requested ( e.g. , whether the premium is directly related to relocation, such as analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate ( i.e. , whether there is a lack of proportion or relation between the two); ( 3 ) What steps the parties have taken to determine the actual cost of relocation to comparable facilities; ( 4 ) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process. ( b ) Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee. ( c ) Mandatory negotiations will commence for each BRS licensee when the AWS licensee informs the BRS licensee in writing of its desire to negotiate. Mandatory negotiations will be conducted with the goal of providing the BRS licensee with comparable facilities, defined as facilities possessing the following characteristics: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. System is defined as a base station and all end user units served by that base station. If analog facilities are being replaced with analog, comparable facilities may provide a comparable number of channels. If digital facilities are being replaced with digital, comparable facilities provide equivalent data loading bits per second (bps). ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. Comparable facilities provide reliability equal to the overall reliability of the BRS system. For digital systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital video transmission, it is measured by whether the end-to-end transmission delay is within the required delay bound. If an analog system is replaced with a digital system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. ( 3 ) Operating Costs. Operating costs are the cost to operate and maintain the BRS system. AWS licensees would compensate BRS licensees for any increased recurring costs associated with the replacement facilities ( e.g. , additional rental payments, and increased utility fees) for five years after relocation. AWS licensees could satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the BRS licensee would be equivalent to the replaced system in order for the replacement system to be comparable. ( d ) AWS licensees are responsible for the relocation costs of end user units served by the BRS base station that is being relocated. If a lessee is operating under a BRS license, the BRS licensee may rely on the throughput, reliability, and operating costs of facilities in use by a lessee in negotiating comparable facilities and may include the lessee in negotiations. § 27.1252 Involuntary relocation procedures. ( a ) If no agreement is reached during the mandatory negotiation period, an AWS licensee may initiate involuntary relocation procedures under the Commission's rules. AWS licensees are obligated to pay to relocate BRS systems to which the AWS system poses an interference problem. Under involuntary relocation, the BRS licensee is required to relocate, provided that the AWS licensee: ( 1 ) Guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the BRS licensee that are directly attributable to an involuntary relocation, subject to a cap of two percent of the “hard” costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. There is no cap on the actual costs of relocation. AWS licensees are not required to pay BRS licensees for internal resources devoted to the relocation process. AWS licensees are not required to pay for transaction costs incurred by BRS licensees during the mandatory period once the involuntary period is initiated, or for fees that cannot be legitimately tied to the provision of comparable facilities; and ( 2 ) Completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave frequencies and frequency coordination. ( b ) Comparable facilities. The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing BRS system with respect to the following three factors: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. System is defined as a base station and all end user units served by that base station. If analog facilities are being replaced with analog, the AWS licensee is required to provide the BRS licensee with a comparable number of channels. If digital facilities are being replaced with digital, the AWS licensee must provide the BRS licensee with equivalent data loading bits per second (bps). AWS licensees must provide BRS licensees with enough throughput to satisfy the BRS licensee's system use at the time of relocation, not match the total capacity of the BRS system. ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. AWS licensees must provide BRS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital video transmissions, it is measured by whether the end-to-end transmission delay is within the required delay bound. ( 3 ) Operating costs. Operating costs are the cost to operate and maintain the BRS system. AWS licensees must compensate BRS licensees for any increased recurring costs associated with the replacement facilities ( e.g. , additional rental payments, increased utility fees) for five years after relocation. AWS licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the BRS licensee must be equivalent to the replaced system in order for the replacement system to be considered comparable. ( c ) AWS licensees are responsible for the relocation costs of end user units served by the BRS base station that is being relocated. If a lessee is operating under a BRS license, the AWS licensee shall on the throughput, reliability, and operating costs of facilities in use by a lessee at the time of relocation in determining comparable facilities for involuntary relocation purposes. ( d ) Twelve-month trial period. If, within one year after the relocation to new facilities, the BRS licensee demonstrates that the new facilities are not comparable to the former facilities, the AWS licensee must remedy the defects or pay to relocate the BRS licensee to one of the following: Its former or equivalent 2 GHz channels, another comparable frequency band, a land-line system, or any other facility that satisfies the requirements specified in paragraph (b) of this section. This trial period commences on the date that the BRS licensee begins full operation of the replacement system. If the BRS licensee has retained its 2 GHz authorization during the trial period, it must return the license to the Commission at the end of the twelve months. § 27.1253 Sunset provisions. ( a ) BRS licensees will maintain primary status in the 2150-2160/62 MHz band unless and until an AWS licensee requires use of the spectrum. AWS licensees are not required to pay relocation costs after the relocation rules sunset ( i.e. fifteen years from the date the first AWS license is issued in the band). Once the relocation rules sunset, an AWS licensee may require the incumbent to cease operations, provided that the AWS licensee intends to turn on a system within interference range of the incumbent, as determined by § 27.1255 . AWS licensee notification to the affected BRS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the BRS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the BRS licensee to continue to operate on a mutually agreed upon basis. ( b ) If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that: ( 1 ) It cannot relocate within the six-month period ( e.g. , because no alternative spectrum or other reasonable option is available); and ( 2 ) The public interest would be harmed if the incumbent is forced to terminate operations. § 27.1254 Eligibility. ( a ) BRS licensees with primary status in the 2150-2162 MHz band as of June 23, 2006, will be eligible for relocation insofar as they have facilities that are constructed and in use as of this date. ( b ) Future licensing and modifications. After June 23, 2006, all major modifications to existing BRS systems in use in the 2150-2160/62 MHz band will be authorized on a secondary basis to AWS systems, unless the incumbent affirmatively justifies primary status and the incumbent BRS licensee establishes that the modification would not add to the relocation costs of AWS licensees. Major modifications include the following: ( 1 ) Additions of new transmit sites or base stations made after June 23, 2006; ( 2 ) Changes to existing facilities made after June 23, 2006, that would increase the size or coverage of the service area, or interference potential, and that would also increase the throughput of an existing system ( e.g. , sector splits in the antenna system). Modifications to fully utilize the existing throughput of existing facilities ( e.g. , to add customers) will not be considered major modifications even if such changes increase the size or coverage of the service area, or interference potential. § 27.1255 Relocation criteria for Broadband Radio Service licensees in the 2150-2160/62 MHz band. ( a ) An AWS licensee in the 2150-2160/62 MHz band, prior to initiating operations from any base or fixed station that is co-channel to the 2150-2160/62 MHz band, must relocate any incumbent BRS system that is within the line of sight of the AWS licensee's base or fixed station. For purposes of this section, a determination of whether an AWS facility is within the line of sight of a BRS system will be made as follows: ( 1 ) For a BRS system using the 2150-2160/62 MHz band exclusively to provide one-way transmissions to subscribers, the AWS licensee will determine whether there is an unobstructed signal path (line of sight) to the incumbent licensee's geographic service area (GSA), based on the following criteria: use of 9.1 meters (30 feet) for the receiving antenna height, use of the actual transmitting antenna height and terrain elevation, and assumption of 4/3 Earth radius propagation conditions. Terrain elevation data must be obtained from the U.S. Geological Survey (USGS) 3-second database. All coordinates used in carrying out the required analysis shall be based upon use of NAD-83. ( 2 ) For all other BRS systems using the 2150-2160/62 MHz band, the AWS licensee will determine whether there is an unobstructed signal path (line of sight) to the incumbent licensee's receive station hub using the method prescribed in “Methods for Predicting Interference from Response Station Transmitters and to Response Station Hubs and for Supplying Data on Response Station Systems. MM Docket 97-217,” in Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order on Further Reconsideration and Further Notice of Proposed Rulemaking, 15 FCC Rcd 14566 at 14610, Appendix D. ( b ) Any AWS licensee in the 2110-2180 MHz band that causes actual and demonstrable interference to a BRS licensee in the 2150-2160/62 MHz band must take steps to eliminate the harmful interference, up to and including relocation of the BRS licensee, regardless of whether it would be required to do so under paragraph (a) , of this section. Subpart N—600 MHz Band Source: 79 FR 48539 , Aug. 15, 2014, unless otherwise noted. Competitive Bidding Provisions § 27.1300 600 MHz band subject to competitive bidding. As required by section 6403(c) of the Spectrum Act, applications for 600 MHz band initial licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless otherwise provided in this subpart. § 27.1301 Designated entities in the 600 MHz band. ( a ) Small business. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $55 million for the preceding three (3) years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $20 million for the preceding three ( 3 ) years. ( b ) Eligible rural service provider. For purposes of this section, an eligible rural service provider is an entity that meets the criteria specified in § 1.2110(f)(4) of this chapter . ( c ) Bidding credits. ( 1 ) A winning bidder that qualifies as a small business as defined in this section or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(i)(C) of this chapter . A winning bidder that qualifies as a very small business as defined in this section or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i)(B) of this chapter . ( 2 ) An entity that qualifies as eligible rural service provider or a consortium of rural service providers may use the bidding credit specified in § 1.2110(f)(4) of this chapter . [ 80 FR 56817 , Sept. 18, 2015] Coordination/Notification Requirements § 27.1320 Notification to white space database administrators. To receive interference protection, 600 MHz licensees shall notify one of the white space database administrators of the areas where they have commenced operation pursuant to §§ 15.713(j)(10) and 15.715(n) of this chapter . [ 80 FR 73085 , Nov. 23, 2015] § 27.1321 Requirements for operation of base and fixed stations in the 600 MHz downlink band in close proximity to Radio Astronomy Observatories. ( a ) Licensees must make reasonable efforts to protect the radio astronomy observatory at Green Bank, WV, Arecibo, PR, and those identified in § 15.712(h)(3) of this chapter as part of the Very Long Baseline Array (VLBA) from interference. ( b ) 600 MHz band base and fixed stations in the 600 MHz downlink band within 25 kilometers of VLBA observatories are subject to coordination with the National Science Foundation (NSF) prior to commencing operations. The appropriate NSF contact point to initiate coordination is: Division of Astronomical Sciences, Electromagnetic Spectrum Management Unit, 2415 Eisenhower Avenue, Alexandria, VA 22314; Email: esm@nsf.gov . ( c ) Any licensee that intends to operate base and fixed stations in the 600 MHz downlink band in locations near the Radio Astronomy Observatory site located in Green Bank, Pocahontas County, West Virginia, or near the Arecibo Observatory in Puerto Rico, must comply with the provisions in § 1.924 of this chapter . [ 79 FR 48538 , Aug. 15, 2014. Redesignated at 81 FR 4975 , Jan. 29, 2016; 85 FR 38740 , June 26, 2020] Subpart O—3.7 GHz Service (3700-3980 MHz) Source: 85 FR 22882 , Apr. 23, 2020, unless otherwise noted. § 27.1401 Licenses in the 3.7 GHz Service are subject to competitive bidding. Mutually exclusive initial applications for licenses in the 3.7 GHz Service are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q , will apply unless otherwise provided in this subpart. § 27.1402 Designated entities in the 3.7 GHz Service. ( a ) Eligibility for small business provisions — ( 1 ) Definitions — ( i ) Small business. A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $55 million for the preceding five (5) years. ( ii ) Very small business. A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $20 million for the preceding five (5) years. ( 2 ) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of such small businesses as provided in § 1.2110(c)(6) of this chapter , may use a bidding credit of 15 percent, subject to the cap specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of such very small businesses as provided in § 1.2110(c)(6) of this chapter , may use a bidding credit of 25 percent, subject to the cap specified in § 1.2110(f)(2)(ii) of this chapter . ( b ) Eligibility for rural service provider bidding credit. A rural service provider, as defined in § 1.2110(f)(4)(i) of this chapter , that has not claimed a small business bidding credit may use the bidding credit of 15 percent specified in § 1.2110(f)(4) of this chapter . § 27.1411 Transition of the 3700-3980 MHz band to the 3.7 GHz Service. ( a ) Transition of the 3700-3798 MHz Band. The 3700-3980 MHz band is being transitioned in the lower 48 contiguous states and the District of Columbia from geostationary satellite orbit (GSO) fixed-satellite service (space-to-Earth) and fixed service operations to the 3.7 GHz Service. ( b ) Definitions — ( 1 ) Incumbent space station operator. An incumbent space station operator is defined as a space station operator authorized to provide C-band service to any part of the contiguous United States pursuant to an FCC-issued license or grant of market access as of June 21, 2018. ( 2 ) Eligible space station operator. For purposes of determining eligibility to receive reimbursement for relocation costs incurred as a result of the transition of FSS operations to the 4000-4200 MHz band, an eligible space station operators may receive reimbursement for relocation costs incurred as a result of the transition of FSS operations to the 4000-4200 MHz band. An eligible space station operator is defined as an incumbent space station operator that has demonstrated as of February 1, 2020, that it has an existing relationship to provide service via C-band satellite transmission to one or more incumbent earth stations in the contiguous United States. Such existing relationships may be directly with the incumbent earth station, or indirectly through content distributors or other entities, so long as the relationship requires the provision of C-band satellite services to one or more specific incumbent earth stations in the contiguous United States. ( 3 ) Incumbent earth station. An incumbent earth station for this subpart is defined as an earth station that is entitled to interference protection pursuant to § 25.138(c) of this chapter . An incumbent earth station must transition above 4000 MHz pursuant to this subpart. An incumbent earth station will be able to continue receiving uninterrupted service both during and after the transition. ( 4 ) Earth station migration. Earth station migration includes any necessary changes that allow the uninterrupted reception of service by an incumbent earth station on new frequencies in the upper portion of the band, including, but not limited to retuning and repointing antennas, “dual illumination” during which the same programming is simultaneously downlinked over the original and new frequencies, and the installation of new equipment or software at earth station uplink and/or downlink locations for customers identified for technology upgrades necessary to facilitate the repack, such as compression technology or modulation. ( 5 ) Earth station filtering. A passband filter must be installed at the site of each incumbent earth station at the same time or after it has been migrated to new frequencies to block signals from adjacent channels and to prevent harmful interference from licensees in the 3.7 GHz Service. Earth station filtering can occur either simultaneously with, or after, the earth station migration, or can occur at any point after the earth station migration so long as all affected earth stations in a given Partial Economic Area and surrounding areas are filtered prior to a licensee in the 3.7 GHz Service commencing operations. ( 6 ) Contiguous United States (CONUS). For the purposes of the rules established in this subpart, contiguous United States consists of the contiguous 48 states and the District of Columbia as defined by Partial Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411, which includes areas within 12 nautical miles of the U.S. Gulf coastline ( see § 27.6(m) ). In this context, the rest of the United States includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau, Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and the Gulf of Mexico PEAs. ( 7 ) Relocation Payment Clearinghouse. A Relocation Payment Clearinghouse is a neutral, independent third-party to administer the cost management for the transition of the 3700-4000 MHz band from the Fixed Satellite Service and Fixed Service to the 3.7 GHz Service. ( 8 ) Relocation Coordinator. A Relocation Coordinator is a third party that will ensure that all incumbent space station operators are relocating in a timely matter, and that is selected consistent with § 27.1413 . The Relocation Coordinator will have technical experience in understanding and working on earth stations and will manage the migration and filtering of incumbent earth stations of eligible space station operators that decline accelerated relocation payment. § 27.1412 Transition Plan. ( a ) Relocation deadlines. Eligible space station operators are responsible for all necessary actions to clear their transponders from the 3700-4000 MHz band ( e.g., launching new satellites, reprogramming transponders, exchanging customers) and to migrate the existing services of incumbent earth stations in CONUS to the 4000-4200 MHz band (unless the incumbent earth station opts out of the formal relocation process, per paragraph (e) of this section), as of December 5, 2025. Eligible space station operators that fail to do so will be in violation of the conditions of their license authorization and potentially subject to forfeitures and other sanctions. ( b ) Accelerated relocation deadlines. An eligible space station operator shall qualify for accelerated relocation payments by completing an early transition of the band to the 3.7 GHz Service. ( 1 ) Phase I deadline. An eligible space station operator shall receive an accelerated relocation payment if it clears its transponders from the 3700-3820 MHz band and migrates all associated incumbent earth stations in CONUS above 3820 MHz no later than December 5, 2021 (Phase I deadline). To satisfy the Phase I deadline, an eligible space station operator must also provide passband filters to block signals from the 3700-3820 MHz band on all associated incumbent earth stations in PEAs 1-4, 6-10, 12-19, 21-41, and 43-50 no later than December 5, 2021 (see § 27.6(m) ). If an eligible space station operator receives an accelerated relocation payment for meeting this deadline, it must also satisfy the second early clearing deadline of December 5, 2023. ( 2 ) Phase II deadline. An eligible space station operator shall receive an accelerated relocation payment if it clears its transponders from the 3700-4000 MHz band and migrates incumbent earth stations in CONUS above 4000 MHz no later than December 5, 2023 (Phase II deadline). To satisfy the Phase II deadline, an eligible space station operator must also provide passband filters on all associated incumbent earth stations in CONUS no later than December 5, 2023. ( 3 ) Transition delays. An eligible space station operator shall not be held responsible for circumstances beyond their control related to earth station migration or filtering. ( i ) An eligible space station operator must submit a notice of any incumbent earth station transition delays to the Wireless Telecommunications Bureau within 7 days of discovering an inability to accomplish the assigned earth station transition task. Such a request must include supporting documentation to allow for resolution as soon as practicable and must be submitted before the accelerated relocation deadlines. ( ii ) [Reserved] ( 4 ) Responsibility for meeting accelerated relocation deadlines. An eligible space station operator's satisfaction of the accelerated relocation deadlines shall be determined on an individual basis. ( c ) Accelerated relocation election. An eligible space station operator may elect to receive accelerated relocation payments to transition the 3700-4000 MHz band to the 3.7 GHz Service according to the Phase I and Phase II deadlines via a written commitment by filing an accelerated relocation election in GN Docket No. 18-122 no later than May 29, 2020. ( 1 ) The Wireless Telecommunications Bureau will prescribe the precise form of such election via Public Notice no later than May 12, 2020. ( 2 ) Each eligible space station operator that that makes an accelerated relocation election will be required, as part of its filing of this accelerated relocation election, to commit to paying the administrative costs of the Clearinghouse until the Commission awards licenses to the winning bidders in the auction, at which time those administrative costs will be repaid to those space station operators. ( d ) Transition Plan. Eligible space station operators must file with the Commission in GN Docket No. 18-122 no later than June 12, 2020, a Transition Plan that describes the actions that must be taken to clear transponders on space stations and to migrate and filter earth stations. Eligible space station operators must make any necessary updates or resolve any deficiencies in their individual Transition Plans by August 14, 2020. ( 1 ) The Transition Plan must detail the eligible space station operator's individual timeline and necessary actions for clearing its transponders from the 3700-4000 MHz band, including: ( i ) All existing space stations with operations that will need to be transitioned to operations above 4000 MHz; ( ii ) The number of new satellites, if any, that the space station operator will need to launch in order to maintain sufficient capacity post-transition, including detailed descriptions of why such new satellites are necessary; ( iii ) The specific grooming plan for migrating existing services above 4000 MHz, including the pre- and post-transition frequencies that each customer will occupy; ( iv ) Any necessary technology upgrades or other solutions, such as video compression or modulation, that the space station operator intends to implement; ( v ) The number and location of incumbent earth stations antennas currently receiving the space station operator's transmissions that will need to be transitioned above 4000 MHz; ( vi ) An estimate of the number and location of incumbent earth station antennas that will require retuning and/or repointing in order to receive content on new transponder frequencies post-transition; and ( vii ) The specific timeline by which the space station operator will implement the actions described in its plan including any commitments to satisfy an early clearing. ( 2 ) To the extent that incumbent earth stations are not accounted for in eligible space station operators' Transition Plans, the Relocation Coordinator must prepare an Earth Station Transition Plan for such incumbent earth stations and may require each associated space station operator to file the information needed for such a plan with the Relocation Coordinator. ( i ) Where space station operators do not elect to clear by the accelerated relocation deadlines and therefore are not responsible for earth station relocation, the Earth Station Transition Plan must provide timelines that ensure all earth station relocation is completed no later than the relocation deadline. ( ii ) The Relocation Coordinator will describe and recommend the respective responsibility of each party for earth station migration and filtering obligations in the Earth Station Transition Plan and assist incumbent earth stations in transitioning including, for example, by installing filters or hiring a third party to install such filters to the extent necessary. ( e ) Incumbent earth station opt-out. An incumbent earth station within the contiguous United States may opt out of the formal relocation process and accept a lump sum payment equal to the estimated reasonable transition costs of earth station migration and filtering, as determined by the Wireless Telecommunications Bureau, in lieu of actual relocation costs. Such an incumbent earth station is responsible for coordinating with the relevant space station operator as necessary and performing all relocation actions on its own, including switching to alternative transmission mechanisms such as fiber, and it will not receive further reimbursement for any costs exceeding the lump sum payment. An incumbent earth station electing to opt out must inform the appropriate space station operator(s) and the Relocation Coordinator that earth station migration and filtering will not be necessary for the relevant earth station site and must coordinate with operators to avoid any disruption of video and radio programming. ( f ) Space station status reports. On a quarterly basis, beginning December 31, 2020: Each eligible space station operator must provide a status report of its clearing efforts. Eligible space station operators may file joint status reports. ( g ) Certification of accelerated relocation. Each eligible space station operator must file a timely certification that it has completed the necessary clearing actions to satisfy each accelerated relocation deadline. The certification must be filed once the eligible space station operator completes its obligations but no later than the applicable accelerated relocation deadline. The Wireless Telecommunication Bureau will prescribe the form of such certification. ( 1 ) The Bureau, Clearinghouse, and relevant stakeholders will have the opportunity to review the certification of accelerated relocation and identify potential deficiencies. The Wireless Telecommunications Bureau will prescribe the form of any challenges by relevant stakeholders as to the validity of the certification and will establish the process for how such challenges will impact the incremental decreases in the accelerated relocation payment as set- forth in § 27.1422(d) . ( 2 ) If credible challenges as to the space station operator's satisfaction of the relevant deadline are made, the Bureau will issue a public notice identifying such challenges and will render a final decision as to the validity of the certification no later than 60 days from its filing. Absent notice from the Bureau of any such deficiencies within 30 days of the filing of the certification, the certification of accelerated relocation will be deemed validated. ( h ) Delegated authority. The Wireless Telecommunications Bureau is delegated the role of providing clarifications or interpretations to eligible space station operators of the Commission's orders for all aspects of the transition. § 27.1413 Relocation Coordinator. ( a ) Search committee. If eligible space station operators elect to receive accelerated relocation payments no later than May 29, 2020, so that a supermajority (80%) of accelerated relocation payments are accepted, each such electing eligible space station operator shall be eligible to appoint one member to a search committee that will seek proposals for a third-party with technical experience in understanding and working on earth stations to serve as a Relocation Coordinator and to manage the migration and filtering of incumbent earth stations of eligible space station operators that decline accelerated relocation payment. ( 1 ) The search committee should proceed by consensus; however, if a vote on selection of a Relocation Coordinator is required, it shall be by a supermajority (80%). ( i ) The search committee shall notify the Commission of its choice of Relocation Coordinator. ( ii ) The Wireless Telecommunications Bureau shall issue a Public Notice inviting comment on whether the entity selected satisfies the criteria established in paragraph (b) of this section and issue a final order announcing whether the criteria has been satisfied; ( iii ) Should the Wireless Telecommunications Bureau be unable to find the criteria have been satisfied, the selection process will start over and the search committee will submit a new proposed entity. ( 2 ) If eligible space station operators select a Relocation Coordinator, they shall be responsible for paying its costs. ( 3 ) In the event that the search committee fails to select a Relocation Coordinator and to notify the Commission by July 31, 2020, or in the case that at least 80% of accelerated relocation payments are not accepted (and thus accelerated relocation is not triggered): ( i ) The search committee will be dissolved without further action by the Commission. ( ii ) The Commission will initiate a procurement of a Relocation Coordinator to facilitate the transition. Specifically, the Office of the Managing Director will initiate the procurement, and the Wireless Telecommunications Bureau will take all other necessary actions to meet the accelerated relocation deadlines (to the extent applicable to any given operator) and the relocation deadline. ( iii ) In the case that the Wireless Telecommunications Bureau selects the Relocation Coordinator, overlay licensees will, collectively, pay for the services of the Relocation Coordinator and staff. The Relocation Coordinator shall submit its own reasonable costs to the Relocation Clearinghouse, who will then collect payments from overlay licensees. It shall also provide additional financial information as requested by the Bureau to satisfy the Commission's oversight responsibilities and/or agency specific/government-wide reporting obligations. ( b ) Relocation Coordinator criteria. The Relocation Coordinator must be able to demonstrate that it has the requisite expertise to perform the duties required, which will include: ( 1 ) Coordinating the schedule for clearing the band; ( 2 ) Performing engineering analysis, as necessary to determine necessary earth station migration actions; ( 3 ) Assigning obligations, as necessary, for earth station migrations and filtering; ( 4 ) Coordinating with overlay licensees throughout the transition process; ( 5 ) Assessing the completion of the transition in each PEA and determining overlay licensees' ability to commence operations; and ( 6 ) Mediating scheduling disputes. ( c ) Relocation Coordinator duties. The Relocation Coordinator shall: ( 1 ) Establish a timeline and take actions necessary to migrate and filter incumbent earth stations to ensure uninterrupted service during and following the transition. ( 2 ) Review the Transition Plans filed by all eligible space station operators and recommend any changes to those plans to the Commission to the extent needed to ensure a timely transition. ( 3 ) To the extent that incumbent earth stations are not accounted for in eligible space station operators' Transition Plans, the Relocation Coordinator must include those incumbent earth stations in an Earth Station Transition Plan. ( i ) May require each associated space station operator to file the information needed for such a plan with the Relocation Coordinator. ( ii ) Will describe and recommend the respective responsibility of each party for earth station migration obligations in the Earth Station Transition Plan and assist incumbent earth stations in transitioning including, for example, by installing filters or hiring a third party to install such filters to the extent necessary. ( 4 ) Coordinate its operations with overlay licensees. ( 5 ) Be responsible for receiving notice from earth station operators or other satellite customers of any disputes related to comparability of facilities, workmanship, or preservation of service during the transition and shall subsequently notify the Wireless Telecommunications Bureau of the dispute and provide recommendations for resolution. ( 6 ) Must make real time disclosures of the content and timing of and the parties to communications, if any, from or to applicants to participate in the competitive bidding, as defined by § 1.2105(c)(5)(i) of this chapter whenever the prohibition in § 1.2105(c) of this chapter applies to competitive bidding for licenses in the 3.7 GHz Service. ( 7 ) Incumbent space station operators must cooperate in good faith with the Relocation Coordinator throughout the transition. ( d ) Status reports. On a quarterly basis, beginning December 31, 2020, the Relocation Coordinator must provide a report on the overall status of clearing efforts. ( e ) Document requests. The Wireless Telecommunications Bureau, in consultation with the Office of Managing Director, may request any documentation from the Relocation Coordinator necessary to provide guidance or carry out oversight. § 27.1414 Relocation Payment Clearinghouse. A Relocation Payment Clearinghouse shall be selected and serve to administer the cost-related aspects of the transition in a fair, transparent manner, pursuant to Commission rules and oversight, to mitigate financial disputes among stakeholders, and to collect and distribute payments in a timely manner for the transition of the 3700-4000 MHz band to the 3.7 GHz Service. ( a ) Selection process. ( 1 ) A search committee will select the Relocation Payment Clearinghouse. The search committee shall consist of member appointed by each of following nine entities: ACA Connects, Intelsat, SES, Eutelsat S.A., National Association Broadcasters, National Cable Television Association, CTIA, Competitive Carriers Association, and WISPA. ( 2 ) The search committee shall convene no later than June 22, 2020 and shall notify the Commission of the detailed selection criteria for the position of Relocation Payment Clearinghouse no later than June 1, 2020. Such criteria must be consistent with the qualifications, roles, and duties of the Relocation Payment Clearinghouse specified in this subpart. The Wireless Telecommunications Bureau (Bureau) is directed, on delegated authority, to issue a Public Notice notifying the public that the search committee has published criteria, outlining submission requirements, and providing the closing dates for the selection of the Relocation Payment Clearinghouse and source ( i.e., web page). ( 3 ) The search committee should proceed by consensus; however, if a vote on selection of a Relocation Payment Clearinghouse is required, it shall be by a majority. ( 4 ) In the event that the search committee fails to select a Relocation Payment Clearinghouse and to notify the Commission by July 31, 2020, the search committee will be dissolved without further action by the Commission. In the event that the search committee fails to select a Clearinghouse and to notify the Commission by July 31, 2020, two of the nine members of the search committee will be dropped therefrom by lot, and the remaining seven members of the search committee shall select a Clearinghouse by majority vote by August 14, 2020. ( 5 ) During the course of the Relocation Payment Clearinghouse's tenure, the Commission will take such measures as are necessary to ensure timely compliance, including, should it become necessary, issuing subsequent public notices to select new Relocation Payment Clearinghouses(s). ( b ) Selection criteria. ( 1 ) The Relocation Payment Clearinghouse must be a neutral, independent entity with no conflicts of interest (organizational or personal) on the part of the organization or its officers, directors, employees, contractors, or significant subcontractors. ( i ) Organizational conflicts of interest means that because of other activities or relationships with other entities, the Relocation Payment Clearinghouse, its contractors, or significant subcontractors are unable or potentially unable to render impartial services, assistance or advice; the Relocation Payment Clearinghouse's objectivity in performing its function is or might be otherwise impaired; or the Relocation Payment Clearinghouse might gain an unfair competitive advantage. ( ii ) Personal conflict of interest means a situation in which an employee, officer, or director of the Relocation Payment Clearinghouse, the Relocation Payment Clearinghouse's contractors or significant subcontractors has a financial interest, personal activity, or relationship that could impair that person's ability to act impartially and in the best interest of the transition when performing their assigned role, or is engaged in self-dealing. ( 2 ) The Relocation Payment Clearinghouse must be able to demonstrate that it has the requisite expertise to perform the duties required, which will include collecting and distributing relocation and accelerated relocation payments, auditing incoming and outgoing estimates, mitigating cost disputes among parties, and generally acting as clearinghouse. ( 3 ) The search committee should ensure that the Relocation Payment Clearinghouse meets relevant best practices and standards in its operation to ensure an effective and efficient transition. First, the Relocation Payment Clearinghouse should be required, in administering the transition, to: ( i ) Engage in strategic planning and adopt goals and metrics to evaluate its performance; ( ii ) Adopt internal controls for its operations; ( iii ) Utilize enterprise risk management practices; and ( iv ) Use best practices to protect against improper payments and to prevent fraud, waste and abuse in its handling of funds. The Relocation Payment Clearinghouse must be required to create written procedures for its operations, using the Government Accountability Office's Green Book to serve as a guide in satisfying such requirements. ( 4 ) The search committee must also ensure that the Relocation Payment Clearinghouse adopts robust privacy and data security best practices in its operations, given that it will receive and process information critical to ensuring a successful and expeditious transition. ( i ) When the prohibition in § 1.2105(c) of this chapter applies to competitive bidding for licenses in the 3.7 GHz service, the Relocation Payment Clearinghouse must make real time disclosures of the content and timing of and the parties to communications, if any, from or to applicants to participate in the competitive bidding, as defined by § 1.2105(c)(5)(i) of this chapter . ( ii ) The Relocation Payment Clearinghouse should also comply with, on an ongoing basis, all applicable laws and Federal Government guidance on privacy and information security requirements such as relevant provisions in the Federal Information Security Management Act, National Institute of Standards and Technology publications, and Office of Management and Budget guidance. ( iii ) The Relocation Payment Clearinghouse must hire a third-party firm to independently audit and verify, on an annual basis, the Relocation Payment Clearinghouse's compliance with privacy and information security requirements and to provide recommendations based on any audit findings; to correct any negative audit findings and adopt any additional practices suggested by the auditor; and to report the results to the Bureau. ( c ) Reports and information. ( 1 ) The Relocation Payment Clearinghouse must provide quarterly reports that detail the status of reimbursement funds available for clearing obligations, the relocation and accelerated relocation payments issued, the amounts collected from overlay licensees, and any certifications filed by incumbents. The reports must account for all funds spent to transition the 3.7 GHz Service Band, including the Relocation Payment Clearinghouse's own expenses, e.g., salaries and fees paid to law firms, accounting firms, and other consultants. The report shall include descriptions of any disputes and the manner in which they were resolved. ( 2 ) The Relocation Payment Clearinghouse shall provide to the Office of the Managing Director and the Wireless Telecommunications Bureau, by March 1 of each year, an audited statement of funds expended to date, including salaries and expenses of the Clearinghouse. ( 3 ) The Relocation Clearing House shall provide to the Wireless Telecommunications Bureau additional information upon request. § 27.1415 Documentation of expenses. Parties seeking reimbursement of compensable relocation costs must document their actual expenses and the Relocation Payment Clearinghouse, or a third-party on behalf of the Relocation Payment Clearinghouse, may conduct audits of entities that receive reimbursements. Entities receiving reimbursements must make available all relevant documentation upon request from the Relocation Payment Clearinghouse or its contractor. § 27.1416 Reimbursable costs. ( a ) Determining reimbursable costs. The Relocation Payment Clearinghouse shall review reimbursement requests to determine whether they are reasonable and to ensure they comply with the requirements adopted in this sub-part. The Relocation Payment Clearinghouse shall give parties the opportunity to supplement any reimbursement claims that the Relocation Payment Clearinghouse deems deficient. Reimbursement submissions that fall within the estimated range of costs in the cost category schedule issued by the Wireless Telecommunications Bureau shall be presumed reasonable. If the Relocation Payment Clearinghouse determines that the amount sought for reimbursement is unreasonable, it shall notify the party of the amount it deems eligible for reimbursement. The Wireless Telecommunications Bureau shall make further determinations related to reimbursable costs, as necessary, throughout the transition process. ( b ) Payment procedures. Following a determination of the reimbursable amount, the Relocation Payment Clearinghouse shall incorporate approved claims into invoices, which it shall issue to each licensee indicating the amount to be paid. The Relocation Payment Clearinghouse shall pay approved claims within 30 days of invoice submission. The Relocation Payment Clearinghouse shall also include its own reasonable costs in the invoices. § 27.1417 Reimbursement fund. The Relocation Payment Clearinghouse will establish and administer an account that will fund the costs for the transition of this band to the 3.7 GHz Service after an auction for the 3.7 GHz Service concludes. Licensees in the 3.7 GHz Service shall pay their pro rata share of six months' worth of estimated transition costs into a reimbursement fund, administered by the Relocation Payment Clearinghouse, shortly after the auction and then every six months until the transition is complete. The Relocation Payment Clearinghouse shall draw from the reimbursement fund to pay approved, invoiced claims, consistent with § 27.1418 . If the reimbursement fund does not have sufficient funds to pay approved claims before a six-month replenishment, the Relocation Payment Clearinghouse shall provide 3.7 GHz Service licensees with 30 days' notice of the additional pro rata shares they must contribute. At the end of the transition, the Relocation Payment Clearinghouse shall refund any unused amounts to 3.7 GHz Service licensees according to their pro rata shares. § 27.1418 Payment obligations. ( a ) Each eligible space station operator is responsible for the payment of its own satellite transition costs until the auction winners have been announced. ( b ) Licensees in the 3.7 GHz Service shall pay their pro rata share of: ( 1 ) The reasonable costs of the Relocation Payment Clearinghouse and, in the event the Wireless Telecommunications Bureau selects the Relocation Coordinator, the services of the Relocation Coordinator and its staff; ( 2 ) The actual relocation costs, provided that they are not unreasonable, for eligible space station operators and incumbent fixed service licensees; the actual transition costs, provided they are not unreasonable, associated with the necessary migration and filtering of incumbent earth stations; ( 3 ) Any lump sum payments, if elected by incumbent earth station operators in lieu of actual relocation costs; and ( 4 ) Specified accelerated relocation payments for space station operators that clear on an accelerated timeframe. Licensees in the 3.7 GHz Service shall be responsible for the full costs of space station transition, the Relocation Payment Clearinghouse, and, if selected and established by the Wireless Telecommunications Bureau, the Relocation Coordinator, based on their pro rata share of the total auction bids of each licensee's gross winning bids in the auction overall; they shall be responsible for incumbent earth station and incumbent fixed service transition costs in a Partial Economic Area based on their pro rata share of the total gross bids for that Partial Economic Area. ( c ) Following the auction, and every six months until the close of the transition, licensees in the 3.7 GHz Service shall submit their portion of estimated transition costs to a reimbursement fund, and the Relocation Payment Clearinghouse will reimburse parties incurring transition costs. If actual costs exceed estimated costs, the Relocation Payment Clearinghouse shall perform a true-up for additional funds from 3.7 GHz Service licensees. ( d ) If 3.7 GHz band license is relinquished to the Commission prior to all relocation cost reimbursements and accelerated relocation payments being paid, the remaining payments will be distributed among other similarly situated 3.7 GHz band licensees. If a new license is issued for the previously relinquished rights prior to final payments becoming due, the new 3.7 GHz band licensee will be responsible for the same pro rata share of relocation costs and accelerated relocation payments as the initial 3.7 GHz band license. If a 3.7 GHz band licensee sells its rights on the secondary market, the new 3.7 GHz band licensee will be obligated to fulfill all payment obligations associated with the license. § 27.1419 Lump sum payment for earth station opt out. The Wireless Telecommunications Bureau shall announce a lump sum that will be available per each incumbent earth station that elects to opt out from the formal relocation process, per § 27.1412(e) , as well as the process for electing lump sum payments. Incumbent earth station owners must make the lump sum payment election no later than 30 days after the Bureau announces the lump sum payment amounts, and must indicate whether each incumbent earth station for which it elects the lump sum payment will be transitioned to the upper 200 megahertz in order to maintain C-band services or will discontinue C-band services. § 27.1420 Cost-sharing formula. ( a ) For space station transition and Relocation Payment Clearinghouse costs, and in the event the Wireless Telecommunications Bureau selects a Relocation Coordinator pursuant to § 27.1413(a) , Relocation Coordinator costs, the pro rata share of each flexible-use licensee will be the sum of the final clock phase prices ( P ) for the set of all license blocks that a bidder wins divided by the total final clock phase prices for all N license blocks sold in the auction. To determine a licensee's reimbursement obligation ( RO ), that pro rata share would then be multiplied by the total eligible reimbursement costs ( RC ). Mathematically, this is represented as: ( b ) For incumbent earth stations and fixed service incumbent licensee transition costs, a flexible-use licensee's pro rata share will be determined on a PEA-specific basis, based on the final clock phase prices for the license blocks it won in each PEA. To calculate the pro rata share for incumbent earth station transition costs in a given PEA, the same formula identified in § 27.1412(a) will be used, except I is the set of licenses a bidder won in the PEA, N is the total blocks sold in the PEA and RC is the PEA-specific earth station and fixed service relocation costs. ( c ) For the Phase I accelerated relocation payments, the pro rata share of each flexible use licensee of the 3.7 to 3.8 MHz in the 46 PEAs that are cleared by December 5, 2021, will be the sum of the final clock phase prices ( P ) that the licensee won divided by the total final clock phase prices for all M license blocks sold in those 46 PEAs. To determine a licensee's RO the pro rata share would then be multiplied by the total accelerated relocation payment due for Phase I, A1. Mathematically, this is represented as: ( d ) For Phase II accelerated relocation payments, the pro rata share of each flexible use licensee will be the sum of the final clock phase prices ( P ) that the licensee won in the entire auction, divided by the total final clock phase prices for all N license blocks sold in the auction. To determine a licensee's RO the pro rata share would then be multiplied by the total accelerated relocation payment due for Phase II, A2. Mathematically, this is represented as: § 27.1421 Disputes over costs and cost-sharing. ( a ) Parties disputing a cost estimate, cost invoice, or payment or cost-sharing obligation must file an objection with the Relocation Payment Clearinghouse. ( b ) The Relocation Payment Clearinghouse may mediate any disputes regarding cost estimates or payments that may arise in the course of band reconfiguration; or refer the disputant parties to alternative dispute resolution fora. ( 1 ) Any dispute submitted to the Relocation Payment Clearinghouse, or other mediator, shall be decided within 30 days after the Relocation Payment Clearinghouse has received a submission by one party and a response from the other party. ( 2 ) Thereafter, any party may seek expedited non-binding arbitration, which must be completed within 30 days of the recommended decision or advice of the Relocation Payment Clearinghouse or other mediator. ( 3 ) The parties will share the cost of this arbitration if it is before the Relocation Payment Clearinghouse. ( c ) Should any issues still remain unresolved, they may be referred to the Bureau within ten days of recommended decision or advice of the Relocation Payment Clearinghouse or other mediator and any decision of the Relocation Payment Clearinghouse can be appealed to the Chief of the Bureau. ( 1 ) When referring an unresolved matter, the Relocation Payment Clearinghouse shall forward the entire record on any disputed issues, including such dispositions thereof that the Relocation Payment Clearinghouse has considered. ( 2 ) Upon receipt of such record and advice, the Bureau will decide the disputed issues based on the record submitted. The Bureau is directed to resolve such disputed issues or designate them for an evidentiary hearing before an Administrative Law Judge. If the Bureau decides an issue, any party to the dispute wishing to appeal the decision may do so by filing with the Commission, within ten days of the effective date of the initial decision, a Petition for de novo review; whereupon the matter will be set for an evidentiary hearing before an Administrative Law Judge. ( 3 ) Parties seeking de novo review of a decision by the Bureau are advised that, in the course of the evidentiary hearing, the Commission may require complete documentation relevant to any disputed matters; and, where necessary, and at the presiding judge's discretion, require expert engineering, economic or other reports or testimony. Parties may therefore wish to consider possibly less burdensome and expensive resolution of their disputes through means of alternative dispute resolution. § 27.1422 Accelerated relocation payment. ( a ) Eligible space station operators that meet the applicable early-clearing benchmark(s), as confirmed in their Certification of Accelerated Relocation set-forth in § 27.1412(g) , will be eligible for their respective accelerated relocation payment. ( b ) The Relocation Payment Clearinghouse will distribute the accelerated relocation payments accordingly: Table 1 to Paragraph (b) —Acclerated Relocation Payment by Operator Payment Phase I payment Phase II payment Intelsat $4,865,366,000 $1,197,842,000 $3,667,524,000 SES 3,968,133,000 976,945,000 2,991,188,000 Eutelsat 506,978,000 124,817,000 382,161,000 Telesat 344,400,000 84,790,000 259,610,000 Star One 15,124,000 3,723,000 11,401,000 Totals 9,700,001,000 2,388,117,000 7,311,884,000 ( c ) The Relocation Payment Clearinghouse shall promptly notify 3.7 GHz Service licensees following validation of the certification of accelerated relocations as set-forth in Section 27.1412(g) . 3.7 GHz Service licensees shall pay the accelerated relocation payments to the Clearinghouse within 60 days of the notice that eligible space station operators have met their respective accelerated clearing benchmark. The Clearinghouse shall disburse accelerated relocation payments to relevant space station operators within seven days of receiving the payment from overlay licensees. ( d ) For eligible space station operators that fail to meet either the Phase I or Phase II benchmarks as of the relevant accelerated relocation deadline, the accelerated relocation payment will be reduced according to the following schedule of declining accelerated relocation payments for the six months following the relevant deadline: Table 2 to Paragraph (d) Date of completion Incremental reduction (percent) Accelerated relocation payment (percent) By Deadline 100 1-30 Days Late 5 95 31-60 Days Late 5 90 61-90 Days Late 10 80 91-120 Days Late 10 70 121-150 Days Late 20 50 151-180 Days Late 20 30 181+ Days Late 30 0 § 27.1423 Protection of incumbent operations. ( a ) To protect incumbent earth stations from out-of-band emissions from fixed stations, base stations and mobiles, the power flux density (PFD) of any emissions within the 4000-4200 MHz band must not exceed −124 dBW/m 2 /MHz as measured at the earth station antenna. ( b ) To protect incumbent earth stations from blocking, the power flux density (PFD) of any emissions within the 3700-3980 MHz band must not exceed −16 dBW/m 2 /MHz as measured at the earth station antenna. ( c ) All 3.7 GHz Service licensees, prior to initiating operations from any base or fixed station, must coordinate cochannel frequency usage with all incumbent Telemetry, Tracking, and Command (TT&C) earth stations within a 70 km radius. The licensee must ensure that the aggregated power from its operations meets an interference to noise ratio (I/N) of −6 dB to the TT&C earth station receiver. A base station's operation will be defined as cochannel when any of the 3.7 GHz Service licensee's authorized frequencies are separated from the center frequency of the TT&C earth station by less than 150% of the maximum emission bandwidth in use by the TT&C earth station. ( d ) All 3.7 GHz Service licensees operating on an adjacent channel to an incumbent TT&C earth station must ensure that the aggregated power from its operations meets an interference to noise ratio (I/N) of −6 dB to the TT&C earth station receiver. ( e ) To protect incumbent TT&C earth stations from blocking, the power flux density (PFD) of any emissions within the 3700-3980 MHz band must not exceed −16 dBW/m 2 /MHz as measured at the TT&C earth station antenna. § 27.1424 Agreements between 3.7 GHz Service licensees and C-Band earth station operators. The PFD limits in § 27.1423 may be modified by the private agreement of licensees of 3.7 GHz Service and entities operating earth stations in the 4000-4200 MHz band or TT&C operations in the 3700-3980 MHz band. A licensee of the 3.7 GHz Service who is a party to such an agreement must maintain a copy of the agreement in its station files and disclose it, upon request, to prospective license assignees, transferees, or spectrum lessees, and to the Commission. Subpart P—Regulations Governing Licensing and Use of 900 MHz Broadband Service in the 897.5-900.5 MHz and 936.5-939.5 MHz Bands Source: 85 FR 43134 , July 16, 2020, unless otherwise noted. § 27.1500 Scope. This subpart sets out the regulations governing the licensing and operations of 900 MHz broadband systems operating in the 897.5-900.5/936.5-939.5 MHz band. It includes eligibility requirements and operational and technical standards for stations licensed in this band. It also supplements the rules regarding application procedures contained in part 1, subpart F of this chapter . The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing and operation in this frequency band. § 27.1501 Definitions. Terms used in this subpart shall have the following meanings: 900 MHz broadband. The 900 MHz broadband systems in the 897.5-900.5/936.5-939.5 MHz band licensed by the Commission pursuant to the provisions of this subpart. 900 MHz broadband licensee. An entity that holds a 900 MHz broadband license issued pursuant to this subpart. 900 MHz broadband segment. The segment of realigned 900 MHz spectrum ( i.e., the 897.5-900.5/936.5-939.5 MHz band) licensed by the Commission pursuant to the provisions of this subpart. 900 MHz narrowband segment. The segments of realigned 900 MHz spectrum ( i.e., the 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz bands (Paired channels 1-119 and 361-399)) designated for narrowband operations and licensed pursuant to 47 CFR part 90, subpart S . Complex system. A covered incumbent's system that consists of 45 or more functionally integrated sites. County. For purposes of this part, counties shall be defined using the United States Census Bureau's data reflecting county legal boundaries and names valid through January 1, 2017. Covered incumbent. Any 900 MHz site-based licensee in the broadband segment that is required under § 90.621(b) to be protected by a broadband licensee with a base station at any location within the county, or any 900 MHz geographic-based SMR licensee in the broadband segment whose license area completely or partially overlaps the county. Eligibility Certification. A filing made to the Commission as part of the prospective broadband licensee's application for a 900 MHz broadband license that demonstrates satisfaction of the eligibility restrictions. License area. The geographic component of a 900 MHz broadband license. A license area consists of one county. Power spectral density (PSD). The power of an emission in the frequency domain, such as in terms of ERP or EIRP, stated per unit bandwidth, e.g., watts/MHz. Site-channel. A channel licensed at a particular location. Transition plan. A filing made to the Commission as part of the prospective broadband licensee's application for a 900 MHz broadband license that includes a plan for transitioning the band in the particular county. Transitioned market. See section 90.7 of part 90 of this chapter . § 27.1502 Permanent discontinuance of 900 MHz broadband licenses. A 900 MHz broadband licensee that permanently discontinues service as defined in § 1.953 must notify the Commission of the discontinuance within 10 days by filing FCC Form 601 requesting license cancelation. An authorization will automatically terminate, without specific Commission action, if service is permanently discontinued as defined in this chapter, even if a licensee fails to file the required form requesting license cancelation. § 27.1503 Broadband license eligibility and application requirements. ( a ) Eligibility. For an applicant to be eligible for a broadband license in a county, it must: ( 1 ) Hold the licenses for more than 50% of the total amount of licensed 900 MHz SMR (site-based or geographically licensed) and B/ILT (site-based) spectrum for the relevant county including credit for spectrum included in an application to acquire or relocate covered incumbents filed with the Commission on or after March 14, 2019; ( 2 ) Hold spectrum in the broadband segment or reach an agreement to clear through acquisition or relocation, including credit for spectrum included in an application to acquire or relocate covered incumbents filed with the Commission on or after March 14, 2019, or demonstrate how it will provide interference protection to, covered incumbent licensees collectively holding licenses in the broadband segment for at least 90% of the site-channels in the county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county. To provide interference protection, an applicant may: ( i ) Protect site-based covered incumbent(s) through compliance with minimum spacing criteria set forth in § 90.621(b) of this chapter ; ( ii ) Protect site-based covered incumbent(s) through new or existing letters of concurrence agreeing to lesser base station separations as set forth in § 90.621(b) ; and/or ( iii ) Protect geographically based covered incumbent(s) through a private contractual agreement. ( 3 ) If any site of a complex system is located within the county and/or within 70 miles of the county boundary, an applicant must either hold the license for that site or reach an agreement to acquire, relocate, or protect it in order to demonstrate eligibility. ( 4 ) The applicant may use its current 900 MHz holdings in the narrowband segment to relocate covered incumbents. Spectrum used for the purpose of relocating incumbent(s) may not exceed the incumbent's current spectrum holdings in the relevant county, unless additional channels are necessary to achieve equivalent coverage and/or capacity. ( b ) Application. ( 1 ) Applications must be filed in accordance with part 1, subpart F of this chapter . ( 2 ) An applicant for a 900 MHz broadband license must submit with its application an Eligibility Certification that: ( i ) Lists the licenses the applicant holds in the 900 MHz band to demonstrate that it holds the licenses for more than 50% of the total licensed 900 MHz spectrum, whether SMR or B/ILT, for the relevant county including credit for spectrum included in an application to acquire or relocate any covered incumbents filed on or after March 14, 2019; ( ii ) A statement that it has filed a Transition Plan detailing how it holds spectrum in the broadband segment and/or has reached an agreement to clear through acquisition or relocation (including credit for spectrum included in an application to acquire or relocate covered incumbents filed with the Commission on or after March 14, 2019), or demonstrate how it will provide interference protection to, covered incumbent licensees collectively holding licenses in the broadband segment for at least 90% of the site-channels in the county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county. ( 3 ) An applicant for a 900 MHz broadband license must submit with its application a Transition Plan that provides: ( i ) A showing of one or more of the following: ( A ) Agreement by covered incumbents to relocate from the broadband segment; ( B ) Protection of site-based covered incumbents through compliance with minimum spacing criteria; ( C ) Protection of site-based covered incumbents through new or existing letters of concurrence agreeing to lesser base station separations; ( D ) Protection of geographically-based covered incumbents through private contractual agreements; and/or ( E ) Evidence that it holds licenses for the site-channels and/or geographically licensed channels. ( ii ) Descriptions of the agreements between the prospective broadband licensee and all covered incumbents collectively holding licenses for at least 90% of site-channels within the county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county. ( iii ) Descriptions in detail of all information and actions necessary to accomplish the realignment, as follows: ( A ) The applications that the parties to the agreements will file for spectrum in the narrowband segment in order to relocate or repack licensees; ( B ) A description of how the applicant will provide interference protection to, and/or acquire or relocate from the broadband segment covered incumbents collectively holding licenses for at least 90% of site-channels within 70 miles of the county and within 70 miles of the county boundary and/or evidence that it holds licenses for the site-channels and/or geographically licensed channels. ( C ) Any rule waivers or other actions necessary to implement an agreement with a covered incumbent; and ( D ) Such additional information as may be required. ( iv ) A certification from an FCC-certified frequency coordinator that the Transition Plan's representations can be implemented consistent with Commission rules. The certification must establish that the relocations proposed therein take into consideration all relevant covered incumbents and are consistent with the existing part 90 interference protection criteria if the covered incumbent is site-based, and include any private contractual agreements between the prospective broadband licensee and a geographically-licensed covered incumbent. ( 4 ) Applicants seeking to transition multiple counties may simultaneously file a single Transition Plan with each of its county-based applications. ( c ) Anti-windfall provisions. ( 1 ) The applicant must return to the Commission all of its licensed 900 MHz SMR and B/ILT spectrum, up to six megahertz, for the county in which it seeks a broadband license. The applicant will be required to file, within 15 days of filing its broadband license application, an application(s) to cancel all of its 900 MHz SMR and B/ILT spectrum, up to six megahertz, conditioned upon Commission grant of its application. ( 2 ) If the applicant relinquishes less than six megahertz of spectrum in accordance with paragraph (c)(1) of this section, then the applicant must remit an anti-windfall payment prior to the grant of the 900 MHz broadband license. Payment must be made through a monetary payment to the U.S. Treasury. § 27.1504 Mandatory relocation. ( a ) Subject to paragraph (b) of this section, broadband licensees may require mandatory relocation from the broadband segment covered incumbents' remaining site-channels in a given county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county, that were not covered by § 27.1503(a)(2) . ( b ) Complex systems are exempt from mandatory relocation. To qualify as exempt from mandatory relocation, a complex system must have at least one site (of its 45 or more functionally integrated sites) located within the county license area or within 70 miles of the county boundary. ( c ) A broadband licensee seeking to relocate a covered incumbent pursuant to this section is required to pay all reasonable relocation costs, including providing the relocated covered incumbent with comparable facilities. To be comparable, the replacement system provided to a covered incumbent during a mandatory relocation must be at least equivalent to the existing 900 MHz system with respect to the following four factors: ( 1 ) System; ( 2 ) Capacity; ( 3 ) Quality of service; and ( 4 ) Operating costs. ( d ) Having met the 90% success threshold, a 900 MHz broadband licensee seeking to trigger the mandatory relocation process shall serve notice on applicable covered incumbent(s). ( e ) Following the service of notice, a 900 MHz broadband licensee may request information from the covered incumbent reasonably required to craft its offer of comparable facilities. ( f ) We expect all parties to negotiate with the utmost “good faith” in the negotiation process. Factors relevant to a “good-faith” determination include: ( 1 ) Whether the party responsible for paying the cost of band reconfiguration has made a bona fide offer to relocate the incumbent to comparable facilities; ( 2 ) The steps the parties have taken to determine the actual cost of relocation to comparable facilities; and ( 3 ) Whether either party has unreasonably withheld information, essential to the accurate estimation of relocation costs and procedures, requested by the other party. ( g ) A party seeking Commission resolution of a dispute must submit in writing to the Chief, Wireless Telecommunications Bureau: ( 1 ) The name, address, telephone number, and email address of the 900 MHz broadband licensee or covered incumbent making the allegation; ( 2 ) The name of the 900 MHz broadband licensee or covered incumbent about which the allegation is made; ( 3 ) A complete statement of the facts supporting the broadband licensee's or incumbent's claim; and ( 4 ) The specific relief sought. ( h ) If an incumbent fails to negotiate in good faith, its facilities may be mandatorily relocated, and its license modified accordingly by the Commission pursuant to section 316 of the Act. If the Wireless Telecommunications Bureau finds bad faith on the part of the broadband licensee, the broadband licensee may lose the right to relocate the incumbent or the Wireless Telecommunications Bureau may refer the matter to the Enforcement Bureau for action (which could include a range of sanctions, such as imposition of forfeitures). § 27.1505 Performance requirements. ( a ) 900 MHz broadband licensees shall demonstrate compliance with performance requirements by filing a construction notification with the Commission, within 15 days of the expiration of the applicable benchmark, in accordance with the provisions set forth in § 1.946(d) of this chapter . ( 1 ) The licensee must certify whether it has met the applicable performance requirements. The licensee must file a description and certification of the areas for which it is providing service. The construction notifications must include electronic coverage maps and supporting technical documentation regarding the type of service it is providing for each licensed area within its service territory and the type of technology used to provide such service, and certify the accuracy of such documentation. Supporting documentation must include the assumptions used to create the coverage maps, including the propagation model and the signal strength necessary to provide reliable service with the licensee's technology. ( 2 ) To demonstrate compliance with the population coverage requirement, licensees shall use the most recently available decennial U.S. Census Bureau data at the time of measurement and shall base their measurements of population served on areas no larger than the Census Tract level. The population within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides reliable signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. ( b ) A 900 MHz broadband licensee must meet either a population coverage requirement or geographic coverage as follows: ( 1 ) Population metric. ( i ) A 900 MHz broadband licensee shall provide reliable signal coverage and offer broadband service to at least 45% of the population in its license area within six years of license grant. ( ii ) A 900 MHz broadband licensee shall provide reliable signal coverage and offer broadband service to at least 80% of the population in its license area within 12 years of license grant. ( 2 ) Geographic coverage. Alternatively, a 900 MHz broadband licensee may: ( i ) Demonstrate it provides reliable signal coverage and offers broadband service covering at least 25% of the geographic license area within six years of license grant. ( ii ) Demonstrate it provides reliable signal coverage and offers broadband service covering at least 50% of the geographic license area within twelve years of license grant. ( c ) Penalties. ( 1 ) If a 900 MHz broadband licensee fails to meet the first performance benchmark, we require the licensee to meet the final performance benchmark two years sooner ( i.e., at 10 years into the license term) and reduce the license term from 15 years to 13 years. ( 2 ) If a 900 MHz broadband licensee fails to meet the final performance benchmark, its authorization for that license area will terminate automatically without Commission action. ( d ) License renewal. After satisfying the 12-year, final performance benchmark, a licensee must continue to provide coverage and offer broadband service at or above that level for the remaining three years of the 15-year license term in order to warrant license renewal. § 27.1506 Frequencies. The 897.5-900.5 MHz and 936.5-939.5 MHz band segments are available for licensing with an authorized bandwidth up to 3 megahertz paired channels. The 897.5-900.5 MHz segment must only be used for uplink transmissions. The 936.5-939.5 MHz segments must only be used for downlink transmissions. § 27.1507 Effective radiated power limits for 900 MHz broadband systems. ( a ) Maximum ERP. The power limits specified in this section are applicable to operations in areas more than 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canada border. ( 1 ) General limit. ( i ) The ERP for base and repeater stations must not exceed 400 watts/megahertz power spectral density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 400 watts/megahertz ERP in accordance with Table 1 of this section. ( ii ) Provided that they also comply with paragraphs (b) and (c) of this section, licensees are permitted to operate base and repeater stations with up to a maximum ERP of 1000 watts/megahertz power spectral density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 1000 watts/megahertz ERP in accordance with Table 2 of this section. ( 2 ) Rural areas. For systems that are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census: ( i ) The ERP for base and repeater stations must not exceed 800 watts/megahertz power spectral density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 800 watts/megahertz ERP in accordance with Table 3 of this section. ( ii ) Provided that they also comply with paragraphs (b) and (c) of this section, base and repeater stations may operate with up to a maximum ERP of 2000 watts/megahertz power spectral density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 2000 watts/megahertz ERP in accordance with Table 4 of this section. ( 3 ) Mobile, control and auxiliary test stations. Mobile, control and auxiliary test stations must not exceed 10 watts ERP. ( 4 ) Portable stations. Portable stations must not exceed 3 watts ERP. ( b ) Power flux density (PFD). Each 900 MHz broadband base or repeater station that exceeds the ERP limit of paragraph (a)(1)(i) or (a)(2)(i) of this section must be designed and deployed so as not to exceed a modeled PFD of 3000 microwatts/m 2 /MHz over at least 98% of the area within 1 km of the base or repeater station antenna, at 1.6 meters above ground level. To ensure compliance with this requirement, the licensee must perform predictive modeling of the PFD values within at least 1 km of each base or repeater station antenna prior to commencing such operations and, thereafter, prior to making any site modifications that may increase the PFD levels around the base or repeater station. The modeling must take into consideration terrain and other local conditions and must use good engineering practices for the 900 MHz band. ( c ) Power measurement. Measurement of 900 MHz broadband base transmitter and repeater ERP must be made using an average power measurement technique. Power measurements for base transmitters and repeaters must be made in accordance with either of the following: ( 1 ) A Commission-approved average power technique (see FCC Laboratory's Knowledge Database); or ( 2 ) For purposes of this section, peak transmit power must be measured over an interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. ( d ) PAR limit. The peak-to-average ratio (PAR) of the transmission must not exceed 13 dB. ( e ) Height-power limit. As specified in paragraph (a) of this section, the following tables specify the maximum base station power for antenna heights above average terrain (HAAT) that exceed 304 meters. Table 1 to § 27.1507 —Permissible Power and Antenna Heights for Base Stations and Repeaters Permitted To Transmit With Up to 400 Watts/Megahertz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts/megahertz) Above 1372 (4500) 26 Above 1220 (4000) To 1372 (4500) 28 Above 1067 (3500) To 1220 (4000) 30 Above 915 (3000) To 1067 (3500) 40 Above 763 (2500) To 915 (3000) 56 Above 610 (2000) To 763 (2500) 80 Above 458 (1500) To 610 (2000) 140 Above 305 (1000) To 458 (1500) 240 Up to 305 (1000) 400 Table 2 to § 27.1507 —Permissible Power and Antenna Heights for Base Stations and Repeaters Permitted To Transmit With Up to 1000 Watts/Megahertz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts/megahertz) Above 1372 (4500) 65 Above 1220 (4000) To 1372 (4500) 70 Above 1067 (3500) To 1220 (4000) 75 Above 915 (3000) To 1067 (3500) 100 Above 763 (2500) To 915 (3000) 140 Above 610 (2000) To 763 (2500) 200 Above 458 (1500) To 610 (2000) 350 Above 305 (1000) To 458 (1500) 600 Up to 305 (1000) 1000 Table 3 to § 27.1507 —Permissible Power and Antenna Heights for Base Stations and Repeaters Permitted To Transmit With Up to 800 Watts/Megahertz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts/megahertz) Above 1372 (4500) 52 Above 1220 (4000) To 1372 (4500) 56 Above 1067 (3500) To 1220 (4000) 60 Above 915 (3000) To 1067 (3500) 80 Above 763 (2500) To 915 (3000) 112 Above 610 (2000) To 763 (2500) 160 Above 458 (1500) To 610 (2000) 280 Above 305 (1000) To 458 (1500) 480 Up to 305 (1000) 800 Table 4 to § 27.1507 —Permissible Power and Antenna Heights for Base Stations and Repeaters Permitted To Transmit With Up to 2000 Watts/Megahertz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts/megahertz) Above 1372 (4500) 130 Above 1220 (4000) To 1372 (4500) 140 Above 1067 (3500) To 1220 (4000) 150 Above 915 (3000) To 1067 (3500) 200 Above 763 (2500) To 915 (3000) 280 Above 610 (2000) To 763 (2500) 400 Above 458 (1500) To 610 (2000) 700 Above 305 (1000) To 458 (1500) 1200 Up to 305 (1000) 2000 § 27.1508 Field strength limit. The predicted or measured median field strength must not exceed 40 dBµV/m at any given point along the geographic license boundary, unless the affected licensee agrees to a different field strength. This value applies to both the initially offered service areas and to partitioned service areas. § 27.1509 Emission limits. The power of any emission outside a licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) in watts by at least the following amounts: ( a ) For 900 MHz broadband operations in 897.5-900.5 MHz band by at least 43 + 10 log (P) dB. ( b ) For 900 MHz broadband operations in the 936.5-939.5 MHz band, by at least 50 + 10 log (P) dB. ( c ) Compliance with the provisions of paragraphs (a) and (b) of this section is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. However, in the 100 kHz bands immediately outside and adjacent to the licensee's band, a resolution bandwidth of at least 1 percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( d ) The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power. ( e ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. § 27.1510 Unacceptable interference to narrowband 900 MHz licensees from 900 MHz broadband licensees. See 47 CFR 90.672 . Subpart Q—3.45 GHz Service (3450-3550 MHz) Source: 86 FR 17954 , Apr. 7, 2021, unless otherwise noted. § 27.1600 3450-3550 MHz band subject to competitive bidding. Mutually exclusive initial applications for 3450-3550 MHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q , will apply unless otherwise provided in this subpart. § 27.1601 Designated entities in the 3450-3550 MHz band. ( a ) Eligibility for small business provisions — ( 1 ) Definitions — ( i ) Small business. A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $55 million for the preceding five (5) years. ( ii ) Very small business. A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $20 million for the preceding five (5) years. ( 2 ) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses as provided in § 1.2110(c)(6) of this chapter , may use the bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i)(C) of this chapter , subject to the cap specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses as provided in § 1.2110(c)(6) of this chapter , may use the bidding credit of 25 percent, as specified in § 1.2110(f)(2)(i)(B) of this chapter , subject to the cap specified in § 1.2110(f)(2)(ii) of this chapter . ( b ) Eligibility for rural service provider bidding credit. A rural service provider, as defined in § 1.2110(f)(4)(i) of this chapter , that has not claimed a small business bidding credit, or a consortium of rural service providers as provided in § 1.2110(c)(6) of this chapter , may use the bidding credit of 15 percent specified in § 1.2110(f)(4) of this chapter . § 27.1602 Incumbent Federal operations. Regarding incumbent Federal operations in the 3450-3550 MHz band, 3.45 GHz Service licensees must comply with footnote US431B of the Table of Frequency Allocations in 47 CFR 2.106 . § 27.1603 Coordination procedures. ( a ) Coordination requirement. Prior to operation of any 3.45 GHz Service license in a Cooperative Planning Area or Periodic Use Area, a 3.45 GHz Service licensee must successfully coordinate such operation with any Federal incumbents in the Cooperative Planning Area or Periodic Use Area. The coordination procedures contained in this section shall apply unless the 3.45 GHz Service licensee and the Federal incumbent(s) have reached a mutually acceptable operator-to-operator coordination agreement that provides otherwise. ( b ) Informal discussions. Before a 3.45 GHz Service licensee submits a formal coordination request, it may share and discuss draft proposals with Federal incumbent coordination staff. These discussions are voluntary, informal, and non-binding and can begin at any time. ( c ) Formal coordination. The 3.45 GHz Service licensee shall initiate coordination by formally requesting access to operate within a Cooperative Planning Area and/or Periodic Use Area directly through the Department of Defense's online portal. ( d ) Initiation, timing, and affirmative concurrence. A 3.45 GHz Service licensee must initiate a formal coordination request through the online portal provided by the Department of Defense. Unless otherwise agreed between a 3.45 GHz Service licensee and the relevant Federal incumbent(s), no formal coordination requests may be submitted until nine (9) months after the date of the auction closing Public Notice. 3.45 GHz Service licensees may request informal discussions (through the point of contact identified in the applicable Transition Plan) during this nine-month time period. Unless otherwise agreed to in writing, the requirement to reach a coordination arrangement is satisfied only by obtaining the affirmative concurrence of the relevant Federal incumbent(s) via the portal. The requirement of this paragraph (d) is not satisfied by omission. ( e ) Submission information. To submit a formal coordination request, the 3.45 GHz Service licensee must include information about the technical characteristics for the 3.45 GHz Service base stations and associated mobile units relevant to operation within the Cooperative Planning Area and/or Periodic Use Area. This information should be provided in accordance with the instructions provided in the portal user's guide provided by the Department of Defense. 3.45 GHz Service licensees must prioritize their deployments in the Cooperative Planning Area for each Federal incumbent when submitting a formal coordination request. If a 3.45 GHz Service licensee is seeking to coordinate with multiple systems or multiple locations of operation controlled by one Federal incumbent, the licensee must specify the order in which it prefers the Federal incumbent process the request ( i.e., the order of systems or geographic locations). ( f ) Coordination analysis. If a 3.45 GHz Service licensee has questions about the result of a coordination request, it may contact the Federal incumbent to propose network design modifications to help address issues raised by the Federal incumbent. Once the 3.45 GHz Service licensee has revised its network design, it must resubmit a formal coordination request, and the 3.45 GHz Service formal coordination process begins again. ( g ) Interference resolution process. In instances of identified harmful interference occurring between a Federal and non-Federal operator not otherwise addressed by the coordination procedures or operator-to-operator agreements, the 3.45 GHz Service licensee shall first attempt to resolve the interference directly. If that effort is unsuccessful, the 3.45 GHz Service licensee, if adversely affected may escalate the matter to the Commission. § 27.1604 Reimbursement of relocation expenses of non-Federal radiolocation incumbents. ( a ) Relocation reimbursement contribution. Each entity granted an initial license (not a renewal) in the 3.45 GHz Service (Licensee) must pay a pro rata portion to reimburse the costs incurred by authorized non-Federal, secondary radiolocation licensees for relocating from the 3.3-3.55 GHz band. These costs include the cost of a clearinghouse's administration of the reimbursement, which the radiolocation licensees will pay initially and include in their reimbursable costs. ( b ) Pro rata share. A Licensee's pro rata share of relocation costs will be determined by dividing the total actual costs of such relocation, as approved by the clearinghouse selected pursuant to § 27.1605 , by the total number of 3.45 GHz Service licenses granted, multiplied by the number of such licenses the Licensee will hold. ( c ) Timing of payment. A Licensee's relocation reimbursement contribution share must be paid to the clearinghouse by the date(s) and subject to procedures specified by public notice. § 27.1605 Reimbursement clearinghouse. ( a ) The clearinghouse ultimately selected shall determine the reimbursement obligations of each Licensee pursuant to § 27.1604 . ( 1 ) The clearinghouse must be a must be a neutral, independent entity with no conflicts of interest (as defined in § 27.1414(b) , on the part of the organization or its officers, directors, employees, contractors, or significant subcontractors. ( 2 ) The clearinghouse must be able to demonstrate that it has the requisite expertise to perform the duties required, which will include collecting and distributing reimbursement payments, auditing incoming and outgoing estimates, mitigating cost disputes among parties, and generally acting as a clearinghouse. ( 3 ) The clearinghouse must comply with, on an ongoing basis, all applicable laws and Federal Government guidance on privacy and information security requirements such as relevant provisions in the Federal Information Security Management Act, National Institute of Standards and Technology publications, and Office of Management and Budget guidance. ( 4 ) The clearinghouse must provide quarterly reports to the Wireless Telecommunications Bureau that detail the status of reimbursement funds available, the payments issued, the amounts collected from licensees, and any information filed by incumbents. The reports must account for all funds spent, including the clearinghouse's own expenses. The report shall include descriptions of any disputes and the manner in which they were resolved. ( b ) Non-Federal secondary radiolocation licensees in the 3.3-3.55 GHz band that seek reimbursement of their expenses for relocating operations authorized under their licenses and existing as of February 22, 2019, must submit invoices or other appropriate documentation of such expenses to the clearinghouse no later than a date to be specified by public notice. ( c ) Expenses must be reasonably related to the relocation from the 3.3-3.55 GHz band to the 2.9-3.0 GHz band, may be future expenses or expenses already incurred—including the clearinghouse's costs, and no expenses for other purposes will be subject to reimbursement. Ineligible expenses include, but are not limited to, those related to upgrades or improvements. The clearinghouse shall have the authority to determine whether particular expenses are eligible for reimbursement. ( d ) The Wireless Telecommunications Bureau is responsible for resolving any disputes arising from decisions by the clearinghouse and shall specify by public notice when the clearinghouse's responsibilities have terminated. § 27.1606 Aggregation of 3450-3550 MHz band licenses. ( a ) 3.45 GHz Service licensees may aggregate up to 40 megahertz of 3450-3550 MHz band licenses across both license categories in any service area at any given time for four years after the close of the auction. After four years post-auction, no such aggregation limit on 3450-3550 MHz licenses shall apply. ( b ) The criteria in § 20.22(b) of this chapter will apply in order to attribute partial ownership and other interests for the purpose of applying the aggregation limit in paragraph (a) of this section. § 27.1607 Information sharing for time division duplex synchronization. ( a ) 3.45 GHz Service licensees must provide information to requesting Citizens Broadband Radio Service ( part 96 of this chapter ) operators to enable time division duplex (TDD) synchronization. Negotiations over the information must be conducted in good faith, with the goal of enabling synchronization between the relevant systems. ( 1 ) A Citizens Broadband Radio Service operator, whether a Priority Access Licensee or a General Authorized Access user ( § 96.1(b) of this chapter ), may request information from a 3.45 GHz Service licensee to enable cross-service TDD synchronization if it provides service, or intends to provide service, in the same or adjacent geographic area as a 3.45 GHz Service licensee. ( 2 ) Upon request by an eligible Citizens Broadband Radio Service operator, the 3.45 GHz Service licensee must provide sufficient technical information to allow the Citizens Broadband Radio Service operator to synchronize its system with the 3.45 GHz band system. The 3.45 GHz Service licensee must keep this information current if its network operations change. ( b ) 3.45 GHz Service licensees are under no obligation to make any changes to their operations or proposed operations to enable TDD synchronization."}}},{"rowIdx":44,"cells":{"file_name":{"kind":"string","value":"title-47_68.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 68—CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK Authority: 47 U.S.C. 154 , 303 , 610 . Subpart A—General Authority: Secs. 4, 5, 303, 710, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 , 610 ). Source: 45 FR 20841 , Mar. 31, 1980, unless otherwise noted. § 68.1 Purpose. The purpose of the rules and regulations in this part is to provide for uniform standards for the protection of the telephone network from harms caused by the connection of terminal equipment and associated wiring thereto, and for the compatibility of hearing aids and telephones so as to ensure that, to the fullest extent made possible by technology and medical science, people with hearing loss have equal access to the national telecommunications network, including advanced communications services. [ 83 FR 8632 , Feb. 28, 2018] § 68.2 Scope. ( a ) Except as provided in paragraphs (b) and (c) of this section, and excluding subpart F, which applies only to ACS telephonic CPE, the rules and regulations of this part apply to direct connection of all terminal equipment to the public switched telephone network for use in conjunction with all services other than party line services. Sections 68.4, 68.5, 68.6, 68.112, 68.160, 68.162, 68.316, and 68.317, and other sections to the extent they are made applicable by subpart F of this part , also apply to ACS and ACS telephonic CPE that is manufactured in the United States or imported for use in the United States on or after February 28, 2020. ( b ) National defense and security. Where the Secretary of Defense or authorized agent or the head of any other governmental department, agency, or administration (approved in writing by the Commission to act pursuant to this rule) or authorized representative, certifies in writing to the appropriate common carrier that compliance with the provisions of part 68 could result in the disclosure of communications equipment or security devices, locations, uses, personnel, or activity which would adversely affect the national defense and security, such equipment or security devices may be connected to the telephone company provided communications network without compliance with this part, provided that each written certification states that: ( 1 ) The connection is required in the interest of national defense and security; ( 2 ) The equipment or device to be connected either complies with the technical criteria pertaining thereto or will not cause harm to the nationwide telephone network or to employees of any provider of wireline telecommunications; and ( 3 ) The installation is performed by well-trained, qualified employees under the responsible supervision and control of a person who is a licensed professional engineer in the jurisdiction in which the installation is performed. ( c ) Governmental departments, agencies, or administrations that wish to qualify for interconnection of equipment or security devices pursuant to this section shall file a request with the Secretary of this Commission stating the reasons why the exemption is requested. A list of these departments, agencies, or administrations that have filed requests shall be published in the Federal Register. The Commission may take action with respect to those requests 30 days after publication. The Commission action shall be published in the Federal Register. However, the Commission may grant, on less than the normal notice period or without notice, special temporary authority, not to exceed 90 days, for governmental departments, agencies, or administrations that wish to qualify for interconnection of equipment or security devices pursuant to this section. Requests for such authority shall state the particular fact and circumstances why authority should be granted on less than the normal notice period or without notice. In such cases, the Commission shall endeavor to publish its disposition as promptly as possible in the Federal Register. [ 66 FR 7580 , Jan. 24, 2001, as amended at 83 FR 8632 , Feb. 28, 2018] § 68.3 Definitions. As used in this part: ACS telephonic CPE. Customer premises equipment used with advanced communications services that is designed to provide 2-way voice communication via a built-in speaker intended to be held to the ear in a manner functionally equivalent to a telephone, except for mobile handsets. Advanced communications services. Interconnected VoIP service, non-interconnected VoIP service, electronic messaging service, and interoperable video conferencing service. Demarcation point (also point of interconnection). As used in this part, the point of demarcation and/or interconnection between the communications facilities of a provider of wireline telecommunications, and terminal equipment, protective apparatus or wiring at a subscriber's premises. Essential telephones. Only coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids. Harm. Electrical hazards to the personnel of providers of wireline telecommunications, damage to the equipment of providers of wireline telecommunications, malfunction of the billing equipment of providers of wireline telecommunications, and degradation of service to persons other than the user of the subject terminal equipment, his calling or called party. Hearing aid compatible. Except as used at §§ 68.4(a)(3) and 68.414 , and subpart F of this part the terms hearing aid compatible or hearing aid compatibility are used as defined in § 68.316 , unless it is specifically stated that hearing aid compatibility volume control, as defined in § 68.317 , is intended or is included in the definition. Inside wiring or premises wiring. Customer-owned or controlled wire on the subscriber's side of the demarcation point. Premises. As used herein, generally a dwelling unit, other building or a legal unit of real property such as a lot on which a dwelling unit is located, as determined by the provider of telecommunications service's reasonable and nondiscriminatory standard operating practices. Private radio services. Private land mobile radio services and other communications services characterized by the Commission in its rules as private radio services. Public mobile services. Air-to-ground radiotelephone services, cellular radio telecommunications services, offshore radio, rural radio service, public land mobile telephone service, and other common carrier radio communications services covered by part 22 of Title 47 of the Code of Federal Regulations . Responsible party. The party or parties responsible for the compliance of terminal equipment or protective circuitry intended for connection directly to the public switched telephone network, or of ACS telephonic CPE, with the applicable rules and regulations in this part and with any applicable technical criteria published by the Administrative Council for Terminal Attachments. If a Telecommunications Certification Body certifies the terminal equipment or ACS telephonic CPE, the responsible party is the holder of the certificate for that equipment. If the terminal equipment or ACS telephonic CPE is the subject of a Supplier's Declaration of Conformity, the responsible party shall be: The manufacturer of the equipment, or the manufacturer of protective circuitry that is marketed for use with terminal equipment that is not to be connected directly to the network, or if the equipment is imported, the importer, or if the equipment is assembled from individual component parts, the assembler. If the equipment is modified by any party not working under the authority of the responsible party, the party performing the modifications, if located within the U.S., or the importer, if the equipment is imported subsequent to the modifications, becomes the new responsible party. Retailers or original equipment manufacturers may enter into an agreement with the assembler or importer to assume the responsibilities to ensure compliance of the terminal equipment or ACS telephonic CPE and to become the responsible party. Secure telephones. Telephones that are approved by the United States Government for the transmission of classified or sensitive voice communications. Terminal equipment. As used in this part, communications equipment located on customer premises at the end of a communications link, used to permit the stations involved to accomplish the provision of telecommunications or information services. [ 66 FR 7581 , Jan. 24, 2001, as amended at 83 FR 8632 , Feb. 28, 2018] § 68.4 Hearing aid-compatible telephones. ( a ) ( 1 ) Except for telephones used with public mobile services, telephones used with private radio services, and cordless and secure telephones, every telephone manufactured in the United States (other than for export) or imported for use in the United States after August 16, 1989, must be hearing aid compatible, as defined in § 68.316 . Every cordless telephone manufactured in the United States (other than for export) or imported into the United States after August 16, 1991, must be hearing aid compatible, as defined in § 68.316 . ( 2 ) Unless otherwise stated and except for telephones used with public mobile services, telephones used with private radio services and secure telephones, every telephone listed in § 68.112 must be hearing aid compatible, as defined in § 68.316 . ( 3 ) A telephone is hearing aid-compatible if it provides internal means for effective use with hearing aids that are designed to be compatible with telephones which meet established technical standards for hearing aid compatibility. ( 4 ) The Commission shall revoke or otherwise limit the exemptions of paragraph (a)((1) of this section for telephones used with public mobile services or telephones used with private radio services if it determines that ( i ) such revocation or limitation is in the public interest; ( ii ) continuation of the exemption without such revocation or limitation would have an adverse effect on hearing-impaired individuals; ( iii ) compliance with the requirements of § 68.4(a)(1) is technologically feasible for the telephones to which the exemption applies; and ( iv ) compliance with the requirements of § 68.4(a)(1) would not increase costs to such an extent that the telephones to which the exemption applies could not be successfully marketed. [ 54 FR 21430 , May 18, 1989, as amended at 55 FR 28763 , July 13, 1990; 57 FR 27183 , June 18, 1992; 61 FR 42186 , Aug. 14, 1996] § 68.5 Waivers. The Commission may, upon the application of any interested person, initiate a proceeding to waive the requirements of § 68.4(a)(1) with respect to new telephones, or telephones associated with a new technology or service. The Commission shall not grant such a waiver unless it determines, on the basis of evidence in the record of such proceeding, that such telephones, or such technology or service, are in the public interest, and that (a) compliance with the requirements of § 68.4(a)(1) is technologically infeasible, or (b) compliance with such requirements would increase the costs of the telephones, or of the technology or service, to such an extent that such telephones, technology, or service could not be successfully marketed. In any proceeding under this section to grant a waiver from the requirements of § 68.4(a)(1) , the Commission shall consider the effect on hearing-impaired individuals of granting the waiver. The Commission shall periodically review and determine the continuing need for any waiver granted pursuant to this section. [ 54 FR 21430 , May 18, 1989] § 68.6 Telephones with volume control. As of January 1, 2000, all telephones, including cordless telephones, as defined in § 15.3(j) of this chapter , manufactured in the United States (other than for export) or imported for use in the United States, must have volume control in accordance with § 68.317 . Secure telephones, as defined by § 68.3 are exempt from this section, as are telephones used with public mobile services or private radio services. [ 62 FR 43484 , Aug. 14, 1997] § 68.7 Technical criteria for terminal equipment. ( a ) Terminal equipment shall not cause harm, as defined in § 68.3 , to the public switched telephone network. ( b ) Technical criteria published by the Administrative Council for Terminal Attachments are the presumptively valid technical criteria for the protection of the public switched telephone network from harms caused by the connection of terminal equipment, subject to the appeal procedures in § 68.614 of this part . [ 66 FR 7581 , Jan. 24, 2001] Subpart B—Conditions on Use of Terminal Equipment § 68.100 General. In accordance with the rules and regulations in this part, terminal equipment may be directly connected to the public switched telephone network, including private line services provided over wireline facilities that are owned by providers of wireline telecommunications. [ 66 FR 7581 , Jan. 24, 2001] § 68.102 Terminal equipment approval requirement. Terminal equipment must be approved in accordance with the rules and regulations in subpart C of this part , or connected through protective circuitry that is approved in accordance with the rules and regulations in subpart C. [ 66 FR 7582 , Jan. 24, 2001] § 68.105 Minimum point of entry (MPOE) and demarcation point. ( a ) Facilities at the demarcation point. Carrier-installed facilities at, or constituting, the demarcation point shall consist of wire or a jack conforming to the technical criteria published by the Administrative Council for Terminal Attachments. ( b ) Minimum point of entry. The “minimum point of entry” (MPOE) as used herein shall be either the closest practicable point to where the wiring crosses a property line or the closest practicable point to where the wiring enters a multiunit building or buildings. The reasonable and nondiscriminatory standard operating practices of the provider of wireline telecommunications services shall determine which shall apply. The provider of wireline telecommunications services is not precluded from establishing reasonable classifications of multiunit premises for purposes of determining which shall apply. Multiunit premises include, but are not limited to, residential, commercial, shopping center and campus situations. ( c ) Single unit installations. For single unit installations existing as of August 13, 1990, and installations installed after that date the demarcation point shall be a point within 30 cm (12 in) of the protector or, where there is no protector, within 30 cm (12 in) of where the telephone wire enters the customer's premises, or as close thereto as practicable. ( d ) Multiunit installations. ( 1 ) In multiunit premises existing as of August 13, 1990, the demarcation point shall be determined in accordance with the local carrier's reasonable and non-discriminatory standard operating practices. Provided, however, that where there are multiple demarcation points within the multiunit premises, a demarcation point for a customer shall not be further inside the customer's premises than a point twelve inches from where the wiring enters the customer's premises, or as close thereto as practicable. ( 2 ) In multiunit premises in which wiring is installed, including major additions or rearrangements of wiring existing prior to that date, the provider of wireline telecommunications may place the demarcation point at the minimum point of entry (MPOE). If the provider of wireline telecommunications services does not elect to establish a practice of placing the demarcation point at the minimum point of entry, the multiunit premises owner shall determine the location of the demarcation point or points. The multiunit premises owner shall determine whether there shall be a single demarcation point location for all customers or separate such locations for each customer. Provided, however, that where there are multiple demarcation points within the multiunit premises, a demarcation point for a customer shall not be further inside the customer's premises than a point 30 cm (12 in) from where the wiring enters the customer's premises, or as close thereto as practicable. At the time of installation, the provider of wireline telecommunications services shall fully inform the premises owner of its options and rights regarding the placement of the demarcation point or points and shall not attempt to unduly influence that decision for the purpose of obstructing competitive entry. ( 3 ) In any multiunit premises where the demarcation point is not already at the MPOE, the provider of wireline telecommunications services must comply with a request from the premises owner to relocate the demarcation point to the MPOE. The provider of wireline telecommunications services must negotiate terms in good faith and complete the negotiations within forty-five days from said request. Premises owners may file complaints with the Commission for resolution of allegations of bad faith bargaining by provider of wireline telecommunications services. See 47 U.S.C. 208 , 47 CFR 1.720 through 1.740 . ( 4 ) The provider of wireline telecommunications services shall make available information on the location of the demarcation point within ten business days of a request from the premises owner. If the provider of wireline telecommunications services does not provide the information within that time, the premises owner may presume the demarcation point to be at the MPOE. Notwithstanding the provisions of § 68.110(b) , provider of wireline telecommunications services must make this information freely available to the requesting premises owner. ( 5 ) In multiunit premises with more than one customer, the premises owner may adopt a policy restricting a customer's access to wiring on the premises to only that wiring located in the customer's individual unit that serves only that particular customer. [ 66 FR 7582 , Jan. 24, 2001; 67 FR 60167 , Sept. 25, 2002; 83 FR 31677 , July 9, 2018; 83 FR 44843 , Sept. 4, 2018] § 68.106 Notification to provider of wireline telecommunications. ( a ) General. Customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications, inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on the terminal equipment pursuant to § 68.354 of this part by the Administrative Council for Terminal Attachments. ( b ) Systems assembled of combinations of individually-approved terminal equipment and protective circuitry. Customers connecting such assemblages to the public switched telephone network shall, upon the request of the provider of wireline telecommunications, provide to the provider of wireline telecommunications the following information: For each line: ( 1 ) Information required for compatible operation of the equipment with the communications facilities of the provider of wireline telecommunications; ( 2 ) The identifying information required to be placed on terminal equipment pursuant to § 68.354 for all equipment dedicated to that line; and ( 3 ) Any other information regarding equipment dedicated to that line required to be placed on the terminal equipment by the Administrative Council for Terminal Attachments. ( 4 ) A list of identifying numbers required to be placed on terminal equipment, if any, by the Administrative Council for Terminal Attachments, pursuant to § 68.354 of this part , for equipment to be used in the system. ( c ) Systems using other than “fully protected” premises wiring. Customers who intend to connect premises wiring other than “fully protected” premises wiring to the public switched telephone network shall, in addition to the foregoing, give notice to the provider of wireline telecommunications in accordance with § 68.215(e) . [ 66 FR 7582 , Jan. 24, 2001] § 68.108 Incidence of harm. Should terminal equipment, inside wiring, plugs and jacks, or protective circuitry cause harm to the public switched telephone network, or should the provider of wireline telecommunications reasonably determine that such harm is imminent, the provider of wireline telecommunications shall, where practicable, notify the customer that temporary discontinuance of service may be required; however, wherever prior notice is not practicable, the provider of wireline telecommunications may temporarily discontinue service forthwith, if such action is reasonable under the circumstances. In case of such temporary discontinuance, the provider of wireline telecommunications shall: ( a ) Promptly notify the customer of such temporary discontinuance; ( b ) Afford the customer the opportunity to correct the situation which gave rise to the temporary discontinuance; and ( c ) Inform the customer of his right to bring a complaint to the Commission pursuant to the procedures set forth in subpart E of this part . [ 55 FR 28630 , July 12, 1990, as amended at 66 FR 7583 , Jan. 24, 2001] § 68.110 Compatibility of the public switched telephone network and terminal equipment. ( a ) Availability of interface information. Technical information concerning interface parameters not specified by the technical criteria published by the Administrative Council for Terminal Attachments, that are needed to permit terminal equipment to operate in a manner compatible with the communications facilities of a provider of wireline telecommunications, shall be provided by the provider of wireline telecommunications upon request. ( b ) Availability of inside wiring information. Any available technical information concerning wiring on the customer side of the demarcation point, including copies of existing schematic diagrams and service records, shall be provided by the provider of wireline telecommunications upon request of the building owner or agent thereof. The provider of wireline telecommunications may charge the building owner a reasonable fee for this service, which shall not exceed the cost involved in locating and copying the documents. In the alternative, the provider of wireline telecommunications may make these documents available for review and copying by the building owner. In this case, the provider of wireline telecommunications may charge a reasonable fee, which shall not exceed the cost involved in making the documents available, and may also require the building owner to pay a deposit to guarantee the documents' return. [ 66 FR 7583 , Jan. 24, 2001, as amended at 83 FR 31677 , July 9, 2018] § 68.112 Hearing aid-compatibility. ( a ) Coin telephones. All new and existing coin-operated telephones, whether located on public property or in a semi-public location (e.g., drugstore, gas station, private club). ( b ) Emergency use telephones. Telephones “provided for emergency use” include the following: ( 1 ) Telephones, except headsets, in places where a person with a hearing disability might be isolated in an emergency, including, but not limited to, elevators, highways, and tunnels for automobile, railway or subway, and workplace common areas. Note to paragraph ( b )(1): Examples of workplace common areas include libraries, reception areas and similar locations where employees are reasonably expected to congregate. ( 2 ) Telephones specifically installed to alert emergency authorities, including, but not limited to, police or fire departments or medical assistance personnel. ( 3 ) Telephones, except headsets, in workplace non-common areas. Note: Examples of workplace non-common areas include private enclosed offices, open area individual work stations and mail rooms. Such non-common area telephones are required to be hearing aid compatible, as defined in § 68.316 , by January 1, 2000, except for those telephones located in establishments with fewer than fifteen employees; and those telephones purchased between January 1, 1985 through December 31, 1989, which are not required to be hearing aid compatible, as defined in § 68.316 , until January 1, 2005. ( i ) Telephones, including headsets, made available to an employee with a hearing disability for use by that employee in his or her employment duty, shall, however, be hearing aid compatible, as defined in § 68.316 . ( ii ) As of January 1, 2000 or January 1, 2005, whichever date is applicable, there shall be a rebuttable presumption that all telephones located in the workplace are hearing aid compatible, as defined in § 68.316 . Any person who identifies a telephone as non-hearing aid-compatible, as defined in § 68.316 , may rebut this presumption. Such telephone must be replaced within fifteen working days with a hearing aid compatible telephone, as defined in § 68.316 , including, on or after January 1, 2000, with volume control, as defined in § 68.317 . ( iii ) Telephones, not including headsets, except those headsets furnished under paragraph (b)(3)(i) of this section, that are purchased, or replaced with newly acquired telephones, must be: ( A ) Hearing aid compatible, as defined in § 68.316 , after October 23, 1996; and ( B ) Include volume control, as defined in § 68.317 , on or after January 1, 2000. ( iv ) When a telephone under paragraph (b)(3)(iii) of this section is replaced with a telephone from inventory existing before October 23, 1996, any person may make a bona fide request that such telephone be hearing aid compatible, as defined in § 68.316 . If the replacement occurs on or after January 1, 2000, the telephone must have volume control, as defined in § 68.317 . The telephone shall be provided within fifteen working days. ( v ) During the period from October 23, 1996, until the applicable date of January 1, 2000 or January 1, 2005, workplaces of fifteen or more employees also must provide and designate telephones for emergency use by employees with hearing disabilities through one or more of the following means: ( A ) By having at least one coin-operated telephone, one common area telephone or one other designated hearing aid compatible telephone within a reasonable and accessible distance for an individual searching for a telephone from any point in the workplace; or ( B ) By providing wireless telephones that meet the definition for hearing aid compatible for wireline telephones, as defined in § 68.316 , for use by employees in their employment duty outside common areas and outside the offices of employees with hearing disabilities. ( 4 ) All credit card operated telephones, whether located on public property or in a semipublic location (e.g., drugstore, gas station, private club), unless a hearing aid compatible (as defined in § 68.316 ) coin-operated telephone providing similar services is nearby and readily available. However, regardless of coin-operated telephone availability, all credit card operated telephones must be made hearing aid-compatible, as defined in § 68.316 , when replaced, or by May 1, 1991, which ever comes sooner. ( 5 ) Telephones needed to signal life threatening or emergency situations in confined settings, including but not limited to, rooms in hospitals, residential health care facilities for senior citizens, and convalescent homes: ( i ) A telephone that is hearing aid compatible, as defined in § 68.316 , is not required until: ( A ) November 1, 1997, for establishments with fifty or more beds, unless replaced before that time; and ( B ) November 1, 1998, for all other establishments with fewer than fifty beds, unless replaced before that time. ( ii ) Telephones that are purchased, or replaced with newly acquired telephones, must be: ( A ) Hearing aid compatible, as defined in § 68.116 , after October 23, 1996; and ( B ) Include volume control, as defined in § 68.317 , on or after January 1, 2000. ( iii ) Unless a telephone in a confined setting is replaced pursuant to paragraph (b)(5)(ii) of this section, a hearing aid compatible telephone shall not be required if: ( A ) A telephone is both purchased and maintained by a resident for use in that resident's room in the establishment; or ( B ) The confined setting has an alternative means of signalling life-threatening or emergency situations that is available, working and monitored. ( 6 ) Telephones in hotel and motel guest rooms, and in any other establishment open to the general public for the purpose of overnight accommodation for a fee. Such telephones are required to be hearing aid compatible, as defined in § 68.316 , except that, for establishments with eighty or more guest rooms, the telephones are not required to be hearing aid compatible, as defined in § 68.316 , until November 1, 1998; and for establishments with fewer than eighty guest rooms, the telephones are not required to be hearing aid compatible, as defined in § 68.316 , until November 1, 1999. ( i ) Anytime after October 23, 1996, if a hotel or motel room is renovated or newly constructed, or the telephone in a hotel or motel room is replaced or substantially, internally repaired, the telephone in that room must be: ( A ) Hearing aid compatible, as defined in § 68.316 , after October 23, 1996; and ( B ) Include volume control, as defined in § 68.317 , on or after January 1, 2000. ( ii ) The telephones in at least twenty percent of the guest rooms in a hotel or motel must be hearing aid compatible, as defined in § 68.316 , as of April 1, 1997. ( iii ) Notwithstanding the requirements of paragraph (b)(6) of this section, hotels and motels which use telephones purchased during the period January 1, 1985 through December 31, 1989 may provide telephones that are hearing aid compatible, as defined in § 68.316 , in guest rooms according to the following schedule: ( A ) The telephones in at least twenty percent of the guest rooms in a hotel or motel must be hearing aid compatible, as defined in § 68.316 , as of April 1, 1997; ( B ) The telephones in at least twenty-five percent of the guest rooms in a hotel or motel must be hearing aid compatible, as defined in § 68.316 , by November 1, 1999; and ( C ) The telephones in one-hundred percent of the guest rooms in a hotel or motel must be hearing aid compatible, as defined in § 68.316 , by January 1, 2001 for establishments with eighty or more guest rooms, and by January 1, 2004 for establishments with fewer than eighty guest rooms. ( c ) Telephones frequently needed by the hearing impaired. Closed circuit telephones, i.e., telephones which cannot directly access the public switched network, such as telephones located in lobbies of hotels or apartment buildings; telephones in stores which are used by patrons to order merchandise; telephones in public transportation terminals which are used to call taxis or to reserve rental automobiles, need not be hearing aid compatible, as defined in § 68.316 , until replaced. [ 49 FR 1362 , Jan. 11, 1984, as amended at 55 FR 28763 , July 13, 1990; 57 FR 27183 , June 18, 1992; 61 FR 42186 , Aug. 14, 1996; 61 FR 42392 , Aug. 15, 1996; 62 FR 43484 , Aug. 14, 1997; 62 FR 51064 , Sep. 30, 1997] § 68.160 Designation of Telecommunication Certification Bodies (TCBs). ( a ) The Commission may recognize designated Telecommunication Certification Bodies (TCBs) which have been designated according to the requirements of paragraphs (b) or (c) of this section to certify equipment as required under this part. Certification of equipment by a TCB shall be based on an application with all the information specified in this part. The TCB shall process the application to determine compliance with the Commission's requirements and shall issue a written grant of equipment authorization. The grant shall identify the approving TCB and the Commission as the issuing authority. ( b ) In the United States, TCBs shall be accredited and designated by the National Institute of Standards and Technology (NIST) under its National Voluntary Conformity Assessment Evaluation (NVCASE) program, or other recognized programs based on ISO/IEC 17065:2012, to comply with the Commission's qualification criteria for TCBs. NIST may, in accordance with its procedures, allow other appropriately qualified accrediting bodies to accredit TCBs. TCBs shall comply with the requirements in § 68.162 of this part . ( c ) In accordance with the terms of an effective bilateral or multilateral mutual recognition agreement or arrangement (MRA) to which the United States is a party, bodies outside the United States shall be permitted to authorize equipment in lieu of the Commission. A body in an MRA partner economy may authorize equipment to U.S. requirements only if that economy permits bodies in the United States to authorize equipment to its requirements. The authority designating these telecommunication certification bodies shall meet the following criteria. ( 1 ) The organization accrediting the prospective telecommunication certification body shall be capable of meeting the requirements and conditions of ISO/IEC 17011:2004. ( 2 ) The organization assessing the telecommunication certification body shall appoint a team of qualified experts to perform the assessment covering all of the elements within the scope of accreditation. For assessment of telecommunications equipment, the areas of expertise to be used during the assessment shall include, but not be limited to, electromagnetic compatibility and telecommunications equipment (wired and wireless). ( d ) Incorporation by reference. ( 1 ) The material listed in this paragraph (d) is incorporated by reference in this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the FCC must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the source in paragraph (d)(2) of this section. ( 2 ) International Electrotechnical Commission (IEC), IEC Central Office, 3, rue de Varembe, CH-1211 Geneva 20, Switzerland, Email: inmail@iec.ch , www.iec.ch or International Organization for Standardization (ISO), 1, ch. De la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; www.iso.org ; Tel.: + 41 22 749 01 11; Fax: + 41 22 733 34 30; email: central@iso.org . (ISO publications can also be purchased from the American National Standards Institute (ANSI) through its NSSN operation ( www.nssn.org ), at Customer Service, American National Standards Institute, 25 West 43rd Street, New York, NY 10036, telephone (212) 642-4900.) ( i ) ISO/IEC 17011:2004(E), “Conformity assessment—General requirements for accreditation bodies accrediting conformity assessment bodies,” First Edition, 2004-09-01, IBR approved for § 68.160(c) . ( ii ) ISO/IEC 17065:2012(E), “Conformity assessment—Requirements for bodies certifying products, processes and services,” First Edition, 2012-09-15. [ 64 FR 4997 , Feb. 2, 1999, as amended at 80 FR 33447 , June 12, 2015; 85 FR 64408 , Oct. 13, 2020; 88 FR 21445 , Apr. 10, 2023] § 68.162 Requirements for Telecommunication Certification Bodies. ( a ) Telecommunication certification bodies (TCBs) designated by the National Institute of Standards and Technology (NIST), or designated by another authority pursuant to an bilateral or multilateral mutual recognition agreement or arrangement to which the United States is a party, shall comply with the following requirements. ( b ) Certification methodology. ( 1 ) The certification system shall be based on type testing as identified in ISO/IEC 17065. ( 2 ) Certification shall normally be based on testing no more than one unmodified representative sample of each product type for which certification is sought. Additional samples may be requested if clearly warranted, such as when certain tests are likely to render a sample inoperative. ( c ) Criteria for designation. ( 1 ) To be designated as a TCB under this section, an entity shall, by means of accreditation, meet all the appropriate specifications in ISO/IEC 17065 for the scope of equipment it will certify. The accreditation shall specify the group of equipment to be certified and the applicable regulations for product evaluation. ( 2 ) The TCB shall demonstrate expert knowledge of the regulations for each product with respect to which the body seeks designation. Such expertise shall include familiarity with all applicable technical regulations, administrative provisions or requirements, as well as the policies and procedures used in the application thereof. ( 3 ) The TCB shall have the technical expertise and capability to test the equipment it will certify and shall also be accredited in accordance with ISO/IEC 17025 to demonstrate it is competent to perform such tests. ( 4 ) The TCB shall demonstrate an ability to recognize situations where interpretations of the regulations or test procedures may be necessary. The appropriate key certification and laboratory personnel shall demonstrate knowledge of how to obtain current and correct technical regulation interpretations. The competence of the telecommunication certification body shall be demonstrated by assessment. The general competence, efficiency, experience, familiarity with technical regulations and products included in those technical regulations, as well as compliance with applicable parts of the ISO/IEC 17025 and ISO/IEC 17065 shall be taken into consideration. ( 5 ) A TCB shall participate in any consultative activities, identified by the Commission or NIST, to facilitate a common understanding and interpretation of applicable regulations. ( 6 ) The Commission will provide public notice of specific elements of these qualification criteria that will be used to accredit TCBs. ( d ) External resources. ( 1 ) In accordance with the provisions of ISO/IEC 17065 the evaluation of a product, or a portion thereof, may be performed by bodies that meet the applicable requirements of ISO/IEC 17025 and ISO/IEC 17065, in accordance with the applicable provisions of ISO/IEC 17065, for external resources (outsourcing) and other relevant standards. Evaluation is the selection of applicable requirements and the determination that those requirements are met. Evaluation may be performed by using internal TCB resources or external (outsourced) resources. ( 2 ) A recognized TCB shall not outsource review and certification decision activities. ( 3 ) When external resources are used to provide the evaluation function, including the testing of equipment subject to certification, the TCB shall be responsible for the evaluation and shall maintain appropriate oversight of the external resources used to ensure reliability of the evaluation. Such oversight shall include periodic audits of products that have been tested and other activities as required in ISO/IEC 17065 when a certification body uses external resources for evaluation. ( e ) Recognition of TCBs. ( 1 ) ( i ) The Commission will recognize as a TCB any organization that meets the qualification criteria and is accredited and designated by NIST or its recognized accreditor as provided in § 68.160(b) . ( ii ) The Commission will recognize as a TCB any organization outside the United States that meets the qualification criteria and is designated pursuant to an bilateral or multilateral Mutual Recognition Agreement (MRA) as provided in § 68.160(c) . ( 2 ) The Commission will withdraw the recognition of a TCB if the TCB's accreditation or designation by NIST or its recognized accreditor is withdrawn, if the Commission determines there is just cause for withdrawing the recognition, or if the TCB requests that it no longer hold the recognition. The Commission will limit the scope of equipment that can be certified by a TCB if its accreditor limits the scope of its accreditation or if the Commission determines there is good cause to do so. The Commission will notify a TCB in writing of its intention to withdraw or limit the scope of the TCB's recognition and provide a TCB with at least 60 day notice of its intention to withdraw the recognition and provide the TCB with an opportunity to respond. In the case of a TCB designated and recognized pursuant to an bilateral or multilateral MRA, the Commission shall consult with the Office of United States Trade Representative (USTR), as necessary, concerning any disputes arising under an MRA for compliance with the Telecommunications Trade Act of 1988 (Section 1371-1382 of the Omnibus Trade and Competitiveness Act of 1988). ( 3 ) The Commission may request that a TCB's Designating Authority or accreditation body investigate and take appropriate corrective actions as required, when it has concerns or evidence that the TCB is not certifying equipment in accordance with Commission rules or ACTA requirements, and the Commission may initiate action to limit or withdraw the recognition of the TCB. ( 4 ) If the Commission withdraws the recognition of a TCB, all certifications issued by that TCB will remain valid unless specifically revoked by the Commission. ( 5 ) A list of recognized TCBs will be published by the Commission. ( f ) Scope of responsibility. ( 1 ) TCBs shall certify equipment in accordance with the Commission's rules and policies. ( 2 ) A TCB shall accept test data from any source, subject to the requirements in ISO/IEC 17065 and shall not unnecessarily repeat tests. ( 3 ) TCBs may establish and assess fees for processing certification applications and other tasks as required by the Commission. ( 4 ) A TCB may rescind a grant of certification within 30 days of grant for administrative errors. After that time, a grant can only be revoked by the Commission. A TCB shall notify both the applicant and the Commission when a grant is rescinded. ( 5 ) A TCB may not: ( i ) Grant a waiver of Commission rules or technical criteria published by the Administrative Council, or certify equipment for which Commission rules or requirements, or technical criteria do not exist, or for which the application of the rules or requirements, or technical criteria is unclear. ( ii ) Take enforcement actions. ( 6 ) All TCB actions are subject to Commission review. ( g ) Post-certification requirements. ( 1 ) A Telecommunications Certification Body shall supply a copy of each approved application form and grant of certification to the Administrative Council for Terminal Attachments. ( 2 ) In accordance with ISO/IEC 17065 a TCB is required to conduct appropriate surveillance activities. These activities shall be based on type testing a few samples of the total number of product types which the certification body has certified. Other types of surveillance activities of a product that has been certified are permitted provided they are no more onerous than testing type. The Commission may at any time request a list of products certified by the certification body and may request and receive copies of product evaluation reports. The Commission may also request that a TCB perform post-market surveillance, under Commission guidelines, of a specific product it has certified. ( 3 ) The Commission may request that a grantee of equipment certification submit a sample directly to the TCB that performed the original certification for evaluation. Any equipment samples requested by the Commission and tested by a TCB will be counted toward the minimum number of samples that the TCB must test. ( 4 ) A TCBs may request samples of equipment that they have certified directly from the grantee of certification. ( 5 ) If during, post-market surveillance of a certified product, a certification body determines that a product fails to comply with the applicable technical regulations, the certification body shall immediately notify the grantee and the Commission. The TCB shall provide a follow-up report to the Commission within 30 days of reporting the non-compliance by the grantee to describe the resolution or plan to resolve the situation. ( 6 ) Where concerns arise, the TCB shall provide a copy of the application file to the Commission within 30 calendar days of a request for the file made by the Commission to the TCB and the manufacturer. Where appropriate, the file should be accompanied by a request for confidentiality for any material that may qualify for confidential treatment under the Commission's rules. If the application file is not provided within 30 calendar days, a statement shall be provided to the Commission as to why it cannot be provided. ( h ) In the case of a dispute with respect to designation or recognition of a TCB and the testing or certification of products by a TCB, the Commission will be the final arbiter. Manufacturers and recognized TCBs will be afforded at least 60 days to comment before a decision is reached. In the case of a TCB designated or recognized, or a product certified pursuant to an bilateral or multilateral mutual recognition agreement or arrangement (MRA) to which the United States is a party, the Commission may limit or withdraw its recognition of a TCB designated by an MRA party and revoke the Certification of products using testing or certification provided by such a TCB. The Commission shall consult with the Office of the United States Trade Representative (USTR), as necessary, concerning any disputes arising under an MRA for compliance with under the Telecommunications Trade Act of 1988. ( i ) Incorporation by reference. The material listed in this paragraph (i) is incorporated by reference in this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the FCC must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following source in this paragraph (i) : ( 1 ) International Organization for Standardization (ISO), Ch. de Blandonnet 8, CP 401, CH-1214 Vernier, Geneva, Switzerland; phone: + 41 22 749 01 11; fax: + 41 22 749 09 47; email: central@iso.org ; website: www.iso.org . ( i ) ISO/IEC 17025:2017(E), General requirements for the competence of testing and calibration laboratories, Third Edition, November 2017. ( ii ) ISO/IEC 17065:2012(E), Conformity assessment—Requirements for bodies certifying products, processes and services, First Edition, 2012-09-15. ( 2 ) [Reserved] Note 1 to paragraph (i): The standards listed in paragraphs (i) of this section are also available from the American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; phone (212) 642-4980; email info@ansi.org ; website: https://webstore.ansi.org/ . [ 64 FR 4998 , Feb. 2, 1999, as amended at 66 FR 27601 , May 18, 2001; 67 FR 57182 , Sept. 9, 2002; 80 FR 33448 , June 12, 2015; 85 FR 64408 , Oct. 13, 2020; 88 FR 21445 , Apr. 10, 2023; 88 FR 67116 , Sept. 29, 2023] Subpart C—Terminal Equipment Approval Procedures § 68.201 Connection to the public switched telephone network. Terminal equipment may not be connected to the public switched telephone network unless it has either been certified by a Telecommunications Certification Body or the responsible party has followed all the procedures in this subpart for Supplier's Declaration of Conformity. [ 66 FR 7583 , Jan. 24, 2001] § 68.211 Terminal equipment approval revocation procedures. ( a ) Causes for revocation. The Commission may revoke the interconnection authorization of terminal equipment, whether that authorization was acquired through certification by a Telecommunications Certification Body or through the Supplier's Declaration of Conformity process in §§ 68.320 through 68.350 of this part , where: ( 1 ) The equipment approval is shown to have been obtained by misrepresentation; ( 2 ) The approved equipment is shown to cause harms to the public switched telephone network, as defined in § 68.3 ; ( 3 ) The responsible party willfully or repeatedly fails to comply with the terms and conditions of its equipment approval; or ( 4 ) The responsible party willfully or repeatedly fails to comply with any rule, regulation or order issued by the Commission under the Communications Act of 1934 relating to terminal equipment. ( b ) Notice of intent to revoke interconnection authority. Before revoking interconnection authority under the provisions of this section, the Commission, or the Enforcement Bureau under delegated authority, will issue a written Notice of Intent to Revoke Part 68 Interconnection Authority, or a Joint Notice of Apparent Liability for Forfeiture and Notice of Intent to Revoke Part 68 Interconnection Authority pursuant to §§ 1.80 and 1.89 of this chapter . ( c ) Delivery. The notice will be sent via certified mail to the responsible party for the terminal equipment at issue at the address provided to the Administrative Council for Terminal Attachments. ( d ) Reauthorization. A product that has had its approval revoked may not be authorized for connection to the public switched telephone network for a period of six months from the date of revocation of the approval. ( e ) Reconsideration or appeal. A responsible party of terminal equipment that has had its authorization revoked and/or that has been assessed a forfeiture may request reconsideration or make administrative appeal of the decision pursuant to part 1 of the Commission's rules: Practice and Procedure, part 1 of this chapter . [ 66 FR 7583 , Jan. 24, 2001, as amended at 67 FR 13229 , Mar. 21, 2002; 68 FR 13850 , Mar. 21, 2003] § 68.213 Installation of other than “fully protected” non-system simple customer premises wiring. ( a ) Scope of this rule. Provisions of this rule apply only to “unprotected” premises wiring used with simple installations of wiring for up to four line residential and business telephone service. More complex installations of wiring for multiple line services, for use with systems such as PBX and key telephone systems, are controlled by § 68.215 of these rules. ( b ) Wiring authorized. Unprotected premises wiring may be used to connect units of terminal equipment or protective circuitry to one another, and to carrier-installed facilities if installed in accordance with these rules. The provider of wireline telecommunications is not responsible, except pursuant to agreement between it and the customer or undertakings by it, otherwise consistent with Commission requirements, for installation and maintenance of wiring on the subscriber's side of the demarcation point, including any wire or jacks that may have been installed by the carrier. The subscriber and/or premises owner may install wiring on the subscriber's side of the demarcation point, and may remove, reconfigure, and rearrange wiring on that side of the demarcation point including wiring and wiring that may have been installed by the carrier. The customer or premises owner may not access carrier wiring and facilities on the carrier's side of the demarcation point. Customers may not access the protector installed by the provider of wireline telecommunications. All plugs and jacks used in connection with inside wiring shall conform to the published technical criteria of the Administrative Council for Terminal Attachments. In multiunit premises with more than one customer, the premises owner may adopt a policy restricting a customer's access to wiring on the premises to only that wiring located in the customer's individual unit wiring that serves only that particular customer. See § 68.105 in this part. The customer or premises owner may not access carrier wiring and facilities on the carrier's side of the demarcation point. Customers may not access the protector installed by the provider of wireline telecommunications. All plugs and jacks used in connection with inside wiring shall conform to the published technical criteria of the Administrative Council for Terminal Attachments. ( c ) Material requirements. ( 1 ) For new installations and modifications to existing installations, copper conductors shall be, at a minimum, solid, 24 gauge or larger, twisted pairs that comply with the electrical specifications for Category 3, as defined in the ANSI EIA/TIA Building Wiring Standards. ( 2 ) Conductors shall have insulation with a 1500 Volt rms minimum breakdown rating. This rating shall be established by covering the jacket or sheath with at least 15 cm (6 inches) (measured linearly on the cable) of conductive foil, and establishing a potential difference between the foil and all of the individual conductors connected together, such potential difference gradually increased over a 30 second time period to 1500 Volts rms, 60 Hertz, then applied continuously for one minute. At no time during this 90 second time interval shall the current between these points exceed 10 milliamperes peak. ( 3 ) All wire and connectors meeting the requirements set forth in paragraphs (c)(1) and (c)(2) shall be marked, in a manner visible to the consumer, with the symbol “CAT 3” or a symbol consisting of a “C” with a “3” contained within the “C” character, at intervals not to exceed one foot (12 inches) along the length of the wire. ( d ) Attestation. Manufacturers (or distributors or retailers, whichever name appears on the packaging) of non-system telephone premises wire shall attest in a letter to the Commission that the wire conforms with part 68, FCC Rules. [ 49 FR 21734 , May 23, 1984, as amended at 50 FR 29392 , July 19, 1985; 50 FR 47548 , Nov. 19, 1985; 51 FR 944 , Jan. 9, 1986; 55 FR 28630 , July 12, 1990; 58 FR 44907 , Aug. 25, 1993; 62 FR 36464 , July 8, 1997; 65 FR 4140 , Jan. 26, 2000; 66 FR 7583 , Jan. 24, 2001] § 68.214 Changes in other than “fully protected” premises wiring that serves fewer than four subscriber access lines. Operations associated with the installation, connection, reconfiguration and removal (other than final removal) of premises wiring that serves fewer than four subscriber access lines must be performed as provided in § 68.215(c) if the premises wiring is not “fully protected.” For this purpose, the supervisor and installer may be the same person. [ 66 FR 7584 , Jan. 24, 2001] § 68.215 Installation of other than “fully protected” system premises wiring that serves more than four subscriber access lines. ( a ) Types of wiring authorized — ( 1 ) Between equipment entities. Unprotected premises wiring, and protected premises wiring requiring acceptance testing for imbalance, may be used to connect separately-housed equipment entities to one another. ( 2 ) Between an equipment entity and the public switched telephone network interface(s). Fully-protected premises wiring shall be used to connect equipment entities to the public switched telephone network interface unless the provider of wireline telecommunications is unwilling or unable to locate the interface within 7.6 meters (25 feet) of the equipment entity on reasonable request. In any such case, other than fully-protected premises wiring may be used if otherwise in accordance with these rules. ( 3 ) Hardware protection as part of the facilities of the provider of wireline telecommunications. In any case where the carrier chooses to provide (and the customer chooses to accept, except as authorized under paragraph (g) of this section), hardware protection on the network side of the interface(s), the presence of such hardware protection will affect the classification of premises wiring for the purposes of § 68.215 , as appropriate. ( b ) Installation personnel. Operations associated with the installation, connection, reconfiguration and removal (other than final removal of the entire premises communications system) of other than fully-protected premises wiring shall be performed under the supervision and control of a supervisor, as defined in paragraph (c) of this section. The supervisor and installer may be the same person. ( c ) Supervision. Operations by installation personnel shall be performed under the responsible supervision and control of a person who: ( 1 ) Has had at least six months of on-the-job experience in the installation of telephone terminal equipment or of wiring used with such equipment; ( 2 ) Has been trained by the registrant of the equipment to which the wiring is to be connected in the proper performance of any operations by installation personnel which could affect that equipment's continued compliance with these rules; ( 3 ) Has received written authority from the registrant to assure that the operations by installation personnel will be performed in such a manner as to comply with these rules. ( 4 ) Or, in lieu of paragraphs (c) (1) through (3) of this section, is a licensed professional engineer in the jurisdiction in which the installation is performed. ( d ) Workmanship and material requirements — ( 1 ) General. Wiring shall be installed so as to assure that there is adequate insulation of telephone wiring from commercial power wiring and grounded surfaces. Wiring is required to be sheathed in an insulating jacket in addition to the insulation enclosing individual conductors (see below) unless located in an equipment enclosure or in an equipment room with restricted access; it shall be assured that this physical and electrical protection is not damaged or abraded during placement of the wiring. Any intentional removal of wiring insulation (or a sheath) for connections or splices shall be accomplished by removing the minimum amount of insulation necessary to make the connection or splice, and insulation equivalent to that provided by the wire and its sheath shall be suitably restored, either by placement of the splices or connections in an appropriate enclosure, or equipment rooms with restricted access, or by using adequately-insulated connectors or splicing means. ( 2 ) Wire. Insulated conductors shall have a jacket or sheath with a 1500 volt rms minimum breakdown rating, except when located in an equipment enclosure or an equipment room with restricted access. This rating shall be established by covering the jacket or sheath with at least 15 cm (6 in) (measured linearly on the cable) of conductive foil, and establishing a potential difference between the foil and all of the individual conductors connected together, such potential difference gradually increased over a 30 second time period to 1500 volts rms, 60 Hertz, then applied continuously for one minute. At no time during this 90 second time interval shall the current between these points exceed 10 milliamperes peak. ( 3 ) Places where the jacket or sheath has been removed. Any point where the jacket or sheath has been removed (or is not required) shall be accessible for inspection. If such points are concealed, they shall be accessible without disturbing permanent building finish (e.g., by removing a cover). ( 4 ) Building and electrical codes. All building and electrical codes applicable in the jurisdiction to telephone wiring shall be complied with. If there are no such codes applicable to telephone wiring, Article 800 of the 1978 National Electrical Code, entitled Communications Systems, and other sections of that Code incorporated therein by reference shall be complied with. ( 5 ) Limitations on electrical signals. Only signal sources that emanate from the provider of wireline telecommunications central office, or that are generated in equipment at the customer's premises and are “non-hazardous voltage sources” as defined in the technical criteria published by the Administrative Council for Terminal Attachments, may be routed in premises telephone wiring, except for voltages for network control signaling and supervision that are consistent with standards employed by the provider of wireline telecommunications. Current on individual wiring conductors shall be limited to values which do not cause an excessive temperature rise, with due regard to insulation materials and ambient temperatures. The following table assumes a 45 °C temperature rise for wire sizes 22 AWG or larger, and a 40 °C rise for wire sizes smaller than 22 AWG, for poly-vinyl chloride insulating materials, and should be regarded as establishing maximum values to be derated accordingly in specific installations where ambient temperatures are in excess of 25 °C: Maximum Continuous Current Capacity of PVC Insulated Copper Wire, Confined Wire size, AWG Circular mils Maximum current, amperes 32 63.2 0.32 30 100.5 0.52 28 159.8 0.83 26 254.1 1.3 24 404.0 2.1 22 642.4 5.0 20 1022 7.5 18 1624 10 Note: The total current in all conductors of multiple conductor cables may not exceed 20% of the sum of the individual ratings of all such conductors. ( 6 ) Physical protection. In addition to the general requirements that wiring insulation be adequate and not damaged during placement of the wiring, wiring shall be protected from adverse effects of weather and the environment in which it is used. Where wiring is attached to building finish surfaces (surface wiring), it shall be suitably supported by means which do not affect the integrity of the wiring insulation. ( e ) Documentation requirements. A notarized affidavit and one copy thereof shall be prepared by the installation supervisor in advance of each operation associated with the installation, connection, reconfiguration and removal of other than fully-protected premises wiring (except when accomplished functionally using a cross-connect panel), except when involved with removal of the entire premises communications system using such wiring. This affidavit and its copy shall contain the following information: ( 1 ) The responsible supervisor's full name, business address and business telephone number. ( 2 ) The name of the registrant(s) (or manufacturer(s), if grandfathered equipment is involved) of any equipment to be used electrically between the wiring and the telephone network interface, which does not contain inherent protection against hazardous voltages and longitudinal imbalance. ( 3 ) A statement as to whether the supervisor complies with § 68.215(c) . Training and authority under § 68.215(c)(2)-(3) is required from the registrant (or manufacturer, if grandfathered equipment is involved) of the first piece of equipment electrically connected to the telephone network interface, other than passive equipments such as extensions, cross-connect panels, or adapters. In general, this would be the registrant (or manufacturer) of a system's common equipment. ( 4 ) The date(s) when placement and connection of the wiring will take place. ( 5 ) The business affiliation of the installation personnel. ( 6 ) Identification of specific national and local codes which will be adhered to. ( 7 ) The manufacturer(s); a brief description of the wire which will be used (model number or type); its conformance with recognized standards for wire if any (e.g., Underwriters Laboratories listing, Rural Electrification Administration listing, “KS-” specification, etc.); and a general description of the attachment of the wiring to the structure (e.g., run in conduit or ducts exclusively devoted to telephone wiring, “fished” through walls, surface attachment, etc.). ( 8 ) The date when acceptance testing for imbalance will take place. ( 9 ) The supervisor's signature. The notarized original shall be submitted to the provider of wireline telecommunications at least ten calendar days in advance of the placement and connection of the wiring. This time period may be changed by agreement of the provider of wireline telecommunications and the supervisor. The copy shall be maintained at the premises, available for inspection, so long as the wiring is used for telephone service. ( f ) Acceptance testing for imbalance. Each telephone network interface that is connected directly or indirectly to other than fully-protected premises wiring shall be subjected to the acceptance test procedures specified in this section whenever an operation associated with the installation, connection, reconfiguration or removal of this wiring (other than final removal) has been performed. ( 1 ) Test procedure for two-way or outgoing lines or loops. A telephone instrument may be associated directly or indirectly with the line or loop to perform this test if one is not ordinarily available to it: ( i ) Lift the handset of the telephone instrument to create the off-hook state on the line or loop under test. ( ii ) Listen for noise. Confirm that there is neither audible hum nor excessive noise. ( iii ) Listen for dial tone. Confirm that dial tone is present. ( iv ) Break dial tone by dialing a digit. Confirm that dial tone is broken as a result of dialing. ( v ) With dial tone broken, listen for audible hum or excessive noise. Confirm that there is neither audible hum nor excessive noise. ( 2 ) Test procedure for incoming-only (non-originating) lines or loops. A telephone instrument may be associated directly or indirectly with the line or loop to perform this test if one is not ordinarily available to it: ( i ) Terminate the line or loop under test in a telephone instrument in the on-hook state. ( ii ) Dial the number of the line or loop under test from another station, blocking as necessary other lines or loops to cause the line or loop under test to be reached. ( iii ) On receipt of ringing on the line or loop under test, lift the handset of the telephone instrument to create the off-hook state on that line or loop. ( iv ) Listen for audible hum or excessive noise. Confirm that there is neither audible hum nor excessive noise. ( 3 ) Failure of acceptance test procedures. Absence of dial tone before dialing, inability to break dial tone, or presence of audible hum or excessive noise (or any combination of these conditions) during test of two-way or outgoing lines or loops indicates failure. Inability to receive ringing, inability to break ringing by going off-hook, or presence of audible hum or excessive noise (or any combination of these conditions) during test of incoming-only lines or loops indicates failure. Upon any such failure, the failing equipment or portion of the premises communications system shall be disconnected from the network interface, and may not be reconnected until the cause of the failure has been isolated or removed. Any previously tested lines or loops shall be retested if they were in any way involved in the isolation and removal of the cause of the failure. ( 4 ) Monitoring or participation in acceptance testing by the provider of wireline telecommunications. The provider of wireline telecommunications may monitor or participate in the acceptance testing required under this section, in accordance with § 68.215(g) of this part , from its central office test desk or otherwise. ( g ) Extraordinary procedures. The provider of wireline communications is hereby authorized to limit the subscriber's right of connecting approved terminal equipment or protective circuitry with other than fully-protected premises wiring, but solely in accordance with this paragraph and § 68.108 of these rules. ( 1 ) ( i ) Conditions that may invoke these procedures. The extraordinary procedures authorized herein may only be invoked where one or more of the following conditions is present: ( A ) Information provided in the supervisor's affidavit gives reason to believe that a violation of part 68 of the FCC's rules is likely. ( B ) A failure has occurred during acceptance testing for imbalance. ( C ) Harm has occurred, and there is reason to believe that this harm was a result of wiring operations performed under this section. ( ii ) The extraordinary procedures authorized in the following subsections shall not be used so as to discriminate between installations by provider of wireline telecommunications personnel and installations by others. In general, this requires that any charges for these procedures be levied in accordance with, or analogous to, the “maintenance of service” tariff provisions: If the installation proves satisfactory, no charge should be levied. ( 2 ) Monitoring or participation in acceptance testing for imbalance. Notwithstanding the previous sub-section, the provider of wireline telecommunications may monitor or participate in acceptance testing for imbalance at the time of the initial installation of wiring in the absence of the conditions listed therein; at any other time, on or more of the listed conditions shall be present. Such monitoring or participation in acceptance testing should be performed from the central office test desk where possible to minimize costs. ( 3 ) Inspection. Subject to paragraph (g)(1) of this section, the provider of wireline telecommunications may inspect wiring installed pursuant to this section, and all of the splicing and connection points required to be accessible by § 68.215(d)(3) to determine compliance with this section. The user or installation supervisor shall either authorize the provider of wireline telecommunications to render the splicing and inspection points visible (e.g., by removing covers), or perform this action prior to the inspection. To minimize disruption of the premises communications system, the right of inspecting is limited as follows: ( i ) During initial installation of wiring: ( A ) The provider of wireline telecommunications may require withdrawal of up to 5 percent (measured linearly) of wiring run concealed in ducts, conduit or wall spaces, to determine conformance of the wiring to the information furnished in the affidavit. ( B ) In the course of any such inspection, the provider of wireline telecommunications shall have the right to inspect documentation required to be maintained at the premises under § 68.215(e) . ( ii ) After failure of acceptance testing or after harm has resulted from installed wiring: The provider of wireline telecommunications may require withdrawal of all wiring run concealed in ducts, conduit or wall spaces which reasonably could have caused the failure or harm, to determine conformance of the wiring to the information furnished in the affidavit. ( iii ) In the course of any such inspection, the provider of wireline telecommunications shall have the right to inspect documentation required to be maintained at the premises under § 68.215(e) . ( 4 ) Requiring the use of protective apparatus. In the event that any of the conditions listed in paragraph (g)(1) of this section, arises, and is not permanently remedied within a reasonable time period, the provider of wireline telecommunications may require the use of protective apparatus that either protects solely against hazardous voltages, or that protects both against hazardous voltages and imbalance. Such apparatus may be furnished either by the provider of wireline telecommunications or by the customer. This right is in addition to the rights of the provider of wireline telecommunications under § 68.108 . ( 5 ) Notice of the right to bring a complaint. In any case where the provider of wireline telecommunications invokes the extraordinary procedures of § 68.215(g) , it shall afford the customer the opportunity to correct the situation that gave rise to invoking these procedures, and inform the customer of the right to bring a complaint to the Commission pursuant to the procedures set forth in subpart E of this part . On complaint, the Commission reserves the right to perform any of the inspections authorized under this section, and to require the performance of acceptance tests. ( h ) Limitations on the foregoing if protected wiring requiring acceptance testing is used. If protected wiring is used which required acceptance testing, the requirements in the foregoing paragraphs of § 68.215 are hereby limited, as follows: ( 1 ) Supervision. Section 68.215(c)(2)-(3) are hereby waived. The supervisor is only required to have had at least six months of on-the-job experience in the installation of telephone terminal equipment or of wiring used with such equipment. ( 2 ) Extraordinary procedures. Section 68.215(g)(3) is hereby limited to allow for inspection of exposed wiring and connection and splicing points, but not for requiring the withdrawal of wiring from wiring run concealed in ducts, conduit or wall spaces unless actual harm has occurred, or a failure of acceptance testing has not been corrected within a reasonable time. In addition, § 68.215(g)(4) is hereby waived. [ 43 FR 16499 , Apr. 19, 1978, as amended at 44 FR 7958 , Feb. 8, 1979; 47 FR 37896 , Aug. 27, 1982; 49 FR 21735 , May 23, 1984; 58 FR 44907 , Aug. 25, 1993; 66 FR 7584 , Jan. 24, 2001] § 68.218 Responsibility of the party acquiring equipment authorization. ( a ) In acquiring approval for terminal equipment to be connected to the public switched telephone network, the responsible party warrants that each unit of equipment marketed under such authorization will comply with all applicable rules and regulations of this part and with the applicable technical criteria of the Administrative Council for Terminal Attachments. ( b ) The responsible party or its agent shall provide the user of the approved terminal equipment the following: ( 1 ) Consumer instructions required to be included with approved terminal equipment by the Administrative Council for Terminal Attachments; ( 2 ) For a telephone that is not hearing aid-compatible, as defined in § 68.316 of these rules: ( i ) Notice that FCC rules prohibit the use of that handset in certain locations; and ( ii ) A list of such locations (see § 68.112 ). ( c ) When approval is revoked for any item of equipment, the responsible party must take all reasonable steps to ensure that purchasers and users of such equipment are notified to discontinue use of such equipment. [ 66 FR 7585 , Jan. 24, 2001] § 68.224 Notice of non-hearing aid compatibility. Every non-hearing aid compatible telephone offered for sale to the public on or after August 17, 1989, whether previously-registered, newly registered or refurbished shall: ( a ) Contain in a conspicuous location on the surface of its packaging a statement that the telephone is not hearing aid compatible, as is defined in §§ 68.4(a)(3) and 68.316 , or if offered for sale without a surrounding package, shall be affixed with a written statement that the telephone is not hearing aid-compatible, as defined in §§ 68.4(a)(3) and 68.316 ; and ( b ) Be accompanied by instructions in accordance with § 68.218(b)(2) . [ 54 FR 21431 , May 18, 1989, as amended at 61 FR 42187 , Aug. 14, 1996; 83 FR 8632 , Feb. 28, 2018] Subpart D—Conditions for Terminal Equipment Approval Authority: 47 U.S.C. 154 , 155 , 303 , 610 . Source: 45 FR 20853 , Mar. 31, 1980, unless otherwise noted. § 68.300 Labeling requirements. ( a ) Terminal equipment approved as set out in this part must be labeled in accordance with the requirements published by the Administrative Council for Terminal Attachments and with requirements of this part for hearing aid compatibility and volume control. ( b ) All registered telephones, including cordless telephones, as defined in § 15.3(j) of this chapter , manufactured in the United States (other than for export) or imported for use in the United States, that are hearing aid compatible, as defined in § 68.316 , shall have the letters “HAC” permanently affixed thereto. “Permanently affixed” means that the label is etched, engraved, stamped, silkscreened, indelibly printed, or otherwise permanently marked on a permanently attached part of the equipment or on a nameplate of metal, plastic, or other material fastened to the equipment by welding, riveting, or a permanent adhesive. The label must be designed to last the expected lifetime of the equipment in the environment in which the equipment may be operated and must not be readily detachable. Telephones used with public mobile services or private radio services, and secure telephones, as defined by § 68.3 , are exempt from the requirement in this paragraph (b) . [ 62 FR 61664 , Nov. 19, 1997, as amended at 64 FR 3048 , Jan. 20, 1999; 66 FR 7585 , Jan. 24, 2001; 86 FR 23629 , May 4, 2021] § 68.316 Hearing aid compatibility: Technical requirements. A telephone handset is hearing aid compatible for the purposes of this section if it complies with the following standard, published by the Telecommunications Industry Association, copyright 1983, and reproduced by permission of the Telecommunications Industry Association: Electronic Industries Association Recommended Standard RS-504 Magnetic Field Intensity Criteria for Telephone Compatibility With Hearing Aids [ Prepared by EIA Engineering Committee TR-41 and the Hearing Industries Association's Standards and Technical Committee ] Table of Contents List of Illustrations 1 INTRODUCTION 2 SCOPE 3 DEFINITIONS 4 TECHNICAL REQUIREMENTS 4.1 General 4.2 Axial Field Intensity 4.3 Radial Field Intensity 4.4 Induced Voltage Frequency Response Appendix A—Bibliography List of Illustrations Figure Number 1 Reference and Measurement Planes and Axes 2 Measurement Block Diagram 3 Probe Coil Parameters 4A Induced Voltage Frequency Response for receivers with an axial field that exceeds −19 dB 4B Induced Voltage Frequency Response for receivers with an axial field that exceeds −22 dB but is less than −19 dB Magnetic Field Intensity Criteria for Telephone Compatibility With Hearing Aids (From EIA Standards Proposal No. 1652, formulated under the cognizance of EIA TR-41 Committee on Voice Telephone Terminals and the Hearing Industries Association's Standards and Technical Committee.) 1 Introduction Hearing-aid users have used magnetic coupling to enable them to participate in telephone communications since the 1940's. Magnetic pick-ups in hearing-aids have provided for coupling to many, but not all, types of telephone handsets. A major reason for incompatibility has been the lack of handset magnetic field intensity requirements. Typically, whatever field existed had been provided fortuitously rather than by design. More recently, special handset designs, e.g., blue grommet handsets associated with public telephones, have been introduced to provide hearing-aid coupling and trials were conducted to demonstrate the acceptability of such designs. It is anticipated that there will be an increase in the number of new handset designs in the future. A standard definition of the magnetic field intensity emanating from telephone handsets intended to provide hearing-aid coupling is needed so that hearing-aid manufacturers can design their product to use this field, which will be guaranteed in handsets which comply with this standard. 1.1 This standard is one of a series of technical standards on voice telephone terminal equipment prepared by EIA Engineering Committee TR-41. This document, with its companion standards on Private Branch Exchanges (PBX), Key Telephone Systems (KTS), Telephones and Environmental and Safety Considerations (Refs: A1, A2, A3 and A4) fills a recognized need in the telephone industry brought about by the increasing use in the public telephone network of equipment supplied by numerous manufacturers. It will be useful to anyone engaged in the manufacture of telephone terminal equipment and hearing-aids and to those purchasing, operating or using such equipment or devices. 1.2 This standard is intended to be a living document, subject to revision and updating as warranted by advances in network and terminal equipment technology and changes in the FCC Rules and Regulations. 2 Scope 2.1 The purpose of this document is to establish formal criteria defining the magnetic field intensity presented by a telephone to which hearing aids can couple. The requirements are based on present telecommunications plant characteristics at the telephone interface. The telephone will also be subject to the applicable requirements of EIA RS-470, Telephone Instruments with Loop Signaling for Voiceband Applications (Ref: A3) and the environmental requirements specified in EIA Standards Project PN-1361, Environmental and Safety Considerations for Voice Telephone Terminals, when published (Ref: A4). Telephones which meet these requirements should ensure satisfactory service to users of magnetically coupled hearing-aids in a high percentage of installations, both initially and over some period of time, as the network grows and changes occur in telephone serving equipment. However, due to the wide range of customer apparatus and loop plant and dependent on the environment in which the telephone and hearing aid are used, conformance with this standard does not guarantee acceptable performance or interface compatibility under all possible operating conditions. 2.2 A telephone complies with this standard if it meets the requirements in this standard when manufactured and can be expected to continue to meet these requirements when properly used and maintained. For satisfactory service a telephone needs to be capable, through the proper selection of equipment options, of satisfying the requirements applicable to its marketing area. 2.3 The standard is intended to be in conformance with part 68 of the FCC Rules and Regulations, but it is not limited to the scope of those rules (Ref: A5). 2.4 The signal level and method of measurement in this standard have been chosen to ensure reproducible results and permit comparison of evaluations. The measured magnetic field intensity will be approximately 15 dB above the average level encountered in the field and the measured high-end frequency response will be greater than that encountered in the field. 2.5 The basic accuracy and reproducibility of measurements made in accordance with this standard will depend primarily upon the accuracy of the test equipment used, the care with which the measurements are conducted, and the inherent stability of the devices under test. 3 Definitions This section contains definitions of terms needed for proper understanding and application of this standard which are not believed to be adequately treated elsewhere. A glossary of telephone terminology, which will be published as a companion volume to the series of technical standards on Telephone Terminals For Voiceband Applications, is recommended as a general reference and for definitions not covered in this section. 3.1 A telephone is a terminal instrument which permits two-way, real-time voice communication with a distant party over a network or customer premises connection. It converts real-time voice and voiceband acoustic signals into electrical signals suitable for transmission over the telephone network and converts received electrical signals into acoustic signals. A telephone which meets the requirements of this standard also generates a magnetic field to which hearing-aids may couple. 3.2 The telephone boundaries are the electrical interface with the network, PBX or KTS and the acoustic, magnetic and mechanical interfaces with the user. The telephone may also have an electrical interface with commercial power. 3.3 A hearing aid is a personal electronic amplifying device, intended to increase the loudness of sound and worn to compensate for impaired hearing. When equipped with an optional inductive pick-up coil (commonly called a telecoil), a hearing aid can be used to amplify magnetic fields such as those from telephone receivers or induction-loop systems. 3.4 The reference plane is the planar area containing points of the receiver-end of the handset which, in normal handset use, rest against the ear (see Fig 1). 3.5 The measurement plane is parallel to, and 10 mm in front of, the reference plane (see Fig 1). 3.6 The reference axis is normal to the reference plane and passes through the center of the receiver cap (or the center of the hole array, for handset types that do not have receiver caps). 3.7 The measurement axis is parallel to the reference axis but may be displaced from that axis, by a maximum of 10 mm (see Fig 1). Within this constraint, the measurement axis may be located where the axial and radial field intensity measurements, are optimum with regard to the requirements. In a handset with a centered receiver and a circularly symmetrical magnetic field, the measurement axis and the reference axis would coincide. 4 Technical Requirements 4.1 General. These criteria apply to handsets when tested as a constituent part of a telephone. 4.1.1 Three parameters descriptive of the magnetic field at points in the measurement plane shall be used to ascertain adequacy for magnetic coupling. These three parameters are intensity, direction and frequency response, associated with the field vector. 4.1.2 The procedures for determining the parameter values are defined in the IEEE Standard Method For Measuring The Magnetic Field Intensity Around A Telephone Receiver (Ref: A6), with the exception that this EIA Recommended Standard does not require that the measurements be made using an equivalent loop of 2.75 km of No. 26 AWG cable, but uses a 1250-ohm resistor in series with the battery feed instead (see Fig 2). 4.1.3 When testing other than general purpose analog telephones, e.g., proprietary or digital telephones, an appropriate feed circuit and termination shall be used that produces equivalent test conditions. 4.2 Axial Field Intensity. When measured as specified in 4.1.2, the axial component of the magnetic field directed along the measurement axis and located at the measurement plane, shall be greater than −22 dB relative to 1 A/m, for an input of −10 dBV at 1000 Hz (see Fig 2). Note: If the magnitude of the axial component exceeds −19 dB relative to 1 A/m, some relaxation in the frequency response is permitted (See 4.4.1). 4.3 Radial Field Intensity. When measured as specified in 4.1.2, radial components of the magnetic field as measured at four points 90° apart, and at a distance ≥16 mm from the measurement axis (as selected in 4.2), shall be greater than −27 dB relative to 1 A/m, for an input of −10 dBV at 1000 Hz (see Fig 2). 4.4 Induced Voltage Frequency Response. The frequency response of the voltage induced in the probe coil by the axial component of the magnetic field as measured in 4.2, shall fall within the acceptable region of Fig 4A or Fig 4B (see 4.4.1 and 4.4.2), over the frequency range 300-to-3300 Hz. 4.4.1 For receivers with an axial component which exceeds −19 dB relative to 1 A/m, when measured as specified in 4.1.2, the frequency response shall fall within the acceptable region of Fig 4A. 4.4.2 For receivers with an axial component which is less than −19 dB but greater than −22 dB relative to 1 A/m, when measured as specified in 4.1.2, the frequency response shall fall within the acceptable region of Fig 4B. Appendix A—Bibliography (A1) EIA Standard RS-464, Private Branch Exchange (PBX) Switching Equipment for Voiceband Applications. (A2) EIA Standard RS-478, Multi-Line Key Telephone Systems (KTS) for Voiceband Applications. (A3) EIA Standard RS-470, Telephone Instruments with Loop Signaling for Voiceband Applications. (A4) EIA Project Number PN-1361, Environmental and Safety Considerations for Voice Telephone Terminals. (A5) Federal Communications Commission Rules and Regulations, part 68, Connection of Terminal Equipment to the Telephone Network. (A6) IEEE Standard, Method for Measuring the Magnetic Field arould a Telephone Receiver. (to be published) [ 49 FR 1363 , Jan. 11, 1984, as amended at 61 FR 42187 , Aug. 14, 1996] § 68.317 Hearing aid compatibility volume control: technical standards. ( a ) ( 1 ) A telephone manufactured in the United States or imported for use in the United States prior to February 28, 2020, complies with the volume control requirements of this section if it complies with: ( i ) The applicable provisions of paragraphs (b) through (g) of this section; or ( ii ) Paragraph (h) of this section. ( 2 ) A telephone manufactured in the United States or imported for use in the United States on or after February 28, 2020, complies with the volume control requirements of this section if it complies with paragraph (h) of this section. ( b ) An analog telephone complies with the Commission's volume control requirements if the telephone is equipped with a receive volume control that provides, through the receiver in the handset or headset of the telephone, 12 dB of gain minimum and up to 18 dB of gain maximum, when measured in terms of Receive Objective Loudness Rating (ROLR), as defined in paragraph 4.1.2 of ANSI/EIA-470-A-1987 (Telephone Instruments With Loop Signaling) . The 12 dB of gain minimum must be achieved without significant clipping of the test signal. The telephone also shall comply with the upper and lower limits for ROLR given in table 4.4 of ANSI/EIA-470-A-1987 when the receive volume control is set to its normal unamplified level. Note 1 to paragraph ( b ): Paragraph 4.1.2 of ANSI/EIA-470-A-1987 identifies several characteristics related to the receive response of a telephone. It is only the normal unamplified ROLR level and the change in ROLR as a function of the volume control setting that are relevant to the specification of volume control as required by this section. ( c ) The ROLR of an analog telephone shall be determined over the frequency range from 300 to 3300 HZ for short, average, and long loop conditions represented by 0, 2.7, and 4.6 km of 26 AWG nonloaded cable, respectively. The specified length of cable will be simulated by a complex impedance. (See Figure A.) The input level to the cable simulator shall be −10 dB with respect to 1 V open circuit from a 900 ohm source. ( d ) A digital telephone complies with the Commission's volume control requirements if the telephone is equipped with a receive volume control that provides, through the receiver of the handset or headset of the telephone, 12 dB of gain minimum and up to 18 dB of gain maximum, when measured in terms of Receive Objective Loudness Rating (ROLR), as defined in paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 (Acoustic-To-Digital and Digital-To-Acoustic Transmission Requirements for ISDN Terminals). The 12 dB of gain minimum must be achieved without significant clipping of the test signal. The telephone also shall comply with the limits on the range for ROLR given in paragraph 4.3.2.2 of ANSI/EIA/TIA-579-1991 when the receive volume control is set to its normal unamplified level. ( e ) The ROLR of a digital telephone shall be determined over the frequency range from 300 to 3300 Hz using the method described in paragraph 4.3.2.1 of ANSI/EIA/TIA-579-1991. No variation in loop conditions is required for this measurement since the receive level of a digital telephone is independent of loop length. ( f ) The ROLR for either an analog or digital telephone shall first be determined with the receive volume control at its normal unamplified level. The minimum volume control setting shall be used for this measurement unless the manufacturer identifies a different setting for the nominal volume level. The ROLR shall then be determined with the receive volume control at its maximum volume setting. Since ROLR is a loudness rating value expressed in dB of loss, more positive values of ROLR represent lower receive levels. Therefore, the ROLR value determined for the maximum volume control setting should be subtracted from that determined for the nominal volume control setting to determine compliance with the gain requirement. ( g ) The 18 dB of receive gain may be exceeded provided that the amplified receive capability automatically resets to nominal gain when the telephone is caused to pass through a proper on-hook transition in order to minimize the likelihood of damage to individuals with normal hearing. ( h ) A telephone complies with the Commission's volume control requirements if it is equipped with a receive volume control that provides, through the receiver in the handset of the telephone, at the loudest volume setting, a conversational gain greater than or equal to 18 dB and less than or equal to 24 dB Conversational Gain when measured as described in ANSI/TIA-4965-2012 (Telecommunications—Telephone Terminal Equipment—Receive Volume Control Requirements for Digital and Analog Wireline Telephones). A minimum of 18 dB Conversational Gain must be achieved without significant clipping of the speech signal used for testing. The maximum 24 dB Conversational Gain may be exceeded if the amplified receive capability automatically resets to a level of not more than 24 dB Conversational Gain when the telephone is caused to pass through a proper on-hook transition, in order to minimize the likelihood of damage to individuals with normal hearing. ( i ) Incorporation by reference. The material listed in this paragraph (i) is incorporated by reference in this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following source in this paragraph (i) : ( 1 ) The following standards are available from the Telecommunications Industry Association (TIA), 1320 North Courthouse Road, Suite 200, Arlington, VA 22201, (877) 413-5184, email to smontgomery@tiaonline.org , and http://www.tiaonline.org/standards/catalog . ( i ) Paragraph 4.1.2 (including table 4.4) of American National Standards Institute (ANSI) Standard ANSI/EIA-470-A-1987, Telephone Instruments with Loop Signaling, July 1987. ( ii ) Paragraph 4.3.2 of ANSI/EIA/TIA-579-1991, Acoustic-to-Digital and Digital-to-Acoustic Transmission Requirements for ISDN Terminals, February 1991. ( iii ) ANSI/TIA-4965-2012, Telecommunications; Telephone Terminal Equipment; Receive Volume Control Requirements for Digital and Analog Wireline Handset Terminals, approved October 19, 2012. ( 2 ) [Reserved] [ 61 FR 42187 , Aug. 14, 1996, as amended at 64 FR 60726 , Nov. 8, 1999; 67 FR 13229 , Mar. 21, 2002; 69 FR 18803 , Apr. 9, 2004; 83 FR 8632 , Feb. 28, 2018; 85 FR 64408 , Oct. 13, 2020; 88 FR 21445 , Apr. 10, 2023] § 68.318 Additional limitations. ( a ) General. Registered terminal equipment for connection to those services discussed below must incorporate the specified features. ( b ) Registered terminal equipment with automatic dialing capability. ( 1 ) Automatic dialing to any individual number is limited to two successive attempts. Automatic dialing equipment which employ means for detecting both busy and reorder signals shall be permitted an additional 13 attempts if a busy or reorder signal is encountered on each attempt. The dialer shall be unable to re-attempt a call to the same number for at least 60 minutes following either the second or fifteenth successive attempt, whichever applies, unless the dialer is reactivated by either manual or external means. This rule does not apply to manually activated dialers that dial a number once following each activation. Note to paragraph ( b )(1): Emergency alarm dialers and dialers under external computer control are exempt from these requirements. ( 2 ) If means are employed for detecting both busy and reorder signals, the automatic dialing equipment shall return to its on-hook state within 15 seconds after detection of a busy or reorder signal. ( 3 ) If the called party does not answer, the automatic dialer shall return to the on-hook state within 60 seconds of completion of dialing. ( 4 ) If the called party answers, and the calling equipment does not detect a compatible terminal equipment at the called end, then the automatic dialing equipment shall be limited to one additional call which is answered. The automatic dialing equipment shall comply with paragraphs (b)(1) , (b)(2) , and (b)(3) of this section for additional call attempts that are not answered. ( 5 ) Sequential dialers shall dial only once to any individual number before proceeding to dial another number. ( 6 ) Network addressing signals shall be transmitted no earlier than: ( i ) 70 ms after receipt of dial tone at the network demarcation point; or ( ii ) 600 ms after automatically going off-hook (for single line equipment that does not use dial tone detectors); or ( iii ) 70 ms after receipt of CO ground start at the network demarcation point. ( c ) Line seizure by automatic telephone dialing systems. Automatic telephone dialing systems which deliver a recorded message to the called party must release the called party's telephone line within 5 seconds of the time notification is transmitted to the system that the called party has hung up, to allow the called party's line to be used to make or receive other calls. ( d ) Telephone facsimile machines; Identification of the sender of the message. It shall be unlawful for any person within the United States to use a computer or other electronic device to send any message via a telephone facsimile machine unless such person clearly marks, in a margin at the top or bottom of each transmitted page of the message or on the first page of the transmission, the date and time it is sent and an identification of the business, other entity, or individual sending the message and the telephone number of the sending machine or of such business, other entity, or individual. If a facsimile broadcaster demonstrates a high degree of involvement in the sender's facsimile messages, such as supplying the numbers to which a message is sent, that broadcaster's name, under which it is registered to conduct business with the State Corporation Commission (or comparable regulatory authority), must be identified on the facsimile, along with the sender's name. Telephone facsimile machines manufactured on and after December 20, 1992, must clearly mark such identifying information on each transmitted page. ( e ) Requirement that registered equipment allow access to common carriers. Any equipment or software manufactured or imported on or after April 17, 1992, and installed by any aggregator shall be technologically capable of providing consumers with access to interstate providers of operator services through the use of equal access codes. The terms used in this paragraph shall have meanings defined in § 64.708 of this chapter ( 47 CFR 64.708 ). [ 62 FR 61691 , Nov. 19, 1997, as amended at 68 FR 44179 , July 25, 2003] § 68.320 Supplier's Declaration of Conformity. ( a ) Supplier's Declaration of Conformity is a procedure where the responsible party, as defined in § 68.3 , makes measurements or takes other necessary steps to ensure that the terminal equipment complies with the appropriate technical standards. ( b ) The Supplier's Declaration of Conformity attaches to all items subsequently marketed by the responsible party which are identical, within the variation that can be expected to arise as a result of quantity production techniques, to the sample tested and found acceptable by the responsible party. ( c ) The Supplier's Declaration of Conformity signifies that the responsible party has determined that the equipment has been shown to comply with the applicable technical criteria if no unauthorized change is made in the equipment and if the equipment is properly maintained and operated. ( d ) The responsible party, if different from the manufacturer, may upon receiving a written statement from the manufacturer that the equipment complies with the appropriate technical criteria, rely on the manufacturer or independent testing agency to determine compliance. Any records that the Administrative Council for Terminal Attachments requires the responsible party to maintain shall be in the English language and shall be made available to the Commission upon a request. ( e ) No person shall use or make reference to a Supplier's Declaration of Conformity in a deceptive or misleading manner or to convey the impression that such a Supplier's Declaration of Conformity reflects more than a determination by the responsible party that the device or product has been shown to be capable of complying with the applicable technical criteria. [ 66 FR 7585 , Jan. 24, 2001, as amended at 83 FR 8633 , Feb. 28, 2018] § 68.321 Location of responsible party. The responsible party for a Supplier's Declaration of Conformity must designate an agent for service of process that is physically located within the United States. [ 67 FR 57182 , Sept. 9, 2002] § 68.322 Changes in name, address, ownership or control of responsible party. ( a ) The responsible party for a Supplier's Declaration of Conformity may license or otherwise authorize a second party to manufacture the equipment covered by the Supplier's Declaration of Conformity provided that the responsible party shall continue to be responsible to the Commission for ensuring that the equipment produced pursuant to such an agreement remains compliant with the appropriate standards. ( b ) In the case of transactions affecting the responsible party of a Supplier's Declaration of Conformity, such as a transfer of control or sale to another company, mergers, or transfer of manufacturing rights, the successor entity shall become the responsible party. [ 66 FR 7586 , Jan. 24, 2001] § 68.324 Supplier's Declaration of Conformity requirements. ( a ) Each responsible party shall include in the Supplier's Declaration of Conformity, the following information: ( 1 ) The identification and a description of the responsible party for the Supplier's Declaration of Conformity and the product, including the model number of the product, ( 2 ) A statement that the terminal equipment conforms with applicable technical requirements, and a reference to the technical requirements, ( 3 ) The date and place of issue of the declaration, ( 4 ) The signature, name and function of person making declaration, ( 5 ) A statement that the handset, if any, complies with § 68.316 of these rules (defining hearing aid compatibility), or that it does not comply with that section. A telephone handset which complies with § 68.316 shall be deemed a “hearing aid-compatible telephone” for purposes of § 68.4 . ( 6 ) Any other information required to be included in the Supplier's Declaration of Conformity by the Administrative Council of Terminal Attachments. ( b ) If the device that is subject to a Supplier's Declaration of Conformity is designed to operate in conjunction with other equipment, the characteristics of which can affect compliance of such device with part 68 rules and/or with technical criteria published by the Administrative Council for Terminal Attachments, then the Model Number(s) of such other equipment must be supplied, and such other equipment must also include a Supplier's Declaration of Conformity or a certification from a Telecommunications Certification Body. ( c ) The Supplier's Declaration of Conformity shall be included in the user's manual or as a separate document enclosed with the terminal equipment. ( d ) If terminal equipment is not subject to a Supplier's Declaration of Conformity, but instead contains protective circuitry that is subject to a Supplier's Declaration of Conformity, then the responsible party for the protective circuitry shall include with each module of such circuitry, a Supplier's Declaration of Conformity containing the information required under § 68.340(a) , and the responsible party of such terminal equipment shall include such statement with each unit of the product. ( e ) ( 1 ) The responsible party for the terminal equipment subject to a Supplier's Declaration of Conformity also shall provide to the purchaser of such terminal equipment, instructions as required by the Administrative Council for Terminal Attachments. ( 2 ) A copy of the Supplier's Declaration of Conformity shall be provided to the Administrative Council for Terminal Attachments along with any other information the Administrative Council for Terminal Attachments requires; this information shall be made available to the public. ( 3 ) The responsible party shall make a copy of the Supplier's Declaration of Conformity freely available to the general public on its company website. The information shall be accessible to the disabled community from the website. If the responsible party does not have a functional and reliable website, then the responsible party shall inform the Administrative Council for Terminal Attachments of such circumstances, and the Administrative Council for Terminal Attachments shall make a copy available on its website. ( f ) For a telephone that is not hearing aid-compatible, as defined in § 68.316 of this part , the responsible party also shall provide the following in the Supplier's Declaration of Conformity: ( 1 ) Notice that FCC rules prohibit the use of that handset in certain locations; and ( 2 ) A list of such locations (see § 68.112 ). [ 66 FR 7586 , Jan. 24, 2001] § 68.326 Retention of records. ( a ) The responsible party for a Supplier's Declaration of Conformity shall maintain records containing the following information: ( 1 ) A copy of the Supplier's Declaration of Conformity; ( 2 ) The identity of the testing facility, including the name, address, phone number and other contact information. ( 3 ) A detailed explanation of the testing procedure utilized to determine whether terminal equipment conforms to the appropriate technical criteria. ( 4 ) A copy of the test results for terminal equipment compliance with the appropriate technical criteria. ( b ) For each device subject to the Supplier's Declaration of Conformity requirement, the responsible party shall maintain all records required under § 68.326(a) for at least ten years after the manufacture of said equipment has been permanently discontinued, or until the conclusion of an investigation or a proceeding, if the responsible party is officially notified prior to the expiration of such ten year period that an investigation or any other administrative proceeding involving its equipment has been instituted, whichever is later. [ 66 FR 7586 , Jan. 24, 2001] § 68.346 Description of testing facilities. ( a ) Each responsible party for equipment that is subject to a Supplier's Declaration of Conformity under this part, shall compile a description of the measurement facilities employed for testing the equipment. The responsible party for the Supplier's Declaration of Conformity shall retain a description of the measurement facilities. ( b ) The description shall contain the information required to be included by the Administrative Council for Terminal Attachments. [ 66 FR 7586 , Jan. 24, 2001] § 68.348 Changes in equipment and circuitry subject to a Supplier's Declaration of Conformity. ( a ) No change shall be made in terminal equipment or protective circuitry that would result in any material change in the information contained in the Supplier's Declaration of Conformity Statement furnished to users. ( b ) Any other changes in terminal equipment or protective circuitry which is subject to an effective Supplier's Declaration of Conformity shall be made only by the responsible party or an authorized agent thereof, and the responsible party will remain responsible for the performance of such changes. [ 66 FR 7586 , Jan. 24, 2001] § 68.350 Revocation of Supplier's Declaration of Conformity. ( a ) The Commission may revoke any Supplier's Declaration of Conformity for cause in accordance with the provisions of this section or in the event changes in technical standards published by the Administrative Council for Terminal Attachments require the revocation of any outstanding Supplier's Declaration of Conformity in order to achieve the objectives of part 68. ( b ) Cause for revocation. In addition to the provisions in § 68.211 , the Commission may revoke a Supplier's Declaration of Conformity: ( 1 ) For false statements or representations made in materials or responses submitted to the Commission and/or the Administrative Council for Terminal Attachments, or in records required to be kept by § 68.324 and the Administrative Council for Terminal Attachments. ( 2 ) If upon subsequent inspection or operation it is determined that the equipment does not conform to the pertinent technical requirements. ( 3 ) If it is determined that changes have been made in the equipment other that those authorized by this part or otherwise expressly authorized by the Commission. [ 66 FR 7587 , Jan. 24, 2001] § 68.354 Numbering and labeling requirements for terminal equipment. ( a ) Terminal equipment and protective circuitry that is subject to a Supplier's Declaration of Conformity or that is certified by a Telecommunications Certification Body shall have labels in a place and manner required by the Administrative Council for Terminal Attachments. ( b ) Terminal equipment labels shall include an identification numbering system in a manner required by the Administrative Council for Terminal Attachments. ( c ) If the Administrative Council for Terminal Attachments chooses to continue the practice of utilizing a designated “FCC” number, it shall include in its labeling requirements a warning that the Commission no longer directly approves or registers terminal equipment. ( d ) Labeling developed for terminal equipment by the Administrative Council on Terminal Attachments shall contain sufficient information for providers of wireline telecommunications, the Federal Communications Commission, and the U.S. Customs Service to carry out their functions, and for consumers to easily identify the responsible party of their terminal equipment. The numbering and labeling scheme shall be nondiscriminatory, creating no competitive advantage for any entity or segment of the industry. ( e ) FCC numbering and labeling requirements existing prior to the effective date of these rules shall remain unchanged until the Administrative Council for Terminal Attachments publishes its numbering and labeling requirements. [ 66 FR 7587 , Jan. 24, 2001, as amended at 67 FR 57182 , Sept. 9, 2002] Subpart E—Complaint Procedures §§ 68.400-68.412 [Reserved] § 68.414 Hearing aid-compatibility: Enforcement. Enforcement of §§ 68.4 and 68.112 is hereby delegated to those states which adopt those sections and provide for their enforcement. The procedures followed by a state to enforce those sections shall provide a 30-day period after a complaint is filed, during which time state personnel shall attempt to resolve a dispute on an informal basis. If a state has not adopted or incorporated §§ 68.4 and 68.112 , or failed to act within 6 months from the filing of a complaint with the state public utility commission, the Commission will accept such complaints. A written notification to the complainant that the state believes action is unwarranted is not a failure to act. [ 49 FR 1368 , Jan. 11, 1984] § 68.415 Hearing aid-compatibility and volume control informal complaints. Persons with complaints under §§ 68.4 and 68.112 that are not addressed by the states pursuant to § 68.414 , and all other complaints regarding rules in this part pertaining to hearing aid compatibility and volume control, may bring informal complaints as described in § 68.416 through § 68.420 . All responsible parties of terminal equipment are subject to the informal complaint provisions specified in this section. [ 66 FR 7587 , Jan. 24, 2001] § 68.417 Informal complaints; form and content. ( a ) An informal complaint alleging a violation of hearing aid compatibility and/or volume control rules in this subpart may be transmitted to the Consumer Information Bureau by any reasonable means, e.g., letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, ASCII text, audio-cassette recording, and Braille. ( b ) An informal complaint shall include: ( 1 ) The name and address of the complainant; ( 2 ) The name and address of the responsible party, if known, or the manufacturer or provider against whom the complaint is made; ( 3 ) A full description of the terminal equipment about which the complaint is made; ( 4 ) The date or dates on which the complainant purchased, acquired or used the terminal equipment about which the complaint is being made; ( 5 ) A complete statement of the facts, including documentation where available, supporting the complainant's allegation that the defendant has failed to comply with the requirements of this subpart; ( 6 ) The specific relief or satisfaction sought by the complainant, and ( 7 ) The complainant's preferred format or method of response to the complaint by the Commission and defendant (e.g., letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, ASCII text, audio-cassette recording, Braille; or some other method that will best accommodate the complainant's disability). [ 66 FR 7587 , Jan. 24, 2001] § 68.418 Procedure; designation of agents for service. ( a ) The Commission shall promptly forward any informal complaint meeting the requirements of § 68.17 to each responsible party named in or determined by the staff to be implicated by the complaint. Such responsible party or parties shall be called on to satisfy or answer the complaint within the time specified by the Commission. ( b ) To ensure prompt and effective service of informal complaints filed under this subpart, every responsible party of equipment approved pursuant to this part shall designate and identify one or more agents upon whom service may be made of all notices, inquiries, orders, decisions, and other pronouncements of the Commission in any matter before the Commission. Such designation shall be provided to the Commission and shall include a name or department designation, business address, telephone number, and, if available, TTY number, facsimile number, and Internet e-mail address. The Commission shall make this information available to the public. [ 66 FR 7587 , Jan. 24, 2001, as amended at 73 FR 25591 , May 7, 2008] § 68.419 Answers to informal complaints. Any responsible party to whom the Commission or the Consumer Information Bureau under this subpart directs an informal complaint shall file an answer within the time specified by the Commission or the Consumer Information Bureau. The answer shall: ( a ) Be prepared or formatted in the manner requested by the complainant pursuant to § 68.417 , unless otherwise permitted by the Commission or the Consumer Information Bureau for good cause shown; ( b ) Describe any actions that the defendant has taken or proposes to take to satisfy the complaint; ( c ) Advise the complainant and the Commission or the Consumer Information Bureau of the nature of the defense(s) claimed by the defendant; ( d ) Respond specifically to all material allegations of the complaint; and ( e ) Provide any other information or materials specified by the Commission or the Consumer Information Bureau as relevant to its consideration of the complaint. [ 66 FR 7587 , Jan. 24, 2001] § 68.420 Review and disposition of informal complaints. ( a ) Where it appears from the defendant's answer, or from other communications with the parties, that an informal complaint has been satisfied, the Commission or the Consumer Information Bureau on delegated authority may, in its discretion, consider the informal complaint closed, without response to the complainant or defendant. In all other cases, the Commission or the Consumer Information Bureau shall inform the parties of its review and disposition of a complaint filed under this subpart. Where practicable, this information (the nature of which is specified in paragraphs (b) through (d) of this section, shall be transmitted to the complainant and defendant in the manner requested by the complainant, (e.g., letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, ASCII text, audio-cassette recording, or Braille). ( b ) In the event the Commission or the Consumer and Governmental Affairs Bureau determines, based on a review of the information provided in the informal complaint and the defendant's answer thereto, that no further action is required by the Commission or the Consumer and Governmental Affairs Bureau with respect to the allegations contained in the informal complaint, the informal complaint shall be closed and the complainant and defendant shall be duly informed of the reasons therefor. A complainant, unsatisfied with the defendant's response to the informal complaint and the staff decision to terminate action on the informal complaint, may file a complaint with the Commission or the Enforcement Bureau as specified in §§ 68.400 through 68.412 . ( c ) In the event the Commission or the Consumer Information Bureau on delegated authority determines, based on a review of the information presented in the informal complaint and the defendant's answer thereto, that a material and substantial question remains as to the defendant's compliance with the requirements of this subpart, the Commission or the Consumer Information Bureau may conduct such further investigation or such further proceedings as may be necessary to determine the defendant's compliance with the requirements of this subpart and to determine what, if any, remedial actions and/or sanctions are warranted. ( d ) In the event that the Commission or the Consumer Information Bureau on delegated authority determines, based on a review of the information presented in the informal complaint and the defendant's answer thereto, that the defendant has failed to comply with or is presently not in compliance with the requirements of this subpart, the Commission or the Consumer Information Bureau on delegated authority may order or prescribe such remedial actions and/or sanctions as are authorized under the Act and the Commission's rules and which are deemed by the Commission or the Consumer Information Bureau on delegated authority to be appropriate under the facts and circumstances of the case. [ 66 FR 7588 , Jan. 24, 2001, as amended at 67 FR 13229 , Mar. 21, 2002] § 68.423 Actions by the Commission on its own motion. The Commission may on its own motion conduct such inquiries and hold such proceedings as it may deem necessary to enforce the requirements of this subpart. The procedures to be followed by the Commission shall, unless specifically prescribed in the Act and the Commission's rules, be such as in the opinion of the Commission will best serve the purposes of such inquiries and proceedings. [ 66 FR 7588 , Jan. 24, 2001] Subpart F—ACS Telephonic CPE Source: 83 FR 8633 , Feb. 28, 2018, unless otherwise noted. § 68.501 Authorization procedures. ( a ) Authorization required. Unless exempt from the requirements of §§ 68.4 and 68.6 , ACS telephonic CPE manufactured in or imported into the United States after February 28, 2020, shall be certified as hearing aid compatible by a Telecommunications Certification Body or the responsible party shall follow the procedures in this part for a Supplier's Declaration of Conformity to establish that such CPE is hearing aid compatible. ( b ) Certification. The requirements of §§ 68.160 and 68.162 shall apply to the certification of ACS telephonic CPE as hearing aid compatible. ( c ) Supplier's Declaration of Conformity. The requirements of §§ 68.320-68.350 (except § 68.324(f) ) shall apply to the use of the Supplier's Declaration of Conformity procedure to establish that ACS telephonic CPE is hearing aid compatible. ( d ) Revocation procedures. ( 1 ) The Commission may revoke the authorization of ACS telephonic CPE under this section, where: ( i ) The equipment approval is shown to have been obtained by misrepresentation; ( ii ) The responsible party willfully or repeatedly fails to comply with the terms and conditions of its equipment approval; or ( iii ) The responsible party willfully or repeatedly fails to comply with any rule, regulation or order issued by the Commission under the Communications Act of 1934 relating to terminal equipment. ( 2 ) Before revoking such authorization, the Commission, or the Enforcement Bureau under delegated authority, will issue a written Notice of Intent to Revoke part 68 Authorization, or a Joint Notice of Apparent Liability for Forfeiture and Notice of Intent to Revoke part 68 Authorization, pursuant to §§ 1.80 and 1.89 of this chapter . The notice will be sent to the responsible party for the equipment at issue at the address provided to the Administrative Council for Terminal Attachments. A product that has had its authorization revoked may not be reauthorized for a period of six months from the date of revocation of the approval. A responsible party for ACS telephonic CPE that has had its authorization revoked or that has been assessed a forfeiture, or both, may request reconsideration or make administrative appeal of the decision pursuant to part 1 of the Commission's rules: Practice and Procedure, part 1 of this chapter . § 68.502 Labeling, warranty, instructions, and notice of revocation of approval. ( a ) Labeling — ( 1 ) Hearing aid compatible equipment. All ACS telephonic CPE manufactured in the United States (other than for export) or imported for use in the United States after February 28, 2020, that is hearing aid compatible, as defined in §§ 68.316 and 68.317 , shall have the letters “HAC” permanently affixed thereto. “Permanently affixed” means that the label is etched, engraved, stamped, silkscreened, indelibly printed, or otherwise permanently marked on a permanently attached part of the equipment or on a nameplate of metal, plastic, or other material fastened to the equipment by welding, riveting, or a permanent adhesive. The label must be designed to last the expected lifetime of the equipment in the environment in which the equipment may be operated and must not be readily detachable. ( 2 ) Non-hearing aid compatible equipment. Non-hearing aid compatible ACS telephonic CPE offered for sale to the public on or after February 28, 2020, shall contain in a conspicuous location on the surface of its packaging a statement that the ACS telephonic CPE is not hearing aid compatible, as defined in §§ 68.4(a)(3) , 68.316 , 68.317 , or if offered for sale without a surrounding package, shall be affixed with a written statement that the telephone is not hearing aid compatible, as defined in §§ 68.4(a)(3) , 68.316 and 68.317 ; and be accompanied by instructions in accordance with § 68.218(b)(2) . ( b ) Warranty. In acquiring approval for equipment to be labeled and otherwise represented to be hearing aid compatible, the responsible party warrants that each item of equipment marketed under such authorization will comply with all applicable rules and regulations of this part and with the applicable technical criteria. ( c ) Instructions. The responsible party or its agent shall provide the user of the approved ACS telephonic CPE the following: ( 1 ) Any consumer instructions required to be included with approved ACS telephonic CPE by the Administrative Council for Terminal Attachments; ( 2 ) For ACS telephonic CPE that is not hearing aid compatible, as defined in § 68.316 : ( i ) Notice that FCC rules prohibit the use of that handset in certain locations; and ( ii ) A list of such locations ( see § 68.112 ). ( d ) Notice of revocation. When approval is revoked for any item of equipment, the responsible party must take all reasonable steps to ensure that purchasers and users of such equipment are notified to discontinue use of such equipment. § 68.503 Complaint procedures. The complaint procedures of §§ 68.414 through 68.423 shall apply to complaints regarding the hearing aid compatibility of ACS telephonic CPE. § 68.504 Administrative Council on Terminal Attachments. The database registration and labeling provisions of §§ 68.354 , 68.610 , and 68.612 shall apply to ACS telephonic CPE that is approved as hearing aid compatible and is manufactured in or imported to the United States on or after February 28, 2020. After that date, the information required by the Administrative Council on Terminal Attachments shall be submitted within 30 days after the date that the equipment is manufactured in or imported into the United States. Subpart G—Administrative Council for Terminal Attachments Source: 66 FR 7588 , Jan. 24, 2001, unless otherwise noted. § 68.602 Sponsor of the Administrative Council for Terminal Attachments. ( a ) The Telecommunications Industry Association (TIA) and the Alliance for Telecommunications Industry Solutions (ATIS) jointly shall establish the Administrative Council for Terminal Attachment and shall sponsor the Administrative Council for Terminal Attachments for four years from the effective date of these rules. The division of duties by which this responsibility is executed may be a matter of agreement between these two parties; however, both are jointly and severally responsible for observing these rule provisions. After four years from the effective date of these rules, and thereafter on a quadrennial basis, the Administrative Council for Terminal Attachments may vote by simple majority to be sponsored by any ANSI-accredited organization. ( b ) The sponsoring organizations shall ensure that the Administrative Council for Terminal Attachments is populated in a manner consistent with the criteria of American National Standards Institute's Organization Method or the Standards Committee Method (and their successor Method or Methods as ANSI may from time to time establish) for a balanced and open membership. ( c ) After the Administrative Council for Terminal Attachments is populated, the sponsors are responsible for fulfilling secretariat positions as determined by the Administrative Council for Terminal Attachments. The Administrative Council shall post on a publicly available web site and make available to the public in hard copy form the written agreement into which it enters with the sponsor or sponsors. [ 66 FR 7588 , Jan. 24, 2001, as amended at 67 FR 57182 , Sept. 9, 2002] § 68.604 Requirements for submitting technical criteria. ( a ) Any standards development organization that is accredited under the American National Standards Institute's Organization Method or the Standards Committee Method (and their successor Method or Methods as ANSI may from time to time establish) may establish technical criteria for terminal equipment pursuant to ANSI consensus decision-making procedures, and it may submit such criteria to the Administrative Council for Terminal Attachments. ( b ) Any ANSI-accredited standards development organization that develops standards for submission to the Administrative Council for Terminal Attachments must implement and use procedures for the development of those standards that ensure openness equivalent to the Commission rulemaking process. ( c ) Any standards development organization that submits standards to the Administrative Council for Terminal Attachments for publication as technical criteria shall certify to the Administrative Council for Terminal Attachments that: ( 1 ) The submitting standards development organization is ANSI-accredited to the Standards Committee Method or the Organization Method (or their successor Methods as amended from time to time by ANSI); ( 2 ) The technical criteria that it proposes for publication do not conflict with any published technical criteria or with any technical criteria submitted and pending for publication, and ( 3 ) The technical criteria that it proposes for publication are limited to preventing harms to the public switched telephone network, identified in § 68.3 of this part . § 68.608 Publication of technical criteria. The Administrative Council for Terminal Attachments shall place technical criteria proposed for publication on public notice for 30 days. At the end of the 30 day public notice period, if there are no oppositions, the Administrative Council for Terminal Attachments shall publish the technical criteria. § 68.610 Database of terminal equipment. ( a ) The Administrative Council for Terminal Attachments shall operate and maintain a database of all approved terminal equipment. The database shall meet the requirements of the Federal Communications Commission and the U.S. Customs Service for enforcement purposes. The database shall be accessible by government agencies free of charge. Information in the database shall be readily available and accessible to the public, including individuals with disabilities, at nominal or no costs. ( b ) Responsible parties, whether they obtain their approval from a Telecommunications Certification Body or utilize the Supplier's Declaration of Conformity process, shall submit to the database administrator all information required by the Administrative Council for Terminal Attachments. ( c ) The Administrative Council for Terminal Attachments shall ensure that the database is created and maintained in an equitable and nondiscriminatory manner. The manner in which the database is created and maintained shall not permit any entity or segment of the industry to gain a competitive advantage. ( d ) The Administrative Council for Terminal Attachments shall file with the Commission, within 180 days of publication of these rules in the Federal Register , a detailed report of the structure of the database, including details of how the Administrative Council for Terminal Attachments will administer the database, the pertinent information to be included in the database, procedures for including compliance information in the database, and details regarding how the government and the public will access the information. § 68.612 Labels on terminal equipment. Terminal equipment certified by a Telecommunications Certification Body or approved by the Supplier's Declaration of Conformity under this part shall be labeled. The Administrative Council for Terminal Attachments shall establish appropriate labeling of terminal equipment. Labeling shall meet the requirements of the Federal Communications Commission and the U.S. Customs Service for their respective enforcement purposes, and of consumers for purposes of identifying the responsible party and model number. [ 67 FR 57182 , Sept. 9, 2002] § 68.614 Oppositions and appeals. ( a ) Oppositions filed in response to the Administrative Council for Terminal Attachments' public notice of technical criteria proposed for publication must be received by the Administrative Council for Terminal Attachments within 30 days of public notice to be considered. Oppositions to proposed technical criteria shall be addressed through the appeals procedures of the authoring standards development organization and of the American National Standards Institute. If these procedures have been exhausted, the aggrieved party shall file its opposition with the Commission for de novo review. ( b ) As an alternative, oppositions to proposed technical criteria may be filed directly with the Commission for de novo review within the 30 day public notice period."}}},{"rowIdx":45,"cells":{"file_name":{"kind":"string","value":"title-47_19a.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"Subpart A—General Provisions § 19.735-101 Purpose. The regulations in this part prescribe procedures and standards of conduct that are appropriate to the particular functions and activities of the Commission, and are issued by the Commission under authority independent of the uniform Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635 or otherwise in accordance with 5 CFR 2635.105(c) . § 19.735-102 Cross-reference to ethics and other conduct related regulations. In addition to the rules in this part, employees of the Federal Communications Commission (Commission) are subject to the Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635 and the Commission's regulations at 5 CFR part 3901 which supplement the executive branch-wide standards, the executive branch financial disclosure regulations at 5 CFR part 2634 and the Commission's regulations at 5 CFR part 3902 which supplement the executive branch-wide financial disclosure regulations, and the employee responsibilities and conduct regulations at 5 CFR part 735 . § 19.735-103 Definitions. Commission means the Federal Communications Commission. Communications Act means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. Employee means an officer or employee of the Commission including special Government employees within the meaning of 18 U.S.C. 202(a) and the Commissioners. Person means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution. § 19.735-104 Delegations. ( a ) The Commission has delegated to the Chairperson responsibility for the detection and prevention of acts, short of criminal violations, which could bring discredit upon the Commission and the Federal service. ( b ) Approvals under 18 U.S.C. 205(e) . ( 1 ) Commissioners may approve the representational activities permitted by 18 U.S.C. 205(e) by other employees in their immediate offices. The Designated Agency Ethics Official has delegated authority to grant such approvals for all other employees except Commissioners. ( 2 ) ( i ) Requests for approval of the activities permitted by 18 U.S.C. 205(e) shall be in writing and submitted as follows: ( A ) In the case of employees in the immediate offices of a Commissioner, to the Commissioner; ( B ) In the case of Heads of Offices and Bureaus, to the Chairperson; and ( C ) In the case of all other employees except Commissioners, to the Head of the Office or Bureau to which the employee is assigned. ( ii ) An official (other than the Chairperson or another Commissioner) to whom a request for approval under 18 U.S.C. 205(e) is submitted shall forward it to the Designated Agency Ethics Official with the official's recommendation as to whether the request should be granted. ( 3 ) Copies of all requests for approval under 18 U.S.C. 205(e) and the action taken thereon shall be maintained by the Designated Agency Ethics Official. ( c ) Waivers under 18 U.S.C. 208 . ( 1 ) Commissioners may waive the applicability of 18 U.S.C. 208(a) , in accordance with 18 U.S.C. 208(b)(1) or 208(b)(3) and section 301(d) of Executive Order 12731, for other employees in their immediate offices. The Designated Agency Ethics Official has delegated authority to make such waiver determinations for all other employees except Commissioners. ( 2 ) ( i ) Requests for waiver of the applicability of 18 U.S.C. 208(a) shall be in writing and submitted as follows: ( A ) In the case of employees in the immediate offices of a Commissioner, to the Commissioner; ( B ) In the case of Heads of Offices and Bureaus, to the Chairperson; and ( C ) In the case of all other employees except Commissioners, to the Head of the Office or Bureau to which the employee is assigned. ( ii ) An official (other than the Chairperson or another Commissioner) to whom a waiver request is submitted shall forward it to the Designated Agency Ethics Official with the official's recommendation as to whether the waiver should be granted. ( 3 ) Copies of all requests for waivers and the action taken thereon shall be maintained by the Designated Agency Ethics Official. [ 61 FR 56112 , Oct. 31, 1996, as amended at 88 FR 21438 , Apr. 10, 2023] § 19.735-105 Availability of ethics and other conduct related regulations and statutes. ( a ) ( 1 ) The Commission shall furnish each new employee, at the time of his or her entrance on duty, with a copy of: ( i ) The Standards of Ethical Conduct for Employees of the Executive Branch ( 5 CFR part 2635 ); ( ii ) The Supplemental Standards of Ethical Conduct for Employees of the Federal Communications Commission ( 5 CFR part 3901 ); and ( iii ) The Commission's Employee Responsibilities and Conduct regulations in this part. ( 2 ) The Head of each Office and Bureau has the responsibility to secure from every person subject to his or her administrative supervision a statement indicating that the individual has read and is familiar with the contents of the regulations in this part, and the regulations at 5 CFR parts 2635 and 3901 , and to advise the Designated Agency Ethics Official that all such persons have provided such statements. Each new employee shall execute a similar statement at the time of entrance on duty. Periodically, and at least once a year, the Designated Agency Ethics Official shall take appropriate action to ensure that the Head of each Office and Bureau shall remind employees subject to his or her administrative supervision of the content of the regulations in 5 CFR parts 2635 and 3901 and this part. ( b ) Copies of pertinent provisions of the Communications Act of 1934; title 18 of the United States Code; the Standards of Ethical Conduct for Employees of the Executive Branch ( 5 CFR part 2635 ); the Commission's Supplemental Standards of Ethical Conduct ( 5 CFR part 3901 ); and the Commission's employee responsibilities and conduct regulations in this part shall be available in the office of the Designated Agency Ethics Official for review by employees. § 19.735-106 Interpretation and advisory service. ( a ) Requests for interpretative rulings concerning the applicability of 5 CFR parts 2635 and 3901 , and this part, may be submitted through the employee's supervisor to the General Counsel, who is the Commission's Designated Agency Ethics Official pursuant to the delegation of authority at 47 CFR 0.251(a) . ( b ) At the time of an employee's entrance on duty and at least once each calendar year thereafter, the Commission's employees shall be notified of the availability of counseling services on questions of conflict of interest and other matters covered by this part, and of how and where these services are available. § 19.735-107 Disciplinary and other remedial action. ( a ) A violation of the regulations in this part by an employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law. ( b ) The Chairperson will designate an officer or employee of the Commission who will promptly investigate all incidents or situations in which it appears that employees may have engaged in improper conduct. Such investigation will be initiated in all cases where complaints are brought to the attention of the Chairperson, including: Adverse comment appearing in publications; complaints from members of Congress, private citizens, organizations, other government employees or agencies; and formal complaints referred to the Chairperson by the Designated Agency Ethics Official. ( c ) The Inspector General will be promptly notified of all complaints or allegations of employee misconduct. The Inspector General will also be notified of the planned initiation of an investigation under this part. Such notification shall occur prior to the initiation of the investigation required by paragraph (a) of this section. The Inspector General may choose to conduct the investigation in accordance with the rules in this part. Should the Inspector General choose to conduct the investigation, he will promptly notify the Chairperson. In such case, the Inspector General will serve as the designated officer and be solely responsible for the investigation. In carrying out this function, the Inspector General may obtain investigative services from other Commission offices, other governmental agencies or non governmental sources and use any other means available to him in accordance with Public Law 100-504 or the Inspector General Act of 1978, as amended, 5 U.S.C. Appendix. The Inspector General will be provided with the results of all investigations in which he chooses not to participate. ( d ) The employee concerned shall be provided an opportunity to explain the alleged misconduct. When, after consideration of the employee's explanation, the Chairperson decides that remedial action is required, he or she shall take remedial action. Remedial action may include, but is not limited to: ( 1 ) Changes in assigned duties; ( 2 ) Divestiture by the employee of his conflicting interest; ( 3 ) Action under the Commission's Ethics Program resulting in one of the following actions: ( i ) When investigation reveals that the charges are groundless, the person designated by the Chairperson to assist in administration of the program may give a letter of clearance to the employee concerned, and the case will not be recorded in his or her Official Personnel Folder; ( ii ) If, after investigation, the case investigator deems the act to be merely a minor indiscretion, he may resolve the situation by discussing it with the employee. The case will not be recorded in the employee's Official Personnel Folder; ( iii ) If the case administrator considers the problem to be of sufficient importance, he or she may call it to the attention of the Chairperson, who in turn may notify the employee of the seriousness of his or her act and warn him of the consequences of a repetition. The case will not be recorded in the employee's Official Personnel Folder, unless the employee requests it; ( iv ) The Chairperson may, when in his or her opinion circumstances warrant, establish a special review board to investigate the facts in a case and to make a full report thereon, including recommended action; or ( v ) ( A ) If the Chairperson decides that formal disciplinary action should be taken, he or she may prepare for Commission consideration a statement of facts and recommend one of the following: ( 1 ) Written reprimand. A formal letter containing a complete statement of the offense and official censure; ( 2 ) Suspension. A temporary non pay status and suspension from duty; or ( 3 ) Removal for cause. Separation for cause in case of a serious offense. ( B ) Only after a majority of the Commission approves formal disciplinary action will any record resulting from the administration of this program be placed in the employee's Official Personnel Folder; or ( 4 ) Disqualification for a particular assignment. ( e ) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations. [ 61 FR 56112 , Oct. 31, 1996, as amended at 88 FR 21439 , Apr. 10, 2023]"}}},{"rowIdx":46,"cells":{"file_name":{"kind":"string","value":"title-47_61.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 61—TARIFFS Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 201-205 , 403 , unless otherwise noted. Source: 49 FR 40869 , Oct. 18, 1984, unless otherwise noted. Subpart A—General § 61.1 Purpose and application. ( a ) The purpose of this part is to prescribe the framework for the initial establishment of and subsequent revisions to tariff publications. ( b ) Tariff publications filed with the Commission must conform to the rules in this part and with Commission rules regarding the payment of statutory charges (see subpart G of part 1 of this title ) and the use of FCC Registration Numbers (FRNs) (see subpart W of part 1 of this title ). Failure to comply with any provisions of these rules may be grounds for rejection of the non-complying publication, a determination that it is unlawful or other action. Where an FRN has been omitted from a cover letter or transmittal accompanying a tariff publication filed under this part or the FRN included in that letter is invalid, the submitting carrier or carrier representative shall have ten (10) business days from the date of filing to amend the cover letter or transmittal to include a valid FRN. If within that ten (10) business day period, the carrier or carrier representative amends the cover letter or transmittal to include a valid FRN, that FRN shall be deemed to have been included in the letter as of its original filing date. If, after the expiration of the ten (10) business day period, the cover letter or transmittal has not been amended to include a valid FRN, the related tariff publication may be rejected if it has not yet become effective, declared unlawful if it has become effective, or subject to other action. ( c ) No carrier required to file tariffs may provide any interstate or foreign communication service until every tariff publication for such communication service is on file with the Commission and in effect. [ 49 FR 40869 , Oct. 18, 1984, as amended at 66 FR 47896 , Sept. 14, 2001] § 61.2 General tariff requirements. ( a ) In order to remove all doubt as to their proper application, all tariff publications must contain clear and explicit explanatory statements regarding the rates and regulations. ( b ) Tariff publications must be delivered to the Commission free from all charges, including claims of postage. ( c ) Tariff publications will not be returned. [ 64 FR 46586 , Aug. 26, 1999] § 61.3 Definitions. ( a ) Act. The Communications Act of 1934 (48 Stat. 1004; 47 U.S.C. chapter 5 ), as amended. ( b ) Actual Price Index (API). An index of the level of aggregate rate element rates in a basket, which index is calculated pursunt to § 61.46 . ( c ) Association. This term has the meaning given it in § 69.2(d) . ( d ) Average Price Cap CMT Revenue per Line month. ( 1 ) Price Cap CMT Revenue (as defined in § 61.3(cc) ) per month as of July 1, 2000 (adjusted to remove Universal Service Contributions assessed to local exchange carriers pursuant to § 54.702 of this chapter ) using 2000 annual filing base period demand, divided by the 2000 annual filing base period demand. In filing entities with multiple study areas, if it becomes necessary to calculate the Average Price Cap CMT Revenue per Line month for a specific study area, then the Average Price Cap CMT Revenue per Line month for that study area is determined as follows, using base period demand revenues (adjusted to remove Universal Service Contributions assessed to Local Exchange Carriers pursuant to § 54.702 of this chapter ), Base Factor Portion (BFP) and 2000 annual filing base period lines: Average Price Cap CMT Revenue per Line Month in a study area = Price Cap CMT Revenue × (BFP in the study area ÷ (BFP in the Filing Entity) ÷ (Lines in the study area. ( 2 ) Nothing in this definition precludes a price cap local exchange carrier from continuing to average rates across filing entities containing multiple study areas, where permitted under existing rules. ( 3 ) Average Price Cap CMT Revenues per Line month may be adjusted after July 1, 2000 to reflect exogenous costs pursuant to § 61.45(d) . ( 4 ) Average Price Cap CMT Revenues per Line month may also be adjusted pursuant to § 61.45 (b)(1)(iii) . ( e ) Average Traffic Sensitive Charge. ( 1 ) The Average Traffic Sensitive Charge (ATS charge) is the sum of the following two components: ( i ) The Local Switching (LS) component. The LS component will be calculated by dividing the proposed LS revenues (End Office Switch, LS trunk ports, Information Surcharge, and signalling transfer point (STP) port) by the base period LS minutes of use (MOUs); and ( ii ) The Transport component. The Transport component will be calculated by dividing the proposed Transport revenues (Switched Direct Trunk Transport, Signalling for Switched Direct Trunk Transport, Entrance Facilities for Switched Access traffic, Tandem Switched Transport, Signalling for Tandem Switching and residual per minute Transport Interconnection Charge (TIC) pursuant to § 69.155 of this chapter ) by price cap local exchange carrier only base period MOUs (including meet-point billing arrangements for jointly-provided interstate access by a price cap local exchange carrier and any other local exchange carrier). ( 2 ) For the purposes of determining whether the ATS charge has reached the Target Rate as set forth in § 61.3(qq) , the calculations should include all the relevant revenues and minutes for services provided under generally available price cap tariffs. ( f ) Band. A zone of pricing flexibility for a service category, which zone is calculated pursuant to § 61.47 . ( g ) Base period. For carriers subject to §§ 61.41 through 61.49 , the 12-month period ending six months prior to the effective date of annual price cap tariffs. Base year or base period earnings shall exclude amounts associated with exogenous adjustments to the PCI for the lower formula adjustment mechanism permitted by § 61.45(d)(1)(vii) . ( h ) Basket. Any class or category of tariffed service or charge: ( 1 ) Which is established by the Commission pursuant to price cap regulation; ( 2 ) The rates of which are reflected in an Actual Price Index; and ( 3 ) The related revenues of which are reflected in a Price Cap Index. ( i ) Change in rate structure. A restructuring or other alteration of the rate components for an existing service. ( j ) Charges. The price for service based on tariffed rates. ( k ) Commercial contractor. The commercial firm to whom the Commission annually awards a contract to make copies of Commission records for sale to the public. ( l ) Commission. The Federal Communications Commission. ( m ) Concurring carrier. A carrier (other than a connecting carrier) subject to the Act which concurs in and assents to schedules of rates and regulations filed on its behalf by an issuing carrier or carriers. ( n ) Connecting carrier. A carrier engaged in interstate or foreign communication solely through physical connection with the facilities of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with, such carrier. ( o ) Contract-based tariff. A tariff based on a service contract entered into between a non-dominant carrier and a customer, or between a customer and a price cap local exchange carrier which has obtained permission to offer contract-based tariff services pursuant to part 69, subpart H, of this chapter. ( p ) Corrections. The remedy of errors in typing, spelling, or punctuation. ( q ) Dominant carrier. A carrier found by the Commission to have market power ( i.e., power to control prices). ( r ) GDP Price Index (GDP-PI). The estimate of the Chain-Type Price Index for Gross Domestic Product published by the United States Department of Commerce, which the Commission designates by Order. ( s ) GNP Price Index (GNP-PI). The estimate of the “Fixed-Weighted Price Index for Gross National Product, 1982 Weights” published by the United States Department of Commerce, which the Commission designates by Order. ( t ) Incumbent Local Exchange Carrier. “ Incumbent Local Exchange Carrier” or “ILEC” has the same meaning as that term is defined in 47 U.S.C. 251(h) . ( u ) Issuing carrier. A carrier subject to the Act that publishes and files a tariff or tariffs with the Commission. ( v ) Line month. Line demand per month multiplied by twelve. ( w ) Local exchange carrier. Any person that is engaged in the provision of telephone exchange service or exchange access as defined in section 3(26) of the Act. ( x ) Mid-size company. All price cap local exchange carriers other than the Regional Bell Operating Companies and GTE. ( y ) New service offering. A tariff filing that provides for a class or sub-class of service not previously offered by the carrier involved and that enlarges the range of service options available to ratepayers. ( z ) Non-dominant carrier. A carrier not found to be dominant. The nondominant status of providers of international interexchange services for purposes of this subpart is not affected by a carrier's classification as dominant under § 63.10 of this chapter . ( aa ) Other participating carrier. A carrier subject to the Act that publishes a tariff containing rates and regulations applicable to the portion or through service it furnishes in conjunction with another subject carrier. ( bb ) Price Cap Local Exchange Carrier. A local exchange carrier subject to regulation pursuant to § 61.41 through 61.49 . ( cc ) Pooled Local Switching Revenue. For certain qualified companies as set forth in § 61.48 (m) , is the amount of additional local switching reductions in the July 2000 Annual filing allowed to be moved and recovered in the CMT basket. ( dd ) Price Cap CMT Revenue. The maximum total revenue a filing entity would be permitted to receive from End User Common Line charges under § 69.152 of this chapter , Presubscribed Interexchange Carrier charges (PICCs) under § 69.153 of this chapter , Carrier Common Line charges under § 69.154 of this chapter , and Marketing under § 69.156 of this chapter , using Base Period lines. Price Cap CMT Revenue does not include the price cap local exchange carrier universal service contributions as of July 1, 2000. The Price Cap CMT revenue does not include the pooled local switching revenue outlined in paragraph (bb) of this section. ( ee ) Price Cap Index (PCI). An index of prices applying to each basket of services of each carrier subject to price cap regulation, and calculated pursuant to § 61.45 . ( ff ) Price cap regulation. A method of regulation of dominant carriers provided in §§ 61.41 through 61.49 . ( gg ) Price cap tariff filing. Any tariff filing involving a service subject to price cap regulation, or that requires calculations pursuant to §§ 61.45 , 61.46 , or 61.47 . ( hh ) [Reserved] ( ii ) Rate. The tariffed price per unit of service. ( jj ) Rate increase. Any change in a tariff which results in an increased rate or charge to any of the filing carrier's customers. ( kk ) Rate level change. A tariff change that only affects the actual rate associated with a rate element, and does not affect any tariff regulations or any other wording of tariff language. ( ll ) Regulations. The body of carrier prescribed rules in a tariff governing the offering of service in that tariff, including rules, practices, classifications, and definitions. ( mm ) Restructured service. An offering which represents the modification of a method of charging or provisioning a service; or the introduction of a new method of charging or provisioning that does not result in a net increase in options available to customers. ( nn ) Rural Company. A company that, as of December 31, 1999, was certified to the Commission as a rural telephone company. ( oo ) Service Band Index (SBI). An index of the level of aggregate rate element rates in a service category, which index is calculated pursuant to § 61.47 . ( pp ) Service category. Any group of rate elements subject to price cap regulation, which group is subject to a band. ( qq ) Supplement. A publication filed as part of a tariff for the purpose of suspending or canceling that tariff, or tariff publication and numbered independently from the tariff page series. ( rr ) Target Rate. The applicable Target Rate shall be defined as follows: ( 1 ) For regional Bell Operating Companies and GTE, $0.0055 per ATS minute of use; ( 2 ) For a holding company with a holding company average of less than 19 Switched Access End User Common Line charge lines per square mile served such company may elect to use a Target Rate of $0.0095 with respect to all exchanges owned by that holding company on July 1, 2000, or which that holding company is, as of April 1, 2000, under a binding and executed contract to purchase; ( 3 ) For other price cap local exchange carriers, $0.0065 per ATS minute of use. ( ss ) Tariff. Schedules of rates and regulations filed by common carriers. ( tt ) Tariff publication, or publication. A tariff, supplement, revised page, additional page, concurrence, notice of revocation, adoption notice, or any other schedule of rates or regulations filed by common carriers. ( uu ) Tariff year. The period from the day in a calendar year on which a carrier's annual access tariff filing is scheduled to become effective through the preceding day of the subsequent calendar year. ( vv ) Text change. A change in the text of a tariff which does not result in a change in any rate or regulation. ( ww ) United States. The several States and Territories, the District of Columbia, and the possessions of the United States. ( xx ) Corridor service. “Corridor service” refers to interLATA services offered in the “limited corridors” established by the District Court in United States v. Western Electric Co., Inc., 569 F. Supp. 1057, 1107 (D.D.C. 1983). ( yy ) Toll dialing parity. “Toll dialing parity” exists when there is dialing parity, as defined in § 51.5 of this chapter , for toll services. ( zz ) Loop-based services. Loop-based services are services that employ Subcategory 1.3 facilities, as defined in § 36.154 of this chapter . ( aaa ) Zone Average Revenue per Line. The amount calculated as follows: Zone Average Revenue per Line = (25% * (Loop + Port)) + U (Uniform revenue per line adjustment) Where: Loop = the price for unbundled loops in a UNE zone. Port = the price for switch ports in that UNE zone. U = [(Average Price Cap CMT Revenue per Line month in a study area * price cap local exchange carrier Base Period Lines) − (25% * Σ (price cap local exchange carrier Base Period Lines in a UNE Zone * ((Loop + Port ) for all zones)))] ÷ price cap local exchange carrier Base Period Lines in a study area. ( bbb ) Access Stimulation. ( 1 ) A Competitive Local Exchange Carrier serving end user(s) or an IPES Provider serving end user(s) engages in Access Stimulation when it satisfies either paragraph (bbb)(1)(i) or (ii) of this section; and a rate-of-return local exchange carrier serving end user(s) engages in Access Stimulation when it satisfies either paragraph (bbb)(1)(i) or (iii) of this section. ( i ) The rate-of-return local exchange carrier, Competitive Local Exchange Carrier, or IPES Provider: ( A ) Has an access revenue sharing agreement, whether express, implied, written or oral, that, over the course of the agreement, would directly or indirectly result in a net payment to the other party (including affiliates) to the agreement, in which payment by the rate-of-return local exchange carrier, Competitive Local Exchange Carrier, or IPES Provider is based on the billing or collection of access charges from interexchange carriers or wireless carriers. When determining whether there is a net payment under this rule, all payments, discounts, credits, services, features, functions, and other items of value, regardless of form, provided by the rate-of-return local exchange carrier, Competitive Local Exchange Carrier, or IPES Provider to the other party to the agreement shall be taken into account; and ( B ) Has either an interstate terminating-to-originating traffic ratio of at least 3:1 in an end office or equivalent in a calendar month, or has had more than a 100 percent growth in interstate originating and/or terminating switched access minutes of use in a month compared to the same month in the preceding year for such end office or equivalent. ( ii ) A Competitive Local Exchange Carrier or IPES Provider has an interstate terminating-to-originating traffic ratio of at least 6:1 in an end office or equivalent in a calendar month. ( iii ) A rate-of-return local exchange carrier has an interstate terminating-to-originating traffic ratio of at least 10:1 in an end office or equivalent in a three-calendar month period and has 500,000 minutes or more of interstate terminating minutes-of-use per month in the same end office in the same three-calendar month period. These factors will be measured as an average over the three-calendar month period. ( 2 ) A Competitive Local Exchange Carrier serving end user(s), or an IPES Provider serving end user(s), that has engaged in Access Stimulation will continue to be deemed to be engaged in Access Stimulation until: For a carrier or provider engaging in Access Stimulation as defined in paragraph (bbb)(1)(i) of this section, it terminates all revenue sharing agreements covered in paragraph (bbb)(1)(i) of this section and does not engage in Access Stimulation as defined in paragraph (bbb)(1)(ii) of this section; and for a carrier or provider engaging in Access Stimulation as defined in paragraph (bbb)(1)(ii) of this section, its interstate terminating-to-originating traffic ratio for an end office or equivalent falls below 6:1 for six consecutive months, and it does not engage in Access Stimulation as defined in paragraph (bbb)(1)(i) of this section. ( 3 ) A rate-of-return local exchange carrier serving end user(s) that has engaged in Access Stimulation will continue to be deemed to be engaged in Access Stimulation until: For a carrier engaging in Access Stimulation as defined in paragraph (bbb)(1)(i) of this section, it terminates all revenue sharing agreements covered in paragraph (bbb)(1)(i) of this section and does not engage in Access Stimulation as defined in paragraph (bbb)(1)(iii) of this section; and for a carrier engaging in Access Stimulation as defined in paragraph (bbb)(1)(iii) of this section, its interstate terminating-to-originating traffic ratio falls below 10:1 for six consecutive months and its monthly interstate terminating minutes-of-use in an end office or equivalent falls below 500,000 for six consecutive months, and it does not engage in Access Stimulation as defined in paragraph (bbb)(1)(i) of this section. ( 4 ) A local exchange carrier engaging in Access Stimulation is subject to revised interstate switched access charge rules under § 61.26(g) (for Competitive Local Exchange Carriers) or § 61.38 and § 69.3(e)(12) of this chapter (for rate-of-return local exchange carriers). ( 5 ) In calculating the interstate terminating-to-originating traffic ratio at each end office or equivalent under this paragraph (bbb) , each Competitive Local Exchange Carrier, rate-of-return local exchange carrier or IPES Provider shall include in such calculation only traffic traversing that end office or equivalent and going to and from any telephone number associated with an Operating Company Number that has been issued to such Competitive Local Exchange Carrier, rate-of-return local exchange carrier or IPES Provider. The term “equivalent” in the phrase “end office or equivalent” means “End Office Equivalent,” as defined in this section. ( ccc ) Intermediate Access Provider. The term means, for purposes of this part and §§ 51.914 , 69.4(1) , and 69.5(b) of this chapter , any entity that provides terminating switched access tandem switching or terminating switched access tandem transport services between the final Interexchange Carrier in a call path and: ( 1 ) A local exchange carrier engaged in Access Stimulation, as defined in paragraph (bbb) of this section; or ( 2 ) A local exchange carrier delivering traffic to an IPES Provider engaged in Access Stimulation, as defined in paragraph (bbb) of this section; or ( 3 ) An IPES Provider engaged in Access Stimulation, as defined in paragraph (bbb) of this section, where the entity delivers calls directly to the IPES Provider. ( ddd ) Interexchange Carrier. The term means, for purposes of this part and §§ 69.3(e)(12)(iv) and 69.5(b) of this chapter , a retail or wholesale telecommunications carrier that uses the exchange access or information access services of another telecommunications carrier for the provision of telecommunications. ( eee ) IPES (Internet Protocol Enabled Service) Provider. The term means, for purposes of this part and §§ 51.914 , 69.4(l) and 69.5(b) of this chapter , a provider offering a service that: ( 1 ) Enables communications; ( 2 ) Requires a broadband connection from the user's location or end to end; ( 3 ) Requires internet Protocol-compatible customer premises equipment (CPE); and ( 4 ) Permits users to receive calls that originate on the public switched telephone network or that originate from an Internet Protocol service. ( fff ) End Office Equivalent. For purposes of this part and §§ 51.914 , 69.3(e)(12)(iv) and 69.4(l) of this chapter , an End Office Equivalent is the geographic location where traffic is delivered to an IPES Provider for delivery to an end user. This location shall be used as the terminating location for purposes of calculating terminating-to-originating traffic ratios, as provided in this section. For purposes of the Access Stimulation Rules, the term “equivalent” in the phrase “end office or equivalent” means End Office Equivalent. [ 54 FR 19840 , May 8, 1989] Editorial Note Editorial Note: For Federal Register citations affecting § 61.3 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . §§ 61.11-61.12 [Reserved] Subpart B—Rules for Electronic Filing Source: 63 FR 35540 , June 30, 1998, unless otherwise noted. § 61.13 Scope. ( a ) All issuing carriers that file tariffs are required to file tariff publications electronically, if practicable. ( b ) All tariff publications shall be filed in a manner that is compatible and consistent with the technical requirements of the Electronic Tariff Filing System. ( c ) Tariff publications which must be filed in hard copy format should be submitted according to the procedures set forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary . [ 83 FR 2557 , Jan. 18, 2018] § 61.14 Method of filing publications. ( a ) Publications filed electronically must be captioned to “Secretary, Federal Communications Commission, Washington, DC 20554.” The Electronic Tariff Filing System will accept filings 24 hours a day, seven days a week. The official filing date of a publication received by the Electronic Tariff Filing System will be determined by the date and time the transmission ends. If the transmission ends after the close of a business day, as that term is defined in § 1.4(e)(2) of this chapter , the filing will be date and time stamped as of the opening of the next business day. ( b ) Carriers are strongly encouraged to submit publications electronically if practicable. Carriers need only transmit one set of files to the Commission. No other copies to any other party are required. Publications which must be filed in hard copy format should be submitted according to the procedures set forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary . ( c ) Carriers that are required to file publications electronically may not file those publications on paper or other media unless specifically required to do so by the Commission. ( d ) Carriers that are required to file publications electronically need only transmit one set of files to the Commission. No other copies to any other party are required. ( e ) Carriers that are required to file publications electronically must comply with the format requirements set forth in §§ 61.52 and 61.54 , with the exception of the informational tariffs filed pursuant to 47 U.S.C. 226(h)(1)(A) . [ 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; 83 FR 2557 , Jan. 18, 2018] § 61.15 Letters of transmittal and cover letters. ( a ) All tariff publications filed with the Commission electronically must be accompanied by a letter of transmittal. All letters of transmittal filed with the Commission must be numbered consecutively by the issuing carrier beginning with Number 1. All letters of transmittal must also: ( 1 ) Concisely explain the nature and purpose of the filing; ( 2 ) Specify whether supporting information is required for the new tariff or tariff revision, and specify the Commission rule or rules governing the supporting information requirements for that filing; ( 3 ) Contain a statement indicating the date and method of filing of the original of the transmittal as required by § 61.14(b) ; ( 4 ) Include the FCC Registration Number (FRN) of the carrier(s) on whose behalf the cover letter is submitted. See subpart W of part 1 of this title . ( b ) Local exchange carriers filing tariffs electronically pursuant to the notice requirements of section 204(a)(3) of the Communications Act shall display prominently, in the upper right hand corner of the letter of transmittal, a statement that the filing is made pursuant to that section and whether the tariff is filed on 7 or 15 days notice. ( c ) Any carrier filing a new or revised tariff made on 15 days' notice or less shall include in the letter of transmittal the name, room number, street address, telephone number, and facsimile number of the individual designated by the filing carrier to receive personal or facsimile service of petitions against the filing as required under § 1.773(a)(4) of this chapter . ( d ) International carriers must certify that they are authorized under Section 214 of the Communications Act of 1934, as amended, to provide service, and reference the FCC file number of that authorization. ( e ) In addition to the requirements set forth in paragraph (a) of this section, any incumbent local exchange carrier choosing to file an Access Tariff under § 61.39 must include in the transmittal: ( 1 ) A summary of the filing's basic rates, terms and conditions; ( 2 ) A statement concerning whether any prior Commission facility authorization necessary to the implementation of the tariff has been obtained; and ( 3 ) A statement that the filing is made pursuant to § 61.39 . ( f ) In addition to the requirements set forth in paragraph (a) of this section, any price cap local exchange carrier filing a price cap tariff must include in the letter of transmittal a statement that the filing is made pursuant to § 61.49 . ( g ) The letter of transmittal must specifically reference by number any special permission necessary to implement the tariff publication. Special permission must be granted prior to the filing of the tariff publication and may not be requested in the transmittal letter. ( h ) ( 1 ) The letter of transmittal must be substantially in the following format: (Exact name of carrier in full) (Post Office Address) (Date) Transmittal No. Secretary, Federal Communications Commission; Washington, DC 20554 Attention: Wireline Competition Bureau The accompanying tariff (or other publication) issued by ____, and bearing FCC No. ____, effective ____, 20_, is sent to you for filing in compliance with the requirements of the Communications Act of 1934, as amended. (Here give the additional information required.) (Name of issuing officer or agent) (Title) ( 2 ) A separate letter of transmittal may accompany each publication, or the above format may be modified to provide for filing as many publications as desired with one transmittal letter. ( i ) All submissions of documents other than a new tariff or revisions to an existing tariff, such as Base Documents or Tariff Review Plans, must be accompanied by a cover letter that concisely explains the nature and purpose of the filing. Publications submitted under this paragraph are not required to submit a tariffing fee. [ 76 FR 43210 , July 20, 2011] § 61.16 Base documents. ( a ) The Base Document is a complete tariff which incorporates all effective revisions, as of the last day of the preceding month. The Base Document should be submitted with a cover letter as specified in § 61.15(i) and identified as the Monthly Updated Base Document. ( b ) If there have been revisions that became effective up to and including the last day of the preceding month, a new Base Document must be submitted within the first five business days of the current month that will incorporate those revisions. [ 76 FR 43211 , July 20, 2011] § 61.17 Applications for special permission. ( a ) All issuing carriers that file applications for special permission, associated documents, such as transmittal letters, requests for special permission, and supporting information, shall file those documents electronically. ( b ) Applications for special permission must contain: ( 1 ) A detailed description of the tariff publication proposed to be put into effect; ( 2 ) A statement citing the specific rules and the grounds on which waiver is sought; ( 3 ) A showing of good cause; and ( 4 ) The appropriate Illustrative tariff pages the issuing carrier wishes to either revise or add as new pages to its tariff. ( c ) An application for special permission must be addressed to “Secretary, Federal Communications Commission, Washington, DC 20554.” The Electronic Tariff Filing System will accept filings 24 hours a day, seven days a week. The official filing date of a publication received by the Electronic Tariff Filing System will be determined by the date and time the transmission ends. If the transmission ends after the close of a business day, as that term is defined in § 1.4(e)(2) of this chapter , the filing will be date and time stamped as of the opening of the next business day. ( d ) In addition, for special permission applications requiring fees as set forth in part 1, subpart G of this chapter , carriers shall submit the appropriate fee and associated payment form electronically through the process set forth in § 1.1105 of this chapter and, if practicable, the application and associated documents electronically in accordance with the procedures set forth on the Commission's website, www.fcc.gov/licensing-databases/fees . Applications which must be filed in hard copy format should be submitted according to the procedures set forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary . ( e ) In addition, if an issuing carrier applies for special permission to revise joint tariffs, the application must state that it is filed on behalf of all carriers participating in the affected service. Applications must be numbered consecutively in a series separate from FCC tariff numbers and Letters of Transmittal, bear the signature of the officer or agent of the carrier, and be in the following format: Application No. (Date) Secretary, Federal Communications Commission, Washington, DC 20554. Attention: Wireline Competition Bureau (here provide the statements required by section 61.17(b) ). (Exact name of carrier) (Name of officer or agent) (Title of officer or agent) ( f ) If approved, the issuing carrier must comply with all terms and use all authority specified in the grant. If a carrier elects to use less than the authority granted, it must apply to the Commission for modification of the original grant. If a carrier elects not to use the authority granted within sixty days of its effective date, the original grant will be automatically cancelled by the Commission. [ 76 FR 43211 , July 20, 2011, as amended at 83 FR 2557 , Jan. 18, 2018] Subpart C—General Rules for Nondominant Carriers § 61.18 Scope. The rules in this subpart apply to all nondominant carriers. [ 64 FR 46587 , Aug. 26, 1999] § 61.19 Detariffing of international and interstate, domestic interexchange services. ( a ) Except as otherwise provided in paragraphs (b) through (e) of this section, or by Commission order, carriers that are nondominant in the provision of international and interstate, domestic interexchange services shall not file tariffs for such services. ( b ) Carriers that are nondominant in the provision of international and domestic, interstate, interexchange services are permitted to file tariffs for dial-around 1 + services. For the purposes of this paragraph, dial-around 1 + calls are those calls made by accessing the interexchange carrier through the use of that carrier's carrier access code. ( c ) Carriers that are nondominant in the provision of international and domestic, interstate, interexchange services are permitted to file a tariff for such services applicable to those customers who contact the local exchange carrier to designate an interexchange carrier or to initiate a change with respect to their primary interexchange carrier. Such tariff will enable the interexchange carrier to provide service to the customer until the interexchange carrier and the customer consummate a written agreement, but in no event shall the interexchange carrier provide service to its customer pursuant to such tariff for more than 45 days. ( d ) Carriers that are nondominant in the provision of international inbound collect calls to the United States are permitted to file a tariff for such services. ( e ) Carriers that are nondominant in the provision of “on-demand” Mobile Satellite Services are permitted to file a tariff for such services applicable to those customers that have not entered into pre-existing service contracts designating a specific provider for such services. [ 66 FR 16881 , Mar. 28, 2001] § 61.20 Method of filing publications. ( a ) All issuing carriers that file tariffs shall file all tariff publications and associated documents, such as transmittal letters, requests for special permission, and supporting information, electronically in accordance with the requirements set forth in §§ 61.13 through 61.17 . ( b ) In addition, all tariff publications requiring fees as set forth in part 1, subpart G of this chapter , shall be submitted electronically if practicable in accordance with § 1.1105 of this chapter along with the electronic submission of the payment online form. Petitions which must be filed in hard copy format should be submitted according to the procedures set forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary . [ 76 FR 43211 , July 20, 2011, as amended at 83 FR 2557 , Jan, 18. 2018] § 61.25 References to other instruments. In addition to the cross-references permitted pursuant to § 61.74 , a non-dominant carrier may cross-reference in its tariff publication only the rate provisions of another carrier's FCC tariff publication, provided that the following conditions are met: ( a ) The tariff being cross-referenced must be on file with the Commission and in effect; ( b ) The issuing carrier must specifically identify in its tariff the cross-referenced tariff by Carrier Name and FCC Tariff Number; ( c ) The issuing carrier must specifically identify in its tariff the rates being cross-referenced so as to leave no doubt as to the exact rates that will apply, including but not limited to any applicable credits, discounts, promotions; and ( d ) The issuing carrier must keep its cross-references current. [ 64 FR 46588 , Aug. 26, 1999] § 61.26 Tariffing of competitive interstate switched exchange access services. ( a ) Definitions. For purposes of this section, the following definitions shall apply: ( 1 ) CLEC shall mean a local exchange carrier that provides some or all of the interstate exchange access services used to send traffic to or from an end user and does not fall within the definition of “incumbent local exchange carrier” in 47 U.S.C. 251(h) . ( 2 ) Competing ILEC shall mean the incumbent local exchange carrier, as defined in 47 U.S.C. 251(h) , that would provide interstate exchange access services, in whole or in part, to the extent those services were not provided by the CLEC. ( 3 ) Switched exchange access services shall include: ( i ) The functional equivalent of the ILEC interstate exchange access services typically associated with the following rate elements: Carrier common line (originating); carrier common line (terminating); local end office switching; interconnection charge; information surcharge; tandem switched transport termination (fixed); tandem switched transport facility (per mile); tandem switching; ( ii ) The termination of interexchange telecommunications traffic to any end user, either directly or via contractual or other arrangements with an affiliated or unaffiliated provider of interconnected VoIP service, as defined in 47 U.S.C. 153(25) , or a non-interconnected VoIP service, as defined in 47 U.S.C. 153(36) , that does not itself seek to collect reciprocal compensation charges prescribed by this subpart for that traffic, regardless of the specific functions provided or facilities used. ( 4 ) Non-rural ILEC shall mean an incumbent local exchange carrier that is not a rural telephone company under 47 U.S.C. 153(44) . ( 5 ) The rate for interstate switched exchange access services shall mean the composite, per-minute rate for these services, including all applicable fixed and traffic-sensitive charges. ( 6 ) Rural CLEC shall mean a CLEC that does not serve ( i.e., terminate traffic to or originate traffic from) any end users located within either: ( i ) Any incorporated place of 50,000 inhabitants or more, based on the most recently available population statistics of the Census Bureau or ( ii ) An urbanized area, as defined by the Census Bureau. ( b ) Except as provided in paragraphs (c) , (e) , and (g) of this section, a CLEC shall not file a tariff for its interstate switched exchange access services that prices those services above the higher of: ( 1 ) The rate charged for such services by the competing ILEC or ( 2 ) The lower of: ( i ) The benchmark rate described in paragraph (c) of this section or ( ii ) In the case of interstate switched exchange access service, the lowest rate that the CLEC has tariffed for its interstate exchange access services, within the six months preceding June 20, 2001. ( c ) The benchmark rate for a CLEC's switched exchange access services will be the rate charged for similar services by the competing ILEC. If an ILEC to which a CLEC benchmarks its rates, pursuant to this section, lowers the rate to which a CLEC benchmarks, the CLEC must revise its rates to the lower level within 15 days of the effective date of the lowered ILEC rate. ( d ) Except as provided in paragraph (g) of this section, and notwithstanding paragraphs (b) and (c) of this section, in the event that, after June 20, 2001, a CLEC begins serving end users in a metropolitan statistical area (MSA) where it has not previously served end users, the CLEC shall not file a tariff for its exchange access services in that MSA that prices those services above the rate charged for such services by the competing ILEC. ( e ) Rural exemption. Except as provided in paragraph (g) of this section, and notwithstanding paragraphs (b) through (d) of this section, a rural CLEC competing with a non-rural ILEC shall not file a tariff for its interstate exchange access services that prices those services above the rate prescribed in the NECA access tariff, assuming the highest rate band for local switching. In addition to that NECA rate, the rural CLEC may assess a presubscribed interexchange carrier charge if, and only to the extent that, the competing ILEC assesses this charge. Beginning July 1, 2013, all CLEC reciprocal compensation rates for intrastate switched exchange access services subject to this subpart also shall be no higher than that NECA rate. ( f ) If a CLEC provides some portion of the switched exchange access services used to send traffic to or from an end user not served by that CLEC, the rate for the access services provided may not exceed the rate charged by the competing ILEC for the same access services, except if the CLEC is listed in the database of the Number Portability Administration Center as providing the calling party or dialed number, the CLEC may, to the extent permitted by § 51.913(b) of this chapter , assess a rate equal to the rate that would be charged by the competing ILEC for all exchange access services required to deliver interstate traffic to the called number. ( g ) Notwithstanding paragraphs (b) through (e) of this section: ( 1 ) A CLEC engaging in access stimulation, as that term is defined in § 61.3(bbb) , shall not file a tariff for its interstate exchange access services that prices those services above the rate prescribed in the access tariff of the price cap LEC with the lowest switched access rates in the state. ( 2 ) A CLEC engaging in access stimulation, as that term is defined in § 61.3(bbb) , shall file revised interstate switched access tariffs within forty-five (45) days of commencing access stimulation, as that term is defined in § 61.3(bbb) , or within forty-five (45) days of [date] if the CLEC on that date is engaged in access stimulation, as that term is defined in § 61.3(bbb) . ( 3 ) Notwithstanding any other provision of this part, if a CLEC is engaged in Access Stimulation, as defined in § 61.3(bbb) , it shall: ( i ) Within 45 days of commencing Access Stimulation, or within 45 days of November 27, 2019, whichever is later, file tariff revisions removing from its tariff terminating switched access tandem switching and terminating switched access tandem transport access charges assessable to an Interexchange Carrier for any traffic between the tandem and the local exchange carrier's terminating end office or equivalent; and ( ii ) Within 45 days of commencing Access Stimulation, or within 45 days of November 27, 2019, whichever is later, the CLEC shall not file a tariffed rate that is assessable to an Interexchange Carrier for terminating switched access tandem switching or terminating switched access tandem transport access charges for any traffic between the tandem and the local exchange carrier's terminating end office or equivalent. [ 76 FR 73881 , Nov. 29, 2011, as amended at 77 FR 20553 , Apr. 5, 2012; 84 FR 57652 , Oct. 28, 2019] Subpart D—General Tariff Rules for International Dominant Carriers § 61.28 International dominant carrier tariff filing requirements. ( a ) Any carrier classified as dominant for the provision of particular international communications services on a particular route for any reason other than a foreign carrier affiliation under § 63.10 of this chapter shall file tariffs for those services pursuant to the notice and cost support requirements for tariff filings of dominant domestic carriers, as set forth in subpart E of this part . ( b ) Other than the notice and cost support requirements set forth in paragraph (a) of this section, all tariff filing requirements applicable to all carriers classified as dominant for the provision of particular international communications services on a particular route for any reason other than a foreign carrier affiliation pursuant to § 63.10 of this chapter are set forth in subpart C of this part . [ 66 FR 16881 , Mar. 28, 2001] Subpart E—General Rules for Dominant Carriers § 61.31 Scope. The rules in this subpart apply to all dominant carriers. [ 64 FR 46588 , Aug. 26, 1999] § 61.38 Supporting information to be submitted with letters of transmittal. ( a ) Scope. This section applies to dominant carriers whose gross annual revenues exceed $500,000 for the most recent 12 month period of operations or are estimated to exceed $500,000 for a representative 12 month period. Incumbent Local Exchange Carriers serving 50,000 or fewer access lines in a given study area that are described as subset 3 carriers in § 69.602 of this chapter may submit Access Tariff filings for that study area pursuant to either this section or § 61.39 . However, the Commission may require any issuing carrier to submit such information as may be necessary for a review of a tariff filing. This section (other than the preceding sentence of this paragraph) shall not apply to tariff filings proposing rates for services identified in § 61.42 (d) , (e) , and (g) . ( b ) Explanation and data supporting either changes or new tariff offerings. The material to be submitted for a tariff change which affects rates or charges or for a tariff offering a new service, must include an explanation of the changed or new matter, the reasons for the filing, the basis of ratemaking employed, and economic information to support the changed or new matter. ( 1 ) For a tariff change the issuing carrier must submit the following, including complete explanations of the bases for the estimates. ( i ) A cost of service study for all elements for the most recent 12 month period; ( ii ) A study containing a projection of costs for a representative 12 month period; ( iii ) Estimates of the effect of the changed matter on the traffic and revenues from the service to which the changed matter applies, the issuing carrier's other service classifications, and the carrier's overall traffic and revenues. These estimates must include the projected effects on the traffic and revenues for the same representative 12 month period used in (b)(1)(ii) above. ( 2 ) For a tariff filing offering a new service, the issuing carrier must submit the following, including complete explanations of the bases for the estimates. ( i ) A study containing a projection of costs for a representative 12 month period; and ( ii ) Estimates of the effect of the new matter on the traffic and revenues from the service to which the new matter applies, the issuing carrier's other service classifications, and the issuing carrier's overall traffic and revenues. These estimates must include the projected effects on the traffic and revenues for the same representative 12 month period used in paragraph (b)(2)(i) of this section. ( 3 ) [Reserved] ( 4 ) For a tariff that introduces a system of density pricing zones, as described in § 69.123 of this chapter , the issuing carrier must, before filing its tariff, submit a density pricing zone plan including, inter alia, documentation sufficient to establish that the system of zones reasonably reflects cost-related characteristics, such as the density of total interstate traffic in central offices located in the respective zones, and receive approval of its proposed plan. ( c ) Working papers and statistical data. ( 1 ) Concurrently with the filing of any tariff change or tariff filing for a service not previously offered, the issuing carrier must file the working papers containing the information underlying the data supplied in response to paragraph (b) of this section, and a clear explanation of how the working papers relate to that information. ( 2 ) All statistical studies must be submitted and supported in the form prescribed in § 1.363 of this chapter . ( d ) Form and content of additional material to be submitted with certain rate increases. In the circumstances set out in paragraphs (d)(1) and (2) of this section, the issuing carrier must submit all additional cost, marketing and other data underlying the working papers to justify a proposed rate increase. The issuing carrier must submit this information in suitable form to serve as the carrier's direct case in the event the rate increase is set by the Commission for investigation. ( 1 ) Rate increases affecting single services or tariffed items. ( i ) A rate increase in any service or tariffed item which results in more than $1 million in additional annual revenues, calculated on the basis of existing quantities in service, without regard to the percentage increase in such revenues; or ( ii ) A single rate increase in any service or tariffed item, or successive rate increases in the same service or tariffed item within a 12 month period, either of which results in: ( A ) At least a 10 percent increase in annual revenues from that service or tariffed item, and ( B ) At least $100,000 in additional annual revenues, both calculated on the basis of existing quantities in service. ( 2 ) Rate increases affecting more than one service or tariffed item. ( i ) A general rate increase in more than one service or tariffed item occurring at one time, which results in more than $1 million in additional revenues calculated on the basis of existing quantities in service, without regard to the percentage increase in such revenues; or ( ii ) A general rate increase in more than one service or tariffed item occurring at one time, or successive general rate increases in the same services or tariffed items occurring within a 12 month period, either of which results in: ( A ) At least a 10 percent increase in annual revenues from those services or tariffed items, and ( B ) At least $100,000 in additional annual revenues, both calculated on the basis of existing quantities in service. ( e ) Submission of explanation and data by connecting carriers. If the changed or new matter is being filed by the issuing carrier at the request of a connecting carrier, the connecting carrier must provide the data required by paragraphs (b) and (c) of this section on the date the issuing carrier files the tariff matter with the Commission. ( f ) Copies of explanation and data to customers. Concurrently with the filing of any rate for special construction (or special assembly equipment and arrangements) developed on the basis of estimated costs, the issuing carrier must transmit to the customer a copy of the explanation and data required by paragraphs (b) and (c) of this section. ( g ) On each page of cost support material submitted pursuant to this section, the issuing carrier shall indicate the transmittal number under which that page was submitted. [ 76 FR 43211 , July 20, 2011] § 61.39 Optional supporting information to be submitted with letters of transmittal for Access Tariff filings by incumbent local exchange carriers serving 50,000 or fewer access lines in a given study area that are described as subset 3 carriers in § 69.602 . ( a ) Scope. Except as provided in paragraph (g) of this section, This section provides for an optional method of filing for any local exchange carrier that is described as a subset 3 carrier in § 69.602 of this chapter , which elects to issue its own Access Tariff for a period commencing on or after April 1, 1989, and which serves 50,000 or fewer access lines in a study area as determined under § 36.611(a)(8) of this chapter . However, the Commission may require any carrier to submit such information as may be necessary for review of a tariff filing. This section (other than the preceding sentence of this paragraph) shall not apply to tariff filings of local exchange carriers subject to price cap regulation. ( b ) Explanation and data supporting tariff changes. The material to be submitted to either a tariff change or a new tariff which affects rates or charges must include an explanation of the filing in the transmittal as required by § 61.15 . The basis for ratemaking must comply with the following requirements. Except as provided in paragraph (b)(5) of this section, it is not necessary to submit this supporting data at the time of filing. However, the incumbent local exchange carrier should be prepared to submit the data promptly upon reasonable request by the Commission or interested parties. ( 1 ) For a tariff change, the incumbent local exchange carrier that is a cost schedule carrier must propose Traffic Sensitive rates based on the following: ( i ) For the first period, a cost of service study for Traffic Sensitive elements for the most recent 12-month period with related demand for the same period. ( ii ) For subsequent filings, a cost of service study for Traffic Sensitive elements for the total period since the incumbent local exchange carrier's last annual filing, with related demand for the same period. ( 2 ) For a tariff change, the incumbent local exchange carrier that is an average schedule carrier must propose Traffic Sensitive rates based on the following: ( i ) For the first period, the incumbent local exchange carrier's most recent annual Traffic Sensitive settlement from the National Exchange Carrier Association pool. ( ii ) For subsequent filings, an amount calculated to reflect the Traffic Sensitive average schedule pool settlement the carrier would have received if the carrier had continued to participate, based upon the most recent average schedule formulas approved by the Commission. ( 3 ) For a tariff change, the incumbent local exchange carrier that is a cost schedule carrier must propose Common Line rates based on the following: ( i ) For the first biennial filing, the common line revenue requirement shall be determined by a cost of service study for the most recent 12-month period. Subscriber line charges shall be based on cost and demand data for the same period. Carrier common line rates shall be determined by the following formula: Where: And where: CCL Rev Req = carrier common line revenue requirement for the most recent 12-month period; CCL MOU b = carrier common line minutes of use for the most recent 12-month period; CCL MOU 1 = CCL MOU b ; and CCL MOU 0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month period. ( ii ) For subsequent biennial filings, the common line revenue requirement shall be determined by a cost of service study for the most recent 24-month period. Subscriber line charges shall be based on cost and demand data for the same period. Carrier common line rates shall be determined by the following formula: Where: And where: CCL Rev Req = carrier common line revenue requirement for the most recent 24-month period; CCL MOU b = carrier common line minutes of use for the most recent 24-month period; CCL MOU 1 = carrier common line minutes of use for the 12-month period; and CCL MOU 0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month period. ( 4 ) For a tariff change, the incumbent local exchange carrier which is an average schedule carrier must propose common line rates based on the following: ( i ) For the first biennial filings, the common line revenue requirement shall be determined by the incumbent local exchange carrier's most recent annual Common Line settlement from the National Exchange Carrier Association. Subscriber line charges shall be based on cost and demand data for the same period. Carrier common line rates shall be determined by the following formula: Where: And where: CCL Rev Req = carrier common line settlement for the most recent 12-month period; CCL MOU b = carrier common line minutes of use for the most recent 12-month period; CCL MOU 1 = CCL MOU b ; and CCL MOU 0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month period. ( ii ) For subsequent biennial filings, the common line revenue requirement shall be an amount calculated to reflect the average schedule pool settlements the carrier would have received if the carrier had continued to participate in the carrier common line pool, based upon the average schedule Common Line formulas developed by the National Exchange Carrier Association for the most recent 24-month period. Subscriber line charges shall be based on cost and demand data for the same period. Carrier common line rates shall be determined by the following formula: Where: And where: CCL Rev Req = carrier common line settlement for the most recent 24-month period; CCL MOU b = carrier common line minutes of use for the most recent 24-month period; CCL MOU 1 = carrier common line minutes of use for the most recent 12-month period; and CCL MOU 0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month period. ( 5 ) For End User Common Line charges included in a tariff pursuant to this Section, the incumbent local exchange carrier must provide supporting information for the two-year historical period with its letter of transmittal in accordance with § 61.38 . ( c ) Maximum allowable rate of return. Incumbent Local exchange carriers filing tariffs under this section are not required to comply with §§ 65.700 through 65.701 of this chapter , except with respect to periods during which tariffs were not subject to this section. The Commission may require any carrier to submit such information if it deems it necessary to monitor the carrier's earnings. However, rates must be calculated based on the incumbent local exchange carrier's prescribed rate of return applicable to the period during which the rates are effective. ( d ) Rates for a new service that is the same as that offered by a price cap local exchange carrier providing service in an adjacent serving area are deemed presumptively lawful, if the proposed rates, in the aggregate, are no greater than the rates established by the price cap local exchange carrier. Tariff filings made pursuant to this paragraph must include the following: ( 1 ) A brief explanation of why the service is like an existing service offered by a geographically adjacent price cap local exchange carrier; and ( 2 ) Data to establish compliance with this paragraph that, in aggregate, the proposed rates for the new service are no greater than those in effect for the same or comparable service offered by that same geographically adjacent price cap regulated local exchange carrier. Compliance may be shown through submission of applicable tariff pages of the adjacent carrier; a showing that the serving areas are adjacent; any necessary explanations and work sheets. ( e ) Average schedule companies filing pursuant to this section shall retain their status as average schedule companies. ( f ) On each page of cost support material submitted pursuant to this section, the issuing carrier shall indicate the transmittal number under which that page was submitted. ( g ) Engagement in Access Stimulation. A local exchange carrier otherwise eligible to file a tariff pursuant to this section may not do so if it is engaging in Access Stimulation, as that term is defined in § 61.3(bbb) . A carrier so engaged must file interstate access tariffs in accordance with § 61.38 and § 69.3(e)(12) of this chapter . [ 76 FR 43212 , July 20, 2011, as amended at 76 FR 73882 , Nov. 29, 2011; 84 FR 57652 , Oct. 28, 2019] § 61.40 Private line rate structure guidelines. ( a ) The Commission uses a variety of tools to determine whether a dominant carrier's private line tariffs are just, reasonable, and nondiscriminatory. The dominant carrier's burden of cost justification can be reduced when its private line rate structures comply with the following five guidelines. ( 1 ) Rate structures for the same or comparable services should be integrated; ( 2 ) Rate structures for the same or comparable services should be consistent with one another; ( 3 ) Rate elements should be selected to reflect market demand, pricing convenience for the carrier and customers, and cost characteristics; a rate element which appears separately in one rate structure should appear separately in all other rate structures; ( 4 ) Rate elements should be consistently defined with respect to underlying service functions and should be consistently employed through all rate structures; and ( 5 ) Rate structures should be simple and easy to understand. ( b ) The guidelines do not preclude a carrier, in a given case when a private line tariff does not comply with these guidelines, from justifying its departure from the guidelines and showing that its tariff is just, reasonable, and nondiscriminatory. [ 49 FR 40869 , Oct. 18, 1984, as amended at 76 FR 43213 , July 20, 2011] § 61.41 Price cap requirements generally. ( a ) Sections 61.42 through 61.49 shall apply as follows: ( 1 ) [Reserved] ( 2 ) To such price cap local exchange carriers as specified by Commission order, and to all local exchange carriers, other than average schedule companies, that are affiliated with such carriers; and ( 3 ) On an elective basis, to local exchange carriers, other than those specified in paragraph (a)(2) of this section, that are neither participants in any Association tariff, nor affiliated with any such participants, except that affiliation with average schedule companies shall not bar a carrier from electing price cap regulation provided the carrier is otherwise eligible. ( b ) If a telephone company, or any one of a group of affiliated telephone companies, files a price cap tariff in one study area, that telephone company and its affiliates, except its average schedule affiliates, must file price cap tariffs in all their study areas. ( c ) Except as provided in paragraph (e) of this section, the following rules in this paragraph (c) apply to telephone companies subject to price cap regulation, as that term is defined in § 61.3(ee) , which are involved in mergers, acquisitions, or similar transactions. ( 1 ) Any telephone company subject to price cap regulation that is a party to a merger, acquisition, or similar transaction shall continue to be subject to price cap regulation notwithstanding such transaction. ( 2 ) Where a telephone company subject to price cap regulation acquires, is acquired by, merges with, or otherwise becomes affiliated with a telephone company that is not subject to price cap regulation, the latter telephone company shall become subject to price cap regulation no later than one year following the effective date of such merger, acquisition, or similar transaction and shall accordingly file price cap tariffs to be effective no later than that date in accordance with the applicable provisions of this part 61. ( 3 ) Notwithstanding the provisions of § 61.41(c)(2) , when a telephone company subject to price cap regulation acquires, is acquired by, merges with, or otherwise becomes affiliated with a telephone company that qualifies as an “average schedule” company, the latter company may retain its “average schedule” status or become subject to price cap regulation in accordance with § 69.3(i)(3) of this chapter and the requirements referenced in that section. ( d ) Except as provided in paragraph (e) of this section, local exchange carriers that become subject to price cap regulation as that term is defined in § 61.3(ff) shall not be eligible to withdraw from such regulation. ( e ) Notwithstanding the requirements of paragraphs (c) and (d) of this section, a telephone company subject to rate-of-return regulation may return lines acquired from a telephone company subject to price cap regulation to rate-of-return regulation, provided that the acquired lines will not be subject to average schedule settlements, and provided further that the telephone company subject to rate-of-return regulation may not for five years elect price cap regulation for itself, or by any means cause the acquired lines to become subject to price cap regulation. ( f ) Notwithstanding the requirements of paragraphs (c) and (d) of this section, a telephone company subject to rate-of-return regulation that is affiliated with a price cap local exchange carrier may provide business data services pursuant to § 61.50 without converting other services to price cap regulation. [ 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; 65 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 , Dec. 28, 2018] § 61.42 Price cap baskets and service categories. ( a ) - ( c ) [Reserved] ( d ) Each price cap local exchange carrier shall establish baskets of services as follows: ( 1 ) A basket for the common line, marketing, and certain residual interconnection charge interstate access elements as described in §§ 69.115 , 69.152 , 69.153 , 69.154 , 69.155 , 69.156 , and 69.157 of this chapter . For purposes of §§ 61.41 through 61.49 , this basket shall be referred to as the “CMT basket.” ( 2 ) A basket for traffic sensitive switched interstate access elements. For purposes of §§ 61.41 through 61.49 of this chapter , this basket shall be referred to as the “traffic-sensitive basket.” ( 3 ) A basket for trunking services as described in §§ 69.110 , 69.111 , 69.112 , 69.125(b) , 69.129 , and 69.155 of this chapter . For purposes of §§ 61.41 through 61.49 , this basket shall be referred to as the “trunking basket.” ( 4 ) ( i ) To the extent that a price cap local exchange carrier specified in § 61.41(a)(2) or (a)(3) offers interstate interexchange services that are not classified as access services for the purpose of part 69 of this chapter , such exchange carrier shall establish a fourth basket for such services. For purposes of §§ 61.41 through 61.49 , this basket shall be referred to as the “interexchange basket.” ( ii ) If a price cap local exchange carrier has implemented interLATA and intraLATA toll dialing parity everywhere it provides local exchange services at the holding company level, that price cap carrier may file a tariff revision to remove corridor and interstate intraLATA toll services from its interexchange basket. ( 5 ) A basket for special access services as described in § 69.114 of this chapter . ( e ) ( 1 ) The traffic sensitive switched interstate access basket shall contain such services as the Commission shall permit or require, including the following service categories: ( i ) Local switching as described in § 69.106(f) of this chapter ; ( ii ) Information, as described in § 69.109 of this chapter ; ( iii ) Data base access services; ( iv ) Billing name and address, as described in § 69.128 of this chapter ; ( v ) Local switching trunk ports, as described in § 69.106(f)(1) of this chapter ; and ( vi ) Signalling transfer point port termination, as described in § 69.125(c) of this chapter . ( 2 ) The trunking basket shall contain such switched transport as the Commission shall permit or require, including the following service categories and subcategories: ( i ) Voice grade entrance facilities, voice grade direct-trunked transport, voice grade dedicated signalling transport, ( ii ) High capacity flat-rated transport, including the following service subcategories: ( A ) DS1 entrance facilities, DS1 direct-trunked transport, DS1 dedicated signalling transport, and ( B ) DS3 entrance facilities, DS3 direct-trunked transport, DS3 dedicated signalling transport. ( iii ) Tandem-switched transport, as described in § 69.111 of this chapter ; and ( iv ) Signalling for tandem switching, as described in § 69.129 of this chapter . ( 3 ) The special access basket shall contain special access services as the Commission shall permit or require, including the following service categories and subcategories: ( i ) Voice grade special access, WATS special access, metallic special access, and telegraph special access services; ( ii ) Audio and video services; ( iii ) High capacity special access, and DDS services, including the following service subcategories: ( A ) DS1 special access services; and ( B ) DS3 special access services; ( iv ) Wideband data and wideband analog services. ( f ) Each price cap local exchange carrier shall exclude from its price cap baskets such services or portions of such services as the Commission has designated or may hereafter designate by order. ( g ) New services, other than those within the scope of paragraph (f) of this section, must be included in the affected basket at the first annual price cap tariff filing following completion of the base period in which they are introduced. To the extent that such new services are permitted or required to be included in new or existing service categories within the assigned basket, they shall be so included at the first annual price cap tariff filing following completion of the base period in which they are introduced. [ 54 FR 19842 , May 8, 1989] Editorial Note Editorial Note: For Federal Register citations affecting § 61.42 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 61.43 Annual price cap filings required. Price cap local exchange carriers shall submit annual price cap tariff filings that propose rates for the upcoming tariff year, that make appropriate adjustments to their PCI, API, and SBI values pursuant to §§ 61.45 through 61.47 , and that incorporate new services into the PCI, API, or SBI calculations pursuant to §§ 61.45(g) , 61.46(b) , and 61.47(b) and (c) . Price cap local exchange carriers may propose rate, PCI, or other tariff changes more often than annually, consistent with the requirements of § 61.59 . [ 76 FR 43214 , July 20, 2011] § 61.44 [Reserved] § 61.45 Adjustments to the PCI for Local Exchange Carriers. ( a ) Price cap local exchange carriers shall file adjustments to the PCI for each basket as part of the annual price cap tariff filing, and shall maintain updated PCIs to reflect the effect of mid-year exogenous cost changes. ( b ) ( 1 ) ( i ) Adjustments to price cap local exchange carrier PCIs, in those carriers' annual access tariff filings, the traffic sensitive basket described in § 61.42(d)(2) , the trunking basket described in § 61.42(d)(3) , the special access basket described in § 61.42(d)(5) and the Interexchange Basket described in § 61.42(d)(4)(i) , shall be made pursuant to the following formula: “PCI t = PCI t − 1 [1 + w[GDP-PI − X] + Z / R].” PCI t − 1 = PCI t −1 [1 + w[GDP-PI − X] + Z / R] Where the terms in the equation are described: GDP-PI = For annual filings only, the percentage change in the GDP-PI between the quarter ending six months prior to the effective date of the new annual tariff and the corresponding quarter of the previous year. For all other filings, the value is zero. X = For the CMT, traffic sensitive, and trunking baskets, for annual filings only, the factor is set at the level prescribed in paragraphs (b)(1)(ii) and (iii) of this section. For the interexchange basket, for annual filings only, the factor is set at the level prescribed in paragraph (b)(1)(v) of this section. For the special access basket, for annual filings only, the factor is set at the level prescribed in paragraph (b)(1)(iv) of this section. For all other filings, the value is zero. g = For annual filings for the CMT basket only, the ratio of minutes of use per access line during the base period, to minutes of use per access line during the previous base period, all minus 1. Z = The dollar effect of current regulatory changes when compared to the regulations in effect at the time the PCI was updated to PCI t−1 , measured at base period level of operations. Targeted Reduction = the actual possible dollar value of the (GDP-PI − X) reductions that will be targeted to the ATS Charge pursuant to § 61.45(i)(3) . The reductions calculated by applying the (GDP-PI − X) portion of the formula to the CCL element within the CMT basket will contain the “g” component, as defined above. R = Base period quantities for each rate element “I”, multiplied by the price for each rate element “I” at the time the PCI was updated to PCI t − 1. w = R + Z, all divided by R (used for the traffic sensitive, trunking, and special access baskets). w ix = R—(access rate in effect at the time the PCI was updated to PCI t − 1 * base period demand) + Z, all divided by R. PCI t = The new PCI value. PCI t −1 = the immediately preceding PCI value. ( ii ) The X value applicable to the baskets specified in §§ 61.42(d)(1) , (d)(2) , and (d)(3) , shall be 6.5%, to the extent necessary to reduce a tariff entity's ATS charge to its Target Rate as set forth in § 61.3(qq) . Once any price cap local exchange carrier tariff entity's ATS Charge is equal to the Target Rate as set forth in § 61.3(qq) for the first time (the former NYNEX telephone companies may be treated as a separate tariff entity), then, except as provided in paragraph (b)(1)(iii) of this section, X is equal to GDP-PI and no further reductions will be mandated ( i.e., if applying the full X-factor reduction for a given year would reduce the ATS charge below the Target Rate as set forth in § 61.3 (qq) , the amount of X-factor reduction applied that year will be the amount necessary to reach the Target Rate as set forth in § 61.3 (qq) ). A filing entity does not reach the Target Rate as set forth in § 61.3(qq) in any year in which it exercises an exogenous adjustment pursuant to § 61.45(d)(vii) . For companies with separate tariff entities under a single price cap, the following rules shall apply: ( A ) Targeting amounts as defined in § 61.45(i)(1)(i) shall be identified separately, using the revenue for each of the tariff entities under the cap. ( B ) Each tariff entity shall only be required to use the amount of targeting necessary to get to the Target Rate as set forth in § 61.3 (qq) . ( iii ) ( A ) Except as provided in paragraph (b)(1)(iii)(B) of this section, once the Tariff Entity's Target Rate as set forth in § 61.3 (qq) is achieved, the X-factor for the CMT basket will equal GDP-PI as long as GDP-PI is less than or equal to 6.5% and greater than 0%. If GDP-PI is greater than 6.5%, and an entity has eliminated its CCL and multi-line business PICCs charges, the X-factor for the CMT basket will equal 6.5%, and all End User Common Line charges, rates and nominal caps, will be increased by the difference between GDP-PI and the 6.5% X-factor. If GDP-PI is less than 0, the X-factor for the CMT basket will be 0. ( B ) For tariff filing entities with a Target Rate of $0.0095, or for the portion of a filing entity consolidated pursuant to § 61.48(o) that, prior to such consolidation, had a Target Rate of $0.0095, in which the ATS charge has achieved the Target Rate but in which the carrier common line (CCL) charge has not been eliminated, the X-factor for the CMT basket will be 6.5% until the earlier of June 30, 2004, or until CCL charges are eliminated pursuant to paragraph (i)(4) of this section. Thereafter, in any filing entity in which a CCL charge remains after July 1, 2004, the X-factor for the CMT basket will be determined pursuant to paragraph (b)(1)(iii)(A) of this section as if CCL charges were eliminated. ( iv ) For the special access basket specified in § 61.42(d)(5) , the value of X shall be 2.0% beginning December 1, 2017, notwithstanding any language in § 61.45(b)(1)(i) . ( v ) For the interexchange basket specified in § 61.42(d)(4) , the value of X shall be 3.0% for all annual filings. ( 2 ) Adjustments to price cap local exchange carrier PCIs and average price cap CMT revenue per line, in tariff filings other than the annual access tariff filing, for the CMT basket described in § 61.42(d)(1) , the traffic sensitive basket described in § 61.42(d)(2) , the trunking basket described in § 61.42(d)(3) , the interexchange basket described in § 61.42(d)(4) , and the special access basket described in § 61.42(d)(5) , shall be made pursuant to the formulas set forth in paragraph (b)(1)(i) of this section, except that the “w(GDP-PI − X)” component of those PCI formulas shall not be employed. ( c ) Effective July 1, 2000, the prices of the CMT basket rate elements, excluding special access surcharges under § 69.115 of this chapter and line ports in excess of basic under § 69.157 of this chapter , shall be set based upon Average Price Cap CMT Revenue per Line month. ( d ) The exogenous cost changes represented by the term “Z” in the formula detailed in paragraph (b)(1)(i) of this section shall be limited to those cost changes that the Commission shall permit or require by rule, rule waiver, or declaratory ruling. ( 1 ) Subject to further order of the Commission, those exogenous changes shall include cost changes caused by: ( i ) The completion of the amortization of depreciation reserve deficiencies; ( ii ) Such changes in the Uniform System of Accounts, including changes in the Uniform System of Accounts requirements made pursuant to § 32.16 of this chapter , as the Commission shall permit or require be treated as exogenous by rule, rule waiver, or declaratory ruling; ( iii ) Changes in the Separations Manual; ( iv ) [Reserved] ( v ) The reallocation of investment from regulated to nonregulated activities pursuant to § 64.901 of this chapter ; ( vi ) Such tax law changes and other extraordinary cost changes as the Commission shall permit or require be treated as exogenous by rule, rule waiver, or declaratory ruling; ( vii ) Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in § 69.731 of this chapter . The allocation of LFAM amounts will be allocated pursuant to § 61.45(d)(3) . This section shall not be applicable to tariff filings during the tariff year beginning July 1, 2000, but is applicable in subsequent years; ( viii ) Inside wire amortizations; ( ix ) The completion of amortization of equal access expenses. ( 2 ) Price cap local exchange carriers specified in §§ 61.41(a)(2) or (a)(3) shall, in their annual access tariff filing, recognize all exogenous cost changes attributable to modifications during the coming tariff year in their Subscriber Plant Factor and the Dial Equipment Minutes factor, and completions of inside wire amortizations and reserve deficiency amortizations. ( 3 ) Exogenous cost changes shall be apportioned on a cost-causative basis between price cap services as a group, and excluded services as a group. Total exogenous cost changes thus attributed to price cap services shall be recovered from services other than those used to calculate the ATS charge. ( e ) [Reserved] ( f ) The exogenous costs caused by new services subject to price cap regulation must be included in the appropriate PCI calculations under paragraphs (b) and (c) of this section beginning at the first annual price cap tariff filing following completion of the base period in which such services are introduced. ( g ) In the event that a price cap tariff becomes effective, which tariff results in an API value (calculated pursuant to § 61.46 ) that exceeds the currently applicable PCI value, the PCI value shall be adjusted upward to equal the API value. ( h ) [Reserved] ( i ) ( 1 ) ( i ) Price cap local exchange carriers that are recovering revenues through rates pursuant to §§ 69.106 , 69.108 , 69.109 , 69.110 , 69.111 , 69.112 , 69.113 , 69.118 , 69.123 , 69.124 , 69.125 , 69.129 , or § 69.155 of this chapter shall target, to the extent necessary to reduce the ATS Charge to the Target Rate as set forth in § 61.3 (qq) for the first time, any PCI reductions associated with the dollar impact of application of the (GDP-PI − X) portion of the formula in § 61.45(b)(1)(i) to the traffic sensitive and trunking baskets. In order to calculate the actual dollars to transfer to the trunking and traffic sensitive baskets, carriers will first determine the “Targeted Revenue Differential” that will be transferred to the trunking and traffic sensitive baskets to reduce the ATS Charge to the Target Rate as set forth in § 61.3(qq) . The Targeted Revenue Differential shall be applied only to the trunking and traffic sensitive baskets to the extent necessary to reduce the ATS charge to the Target Rate as set forth in § 61.3 (qq) , and shall not be applied to reduce the PCIs in any other basket or to reduce Average Price Cap CMT Revenue per Line month, except as provided in § 61.45(i)(4) . ( ii ) For the purposes of § 61.45(i)(1)(i) , Targeted Revenue Differential will be determined by adding together the following amounts: ( A ) R * (GDP-PI − X) for the traffic sensitive basket, trunking basket, and the CMT basket excluding CCL revenues; and ( B ) CCL Revenues * [(GDP-PI − X − (g / 2)] / [1 + (g / 2)] Where “g” is defined in § 61.45(b)(1)(i) . ( 2 ) Until a tariff entity's ATS Charge equals the Target Rate as set forth in § 61.3 (qq) for the first time, the Targeted Revenue Differential will be targeted to reduce the following rates for that tariff filing entity, in order of priority: ( i ) To the residual per minute Transport Interconnection Charge, until that rate is $0.00; then ( ii ) To the Information Surcharge, until that rate is $0.00; then ( iii ) To the other Local Switching charges and Switched Transport charges until the tariff entity's ATS Rate equals the Target Rate as set forth in § 61.3(qq) for the first time. In making these reductions, the reductions to Local Switching rates as a percentage of total X-factor reductions must be greater than or equal to the percentage proportion of Local Switching revenues to the total sum of revenues for Local Switching, Local Switching Trunk Ports, Signalling Transfer Point Port Termination, Switched Direct Trunked Transport, Signalling for Switched Direct Trunked Transport, Entrance Facilities for switched access traffic, Tandem Switched Transport, and Signalling for Tandem Switching ( i.e., Local Switching gets at least its proportionate share of reductions). ( 3 ) After a price cap local exchange carrier reaches the Target Rate as set forth in § 61.3(qq) , the ATS Rate will be recalculated each subsequent Annual Filing. This process will identify the new ATS Charge for the new base period level. Due to change in base period demand and inclusion of new services for that annual filing, the absolute level of a tariff entity's ATS Charge may change. The resulting new ATS Charge level will be what that tariff entity will be measured against during that base period. For example, if a company whose target is $0.0055 reached the Target Rate during the 2000 annual filing, that level may change to $0.0058 in the 2001 annual filing due to change in demand and inclusion of new services. Therefore, it will be the $0.0058 average rate that the tariff entity will be measured against for all non-annual filings. Likewise, if that same company was at the Target Rate during the 2000 filing, that level may change to $0.0053 average rate in the 2001 annual filing due to change in demand and inclusion of new services. In that case, it will be at the $0.0053 average rate that the tariff entity will be measured. ( 4 ) A company electing a $0.0095 Target Rate will, in the tariff year it reaches the Target Rate, apply any Targeted Revenue Differential remaining after reaching the Target Rate to reduce Average Price Cap CMT Revenue per Line month until the CCL charge is eliminated. In subsequent years, until the earlier of June 30, 2004 or when the CCL charge is eliminated, tariff filing entities with a Target Rate of $0.0095, or the portion of a filing entity consolidated pursuant to § 61.48(o) that, prior to such consolidation, had a Target Rate of $0.0095, will reduce Average Price Cap CMT Revenue per Line month according to the following method: ( i ) Filing entity calculates the maximum allowable carrier common line revenue, as defined in § 61.46(d)(1) , that would be permitted in the absence of further adjustment pursuant to this paragraph; ( ii ) Filing entity identifies maximum amount of dollars available to reduce Average Price Cap CMT Revenue per Line month by the following: (CMT revenue in a $0.0095 Area −CCL revenue in a $0.0095 Area) * (GDP-PI −X) + (CCL Revenue in a $0.0095 Area) * [(GDP-PI − X) − (g / 2)] / [1 + (g / 2)] ( iii ) The Average Price Cap CMT Revenue per Line month shall then be reduced by the lesser of the amount described in paragraph (i)(4)(i) of this section and the amount described in paragraph (i)(4)(ii) of this section, divided by base period Switched Access End User Common Line Charge lines. [ 65 FR 38696 , June 21, 2000; 65 FR 57741 , Sept. 26, 2000; 76 FR 43214 , July 20, 2011; 82 FR 25711 , June 2, 2017] § 61.46 Adjustments to the API. ( a ) Except as provided in paragraphs (d) and (e) of this section, in connection with any price cap tariff filing proposing rate changes, the price cap local exchange carrier must calculate an API for each affected basket pursuant to the following methodology: API t = API t-1 [Σi v i (P t /P t-1 )i] Where: API t = the proposed API value, API t-1 = the existing API value, P t = the proposed price for rate element “i,” P t-1 = the existing price for rate element “i,” and v i = the current estimated revenue weight for rate element “i,” calculated as the ratio of the base period demand for the rate element “i” priced at the existing rate, to the base period demand for the entire basket of services priced at existing rates. ( b ) New services subject to price cap regulation must be included in the appropriate API calculations under paragraph (a) of this section beginning at the first annual price cap tariff filing following completion of the base period in which they are introduced. This index adjustment requires that the demand for the new service during the base period must be included in determining the weights used in calculating the API. ( c ) Any price cap tariff filing proposing rate restructuring shall require an adjustment to the API pursuant to the general methodology described in paragraph (a) of this section. This adjustment requires the conversion of existing rates into rates of equivalent value under the proposed structure, and then the comparison of the existing rates that have been converted to reflect restructuring to the proposed restructured rates. This calculation may require use of carrier data and estimation techniques to assign customers of the preexisting service to those services (including the new restructured service) that will remain or become available after restructuring. ( d ) The maximum allowable carrier common line (CCL) revenue shall be computed pursuant to the following methodology: CCL = CMT−EUCL−Interstate Access Universal Service Support Mechanism Per Line−PICC Where: CMT = Price Cap CMT Revenue as defined in § 61.3(cc) . EUCL = Maximum allowable EUCL rates established pursuant to § 69.152 of this chapter multiplied by base period lines. Interstate Access Universal Service Support Per Line = the amount as determined by the Administrator pursuant to § 54.807 of this chapter times the number of base period lines for each customer class and zone receiving Interstate Access Universal Service support pursuant to part 54, subpart J. PICC = Maximum allowable PICC rates established pursuant to § 69.153 of this chapter multiplied by base period lines. ( e ) In no case shall a price cap local exchange carrier include data associated with services offered pursuant to contract tariff in the calculations required by this section. [ 65 FR 38698 , June 21, 2000; 65 FR 57741 , 57742 , Sept. 26, 2000; 76 FR 43214 , July 20, 2011] § 61.47 Adjustments to the SBI; pricing bands. ( a ) In connection with any price cap tariff filing proposing changes in the rates of services in service categories, subcategories, or density zones, the carrier must calculate an SBI value for each affected service category, subcategory, or density zone pursuant to the following methodology: SBI t = SBI t-1 [Σ i v i (P t /P t−1 ) i ] where SBI t = the proposed SBI value, SBI t-1 = the existing SBI value, P t = the proposed price for rate element “i,” P t-1 = the existing price for rate element “i,” and v i = the current estimated revenue weight for rate element “i,” calculated as the ratio of the base period demand for the rate element “i” priced at the existing rate, to the base period demand for the entire group of rate elements comprising the service category priced at existing rates. ( b ) New services that are added to existing service categories or subcategories must be included in the appropriate SBI calculations under paragraph (a) of this section beginning at the first annual price cap tariff filing following completion of the base period in which they are introduced. This index adjustment requires that the demand for the new service during the base period must be included in determining the weights used in calculating the SBI. ( c ) In the event that the introduction of a new service requires the creation of a new service category or subcategory, a new SBI must be established for that service category or subcategory beginning at the first annual price cap tariff filing following completion of the base period in which the new service is introduced. The new SBI should be initialized at a value of 100, corresponding to the service category or subcategory rates in effect the last day of the base period, and thereafter should be adjusted as provided in paragraph (a) of this section. ( d ) Any price cap tariff filing proposing rate restructuring shall require an adjustment to the affected SBI pursuant to the general methodology described in paragraph (a) of this section. This adjustment requires the conversion of existing rates in the rate element group into rates of equivalent value under the proposed structure, and then the comparison of the existing rates that have been converted to reflect restructuring to the proposed restructured rates. This calculation may require use of carrier data and estimation techniques to assign customers of the preexisting service to those services (including the new restructured service) that will remain or become available after restructuring. ( e ) Pricing bands shall be established each tariff year for each service category and subcategory within a basket. Each band shall limit the pricing flexibility of the service category, subcategory, as reflected in the SBI, to an annual increase of a specified percent listed in this paragraph, relative to the percentage change in the PCI for that basket, measured from the levels in effect on the last day of the preceding tariff year. For local exchanage carriers subject to price cap regulation as that term is defined in § 61.3(ee) , there shall be no lower pricing band for any service category or subcategory. ( 1 ) Five percent: ( i ) Local Switching (traffic sensitive basket) ( ii ) Information (traffic sensitive basket) ( iii ) Database Access Services (traffic sensitive basket) ( iv ) 800 Database Vertical Services subservice (traffic sensitive basket) ( v ) Billing Name and Address (traffic sensitive basket) ( vi ) Local Switching Trunk Ports (traffic sensitive basket) ( vii ) Signalling Transfer Point Port Termination (traffic sensitive basket) ( viii ) Voice Grade (trunking and special access baskets) ( ix ) Audio/Video (special access basket) ( x ) Total High Capacity (trunking and special access baskets) ( xi ) DS1 Subservice (trunking and special access baskets) ( xii ) DS3 Subservice (trunking and special access baskets) ( xiii ) Wideband (special access basket) ( 2 ) Two percent: ( i ) Tandem-Switched Transport (trunking basket) ( ii ) Signalling for Tandem Switching (trunking basket) ( f ) A price cap local exchange carrier may establish density zones pursuant to the requirements set forth in § 69.123 of this chapter , for any service in the trunking and special access baskets, other than the interconnection charge set forth in § 69.124 of this chapter . The pricing flexibility of each zone shall be limited to an annual increase of 15 percent, relative to the percentage change in the PCI for that basket, measured from the levels in effect on the last day of the preceding tariff year. There shall be no lower pricing band for any density zone. ( g ) - ( i ) (l) [Reserved] ( 2 ) Effective January 1, 1998, notwithstanding the requirements of paragraph (a) of this section, if a price cap local exchange carrier is recovering interconnection charge revenues through per-minute rates pursuant to § 69.155 of this chapter , any reductions to the PCI for the basket designated in § 61.42(d)(3) resulting from the application of the provisions of § 61.45(b)(1)(i) and from the application of the provisions of §§ 61.45(i)(1) and 61.45(i)(2) shall be directed to the SBI of the service category designated in § 61.42(d)(i) . ( 3 ) [Reserved] ( 4 ) Effective January 1, 1998, the SBI reduction required by paragraph (i)(2) of this section shall be determined by dividing the sum of the dollar amount of any PCI reduction required by §§ 61.45(i)(1) and 61.45(i)(2) , by the dollar amount associated with the SBI for the service category designated in § 61.42(e)(2)(vi) , and multiplying the SBI for the service category designated in § 61.42(e)(2)(vi) by one minus the resulting ratio. ( 5 ) Effective July 1, 2000, notwithstanding the requirements of paragraph (a) of this section and subject to the limitations of § 61.45(i) , if a price cap local exchange carrier is recovering an ATS charge greater than its Target Rate as set forth in § 61.3(qq) , any reductions to the PCI for the traffic sensitive or trunking baskets designated in §§ 61.42(d)(2) and 61.42(d)(3) resulting from the application of the provisions of § 61.45(b) , and the formula in § 61.45(b) and from the application of the provisions of §§ 61.45(i)(1) , and 61.45(i)(2) shall be directed to the SBIs of the service categories designated in §§ 61.42(e)(1) and 61.42(e)(2) . ( j ) [Reserved] ( k ) In no case shall a price cap local exchange carrier include data associated with services offered pursuant to contract tariff in the calculations required by this section. [ 54 FR 19843 , May 8, 1989] Editorial Note Editorial Note: For Federal Register citations affecting § 61.47 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 61.48 Transition rules for price cap formula calculations. ( a ) - ( h ) [Reserved] ( i ) Transport and Special Access Density Pricing Zone Transition Rules — ( 1 ) Definitions. The following definitions apply for purposes of paragraph (i) of this section: Earlier date is the earlier of the special access zone date and the transport zone date. Earlier service is special access if the special access zone date precedes the transport zone date, and is transport if the transport zone date precedes the special access zone date. Later date is the later of the special access zone date and the transport zone date. Later service is transport if the special access zone date precedes the transport zone date, and is special access if the transport zone date precedes the special access zone date. Revenue weight of a given group of services included in a zone category is the ratio of base period demand for the given service rate elements included in the category priced at existing rates, to the base period demand for the entire group of rate elements comprising the category priced at existing rates. Special access zone date is the date on which a local exchange carrier tariff establishing divergent special access rates in different zones, as described in § 69.123(c) of this chapter , becomes effective. Transport zone date is the date on which a local exchange carrier tariff establishing divergent switched transport rates in different zones, as described in § 69.123(d) of this chapter , becomes effective. ( 2 ) Simultaneous Introduction of Special Access and Transport Zones. Price cap local exchange carriers that have established density pricing zones pursuant to § 69.123 of this chapter , and whose special access zone date and transport zone date occur on the same date, shall initially establish density pricing zone SBIs and bands pursuant to the methodology in §§ 61.47(e) through (f) . ( 3 ) Sequential Introduction of Zones in the Same Tariff Year. Notwithstanding §§ 61.47(e) through (f) , price cap local exchange carriers that have established density pricing zones pursuant to § 69.123 of this chapter , and whose special access zone date and transport zone date occur on different dates during the same tariff year, shall, on the earlier date, establish density pricing zone SBIs and pricing bands using the methodology described in §§ 61.47(e) through (f) , but applicable to the earlier service only. On the later date, such carriers shall recalculate the SBIs and pricing bands to limit the pricing flexibility of the services included in each density pricing zone category, as reflected in its SBI, as follows: ( i ) The upper pricing band shall be a weighted average of the following: ( A ) The upper pricing band that applied to the earlier services included in the zone category on the day preceding the later date, weighted by the revenue weight of the earlier services included in the zone category; and ( B ) 1.05 times the SBI value for the services included in the zone category on the day preceding the later date, weighted by the revenue weight of the later services included in the zone category. ( ii ) [Reserved] ( iii ) On the later date, the SBI value for the zone category shall be equal to the SBI value for the category on the day preceding the later date. ( 4 ) Introduction of Zones in Different Tariff Years. Notwithstanding §§ 61.47(e) through (f) , those price cap local exchange carriers that have established density pricing zones pursuant to § 69.123 of this chapter , and whose special access zone date and transport zone date do not occur within the same tariff year, shall, on the earlier date, establish density pricing zone SBIs and pricing bands using the methodology described in §§ 61.47(e) through (f) , but applicable to the earlier service only. ( j ) - ( k ) [Reserved] ( l ) Average Traffic Sensitive Revenues. ( 1 ) In the July 1, 2000 annual filing, price cap local exchange carriers will make an additional reduction to rates comprising ATS charge, and to associated SBI upper limits and PCIs. This reduction will be calculated to be the amount that would be necessary to achieve a total $2.1 billion reduction in carrier common line and ATS rates by all price cap local exchange carriers, compared with those rates as they existed on June 30, 2000 using 2000 annual filing base period demand. ( i ) The net change in revenue associated with Carrier Common Line Rate elements resulting from: ( A ) The removal from access of price cap local exchange carrier contributions to the Federal universal service mechanisms; ( B ) Price cap local exchange carrier receipts of interstate access universal service support pursuant to subpart J of part 54; ( C ) Changes in End User Common Line Charges and PICC rates; ( D ) Changes in Carrier Common Line charges due to GDP-PI − X targeting for $0.0095 filing entities. ( ii ) Reductions in Average Traffic Sensitive charges resulting from: ( A ) Targeting of the application of the (GDP-PI − X) portion of the formula in § 61.45(b) , and any applicable “g” adjustments; ( B ) The removal from access of price cap local exchange carrier contributions to the Federal universal service mechanisms; ( C ) Additional ATS charge reductions defined in paragraph (2) of this section. ( 2 ) Once the reductions in paragraph (l)(1)(i) and paragraphs (l)(1)(ii)(A) and (l)(1)(ii)(B) of this section are identified, the difference between those reductions and $2.1 billion is the total amount of additional reductions that would be made to ATS rates of price cap local exchange carriers. This amount will then be restated as the percentage of total price cap local exchange carrier Local Switching revenues as of June 30, 2000 using 2000 annual filing base period demand (“June 30 Local Switching revenues”) necessary to yield the total amount of additional reductions and taking into account the fact that, if participating, a price cap local exchange carrier would not reduce ATS rates below its Target Rate as set forth in § 61.3(qq) .Each price cap local exchange carrier then reduces ATS rate elements, and associated SBI upper limits and PCIs, by a dollar amount equivalent to the percentage times the June 30 Local Switching revenues for that filing entity, provided that no price cap local exchange carrier shall be required to reduce its ATS rates below its Target Rate as set forth in § 61.3(qq) . Each price cap local exchange carrier can take its additional reductions against any of the ATS rate elements, provided that at least a proportional share must be taken against Local Switching rates. ( m ) Pooled Local Switching Revenues. ( 1 ) Price cap local exchange carriers are permitted to pool local switching revenues in their CMT basket under one of the following conditions. ( i ) Any price cap local exchange carrier that would otherwise have July 1, 2000 price cap reductions as a percentage of Base Period Price Cap Revenues at the holding company level greater than the industry wide total July 1, 2000 price cap revenue reduction as a percentage of Base Period Price Cap Revenues may elect temporarily to pool the amount of the additional reductions above 25% of the Local Switching element revenues necessary to yield that carrier's proportionate share of a total $2.1 billion reduction in switched access usage rates on July 1, 2000. The basis of the reduction calculation will be R at PCI t-1 for the upcoming tariff year. The percentage reductions per line amounts will be calculated as follows: (Total Price Cap Revenue Reduction ÷ Base Period Price Cap Revenues) Pooled local switching revenue for each filing entity within a holding company that qualifies under this paragraph (i) will continue until such pooled revenues are eliminated under this paragraph. Notwithstanding the provisions of § 61.45(b)(1) , once the Average Traffic Sensitive (ATS) rate reaches the applicable Target Rate as set forth in § 61.3(qq) , the Targeted Revenue Differential as defined in § 61.45(i) shall be targeted to reducing pooled local switching revenue until the pooled local switching revenue is eliminated. Thereafter, the X-factor for these baskets will be determined in accordance with § 61.45(b)(1) . ( ii ) Price cap local exchange carriers other than the Bell companies and GTE with at least 20% of total holding company lines operated by companies that as of December 31, 1999 were certified to the Commission as rural carriers, may elect to pool up to the following amounts: ( A ) For a price cap holding company's predominantly non-rural filing entities ( i.e., filing entities within which more than 50% of all lines are operated by telephone companies other than those that as of December 31, 1999 were certified to the Commission as rural telephone companies), the amount of the additional reductions to Average Traffic Sensitive Charge rates as defined in paragraph (l)(2) of this section, to the extent such reductions exceed 25% of the Local Switching element revenues (measured in terms of June 30, 2000 rates times 1999 base period demand); ( B ) For a price cap holding company's predominantly rural filing entities ( i.e., filing entities with greater than 50% of lines operated by telephone companies that as of December 31, 1999 were certified to the Commission as rural telephone companies), the amount of the additional reductions to Average Traffic Sensitive Charge rates as defined in paragraph (l)(2) of this section. ( 2 ) Allocation of Pooled Local Switching Revenue to Certain CMT Elements ( i ) The pooled local switching revenue for each filing entity is shifted to the CMT basket within price caps. Pooled local switching revenue will not be included in calculations to determine the eligibility for interstate access universal service funding. ( ii ) Pooled local switching revenue will be capped on a revenue per line basis. ( iii ) Pooled local switching revenue is included in the total revenue for the CMT basket in calculating the X-factor reduction targeted to the traffic sensitive rate elements, and for companies qualified under paragraph (m)(1)(i) of this section, to pooled elements after the Average Traffic Sensitive Charge reaches the target level. For the purpose of targeting X-factor reductions, companies that allocate pooled local switching revenue to other filing entities pursuant to paragraph (m)(2)(vii) of this section shall include pooled local switching revenue in the total revenue of the CMT basket of the filing entity from which the pooled local switching revenue originated. ( iv ) Pooled local switching revenue shall be kept separate from CMT revenue in the CMT basket. CMT rate elements for each filing entity shall first be set based on CMT revenue per line without regard to the presence of pooled local switching revenue for each filing entity. ( v ) If the rates generated without regard to the presence of pooled local switching revenue for multi-line business PICC and/or multi-line business SLC are below the nominal caps of $4.31 and $9.20, respectively, pooled amounts can be added to these rate elements to the extent permitted by the nominal caps. ( vi ) Notwithstanding the provisions of § 69.152(k) of this chapter , pooled local switching revenue is first added to the multi-line business SLC until the rate equals the nominal cap ($9.20) or the pooled local switching revenue is fully allocated. If pooled local switching revenue remains after applying amounts to the multi-line business SLC, notwithstanding the provisions of § 69.153 of this chapter , the remaining pooled local switching revenue may be added to the multi-line business PICC until the rate equals the nominal cap ($4.31) or the pooled local switching revenue is fully allocated. Unallocated pooled local switching revenue may still remain. For companies pooling pursuant to paragraph (m)(1)(i) of this section, these unallocated amounts may not be recovered from the CCL charge, the primary residential and single-line business SLC, a non-primary residential SLC, or from CMT elements in any other filing entity. ( vii ) For companies pooling pursuant to paragraph (m)(1)(ii) of this section, pooled local switching revenue that can not be allocated to the multi-line business PICC and multi-line business SLC rates within an individual filing entity may not be recovered from the CCL charge, primary residential and single-line business SLC or residential/single-line business SLC charges, but may be allocated to other filing entities within the holding company, and collected by adding these amounts to the multi-line business PICC and multi-line business SLC rates. The allocation of pooled local switching revenue among filing entities will be re-calculated at each annual filing. In subsequent annual filings, pooled local switching revenue that was allocated to another filing entity will be reallocated to the filing entity from where it originated, to the full extent permitted by the nominal caps of $9.20 and $4.31. ( viii ) Notwithstanding the provisions of § 69.152(k) of this chapter , these unallocated local switching revenues that cannot be recovered fully pursuant to paragraph (m)(2)(vii) of this section are first added to the multi-line business SLC of other filing entities until the resulting rate equals the nominal cap ($9.20) or the pooled local switching revenue for the holding company is fully allocated. If the pooled local switching revenue can be fully allocated to the multi-line business SLC, the amount is distributed to each filing entity with a rate below the nominal cap ($9.20) based on its below-cap multi-line business SLC revenue as a percentage of the total holding company's below-cap multi-line business SLC revenue. ( ix ) If pooled local switching revenue remains after applying amounts to the multi-line business SLC of all filing entities in the holding company, pooled local switching revenue may be added to the multi-line business PICC of other filing entities. Notwithstanding the provisions of § 69.153 of this chapter , the remaining pooled local switching revenue is distributed to each filing entity with a rate below the nominal cap ($4.31) based on its below-cap multi-line business PICC revenue as a percentage of the total holding company's below-cap multi-line business PICC revenue. ( x ) If pooled local switching revenue is added to the multi-line business SLC but not to the multi-line business PICC for a filing entity that qualified to deaverage SLCs without regard to pooled local switching revenue, the resulting SLC rates can still be deaveraged. Total pooled local switching revenue is added to the deaveraged zone 1 multi-line business SLC rate until the per line rate in zone 1 equals the rate in zone 2 or until the pooled local switching revenue is fully allocated to the deaveraged multi-line business SLC rate for zone 1. If pooled local switching revenue remains after the rate in zone 1 equals zone 2, the deaveraged rates of zone 1 and zone 2 are increased until the pooled local switching revenue is fully allocated to the deaveraged multi-line business SLC rates of zone 1 and 2 or until those rates reach the zone 3 multi-line business SLC rate level. This process continues until pooled local switching revenue is fully allocated to the zone deaveraged rates. ( n ) Establishment of the special access basket, effective July 1, 2000. ( 1 ) On the effective date, the PCI value for the special access basket, as defined in § 61.42(d)(5) shall be equal to the PCI for the trunking basket on the day preceding the establishment of the special access basket. ( 2 ) On the effective date, the API value for the special access basket, as defined in § 61.42(d)(5) shall be equal to the API for the trunking basket on the day preceding the establishment of the special access basket. ( 3 ) Service Category, Subcategory, and Density Zone SBIs and Upper Limits. ( i ) Interconnection, Tandem Switched Transport, and Signalling Interconnec- tion will retain the SBIs and upper limits and remain in the trunking basket. ( ii ) Audio/Video and Wideband will retain the SBIs and upper limits and be moved into the special access basket. ( iii ) For Voice Grade, the SBIs and upper limits in both baskets will be equal to the SBIs and upper limits in the existing trunking basket on the day preceding the establishment of the special access basket. Voice Grade density zones in the trunking basket will retain their indices and upper limits. Voice Grade density zones will be initialized in the special access basket when services are first offered in them. ( iv ) For High Cap/DDS, DS1, and DS3 category and subcategories, the SBIs and upper limits in both baskets will be equal to the SBIs and upper limits in the existing trunking basket on the day preceding the establishment of the special access basket. SBIs and upper limits for services that are in both combined density zones and either DTT/EF or special access density zones will be calculated by using weighted averages of the indices in the affected zones. ( v ) For each DTT/EF-related zone remaining in the trunking basket, the values will be calculated by taking the sum of the products of the DTT/EF revenues times the DTT/EF index (or upper limit) and the DTT/EF-related revenues in the combined zone times the combined index (or upper limit), and dividing by the total DTT/EF-related revenues for that zone. ( vi ) For each special access-related zone in the special access basket, the values will be calculated by taking the sum of the products of the special access revenues times the special access index (or upper limit) and the special access-related revenues in the combined zone times the combined index (or upper limit), and dividing by the total special access-related revenues for that zone. ( o ) Treatment of acquisitions of exchanges with different ATS Target Rates as set forth in § 61.3(qq) : ( 1 ) In the event that a price cap local exchange carrier acquires a filing entity or portion thereof from a price cap local exchange carrier after July 1, 2000, and the price cap local exchange carrier did not have a binding and executed contract to purchase that filing entity or portion thereof as of April 1, 2000, those properties retain their pre-existing Target Rates as set forth in § 61.3(qq) . If those properties are merged into a filing entity with a different Target Rate as set forth in § 61.3(qq) , the Target Rate as set forth in § 61.3(qq) for the merged filing entity will be the weighted average of the Target Rates as set forth in § 61.3(qq) for the properties being combined into a single filing entity, with the average weighted by local switching minutes. When a property acquired as a result of a contract for purchase executed after April 1, 2000 is merged with $0.0095 Target Rate properties, the obligation to apply price cap reductions to reduce CCL, pursuant to § 61.45(b)(iii) does not apply to the properties purchased under contracts executed after April 1, 2000, but continues to apply to the other properties. ( 2 ) For sale of properties for which a holding company was, as of April 1, 2000, under a binding and executed contract to purchase but which close after June 30, 2000, but during tariff year 2000, and that are subject to the $0.0095 Target Rate as set forth in § 61.3(qq) , the Average Traffic Sensitive Rate charged by the purchaser for that property will be the greater of $0.0095 or the Average Traffic Sensitive Rate for that property. [ 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; 59 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. 26, 1999; 65 FR 38699 , June 21, 2000; 65 FR 57742 , 57743 , Sept. 26, 2000; 76 FR 43214 , July 20, 2011] § 61.49 Supporting information to be submitted with letters of transmittal for tariffs of carriers subject to price cap regulation. ( a ) Each price cap tariff filing must be accompanied by supporting materials sufficient to calculate required adjustments to each PCI, API, and SBI pursuant to the methodologies provided in §§ 61.45 , 61.46 , and 61.47 , as applicable. ( b ) Each price cap tariff filing that proposes rates that are within applicable bands established pursuant to § 61.47 , and that results in an API value that is equal to or less than the applicable PCI value, must be accompanied by supporting materials sufficient to establish compliance with the applicable bands, and to calculate the necessary adjustment to the affected APIs and SBIs pursuant to §§ 61.46 and 61.47 , respectively. ( c ) Each price cap tariff filing that proposes rates above the applicable band limits established in §§ 61.47 (e) must be accompanied by supporting materials establishing substantial cause for the proposed rates. ( d ) Each price cap tariff filing that proposes rates that will result in an API value that exceeds the applicable PCI value must be accompanied by: ( 1 ) An explanation of the manner in which all costs have been allocated among baskets; and ( 2 ) Within the affected basket, a cost assignment slowing down to the lowest possible level of disaggregation, including a detailed explanation of the reasons for the prices of all rate elements to which costs are not assigned. ( e ) Each price cap tariff filing that proposes restructuring of existing rates must be accompanied by supporting materials sufficient to make the adjustments to each affected API and SBI required by §§ 61.46(c) and 61.47(d), respectively. ( f ) ( 1 ) [Reserved] ( 2 ) Each tariff filing submitted by a price cap local exchange carrier that introduces a new loop-based service, as defined in § 61.3(pp) of this part —including a restructured unbundled basic service element (BSE), as defined in § 69.2(mm) of this chapter , that constitutes a new loop-based service—that is or will later be included in a basket, must be accompanied by cost data sufficient to establish that the new loop-based service or unbundled BSE will not recover more than a just and reasonable portion of the carrier's overhead costs. ( 3 ) A price cap local exchange carrier may submit without cost data any tariff filings that introduce new services, other than loop-based services. ( 4 ) A price cap local exchange carrier that has removed its corridor or interstate ntraLATA toll services from its interexchange basket pursuant to § 61.42(d)(4)(ii) , may submit its tariff filings for corridor or interstate intraLATA toll services without cost data. ( g ) Each tariff filing submitted by a price cap local exchange carrier that introduces a new loop-based service or a restructured unbundled basic service element (BSE), as defined in § 69.2(mm) of this chapter , that is or will later be included in a basket, or that introduces or changes the rates for connection charge subelements for expanded interconnection, as defined in § 69.121 of this chapter , must also be accompanied by: ( 1 ) The following, including complete explanations of the bases for the estimates. ( i ) A study containing a projection of costs for a representative 12 month period; and ( ii ) Estimates of the effect of the new tariff on the traffic and revenues from the service to which the new tariff applies, the carrier's other service classifications, and the carrier's overall traffic and revenues. These estimates must include the projected effects on the traffic and revenues for the same representative 12 month period used in paragraph (g)(1)(i) of this section. ( 2 ) Working papers and statistical data. ( i ) Concurrently with the filing of any tariff change or tariff filing for a service not previously offered, the issuing carriers must file the working papers containing the information underlying the data supplied in response to paragraph (h)(1) of this section, and a clear explanation of how the working papers relate to that information. ( ii ) All statistical studies must be submitted and supported in the form prescribed in § 1.363 of the Commission's rules. ( h ) Each tariff filing submitted by a price cap local exchange carrier that introduces or changes the rates for connection charge subelements for expanded interconnection, as defined in § 69.121 of this chapter , must be accompanied by cost data sufficient to establish that such charges will not recover more than a just and reasonable portion of the carrier's overhead costs. ( i ) [Reserved] ( j ) For a tariff that introduces a system of density pricing zones, as described in § 69.123 of this chapter , the carrier must, before filing its tariff, submit a density pricing zone plan including, inter alia, documentation sufficient to establish that the system of zones reasonably reflects cost-related characteristics, such as the density of total interstate traffic in central offices located in the respective zones, and receive approval of its proposed plan. ( k ) [Reserved] ( l ) On each page of cost support material submitted pursuant to this section, the issuing carrier shall indicate the transmittal number under which that page was submitted. [ 54 FR 19843 , May 8, 1989] Editorial Note Editorial Note: For Federal Register citations affecting § 61.49 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 61.50 Regulation of business data services offered by rate-of-return carriers electing incentive regulation. ( a ) A rate-of-return carrier, as defined in § 51.903(g) of this chapter , may elect to offer its business data services subject to incentive regulation pursuant to this section. A rate-of-return carrier may elect to offer business data services subject to incentive regulation pursuant to this section only if all affiliated rate-of-return carriers meeting the requirements of paragraph (b) of this section make the election. A carrier's election under this section is irrevocable. ( b ) A rate-of-return carrier is eligible to elect incentive regulation for its business data services if the carrier: ( 1 ) Receives universal service payments pursuant to the Alternative-Connect America Cost Model pursuant to § 54.311 of this chapter ; ( 2 ) Is an affiliate of a price cap local exchange carrier operating pursuant to a waiver of § 61.41 ; ( 3 ) Receives universal service payments pursuant to § 54.306 of this chapter ; or ( 4 ) Transitions away from legacy support mechanisms in the future. ( c ) A rate-of-return carrier electing to offer business data services pursuant to this section shall employ the procedures outlined in §§ 61.42 through 61.49 to calculate rates for its business data services and adjust its indexes for those rates to the extent those sections are applicable to business data services, except that: ( 1 ) Exogenous costs associated with regulated services shall be allocated to business data services based on relative regulated business data services revenues, compared to regulated revenues and related support receipts; and ( 2 ) An electing carrier is not required to file a short form tariff review plan as required by § 61.49(k) . ( d ) A rate-of-return carrier electing to offer business data services pursuant to this section must remove its business data services from the NECA Traffic Sensitive Pool. Such a carrier may continue to participate in the NECA Traffic Sensitive Pool and tariff for access services other than business data services. ( e ) A rate-of-return carrier offering business data services pursuant to this section may offer those business data services at different rates in different study areas. ( f ) A rate-of-return carrier offering business data services pursuant to this section may make a low-end adjustment pursuant to § 61.45(d)(1)(vii) unless it: ( 1 ) Exercises the regulatory relief pursuant to paragraph (g) of this section in any part of its service region; or ( 2 ) Exercises the option to use Generally Accepted Accounting Principles rather than the part 32 Uniform System of Accounts pursuant to § 32.11(g) of this chapter . ( g ) A rate-of-return carrier electing to offer business data services pursuant to this section may offer time division multiplexed transport and end user channel termination services at or below a DS3 bandwidth that include: ( 1 ) Volume and term discounts; ( 2 ) Contract-based tariffs, provided that: ( i ) Contract-based tariff services are made generally available to all similarly situated customers; and ( ii ) The rate-of-return carrier excludes all contract-based tariff offerings from incentive regulation; and ( 3 ) The ability to file tariff revisions on at least one day's notice, notwithstanding the notice requirements for tariff filings specified in § 61.58 . ( h ) A rate-of-return carrier electing to offer business data services pursuant to this section shall comply with the requirements of § 69.805 of this chapter in its study areas deemed non-competitive pursuant to this section. ( i ) The regulation of other services offered by a carrier that offers business data services pursuant to this section shall not be modified as a result of the requirements of this section. ( j ) ( 1 ) The Wireline Competition Bureau will conduct an initial competitive market test for rate-of-return carriers eligible to elect incentive regulation pursuant to this section. Study areas of such carriers will be deemed competitive if 75 percent of the census blocks within the study area are reported to have a minimum of 10 Mbps download and 1 Mbps upload broadband service offered by a cable operator based on the most current publicly available Form 477 data. A list of study areas deemed competitive by the competitive market test will be published on the Commission's website. ( 2 ) The Wireline Competition Bureau will conduct subsequent competitive market tests for rate-of-return carriers electing incentive regulation pursuant to this section contemporaneously with the subsequent tests mandated by § 69.803 of this chapter for price cap carriers. ( 3 ) A study area of an electing carrier deemed competitive by the competitive market test will retain its status in subsequent tests. ( k ) ( 1 ) Packet-based and time division multiplexed business data services above a DS3 bandwidth offered by a rate-of-return carrier pursuant to this section shall not be subject to ex ante pricing regulation. ( 2 ) Time division multiplexed end user channel termination business data services at or below a DS3 bandwidth offered by a rate-of-return carrier pursuant to this section in study areas deemed competitive by the competitive market test shall not be subject to ex ante pricing regulation. ( 3 ) A rate-of-return carrier electing incentive regulation for its business data services must detariff: ( i ) All packet-based and time division multiplexed business data services above a DS3 bandwidth within thirty-six months after the effective date of its election of incentive regulation; and ( ii ) All time division multiplexed end user channel termination business data services at or below a DS3 bandwidth in any study area deemed competitive by the competitive market test within thirty-six months after such services shall be deemed competitive in a study area. ( l ) ( 1 ) A rate-of-return carrier electing incentive regulation for its business data services effective July 1, 2019 must notify the Chief of the Wireline Competition Bureau of its election by May 1, 2019 for it to become effective concurrent with the annual access tariff filing in 2019. ( 2 ) A rate-of-return carrier electing incentive regulation for its business data services effective July 1, 2020 must notify the Chief of the Wireline Competition Bureau of its election by May 1, 2020 for it to become effective concurrent with the annual access tariff filing in 2020. ( 3 ) A rate-of-return carrier accepting future offers of Alternative-Connect America Cost Model support or otherwise transitioning away from legacy support mechanisms and electing incentive regulation for its business data services must notify the Chief of the Wireline Competition Bureau of its election by May 1 following its acceptance of the offer for it to become effective concurrent with that year's annual access tariff filing. [ 83 FR 67122 , Dec. 28, 2018] Subpart F—Formatting and Notice Requirements for Tariff Publications Source: 76 FR 43215 , July 20, 2011, unless otherwise noted. § 61.51 Scope. The rules in this subpart apply to tariffs filed by issuing carriers, with the exception of the informational tariffs filed pursuant to 47 U.S.C. 226(h)(1)(A) , unless otherwise noted. [ 76 FR 43215 , July 20, 2011] § 61.52 Form, size, type, legibility, etc. ( a ) Pages of tariffs must be numbered consecutively and designated as “Original title page,” “Original page 1,” “Original page 2,” etc. ( 1 ) All such pages must show, in the upper left-hand corner the name of the issuing carrier; in the upper right-hand corner the FCC number of the tariff, with the page designation directly below; in the lower left-hand corner the issued date; in the lower right-hand corner the effective date; and at the bottom, center, the street address of the issuing officer. The carrier must also specify the issuing officer's title either at the bottom center of all tariff pages, or on the title page and check sheet only. ( 2 ) As an alternative, the issuing carrier may show in the upper left-hand corner the name of the issuing carrier, the title and street address of the issuing officer, and the issued date; and in the upper right-hand corner the FCC number of the tariff, with the page designation directly below, and the effective date. The carrier must specify the issuing officer's title in the upper left-hand corner of either all tariff pages, or on the title page and check sheet only. A carrier electing to place the information at the top of the page should annotate the bottom of each page to indicate the end of the material, e.g., a line, or the term “Printed in USA,” or “End”. ( 3 ) Only one format may be employed in a tariff publication. ( b ) All issuing carriers shall file all tariff publications and associated documents, such as transmittal letters, requests for special permission, and supporting information, electronically in accordance with the requirements set forth in §§ 61.13 through 61.17 . [ 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; 76 FR 43215 , July 20, 2011] § 61.54 Composition of tariffs. ( a ) Tariffs must contain in consecutive order: A title page; check sheet; table of contents; list of concurring, connecting, and other participating carriers; explanation of symbols and abbreviations; application of tariff; general rules (including definitions), regulations, exceptions and conditions; and rates. If the issuing carrier elects to add a section assisting in the use of the tariff, it should be placed immediately after the table of contents. ( b ) The title page of every tarif_f and supplement must show: ( 1 ) FCC number, indication of cancellations. In the upper right-hand corner, the designation of the tariff or supplement as “FCC No. ____,” or “Supplement No. ____ to FCC No. ____,” and immediately below, the FCC number or numbers of tariffs or supplements cancelled thereby. ( 2 ) Name of carrier, class of service, geographical application, means of transmission. The exact name of the carrier, and such other information as may be necessary to identify the carrier issuing the tariff publication; a brief statement showing each class of service provided; the geographical application; and the type of facilities used to provide service. ( 3 ) Expiration date. Subject to § 61.59 , when the entire tariff or supplement is to expire with a fixed date, the expiration date must be shown in connection with the effective date in the following manner. Changes in expiration date must be made pursuant to the notice requirements of § 61.58 , unless otherwise authorized by the Commission. Expires at the end of __ (date) unless sooner canceled, changed, or extended. ( 4 ) Title and address of issuing officer. The title and street address of the officer issuing the tariff or supplement in the format specified in § 61.52 . ( 5 ) Revised title page. When a revised title page is issued, the following notation must be shown in connection with its effective date: Original tariff _effective __________ (here show the effective date of the original tariff). ( c ) ( 1 ) ( i ) The page immediately following the title page must be designated as “Original page 1” and captioned “Check Sheet.” When the original tariff is filed, the check sheet must show the number of pages contained in the tariff. For example, “Page 1 to 150, inclusive, of this tariff are effective as of the date shown.” When new pages are added, they must be numbered in continuing sequence, and designated as “Original page ____ .” For example, when the original tariff filed has 150 pages, the first page added after page 150 is to be designated as “Original page 151,” and the foregoing notation must be revised to include the added pages. ( ii ) Alternatively, the carrier is permitted to number its tariff pages, other than the check sheet, to reflect the section number of the tariff as well as the page. For example, under this system, pages in section 1 of the tariff would be numbered 1-1, 1-2, etc., and pages in section 2 of the tariff would be numbered 2-1, 2-2, etc. Issuing carriers shall utilize only one page numbering system throughout its tariff. ( 2 ) If pages are to be inserted between numbered pages, each such page must be designated as an original page and must bear the number of the immediately preceding page followed by an alpha or numeric suffix. For example, when two new pages are to be inserted between pages 44 and 45 of the tariff, the first inserted page must be designated as Original page 44A or 44.1 and the second inserted page as Original page 44B or 44.2. Issuing carriers may not utilize both the alpha and numeric systems in the same publication. ( 3 ) ( i ) When pages are revised, when new pages (including pages with letter or numeric suffix as set forth above) are added to the tariff, or when supplements are issued, the check sheet must be revised accordingly. Revised check sheets must indicate with an asterisk the specific pages added or revised. In addition to the notation in (1), the check sheet must list, under the heading “The original and revised pages named below (and Supplement No. ____) contain all changes from the original tariff that are in effect on the date shown,” all original pages in numerical order that have been added to the tariff and the pages which have been revised, including the revision number. For example: Page Number of revision except as indicated Title 1st 1 *8th 3 5th 5A *Orig. 10 *8th 151 Orig. *New or Revised page. ( ii ) On each page, the carrier shall indicate the transmittal number under which that page was submitted. ( 4 ) Changes in, and additions to tariffs must be made by reprinting the page upon which a change or addition is made. Such changed page is to be designated as a revised page, cancelling the page which it amends. For example, “First revised page 1 cancels original page 1,” or “Second revised page 2 cancels first revised page 2,” etc. When a revised page omits rates or regulations previously published on the page which it cancels, but such rates or regulations are published on another page, the revised page must make specific reference to the page on which the rates or regulations will be found. This reference must be accomplished by inserting a sentence at the bottom of the revised page that states “Certain rates (or regulations) previously found on this page can now be found on page ___.” In addition, the page on which the omitted material now appears must bear the appropriate symbol opposite such material, and make specific reference to the page from which the rates or regulations were transferred. This reference must be accomplished by inserting a sentence at the bottom of the other page that states “Certain rates (or regulations) on this page formerly appeared on page ____.” ( 5 ) Rejected pages must be treated as indicated in § 61.69 . ( d ) Table of contents. The table of contents must contain a full and complete statement showing the exact location and specifying the page or section and page numbers, where information by subjects under general headings will be found. If a tariff contains so small a volume of matter that its title page or its interior arrangement plainly discloses its contents, the table of contents may be omitted. ( e ) Tariff User's guide. At its option, a carrier may include a section explaining how to use the tariff. ( f ) List of concurring carriers. This list must contain the exact name or names of carriers concurring in the tariff, alphabetically arranged, and the name of the city or town in which the principal office of every such carrier is located. If there are no concurring carriers, then the statement “no concurring carriers” must be made at the place where the names of the concurring carriers would otherwise appear. If the concurring carriers are numerous, their names may be stated in alphabetical order in a separate tariff filed with the Commission by the issuing carrier. Specific reference to such separate tariff by FCC number must be made in the tariff at the place where such names would otherwise appear. ( g ) List of connecting carriers. This list must contain the exact name or names of connecting carriers, alphabetically arranged, for which rates or regulations are published in the tariff, and the name of the city or town in which the principal office of every such carrier is located. If there are no connecting carriers, then the statement “no connecting carriers” must be made at the place where their names would otherwise appear. If connecting carriers are numerous, their names may be stated in alphabetical order in a separate tariff filed with the Commission by the issuing carrier. Specific reference to such separate tariff by FCC number must be made in the tariff at the place where such names would otherwise appear. ( h ) List of other participating carriers. This list must contain the exact name of every other carrier subject to the Act engaging or participating in the communication service to which the tariff or supplement applies, together with the name of the city or town in which the principal office of such carrier is located. If there is no such other carrier, then the statement “no participating carriers” must be made at the place where the names of such other carriers would otherwise appear. If such other carriers are numerous, their names may be stated in alphabetical order in a separate tariff filed with the Commission by the issuing carrier. Specific reference must be made in the tariff at the place where such names would otherwise appear. The names of concurring and connecting carriers properly listed in a tariff published by any other participating carrier need not be repeated in this list. ( i ) ( 1 ) Symbols, reference marks, abbreviations. The tariff must contain an explanation of symbols, reference marks, and abbreviations of technical terms used. The following symbols used in tariffs are reserved for the purposes indicated below: R to signify reduction. I to signify increase. C to signify changed regulation. T to signify a change in text but no change in rate or regulation. S to signify reissued matter. M to signify matter relocated without change. N to signify new rate or regulation. D to signify discontinued rate or regulation. Z to signify a correction. ( 2 ) The uniform symbols must be used as follows. ( i ) When a change of the same character is made in all or in substantially all matter in a tariff, it may be indicated at the top of the title page of the tariff or at the top of each affected page, in the following manner: “All rates in this tariff are increases,” or, “All rates on this page are reductions, except as otherwise indicated.” ( ii ) When a change of the same character is made in all or substantially all matters on a page or supplement, it may be indiated at the top of the page or supplement in the following manner: All rates on this page (or supplement) are increases,” or, “All rates on this page (or supplement) are reductions except as otherwise indicated.” ( 3 ) Items which have not been in effect 30 days when brought forward on revised pages must be shown as reissued, in the manner prescribed in § 61.54(i)(1) . The number and original effective date of the tariff publication in which the matter was originally published must be associated with the reissued matter. Items which have been in effect 30 days or more and are brought forward without change on revised pages must not be shown as reissued items. ( j ) Rates and general rules, regulations, exceptions and conditions. The general rules (including definitions), regulations, exceptions, and conditions which govern the tariff must be stated clearly and definitely. All general rules, regulations, exceptions or conditions which in any way affect the rates named in the tariff must be specified. A special rule, regulation, exception or condition affecting a particular item or rate must be specifically referred to in connection with such item or rate. Rates must be expressed in United States currency, per chargeable unit of service for all communication services, together with a list of all points of service to and from which the rates apply. They must be arranged in a simple and systematic manner. Complicated or ambiguous terminology may not be used, and no rate, rule, regulation, exception or condition shall be included which in any way attempts to substitute a rate, rule, regulation, exception or condition named in any other tariff. ( k ) References to other tariffs. Notwithstanding any other provisions in this section, tariff publications filed by a carrier may reference other tariff publications filed by that carrier or its affiliates. [ 49 FR 40869 , Oct. 18, 1984, as amended at 64 FR 46591 , Aug. 26, 1999; 84 FR 65016 , Nov. 26, 2019] § 61.55 Contract-based tariffs. ( a ) This section shall apply to price cap local exchange carriers permitted to offer contract-based tariffs under § 1.776 or § 69.805 of this chapter , as well as to the offering of business data services by rate-of-return carriers pursuant to § 61.50 . ( b ) Composition of contract-based tariffs shall comply with §§ 61.54(b) through (i) . ( c ) Contract-based tariffs shall include the following: ( 1 ) The term of contract, including any renewal options; ( 2 ) A brief description of each of the services provided under the contract; ( 3 ) Minimum volume commitments for each service; ( 4 ) The contract price for each service or services at the volume levels committed to by the customers; ( 5 ) A general description of any volume discounts built into the contract rate structure; and ( 6 ) A general description of other classifications, practices, and regulations affecting the contract rate. [ 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] § 61.58 Notice requirements. ( a ) Every proposed tariff filing must bear an effective date and, except as otherwise provided by regulation, special permission, or Commission order, must be made on at least the number of days notice specified in this section. ( 1 ) Notice is accomplished by filing the proposed tariff changes with the Commission. Any period of notice specified in this section begins on and includes the date the tariff is received by the Commission, but does not include the effective date. If a tariff filing proposes changes governed by more than one of the notice periods listed below, the longest notice period will apply. In computing the notice period required, all days including Sundays and holidays must be counted. ( 2 ) ( i ) Local exchange carriers may file tariffs pursuant to the streamlined tariff filing provisions of section 204(a)(3) of the Communications Act. Such a tariff may be filed on 7 days' notice if it proposes only rate decreases. Any other tariff filed pursuant to section 204(a)(3) of the Communications Act, including those that propose a rate increase or any change in terms and conditions, shall be filed on 15 days' notice. Any tariff filing made pursuant to section 204(a)(3) of the Communications Act must comply with the applicable cost support requirements specified in this part. ( ii ) Local exchange carriers may elect not to file tariffs pursuant to section 204(a)(3) of the Communications Act. For dominant carriers, any such tariffs shall be filed on at least 16 days' notice. For nondominant carriers, any such tariffs shall be filed on at least one days' notice. ( iii ) Except for tariffs filed pursuant to section 204(a)(3) of the Communications Act, the Chief, Wireline Competition Bureau, may require the deferral of the effective date of any filing made on less than 120 days' notice, so as to provide for a maximum of 120 days' notice, or of such other maximum period of notice permitted by section 203(b) of the Communications Act, regardless of whether petitions under § 1.773 of this chapter have been filed. ( 3 ) Tariff filings proposing corrections or voluntarily deferring the effective date of a pending tariff revision must be made on at least 3 days' notice, and may be filed notwithstanding the provisions of § 61.59 . Corrections to tariff materials not yet effective cannot take effect before the effective date of the original material. Deferrals must take effect on or before the current effective date of the pending tariff revisions being deferred. ( 4 ) This subsection applies only to dominant carriers. If the tariff publication would increase any rate or charge, or would effectuate and authorized discountinuance, reduction or other impairment of service to any customer, the offering carrier must inform the affected customers of the content of the tariff publication. Such notification should be made in a form appropriate to the circumstance, and may include written notification, personal contact, or advertising in newspapers of general circulation. ( b ) Tariffs for new services filed by price cap local exchange carriers shall be filed on at least one day's notice. ( c ) Contract-based tariffs filed by price cap local exchange carriers pursuant to § 69.727(a) of this chapter shall be filed on at least one day's notice. ( d ) ( 1 ) A price cap local exchange carrier that is filing a tariff revision to remove its corridor or interstate intraLATA toll services from its interexchange basket pursuant to § 61.42(d)(4)(ii) shall submit such filing on at least fifteen days' notice. ( 2 ) A price cap local exchange carrier that has removed its corridor and interstate intraLATA toll services from its interexchange basket pursuant to § 61.42(d)(4)(ii) shall file subsequent tariff filings for corridor or interstate intraLATA toll services on at least one day's notice. ( e ) Non-price cap local exchange carriers and/or services. ( 1 ) Tariff filings in the instances specified in paragraphs (e)(1) (i) , (ii) , and (iii) of this section by dominant carriers must be made on at least 15 days' notice. ( i ) Tariffs filed in the first instance by new carriers. ( ii ) Tariffs filings involving new rates and regulations not previously filed at, from, to or via points on new lines; at, from to or via new radio facilities; or for new points of radio communication. ( iii ) Tariff filings involving a change in the name of a carrier, a change in Vertical or Horizontal coordinates (or other means used to determine airline mileages), a change in the lists of mileages, a change in the lists of connecting, concurring or other participating carriers, text changes, or the imposition of termination charges calculated from effective tariff provisions. The imposition of termination charges does not include the initial filing of termination liability provisions. ( 2 ) Tariff filings involving a change in rate structure, a new offering, or a rate increase must be made on at least 45 days' notice. ( 3 ) Alascom, Inc. shall file its annual tariff revisions for its Common Carrier Services (Alascom Tariff F.C.C No. 11) on at least 35 days' notice. ( 4 ) All tariff filings not specifically assigned a different period of public notice in this part must be made on at least 35 days' notice. ( f ) All tariff filings of domestic and international non-dominant carriers must be made on at least one days' notice. [ 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 FR 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, 1997; 64 FR 46591 , Aug. 26, 1999; 64 FR 51266 , Sept. 22, 1999; 67 FR 13228 , Mar. 21, 2002; 76 FR 43216 , July 20, 2011] § 61.59 Effective period required before changes. ( a ) Except as provided in § 61.58(a)(3) or except as otherwise authorized by the Commission, new rates or regulations must be effective for at least 30 days before a dominant carrier will be permitted to make any change. ( b ) Changes to rates and regulations for dominant carriers that have not yet become effective, i.e., are pending, may not be made unless the effective date of the proposed changes is at least 30 days after the scheduled effective date of the pending revisions. ( c ) Changes to rates and regulations for dominant carriers that have taken effect but have not been in effect for at least 30 days may not be made unless the scheduled effective date of the proposed changes is at least 30 days after the effective date of the existing regulations. [ 64 FR 46592 , Aug. 26, 1999, as amended at 76 FR 43216 , July 20, 2011] Subpart G—Specific Rules for Tariff Publications of Dominant and Nondominant Carriers Source: 49 FR 40869 , Oct. 18, 1984, unless otherwise noted. Redesignated at 76 FR 43215 , July 20, 2011. § 61.66 Scope. The rules in this subpart apply to all issuing carriers, unless otherwise noted. [ 76 FR 43216 , July 20, 2011] § 61.68 Special notations. ( a ) Any tariff filing made pursuant to an Application for Special Permission, Commission decision or order must contain the following statement: Issued under authority of (specific reference to the special permission, Commission decision, or order) of the Commission. ( b ) When a portion of any tariff publication is issued in order to comply with the Commission order, the following notation must be associated with that portion of the tariff publication: In compliance with the order of the Federal Communications Commission in _ (a specific citation to the applicable order should be made). [ 49 FR 40869 , Oct. 18, 1984, as amended at 76 FR 43216 , July 20, 2011] § 61.69 Rejection. When a tariff publication is rejected by the Commission, its number may not be used again. This includes, but is not limited to, such publications as tariff numbers or specific page revision numbers. The rejected tariff publication may not be referred to as either cancelled or revised. Within five business days of the release date of the Commission's Order rejecting such tariff publication, the issuing carrier shall file tariff revisions removing the rejected material, unless the Commission's Order establishes a different date for this filing. The publication that is subsequently issued in lieu of the rejected tariff publication must bear the notation: In lieu of __, rejected by the Federal Communications Commission. [ 64 FR 46592 , Aug. 26, 1999] § 61.72 Public information requirements. ( a ) Issuing carriers must make available accurate and timely information pertaining to rates and regulations subject to tariff filing requirements. ( b ) Issuing carriers must, at a minimum, provide a telephone number for public inquiries about information contained in its tariffs. This telephone number should be made readily available to all interested parties. ( c ) Any issuing carrier that is an incumbent local exchange carrier, and chooses to establish an Internet web site, must make its tariffs available on that web site, in addition to the Commission's web site. [ 64 FR 46592 , Aug. 26, 1999] § 61.73 Duplication of rates or regulations. A carrier concurring in schedules of another carrier must not publish conflicting or duplicative rates or regulations. § 61.74 References to other instruments. ( a ) Except as otherwise provided in this and other sections of this part, no tariff publication filed with the Commission may make reference to any other tariff publication or to any other document or instrument. ( b ) Tariff publications filed by a carrier may reference other tariff publications filed by that carrier or its affiliates. ( c ) Tariffs for end-on-end through services may reference the tariffs of other carriers participating in the offering. ( d ) Tariffs may reference concurrences for the purpose of starting where rates or regulations applicable to a service not governed by the tariff may be found. ( e ) Tariffs may reference other FCC tariffs that are in effect and on file with the Commission for purposes of determining mileage, or specifying the operating centers at which a specific service is available. ( f ) Tariffs may reference technical publications which describe the engineering, specifications, or other technical aspects of a service offering, provided the following conditions are satisfied: ( 1 ) The tariff must contain a general description of the service offering, including basic parameters and structural elements of the offering; ( 2 ) The technical publication includes no rates, regulatory terms, or conditions which are required to be contained in the tariff, and any revisions to the technical publication do not affect rates, regulatory terms, or conditions included in the tariff, and do not change the basic nature of the offering; ( 3 ) The tariff indicates where the technical publication can be obtained; ( 4 ) The referenced technical publication is publicly available before the tariff is scheduled to take effect; and ( 5 ) The issuing carrier regularly revises its tariff to refer to the current edition of the referenced technical publication. [ 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; 84 FR 65016 , Nov. 26, 2019] § 61.83 Consecutive numbering. Issuing carriers should file tariff publications under consecutive FCC numbers. If this cannot be done, a memorandum containing an explanation of the missing number or numbers must be submitted. Supplements to a tariff must be numbered consecutively in a separate series. [ 76 FR 43216 , July 20, 2011] § 61.86 Supplements. An issuing carrier may not file a supplement except to suspend or cancel a tariff publication, or to defer the effective date of pending tariff revisions. A carrier may file a supplement for the voluntary deferral of a tariff publication. [ 76 FR 43216 , July 20, 2011] § 61.87 Cancellation of tariffs. ( a ) An issuing carrier may cancel an entire tariff. Cancellation of a tariff automatically cancels every page and supplement to that tariff except for the canceling Title Page or first page. ( 1 ) If the existing service(s) will be provided under another carrier's tariff, then ( i ) The issuing carrier whose tariff is being canceled must revise the Title Page or the first page of its tariff indicating that the tariff is no longer effective, or ( ii ) The issuing carrier under whose tariff the service(s) will be provided must revise the Title Page or first page of the tariff to be canceled, using the name and numbering shown in the heading of the tariff to be canceled, indicating that the tariff is no longer effective. This carrier must also file with the Commission the new tariff provisions reflecting the service(s) being canceled. Both filings must be effective on the same date and may be filed under the same transmittal. ( 2 ) If a carrier canceling its tariff intends to cease to provide existing service, then it must revise the Title Page or first page of its tariff indicating that the tariff is no longer effective. ( 3 ) A carrier canceling its tariff, as described in this section, must comply with §§ 61.54(b)(1) and 61.54(b)(5) , as applicable. ( b ) When a carrier cancels a tariff as described in this section, the canceling Title Page or the first page of the canceled tariff must show where all rates and regulations will be found except for paragraph (c) of this section. The Title Page or first page of the new tariff must indicate the name of the carrier and tariff number where the canceled material had been found. ( c ) When a carrier ceases to provide service(s) without a successor, it must cancel its tariff pursuant to the notice requirements of § 61.58 , as applicable, unless otherwise authorized by the Commission. [ 64 FR 46591 , Aug. 26, 1999, as amended at 76 FR 43216 , July 20, 2011] Subpart H—Concurrences Source: 49 FR 40869 , Oct. 18, 1984, unless otherwise noted. Redesignated at 76 FR 43215 , July 20, 2011. § 61.131 Scope. Sections 61.132 through 61.136 apply to a carrier which must file concurrences reflecting rates and regulations for through service provided in conjunction with other carriers and to a carrier which has chosen, as an alternative to publishing its own tariff, to arrange concurrence in an effective tariff of another carrier. Limited or partial concurrences will not be permitted. § 61.132 Method of filing concurrences. A carrier proposing to concur in another carrier's effective tariff must deliver one copy of the concurrence to the issuing carrier in whose favor the concurrence is issued. The concurrence must be signed by an officer or agent of the carrier executing the concurrence, and must be numbered consecutively in a separate series from its FCC tariff numbers. At the same time the issuing carrier revises its tariff to reflect such a concurrence, it must file one copy of the concurrence electronically with the Commission in accordance with the requirements set forth in § 61.13 through § 61.17 . The concurrence must bear the same effective date as the date of the tariff filing reflecting the concurrence. Carriers shall file revisions reflecting concurrences in their tariffs on the notice period specified in § 61.58 . [ 76 FR 43216 , July 20, 2011] § 61.133 Format of concurrences. ( a ) Concurrences must be issued in the following format: Concurrence F.C.C. Concurrence No. ____ (Cancels F.C.C. Concurrence No. __ (Name of Carrier ______) (Post Office Address ______) (Date) ___________ 19__. Secretary, Federal Communications Commission, Washington, D.C. 20554. This is to report that (name of concurring carrier) assents to and concurs in the tariffs described below. (Name of concurring carrier) thus makes itself a party to these tariffs and obligates itself (and its connecting carriers) to observe every provision in them, until a notice of revocation is filed with the Commission and delivered to the issuing carrier. This concurrence applies to interstate (and foreign) communication: 1. Between the different points on the concurring carrier's own system; 2. Between all points on the concurring carrier's system and the systems of its connecting carriers; and 3. Between all points on the system of the concurring carrier and the systems of its connecting carriers on the one hand, and, on the other hand, all points on the system of the carrier issuing the tariff or tariffs listed below and the systems of its connecting carriers and other carriers with which through routes have been established. (Note: Any of the above numbered paragraphs may be omitted or the wording modified to state the points to which the concurrence applies.) Tariff (Here describe the tariff or tariffs concurred in by the carrier, specifying FCC number, title, date of issuance, and date effective. Example: A.B.C. Communications Company, Tariff FCC No. 1, Interstate Telegraph Message Service, Issued January 1, 1983, Effective April 1, 1983). Cancels FCC Concurrence No.___, effective ____________, 19__. (Name of concurring carrier) By (Title) ( b ) No material is to be included in a concurrence other than that indicated in the above-prescribed form, unless specially authorized by the Commission. A concurrence in any tariff so described will be deemed to include all amendments and successive issues which the issuing carrier may make and file. All such amendments and successive issues will be binding between customers and carriers. Between carriers themselves, however, the filing by the issuing carrier of an amendment or successive issue with the Commission must not imply or be construed to imply an agreement to the filing by concurring carriers. Such filings do not affect the contractual rights or remedies of any concurring carrier(s) which have not, by contract or otherwise, specifically consented in advance to such amendment or successive issue. § 61.134 Concurrences for through services. An issuing carrier filing rates or regulations for through services between points on its own system and points on another carrier's system (or systems), or between points on another carrier's system (or systems), must list all concurring, connecting or other participating carriers as provided in § 61.54 (f) , (g) and (h) . A concurring carrier must tender a properly executed instrument of concurrence to the issuing carrier. If rates and regulations of the other carriers engaging in the through service(s) are not specified in the issuing carrier's tariff, that tariff must state where the other carrier's rates and regulations can be found. Such reference(s) must contain the FCC number(s) of the referenced tariff publication(s), the exact name(s) of the carrier(s) issuing such tariff publication(s), and must clearly state how the rates and regulations in the separate publications apply. [ 76 FR 43216 , July 20, 2011] § 61.135 Concurrences for other purposes. When an issuing carrier permits another carrier to concur in its tariff, the issuing carrier's tariff must state the concurring carrier's rates and points of service. § 61.136 Revocation of concurrences. A concurrence may be revoked by a revocation notice or cancelled by a new concurrence. A revocation notice or a new concurrence, if less broad in scope than the concurrence it cancels, must bear an effective date not less than 45 days after its receipt by the Commission. A revocation notice is not given a serial number, but must specify the number of the concurrence to be revoked and the name of the carrier in whose favor the concurrence was issued. It must be in the following format: Revocation Notice (Name of carrier ____________) (Post office address ______________) (Date) ___________, 19__. Secretary, Federal Communications Commission, Washington, D.C. 20554. Effective _____________, 19__ FCC Concurrence No. __, issued by (Name of concurring carrier) in favor of (Name of issuing carrier) is hereby cancelled and revoked. Rates and regulations of (Name of concurring carrier) and its connecting carriers will thereafter be found in Tariff FCC No. __ issued by _________ (If the concurring carrier has ceased operations, the revocation notice must so indicate.) (Name of carrier) By (Title) Subpart I—Adoption of Tariffs and Other Documents of Predecessor Carriers § 61.171 Adoption notice. When a carrier's name is changed, or its operating control transferred from one carrier to another in whole or in part, the successor carrier must file tariff revisions to reflect the name change. The successor carrier may either immediately reissue the entire tariff in its own name, or immediately file an adoption notice. Within 35 days of filing an adoption notice, the successor must reissue the entire tariff in its own name. The reissued tariff must be numbered in the series of the successor carrier, and must contain all original pages without changes in regulations or rates. The transmittal letter must state the tariff is being filed to show a change in the carrier's name pursuant to § 61.171 of the Commission's Rules. The adoption notice, if used, must read as follows: The (Exact name of successor carrier or receiver) here adopts, ratifies and makes its own in every respect, all applicable tariffs and amendments filed with the Federal Communications Commission by (predecessor) prior to (date). § 61.172 Changes to be incorporated in tariffs of successor carrier. When only a portion of properties is transferred to a successor carrier, that carrier must incorporate in its tariff the rates applying locally between points on the transferred portion. Moreover, the predecessor carrier must simultaneously cancel the corresponding rates from its tariffs, and reference the FCC number of the successor carrier's tariff containing the rates that will thereafter apply. Subpart J—Suspensions § 61.191 Carrier to file supplement when notified of suspension. If an issuing carrier is notified by the Commission that its tariff publication has been suspended, the carrier must file, within five business days from the release date of the suspension order, a consecutively numbered supplement without an effective date, which specifies the schedules which have been suspended. [ 76 FR 43217 , July 20, 2011] § 61.192 Contents of supplement announcing suspension. ( a ) A supplement announcing a suspension by the Commission must specify the term of suspension imposed by the Commission. ( b ) A supplement announcing a suspension of either an entire tariff or a part of a tariff publication, must specify the applicable tariff publication effective during the period of suspension. § 61.193 Vacation of suspension order; supplements announcing same; etc. If the Commission vacates a suspension order, the affected carrier must issue a supplement or revised page stating the Commission's action as well as the lawful schedules. Subpart K—Detariffing of Business Data Services Source: 82 FR 25711 , June 2, 2017, unless otherwise noted. § 61.201 Detariffing of price cap local exchange carriers. ( a ) Price cap local exchange carriers shall remove from their interstate tariffs: ( 1 ) Any packet-based business data service; ( 2 ) Any circuit-based business data service above the DS3 bandwidth level; ( 3 ) Any transport services as defined in § 69.801(j) of this chapter ; ( 4 ) DS1 and DS3 end user channel terminations, and all other tariffed special access services, in any market deemed competitive as defined in § 69.801 ; and ( 5 ) DS1 and DS3 end user channel terminations, and all other tariffed special access services, in any grandfathered market as defined in § 69.801 for which the price cap local exchange carrier was granted Phase II pricing flexibility prior to June 2017. ( b ) The detariffing must be completed thirty-six months after August 1, 2017, but detariffing can take place at any time before the thirty-six months is completed. [ 82 FR 25711 , June 2, 2017, as amended at 84 FR 38579 , Aug. 7, 2019] § 61.203 Detariffing of competitive local exchange carriers. ( a ) Competitive local exchange carriers shall remove all business data services from their interstate tariffs. ( b ) The detariffing must be completed by August 1, 2020. [ 82 FR 25711 , June 2, 2017, as amended at 84 FR 38579 , Aug. 7, 2019]"}}},{"rowIdx":47,"cells":{"file_name":{"kind":"string","value":"title-47_101.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 101—FIXED MICROWAVE SERVICES Authority: 47 U.S.C. 154 , 303 . Source: 61 FR 26677 , May 28, 1996, unless otherwise noted. Subpart A—General § 101.1 Scope and authority. ( a ) Part 1 of the Commission's rules contains the general rules of practice and procedure applicable to proceedings before the Commission and for the filing of applications for radio station licenses in the fixed microwave services. ( b ) The purpose of the rules in this part is to prescribe the manner in which portions of the radio spectrum may be made available for private operational, common carrier, 24 GHz Service and Local Multipoint Distribution Service fixed, microwave operations that require transmitting facilities on land or in specified offshore coastal areas within the continental shelf. ( c ) The rules in this part are issued pursuant to the authority contained in Titles I through III of the Communications Act of 1934, as amended, which vest authority in the Federal Communications Commission to regulate common carriers of interstate and foreign communications, to regulate radio transmissions and issue licenses for radio stations, and to regulate all interstate and foreign communications by wire and radio necessary to the accomplishment of the purposes of the Act. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23163 , Apr. 29, 1997; 63 FR 68981 , Dec. 14, 1998; 65 FR 59357 , Oct. 5, 2000] § 101.3 Definitions. As used in this part: 24 GHz Service. A fixed point-to-point, point-to-multipoint, and multipoint-to-multipoint radio system in the 24.25-24.45 GHz band and in the 25.05-25.25 GHz band consisting of a fixed main (nodal) station and a number of fixed user terminals. This service may encompass any digital fixed service. Antenna power gain. The ratio of the maximum radiation intensity to that of an isotropic (omnidirectional) radiator in the far field of its main (forward direction) lobe. Antenna power input. The radio frequency peak or RMS power, as the case may be, supplied to the antenna from the antenna transmission line and its associated impedance matching network. Antenna structure. The antenna, its supporting structure and anything attached to it. Assigned frequency. The center of the frequency band assigned to a station. Assigned frequency bandwidth. The frequency band within which the emission of a station is authorized; the width of the band equals the necessary bandwidth plus twice the absolute value of the frequency tolerance. Authorized bandwidth. The maximum bandwidth authorized to be used by a station as specified in the station license. (See § 2.202 of this chapter ) Authorized frequency. The frequency, or frequency range, assigned to a station by the Commission and specified in the instrument of authorization. Authorized power. The maximum power a station is permitted to use. This power is specified by the Commission in the station's authorization. Automatic Transmitter Power Control (ATPC). ATPC is a feature of a digital microwave radio system that adjusts the transmitter output power. ATPC allows the transmitter to operate at less than maximum power for most of the time. In a radio employing ATPC, the transmit power is reduced during normal operation conditions. When the receiver detects a reduction in signal level, a control signal is sent to the far end transmitter, instructing it to increase the power output to compensate for the signal reduction. The power output is limited to the licensed (maximum) transmit power. Guidelines for use of ATPC are set forth in the TIA Telecommunications Systems Bulletin TSB 10, “Interference Criteria for Microwave Systems (TSB 10).” Bandwidth occupied by an emission. The band of frequencies comprising 99 percent of the total radiated power extended to include any discrete frequency on which the power is at least 0.25 percent of the total radiated power. Bit rate. The rate of transmission of information in binary (two state) form in bits per unit time. Carrier. In a frequency stabilized system, the sinusoidal component of a modulated wave whose frequency is independent of the modulating wave; or the output of a transmitter when the modulating wave is made zero; or a wave generated at a point in the transmitting system and subsequently modulated by the signal; or a wave generated locally at the receiving terminal which when combined with the side bands in a suitable detector, produces the modulating wave. Carrier frequency. The output of a transmitter when the modulating wave is made zero. Central office. A landline termination center used for switching and interconnection of public message communication circuits. Common carrier fixed point-to-point microwave service. A common carrier public radio service rendered on microwave frequencies by fixed and temporary fixed stations between points that lie within the United States or between points to its possessions or to points in Canada or Mexico. Communication common carrier. Any person engaged in rendering communication service for hire to the public. Contiguous United States. For the 3700-4200 MHz band, the contiguous United States consists of the contiguous 48 states and the District of Columbia as defined by Partial Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411, which includes areas within 12 nautical miles of the U.S. Gulf coastline ( see § 27.6(m) of this chapter ). In this context, the rest of the United States includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau, Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and the Gulf of Mexico PEAs (Nos. 42, 212, 264, 298, 360, 412-416). Control point. An operating position at which an operator responsible for the operation of the transmitter is stationed and which is under the control and supervision of the licensee. Control station. A fixed station, the transmissions of which are used to control automatically the emissions or operations of a radio station, or a remote base station transmitter. Coordination area. The area associated with a station outside of which another station sharing the same or adjacent frequency band neither causes nor is subject to interfering emissions greater than a permissible level. Coordination contour. The line enclosing the coordination area. Coordination distance. The distance on a given azimuth from a station beyond which another station neither causes nor is subject to interfering emissions greater than a permissible level. Digital Electronic Message Nodal Station. A fixed point-to-multipoint radio station in a Digital Electronic Message Service providing two-way communication with Digital Electronic Message User Stations. Digital Electronic Message Service. A two-way end-to-end fixed radio service utilizing digital termination systems for the exchange of digital information in the frequency bands 10,550-10,680 MHz, 18,820-18,920 MHz, and 19,160-19,260 MHz. This service may also make use of point-to-point microwave facilities, satellite facilities or other communications media to interconnect digital termination systems to comprise a network. Digital Electronic Message User Station. Any one of the fixed microwave radio stations located at users' premises, lying within the coverage area of a Digital Electronic Message Nodal Station, and providing two-way digital communications with the Digital Electronic Message Nodal Station. Digital modulation. The process by which some characteristic (frequency, phase, amplitude or combinations thereof) of a carrier frequency is varied in accordance with a digital signal, e.g., one consisting of coded pulses or states. Drop point. A term used in the point-to-point microwave radio service to designate a terminal point where service is rendered to a subscriber. Earth station. A station located either on the Earth's surface or within the major portion of Earth's atmosphere and intended for communication: ( 1 ) With one or more space stations; or ( 2 ) With one or more stations of the same kind by means of one or more reflecting satellites or other objects in space. Effective Radiated Power (ERP). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. Equivalent Isotropically Radiated Power (EIRP). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Exchange. A unit of a communication company or companies for the administration of communication service in a specified area, which usually embraces a city, town, or village and its environs, and consisting of one or more central offices, together with the associated plant, used in furnishing communication service in that area. Exchange area. The geographic area included within the boundaries of an exchange. Fixed satellite earth station. An earth station intended to be used at a specified fixed point. Fixed relay station. A fixed station associated with one or more stations, established to receive radio signals directed to it and to retransmit them automatically on a fixed service frequency. Fixed service. A radio communications service between specified fixed points. Fixed station. A station in the fixed service. Frequency tolerance. The maximum permissible departure by the center frequency of the frequency band occupied by an emission from the assigned frequency or, by the characteristic frequency of an emission from the reference frequency. Note: The frequency tolerance is expressed as a percentage or in Hertzs. General communication. Two-way voice communication, through a base station, between: ( 1 ) A common carrier land mobile or airborne station and a landline telephone station connected to a public message landline telephone system; ( 2 ) Two common carrier land mobile stations; ( 3 ) Two common carrier airborne stations; ( 4 ) A common carrier land mobile station and a common carrier airborne station. Harmful interference. Interference that endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with these regulations. Internodal link. A point-to-point communications link used to provide communications between nodal stations or to interconnect nodal stations to other communications media. Landing area. A landing area means any locality, either of land or water, including airports and intermediate landing fields, which is used, or approved for use for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo. Local Multipoint Distribution Service Backbone Link. A point-to-point radio service link in a Local Multipoint Distribution Service System that is used to interconnect Local Multipoint Distribution Service Hub Stations with each other or with the public switched telephone network. Local Multipoint Distribution Service Hub Station. A fixed point-to-point or point-to-multipoint radio station in a Local Multipoint Distribution Service System that provides one-way or two-way communication with Local Multipoint Distribution Service Subscriber Stations. Local Multipoint Distribution Service Subscriber Station. Any one of the fixed microwave radio stations located at users' premises, lying within the coverage area of a Local Multipoint Distribution Service Hub Station, capable of receiving one-way communications from or providing two-way communications with the Local Multipoint Distribution Service Hub Station. Local Multipoint Distribution Service System. A fixed point-to-point or point-to-multipoint radio system consisting of Local Multipoint Distribution Service Hub Stations and their associated Local Multipoint Distribution Service Subscriber Stations. Local television transmission service. A public radio communication service for the transmission of television material and related communications. Long haul system. A microwave system licensed under this part in which the longest radio circuit of tandem radio paths exceeds 402 kilometers. Master station. A station in a multiple address radio system that controls, activates or interrogates four or more remote stations. Master stations performing such functions may also receive transmissions from remote stations. Message center. The point at which messages from members of the public are accepted by the carrier for transmission to the addressee. Microwave frequencies. As used in this part, this term refers to frequencies of 890 MHz and above. Microwave link. A link is defined as a simplex communications circuit between two points utilizing a single frequency/polarization assignment. A duplex communications circuit would require two links, one link in each direction. Miscellaneous common carriers. Communications common carriers that are not engaged in the business of providing either a public landline message telephone service or public message telegraph service. Mobile earth station. An earth station intended to be used while in motion or during halts at unspecified points. Mobile service. A radio communication service between mobile and land stations or between mobile stations. Mobile station. A station in the mobile service intended to be used while in motion or during halts at unspecified points. Multichannel Video Distribution and Data Service (MVDDS). A fixed microwave service licensed in the 12.2-12.7 GHz band that provides various wireless services. Mobile and aeronautical operations are prohibited. Multiple address system (MAS). A point-to-multipoint or point-to-point radio communications system used for either one-way or two-way transmissions that operates in the 928/952/956 MHz, the 928/959 MHz or the 932/941 MHz bands in accordance with § 101.147 . National Spatial Reference System. The National Spatial Reference System (NSRS) is the name given to all Geodetic Control information contained in the National Geodetic Survey (NGS) Data Base. This includes: A, B, First, Second, and Third Order horizontal and vertical control observed by NGS as well as data submitted by other agencies (i.e., USGS, BLM, States, Counties, Cities, and private surveying organizations). Necessary bandwidth. For a given class of emission, the width of the frequency band that is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions. The necessary bandwidth may be calculated using the formulas in § 2.202 of this chapter . Nodal station. The central or controlling stations in a microwave radio system operating on point-to-multipoint or multipoint-to-multipoint frequencies with one or more user stations or internodal links. Occupied bandwidth. The width of a frequency bandwidth such that, below the lower and above the upper frequency limits, the mean powers emitted are each equal to a specified percentage, B/2 of the total mean power of a given emission. Unless otherwise specified by the CCIR for the appropriate class of emission, the value of B/2 should be taken as 0.5%. Note: The percentage of the total power outside the occupied bandwidth is represented by B. Operational fixed station. A private fixed station not open to public correspondence. Passive repeater. A re-radiation device associated with a transmitting/receiving antenna system that re-directs intercepted radiofrequency energy. For example, it may consist of reflector(s) or back-to-back parabolic or horn antennas. Path length. The total distance of a path from the transmit to the receive antenna, inclusive of all passive repeaters, if any. Payload capacity. The bit rate available for transmission of data over a radiocommunication system, excluding overhead data generated by the system. Periscope antenna system. An antenna system which involves the use of a passive reflector to deflect radiation from or to a directional transmitting or receiving antenna which is oriented vertically or near vertically. Prior coordination. A bilateral process conducted prior to filing applications which includes the distribution of the technical parameters of a proposed radio system to potentially affected parties for their evaluation and timely response. Private carrier. An entity licensed in the private service and authorized to provide communications service to other private service eligibles on a commercial basis. Private line service. A service whereby facilities for communication between two or more designated points are set aside for the exclusive use or availability for use of a particular customer and authorized users during stated periods of time. Private operational fixed point-to-point microwave service. A private radio service rendered by fixed and temporary fixed stations on microwave frequencies for the exclusive use or availability for use of the licensee or other eligible entities for communication between two or more designated points. Service may be provided between points within the United States, points within United States possessions, or between the United States and points in Canada or Mexico. Public correspondence. Any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission. Public message service. A service whereby facilities are offered to the public for communication between all points served by a carrier or by interconnected carriers on a non-exclusive message by message basis, contemplating a separate connection for each occasion of use. Radio station. A separate transmitter or a group of transmitters under simultaneous common control, including the accessory equipment required for carrying on a radiocommunication service. Radiocommunication. Telecommunication by means of radio waves. Rated power output. The maximum radio frequency power output capability (peak or average power) of a transmitter, under optimum conditions of adjustment and operation, specified by its manufacturer. Record communication. Any transmission of intelligence which is reduced to visual record form at the point of reception. Reference frequency. A frequency having a fixed and specified position with respect to the assigned frequency. The displacement of this frequency with respect to the assigned frequency has the same absolute value and sign that the displacement of the characteristic frequency has with respect to the centre of the frequency band occupied by the emission. Relay station. A fixed station used for the reception and retransmission of the signals of another station or stations. Remote station. A fixed station in a multiple address radio system that transmits one-way to one or more central receive sites, controls a master station, or is controlled, activated or interrogated by, and may respond to, a master station. Repeater station. A fixed station established for the automatic retransmission of radiocommunications received from one or more mobile stations and directed to a specified location; for public mobile radio operations, a fixed station that automatically retransmits the mobile communications and/or transmitter information about the base station, along a fixed point-to-point link between the base station and the central station. Secondary operations. Radio communications which may not cause interference to operations authorized on a primary basis and which are not protected from interference from these primary operations. Short haul system. A microwave system licensed under this part in which the longest radio circuit of tandem radio paths does not exceed 402 kilometers. Signal booster. A device at a fixed location which automatically receives, amplifies, and retransmits on a one-way or two-way basis, the signals received from base, fixed, mobile, and portable stations, with no change in frequency or authorized bandwidth. A signal booster may be either narrowband (Class A), in which case the booster amplifies only those discrete frequencies intended to be retransmitted, or broadband (Class B), in which case all signals within the passband of the signal booster filter are amplified. Signaling communication. One-way communications from a base station to a mobile or fixed receiver, or to multi-point mobile or fixed receivers by audible or subaudible means, for the purpose of actuating a signaling device in the receiver(s) or communicating information to the receiver(s), whether or not the information is to be retained in record form. Standby transmitter. A transmitter installed and maintained for use in lieu of the main transmitter only during periods when the main transmitter is out of service for maintenance or repair. Symbol rate. Modulation rate in bauds. This rate may be higher than the transmitted bit rate as in the case of coded pulses or lower as in the case of multilevel transmission. Telegraphy. A form of telecommunication which is concerned in any process providing transmission and reproduction at a distance of documentary matter, such as written or printed matter or fixed images, or the reproduction at a distance of any kind of information in such a form. Unless otherwise specified, telegraphy means a form of telecommunication for the transmission of written matter by the use of signal code. Telemetering. The use of telecommunication for automatic indicating or recording measurements at a distance from the measuring instrument. Telephony. A form of telecommunication set up for the transmission of speech, or in some cases, other sounds. Television. A form of telecommunication for transmission of transient images of fixed or moving objects. Temporary fixed station. A station established in a non-permanent mode (temporary) at a specified location for a short period of time, ranging up to one year. Temporary-fixed operations are itinerant in nature, and are not to be confused with mobile-type operations. Universal Licensing System (ULS). The consolidated database, application filing system and processing system for all Wireless Telecommunications Services. The ULS offers Wireless Telecommunications Bureau (WTB) applicants and the general public electronic filing of all applications requests, and full public access to all WTB licensing data. User or subscriber station. The station(s) in a microwave radio system operating at the users' premises on point-to-multipoint or multipoint-to-multipoint frequencies and communicating with one or more nodal stations. Video entertainment material. The transmission of a video signal (e.g., United States Standard Monochrome or National Television Systems Committee 525-line television) and an associated audio signal which is designed primarily to amuse or entertain, such as movies and games. [ 61 FR 26677 , May 28, 1996, as amended at 61 FR 29693 , June 12, 1996; 61 FR 31052 , June 19, 1996; 61 FR 44181 , Aug. 28, 1996; 62 FR 23163 , Apr. 29, 1997; 63 FR 68981 , Dec. 14, 1998; 65 FR 17448 , Apr. 3, 2000; 65 FR 38326 , June 20, 2000; 65 FR 59357 , Oct. 5, 2000; 67 FR 43037 , June 26, 2002; 68 FR 4955 , Jan. 31, 2003; 77 FR 54432 , Sept. 5, 2012; 85 FR 22889 , Apr. 23, 2020] Subpart B—Applications and Licenses General Filing Requirements § 101.4 Transition plan. ( a ) All systems subject to parts 21 and 94 of this chapter in effect as of July 31, 1996, which are licensed or which are proposed in an application on file, as of July 31, 1996, are subject to the requirements under part 21 or part 94 of this chapter as contained in the CFR edition revised as of October 1, 1995 and amended in the Federal Register through July 31, 1996, as applicable, indefinitely. ( b ) For purposes of this section, a “system” shall include: ( 1 ) The originally licensed system; ( 2 ) Any modification to the original system involving a change in antenna azimuth, antenna beam width, channel loading, emission, station location, antenna height, authorized power, or authorized frequencies; ( 3 ) Additional links constructed to complete an integrated communications network; or ( 4 ) Operationally connecting new facilities and/or frequencies. ( c ) All radio frequency devices authorized pursuant to part 2 of this chapter as being in compliance with applicable part 21 or part 94 of this chapter in effect as of July 31, 1996, requirements can be used indefinitely with systems licensed under this part 101. [ 61 FR 26677 , May 28, 1996, as amended at 65 FR 38326 , June 20, 2000] § 101.5 Station authorization required. ( a ) [Reserved] ( b ) A separate application form must be filed electronically via ULS for each Digital Electronic Message Service (DEMS) Nodal Station. No license is required for a DEMS User Station or for a Multiple Address System (MAS) remote or mobile station. Authority for a DEMS Nodal Station licensee to serve a specific number of user stations to be licensed in the name of the carrier must be requested on FCC Form 601 filed for the DEMS Nodal Station. Authority for any number of MAS remotes and authority to serve MAS mobiles (to the extent this part permits such operation) within a specified area will be included in the authority for the MAS fixed master stations. ( c ) [Reserved] ( d ) For stations authorized under subpart H (Private Operational Fixed Point-to-Point Microwave Service), subpart I (Common Carrier Fixed Point-to-Point Microwave Service), and subpart L of this part (Local Multipoint Distribution Service), construction of new or modified stations may be initiated prior to grant of an authorization. As a condition to commencing construction under this paragraph (d) , the Commission may, at any time and without hearing or notice, prohibit such construction for any reason. Any construction conducted under this paragraph is at the applicant's sole risk. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23164 , Apr. 29, 1997; 63 FR 68981 , Dec. 14, 1998; 68 FR 4955 , Jan. 31, 2003] § 101.7 Eligibility for station license. ( a ) A station license may not be granted to or held by a foreign government or by a representative of a foreign government. ( b ) In the Common Carrier service, a station license may not be granted or held by: ( 1 ) Any alien or the representative of any alien; ( 2 ) Any corporation organized under the laws of any foreign government; ( 3 ) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by: Aliens or their representatives; a foreign government or representatives thereof; or any corporation organized under the laws of a foreign country; or ( 4 ) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign government, if the Commission finds that the public interest will be served by the refusal or revocation of such license. [ 61 FR 26677 , May 28, 1996, as amended at 61 FR 55581 , Oct. 28, 1996] § 101.17 [Reserved] § 101.21 Technical content of applications. Applications, except FCC Form 175, must contain all technical information required by the application form and any additional information necessary to fully describe the proposed facilities and to demonstrate compliance with all technical requirements of the rules governing the radio service involved (see subparts C , F , G , I , J , and L of this part , as appropriate). The following paragraphs describe a number of technical requirements. ( a ) - ( d ) [Reserved] ( e ) Each application in the Private Operational Fixed Point-to-Point Microwave Service and the Common Carrier Fixed Point-to-Point Microwave Service must include the following information: Applicant's name and address. Transmitting station name. Transmitting station coordinates. Frequencies and polarizations to be added, changed or deleted. Transmitting equipment, its stability, effective isotropic radiated power, emission designator, and type of modulation (digital). Transmitting antenna(s), model, gain, and, if required, a radiation pattern provided or certified by the manufacturer. Transmitting antenna center line height(s) above ground level and ground elevation above mean sea level. Receiving station name. Receiving station coordinates. Receiving antenna(s), model, gain, and, if required, a radiation pattern provided or certified by the manufacturer. Receiving antenna center line height(s) above ground level and ground elevation above mean sea level. Path azimuth and distance. Note: The position location of antenna sites shall be determined to an accuracy of no less than ±1 second in the horizontal dimensions (latitude and longitude) and ±1 meter in the vertical dimension (ground elevation) with respect to the National Spacial Reference System. ( f ) All applicants for regular authorization must, before filing an application, major amendments to a pending application, or modifications to a license, prior coordinate the proposed frequency usage with existing users in the area and other applicants with previously filed applications in accordance with the procedures in § 101.103 . In those frequency bands shared with the communication-satellite service, an applicant for a new station, for new points of communication, for the initial frequency assignment in a shared band for which coordination has not been previously effected, or for authority to modify the emission or radiation characteristics of an existing station in a manner that may increase the likelihood of harmful interference, must ascertain in advance whether the station(s) involved lie within the great circle coordination distance contours of an existing Earth station or one for which an application has been accepted for filing, and must coordinate his proposal with each such Earth station operator or applicant. For each potential interference path, the applicant must perform the computations required to determine that the expected level of interference to or from the terrestrial station does not exceed the maximum permissible interference power level in accordance with the technical standards and requirements of § 25.251 of this chapter . The Commission may, in the course of examining any application, require the submission of additional showings, complete with pertinent data and calculations in accordance with part 25 of this chapter , showing that harmful interference will not likely result from the proposed operation. (Technical characteristics of the Earth stations on file and coordination contour maps for those Earth stations will be kept on file for public inspection in the offices of the Commission's Space Bureau in Washington, DC.) ( g ) Each application in the Local Multipoint Distribution Service and 24 GHz Service must contain all technical information required by FCC Form 601 and any other applicable form or associated Public Notices and by any applicable rules in this part. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23164 , Apr. 29, 1997; 63 FR 68981 , Dec. 14, 1998; 65 FR 38327 , June 20, 2000; 65 FR 59357 , Oct. 5, 2000; 78 FR 25176 , Apr. 29, 2013; 88 FR 21451 , Apr. 10, 2023] § 101.23 Waiver of rules. Waiver of these rules may be granted upon application or on the Commission's own motion in accordance with § 1.925 of this chapter . [ 63 FR 68981 , Dec. 14, 1998] § 101.31 Temporary and conditional authorizations. ( a ) Operation at temporary locations. ( 1 ) Authorizations may be issued upon proper application for rendition of temporary service to subscribers under the following conditions: ( i ) When a fixed station, authorized to operate at temporary locations, is to remain at a single location for more than 6 months, an application for a station authorization designating that single location as the permanent location shall be filed at least 90 days prior to the expiration of the 6 month period; ( ii ) The station shall be used only for rendition of communication service at a remote point where the provision of wire facilities is not practicable within the required time frame; and ( iii ) The antenna structure height employed at any location shall not exceed the criteria set forth in § 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure height for each location has been obtained from the Commission prior to erection of the antenna. See § 101.125 . ( 2 ) Applications for authorizations to operate stations at temporary locations under the provisions of this section shall be made upon FCC Form 601. Blanket applications may be submitted for the required number of transmitters. An application for authority to operate a fixed station at temporary locations must specify the precise geographic area within which the operation will be confined. The area specified must be defined as a radius of operation about a specific coordinate (latitude/longitude), or as a county, or as a State. Exception to this specific requirement may be made for exceptionally large areas, such as the continental United States. Sufficient data must be submitted to show the need for the proposed area of operation. ( 3 ) Operations in the 17.8-19.7 GHz band for any services and in the 17.7-17.8 GHz band for MVPD operations are prohibited in the areas defined in § 1.924 of this chapter . Operations proposed in the areas defined in § 1.924 of this chapter may not commence without prior specific notification to, and authorization from, the Commission. ( b ) Conditional authorization. ( 1 ) An applicant for a new point-to-point microwave radio station(s) or a modification of an existing station(s) in the 952.95-956.15 and 956.55-959.75 MHz band segments; the 3700-4200, 5925-6425, 6525-6875, and 6875-7125 MHz bands; the 10.550-10.680, 10.700-11.700, 12.700-13.150, 13.200-13.250, 17.700-18.300, and 19.300-19.700 GHz bands; and the 21.800-22.000 and 23.000-23.200 GHz band segments (see § 101.147(s)(8) for specific service usage) may operate the proposed station(s) during the pendency of its applications(s) upon the filing of a properly completed formal application(s) that complies with subpart B of this part , if the applicant certifies that the following conditions are satisfied: ( i ) The frequency coordination procedures of § 101.103 have been successfully completed; ( ii ) The antenna structure(s) has been previously studied by the Federal Aviation Administration and determined to pose no hazard to aviation safety as required by subpart B of part 17 of this chapter ; or the antenna or tower structure does not exceed 6.1 meters above ground level or above an existing man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC; ( iii ) The grant of the application(s) does not require a waiver of the Commission's rules: ( iv ) The applicant has determined that the facility(ies) will not significantly affect the environment as defined in § 1.1307 of this chapter ; ( v ) The station site does not lie within 56.3 kilometers of any international border, within areas identified in §§ 1.924(a) through (d) of this chapter unless the affected entity consents in writing to conditional operation or, if for any services on frequencies in the 17.8-19.7 GHz band and for MVPD operations in the 17.7-17.8 GHz band, within any of the areas identified in § 1.924 of this chapter ; ( vi ) If operated on frequencies in the 10.6-10.68 GHz band, the station site does not lie within any of the following regions: Name of region Dimensions = radius in kilometers Center-point Kitt Peak, Arizona 60 N31-57-22; W111-36-42 Big Pine, California 60 N37-13-54; W118-16-34 Vandenburg AFB, California 75 N34-43-00; W120-34-00 Denver, Colorado 150 N39-43-00; W104-46-00 Washington, DC 150 N38-48-00; W76-52-00 Eglin AFB, Florida 50 N30-29-00; W86-32-00 Mauna Kea, Hawaii 60 N19-48-16; W155-27-29 North Liberty, Iowa 60 N41-46-17; W91-34-26 Maryland Point, Maryland 60 N38-22-26; W77-14-00 Hancock, New Hampshire 60 N42-56-01; W71-59-12 Los Alamos, New Mexico 60 N35-46-30; W106-14-42 Pie Town, New Mexico 60 N34-18-04; W108-07-07 Socorro, New Mexico 160 N34-04-43; W107-37-04 WSMR, New Mexico 75 N32-23-00; W106-29-00 Minot AFB, North Dakota 80 N48-15-00; W101-17-00 Arecibo, Puerto Rico 160 N18-20-37; W66-45-11 Fort Davis, Texas 60 N30-38-06; W103-56-39 St. Croix, Virgin Islands 60 N17-45-31; W64-35-03 Brewster, Washington 60 N48-07-53; W119-40-55 Green Bank, West Virginia 160 N38-25-59; W79-50-24 Note: Coordinates are referenced to North American Datum 1983 (NAD83). ( vii ) With respect to the 21.8-22.1 GHz and 23.0-23.3 GHz band, the filed application(s) does not propose to operate on a frequency pair centered on other than 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/23.125 GHz, 21.975/23.175 GHz, 22.025/23.225 GHz or 22.075/23.275 GHz and does not propose to operate with an E.I.R.P. greater than 55 dBm. The center frequencies are shifted from the center frequencies listed above for certain bandwidths as follows: add 0.005 GHz for 20 MHz bandwidth channels, add 0.010 GHz for 30 megahertz bandwidth channels, and subtract 0.005 GHz for 40 MHz bandwidth channels. See specific channel listings in § 101.147(s) . ( viii ) The filed application(s) is consistent with the proposal that was coordinated pursuant to § 101.103 . ( 2 ) Conditional authority ceases immediately if the application(s) is returned by the Commission because it is not acceptable for filing. ( 3 ) Conditional authorization does not prejudice any action the Commission may take on the subject application(s). Conditional authority is accepted with the express understanding that such authority may be modified or cancelled by the Commission at any time without hearing if, in the Commission's discretion, the need for such action arises. An applicant operating pursuant to this conditional authority assumes all risks associated with such operation, the termination or modification of the conditional authority, or the subsequent dismissal or denial of its applications(s). [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 55538 , Oct. 27, 1997; 63 FR 10779 , Mar. 5, 1998; 63 FR 68981 , Dec. 14, 1998; 65 FR 38327 , June 20, 2000; 68 FR 4955 , Jan. 31, 2003; 69 FR 17959 , Apr. 6, 2004; 71 FR 69048 , Nov. 29, 2006; 75 FR 41771 , July 19, 2010; 76 FR 59571 , Sept. 27, 2011; 80 FR 38912 , July 7, 2015] Processing of Applications § 101.45 Mutually exclusive applications. ( a ) The Commission will consider applications to be mutually exclusive if their conflicts are such that the grant of one application would effectively preclude by reason of harmful electrical interference, or other practical reason, the grant of one or more of the other applications. The Commission will presume “harmful electrical interference” exists when the levels of § 101.105 are exceeded, or when there is a material impairment to service rendered to the public despite full cooperation in good faith by all applicants or parties to achieve reasonable technical adjustments which would avoid electrical conflict. ( b ) A common carrier application, except in the Local Multipoint Distribution Service and in the 24 GHz Service, will be entitled to comparative consideration with one or more conflicting applications only if: ( 1 ) The application is mutually exclusive with the other application; and ( 2 ) The application is received by the Commission in a condition acceptable for filing by whichever “cut-off” date is earlier: ( i ) Sixty (60) days after the date of the public notice listing the first of the conflicting applications as accepted for filing; or ( ii ) One (1) business day preceding the day on which the Commission takes final action on the previously filed application (should the Commission act upon such application in the interval between thirty (30) and sixty (60) days after the date of its public notice). ( c ) Whenever three or more applications are mutually exclusive, but not uniformly so, the earliest filed application established the date prescribed in paragraph (b)(2) of this section, regardless of whether or not subsequently filed applications are directly mutually exclusive with the first filed application. (For example, applications A, B, and C are filed in that order. A and B are directly mutually exclusive, B and C are directly mutually exclusive. In order to be considered comparatively with B, C must be filed within the “cut-off” period established by A even though C is not directly mutually exclusive with A.) ( d ) Private operational fixed point-to-point microwave applications for authorization under this part will be entitled to comparative consideration with one or more conflicting applications in accordance with the provisions of § 1.227(b)(4) of this chapter . ( e ) An application otherwise mutually exclusive with one or more previously filed applications, but filed after the appropriate date prescribed in paragraphs (b) or (d) of this section, will be returned without prejudice and will be eligible for refiling only after final action is taken by the Commission with respect to the previously filed application (or applications). ( f ) For purposes of this section, any application (whether mutually exclusive or not) will be considered to be a newly filed application if it is amended by a major amendment (as defined by § 1.929 of this chapter ), except under any of the following circumstances: ( 1 ) The application has been designated for comparative hearing, or for comparative evaluation (pursuant to § 101.51 of this part ), and the Commission or the presiding officer accepts the amendment pursuant to § 1.927 of this chapter ; ( 2 ) The amendment resolves frequency conflicts with authorized stations or other pending applications which would otherwise require resolution by hearing or by comparative evaluation pursuant to § 101.51 provided that the amendment does not create new or additional frequency conflicts; ( 3 ) The amendment reflects only a change in ownership or control found by the Commission to be in the public interest, and for which a requested exemption from the “cut-off” requirements of this section is granted; ( 4 ) The amendment reflects only a change in ownership or control which results from an agreement under § 1.935 of this chapter whereby two or more applicants entitled to comparative consideration of their applications join in one (or more) of the existing applications and request dismissal of their other application (or applications) to avoid the delay and cost of comparative consideration; ( 5 ) The amendment corrects typographical, transcription, or similar clerical errors which are clearly demonstrated to be mistakes by reference to other parts of the application, and whose discovery does not create new or increased frequency conflicts; or ( 6 ) The amendment does not create new or increased frequency conflicts, and is demonstrably necessitated by events which the applicant could not have reasonably foreseen at the time of filing, such as, for example: ( i ) The loss of a transmitter or receiver site by condemnation, natural causes, or loss of lease or option; ( ii ) Obstruction of a proposed transmission path caused by the erection of a new building or other structure; or ( iii ) The discontinuance or substantial technological obsolescence of specified equipment, whenever the application has been pending before the Commission for two or more years from the date of its filing. ( g ) Applicants for the 932.5-935/941.5-944 MHz bands shall select a frequency pair. Applicants for these bands may select an unpaired frequency only upon a showing that spectrum efficiency will not be impaired and that unpaired spectrum is not available in other bands. During the initial filing window, frequency coordination is not required, except that an application for a frequency in the 942-944 MHz band must be coordinated to ensure that it does not affect an existing broadcast auxiliary service licensee. After the initial filing window, an applicant must submit evidence that frequency coordination has been performed with all licensees affected by the application. All frequency coordination must be performed in accordance with § 101.103 . In the event of mutually exclusive applications occurring during the initial filing window for the 932.5-935/941.5-944 MHz bands, applicants shall be given the opportunity to resolve these situations by applying for an alternative frequency pair, if one is available. To the extent that there are no other available frequencies or to the extent that mutually exclusive applications remain after this process is concluded, lotteries shall be conducted for each frequency pair among all remaining mutually exclusive applications, assuming appropriate coordination with existing broadcast auxiliary stations can be concluded, where necessary. In the event of mutually exclusive applications being received for these bands on the same day after the initial filing window has closed and a subsequent filing window opened, lotteries shall be conducted for each frequency pair among all mutually exclusive applications. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23164 , Apr. 29, 1997; 62 FR 24582 , May 6, 1997; 63 FR 6103 , Feb. 6, 1998; 63 FR 68982 , Dec. 14, 1998; 65 FR 59357 , Oct. 5, 2000] § 101.51 Comparative evaluation of mutually exclusive applications. ( a ) In order to expedite action on mutually exclusive applications in services under this rules part where neither competitive bidding nor the random selection processes apply, the applicants may request the Commission to consider their applications without a formal hearing in accordance with the summary procedure outlined in paragraph (b) in this section if: ( 1 ) The applications are entitled to comparative consideration pursuant to § 101.45 ; ( 2 ) The applications have not been designated for formal evidentiary hearing; and ( 3 ) The Commission determines, initially or at any time during the procedure outline in paragraph (b) of this section, that such procedure is appropriate, and that, from the information submitted and consideration of such other matters as may be officially noticed, there are no substantial and material questions of fact, presented (Other than those relating to the comparative merits of the applications) which would preclude a grant under § 1.915 of this chapter . ( b ) Provided that the conditions of paragraph (a) of this section are satisfied, applicants may request the Commission to act upon their mutually exclusive applications without a formal hearing pursuant to the summary procedure outlined below: ( 1 ) To initiate the procedure, each applicant will submit to the Commission a written statement containing: ( i ) A waiver of the applicant's right to a formal hearing; ( ii ) A request and agreement that, in order to avoid the delay and expense of a comparative formal hearing, the Commission should exercise its judgment to select from among the mutually exclusive applications that proposal (or proposals) which would best serve the public interest; and ( iii ) The signature of a principal (and the principal's attorney if represented). ( 2 ) After receipt of the written requests of all of the applicants the Commission (if it deems this procedure appropriate) will issue a notice designating the comparative criteria upon which the applications are to be evaluated and will request each applicant to submit, within a specified period of time, additional information concerning the applicant's proposal relative to the comparative criteria. ( 3 ) Within thirty (30) days following the due date for filing this information, the Commission will accept concise and factual argument on the competing proposals from the rival applicants, potential customers, and other knowledgeable parties in interest. ( 4 ) Within fifteen (15) days following the due date for the filing of comments, the Commission will accept concise and factual replies from the rival applicants. ( 5 ) From time to time during the course of this procedure the Commission may request additional information from the applicants and hold informal conferences at which all competing applicants will have the right to be represented. ( 6 ) Upon evaluation of the applications, the information submitted, and such other matters as may be officially noticed the Commission will issue a decision granting one (or more) of the proposals which it concludes would best serve the public interest, convenience and necessity. The decision will report briefly and concisely the reasons for the Commission's selection and will deny the other application(s). This decision will be considered final. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 6104 , Feb. 6, 1998; 63 FR 68982 , Dec. 14, 1998] License Transfers, Modifications, Conditions and Forfeitures § 101.55 Considerations involving transfer or assignment applications. ( a ) Except as provided for in paragraph (d) of this section, licenses not authorized pursuant to competitive bidding procedures may not be assigned or transferred prior to the completion of construction of the facility. ( b ) [Reserved] ( c ) At its discretion, the Commission may require the submission of an affirmative, factual showing (supported by affidavits of a person or persons with personal knowledge thereof) to demonstrate that the proposed assignor or transferor has not acquired an authorization or operated a station for the principal purpose of profitable sale rather than public service. This showing may include, for example, a demonstration that the proposed assignment or transfer is due to changed circumstances (described in detail) affecting the licensee subsequent to the acquisition of the license, or that the proposed transfer of radio facilities is incidental to a sale of other facilities or merger of interests. ( d ) If a proposed transfer of radio facilities is incidental to a sale or other facilities or merger of interests, the showing specified under paragraph (c) of this section shall be submitted and include an additional exhibit that: ( 1 ) Discloses complete details as to the sale of facilities or merger of interests; ( 2 ) Segregates clearly by an itemized accounting, the amount of consideration involved in the sale of facilities or merger of interests; and ( 3 ) Demonstrates that the amount of consideration assignable to the facilities or business interests involved represents their fair market value at the time of the transaction. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 6104 , Feb. 6, 1998; 63 FR 68982 , Dec. 14, 1998; 65 FR 38327 , June 20, 2000; 68 FR 4955 , Jan. 31, 2003] § 101.56 [Reserved] § 101.61 Certain modifications not requiring prior authorization in the Local Multipoint Distribution Service and 24 GHz Service In the Local Multipoint Distribution Service (LMDS) licensees may add, remove, or relocate facilities within the area authorized by the license without prior authorization. Upon request by an incumbent licensee or the Commission, an LMDS licensee shall furnish the technical parameters, location and coordinates of the completion of the addition, removal, relocation or modification of any of its facilities within the BTA. The LMDS licensee must provide such information within ten (10) days of receiving a written request. This section also applies to 24 GHz licensees that are licensed according to Economic Areas. [ 65 FR 59357 , Oct. 5, 2000] § 101.63 Period of construction; certification of completion of construction. Cross Reference Link to an amendment published at 89 FR 33258 , Apr. 29, 2024. ( a ) Each Station, except in Multichannel Video Distribution and Data Service, Local Multipoint Distribution Service, and the 24 GHz Service, authorized under this part must be in operation within 18 months from the initial date of grant. ( b ) For the 70 GHz, 80 GHz, and 90 GHz bands, the 12-month construction period will commence on the date of each registration of each individual link; adding links will not change the overall renewal period of the license. ( c ) Failure to timely begin operation means the authorization cancels automatically. ( d ) The frequencies associated with all point-to-multipoint authorizations which have cancelled automatically or otherwise been recovered by the Commission will again be made available for reassignment on a date and under terms set forth by Public Notice. See § 101.1331(d) for treatment of MAS incumbent site-by-site licenses recovered in EAs. ( e ) Requests for extension of time may be granted upon a showing of good cause pursuant to § 1.946(e) of this chapter . ( f ) Construction of any authorized facility or frequency must be completed by the date specified in the license as pursuant to § 1.946 of this chapter . ( g ) MVPD licensees which have both analog and digital emissions designators specified on the license and which already have, or may transition from analog to digital operations, or a combination of both, meet their completion of construction requirements and do not automatically surrender their license provided they are using either set of emissions. If the licensee has completed the transition to digital, the license can remove the unused analog emission designators the next time a modification or renewal application is filed. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23165 , Apr. 29, 1997; 63 FR 6104 , Feb. 6, 1998; 63 FR 68982 , Dec. 14, 1998; 64 FR 45893 , Aug. 23, 1999; 65 FR 17448 , Apr. 3, 2000; 65 FR 38327 , June 20, 2000; 65 FR 59357 , Oct. 5, 2000; 69 FR 3266 , Jan. 23, 2004; 69 FR 16832 , Mar. 31, 2004; 71 FR 69048 , Nov. 29, 2006; 81 FR 79944 , Nov. 14, 2016] § 101.64 Service areas. Service areas for 38.6-40.0 GHz service are Economic Areas (EAs) as defined below. EAs are delineated by the Regional Economic Analysis Division, Bureau of Economic Analysis, U.S. Department of Commerce. The Commerce Department organizes the 50 States and the District of Columbia into 172 EAs. Additionally, there are four EA-like areas: Guam and Northern Mariana Islands; Puerto Rico and the U.S. Virgin Islands; American Samoa and the Gulf of Mexico. A total of 175 authorizations (excluding the Gulf of Mexico EA-like area) will be issued for each channel block in the 39 GHz band. [ 64 FR 45893 , Aug. 23, 1999] § 101.65 Termination of station authorizations. In addition to the provisions of § 1.953 of this chapter , a site-based license will be automatically terminated in whole or in part without further notice to the licensee upon the voluntary removal or alteration of the facilities, so as to render the station not operational for a period of 30 days or more. A licensee is subject to this provision commencing on the date it is required to be providing service or operating under § 101.63 . This provision is inapplicable to blanket authorizations to operate fixed stations at temporary locations pursuant to the provisions of § 101.31(a)(2) . See § 101.305 for additional rules regarding temporary and permanent discontinuation of service. [ 82 FR 41549 , Sept. 1, 2017] Effective Date Note Effective Date Note: At 82 FR 41549 , Sept. 1, 2017, § 101.65 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 101.67 License period. Licenses for stations authorized under this part will be issued for a period not to exceed 10 years. Unless otherwise specified by the Commission, the expiration of regular licenses shall be on the date (month and day) selected by licensees in the year of expiration. Policies Governing Microwave Relocation From the 1850-1990 and 2110-2200 MHz Bands § 101.69 Transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands from the fixed microwave services to personal communications services and emerging technologies. Fixed Microwave Services (FMS) in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands have been allocated for use by emerging technology (ET) services, including Personal Communications Services (PCS), Advanced Wireless Services (AWS), and Mobile Satellite Services (MSS). The rules in this section provide for a transition period during which ET licensees may relocate existing FMS licensees using these frequencies to other media or other fixed channels, including those in other microwave bands. ( a ) ET licensees may negotiate with FMS licensees authorized to use frequencies in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands, for the purpose of agreeing to terms under which the FMS licensees would: ( 1 ) Relocate their operations to other fixed microwave bands or other media; or alternatively ( 2 ) Accept a sharing arrangement with the ET licensee that may result in an otherwise impermissible level of interference to the FMS operations. ( b ) - ( c ) [Reserved] ( d ) Relocation of FMS licensees in the 2110-2150 and 2160-2200 MHz band will be subject to mandatory negotiations only. Except as provided in paragraph (e) of this section, mandatory negotiation periods are defined as follows: ( 1 ) Non-public safety incumbents will have a two-year mandatory negotiation period; and ( 2 ) Public safety incumbents will have a three-year mandatory negotiation period. ( e ) Relocation of FMS licensees by Mobile-Satellite Service (MSS) licensees will be subject to mandatory negotiations only. ( 1 ) The mandatory negotiation period for non-public safety incumbents will end December 8, 2004. ( 2 ) The mandatory negotiation period for public safety incumbents will end December 8, 2005. ( f ) AWS licensees operating in the 1910-1920 MHz and 2175-2180 MHz bands will follow the requirements and procedures set forth in ET Docket No. 00-258 and WT Docket No. 04-356. ( g ) If no agreement is reached during the mandatory negotiation period, an ET licensee may initiate involuntary relocation procedures. Under involuntary relocation, the incumbent is required to relocate, provided that the ET licensee meets the conditions of § 101.75 . [ 62 FR 12758 , Mar. 18, 1997, as amended at 65 FR 48182 , Aug. 7, 2000; 68 FR 3464 , Jan. 24, 2003; 68 FR 68253 , Dec. 8, 2003; 69 FR 62622 , Oct. 27, 2004; 71 FR 29842 , May 24, 2006; 78 FR 8271 , Feb. 5, 2013; 78 FR 48621 , Aug. 9, 2013] § 101.71 [Reserved] § 101.73 Mandatory negotiations. ( a ) A mandatory negotiation period may be initiated at the option of the ET licensee. Relocation of FMS licensees by Mobile Satellite Service (MSS) operators and AWS licensees in the 2110-2150 MHz and 2160-2200 MHz bands will be subject to mandatory negotiations only. ( b ) Once mandatory negotiations have begun, an FMS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors: ( 1 ) Whether the ET licensee has made a bona fide offer to relocate the FMS licensee to comparable facilities in accordance with Section 101.75(b) ; ( 2 ) If the FMS licensee has demanded a premium, the type of premium requested (e.g., whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate ( i.e., whether there is a lack of proportion or relation between the two); ( 3 ) What steps the parties have taken to determine the actual cost of relocation to comparable facilities; ( 4 ) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process. ( c ) Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee. ( d ) Provisions for Relocation of Fixed Microwave Licensees in the 2110-2150 and 2160-2200 MHz bands. A separate mandatory negotiation period will commence for each FMS licensee when an ET licensee informs that FMS licensee in writing of its desire to negotiate. Mandatory negotiations will be conducted with the goal of providing the FMS licensee with comparable facilities defined as facilities possessing the following characteristics: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, comparable facilities provide an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, comparable facilities provide equivalent data loading bits per second (bps). ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. Comparable facilities provide reliability equal to the overall reliability of the FMS system. For digital systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmission, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog system is replaced with a digital system, only the resulting frequency response, harmonic distortion, signal-to-noise and its reliability will be considered in determining comparable reliability. ( 3 ) Operating Costs. Operating costs are the cost to operate and maintain the FMS system. ET licensees would compensate FMS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, and increased utility fees) for five years after relocation. ET licensees could satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FMS licensee would be equivalent to the 2 GHz system in order for the replacement system to be comparable. [ 61 FR 29694 , June 12, 1996, as amended at 62 FR 12758 , Mar. 18, 1997; 65 FR 48182 , Aug. 7, 2000; 68 FR 3464 , Jan. 24, 2003; 68 FR 68253 , Dec. 8, 2003; 69 FR 62622 , Oct. 27, 2004; 71 FR 29842 , May 24, 2006; 78 FR 8272 , Feb. 5, 2013; 78 FR 48621 , Aug. 9, 2013] § 101.75 Involuntary relocation procedures. ( a ) If no agreement is reached during the mandatory negotiation period, an ET licensee may initiate involuntary relocation procedures under the Commission's rules. ET licensees are obligated to pay to relocated only the specific microwave links to which their systems pose an interference problem. Under involuntary relocation, the FMS licensee is required to relocate, provided that the ET licensee: ( 1 ) Guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the FMS licensee that are directly attributable to an involuntary relocation, subject to a cap of two percent of the hard costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. ET licensees are not required to pay FMS licensees for internal resources devoted to the relocation process. ET licensees are not required to pay for transaction costs incurred by FMS licensees during the voluntary or mandatory periods once the involuntary period is initiated, or for fees that cannot be legitimately tied to the provision of comparable facilities; ( 2 ) Completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave frequencies and frequency coordination; and ( 3 ) Builds the replacement system and tests it for comparability with the existing 2 GHz system. ( b ) Comparable facilities. The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing FMS system with respect to the following three factors: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the ET licensee is required to provide the FMS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the ET licensee must provide the FMS licensee with equivalent data loading bits per second (bps). ET licensees must provide FMS licensees with enough throughput to satisfy the FMS licensee's system use at the time of relocation, not match the total capacity of the FMS system. ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. ET licensees must provide FMS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. ( 3 ) Operating costs. Operating costs are the cost to operate and maintain the FMS system. ET licensees must compensate FMS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, increased utility fees) for five years after relocation. ET licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FMS licensee must be equivalent to the 2 GHz system in order for the replacement system to be considered comparable. ( c ) The FMS licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff. ( d ) Twelve-month trial period. If, within one year after the relocation to new facilities, the FMS licensee demonstrates that the new facilities are not comparable to the former facilities, the ET licensee must remedy the defects or pay to relocate the microwave licensee to one of the following: its former or equivalent 2 GHz channels, another comparable frequency band, a land-line system, or any other facility that satisfies the requirements specified in paragraph (b) of this section. This trial period commences on the date that the FMS licensee begins full operation of the replacement link. If the FMS licensee has retained its 2 GHz authorization during the trial period, it must return the license to the Commission at the end of the twelve months. FMS licensees relocated from the 2110-2150 and 2160-2200 MHz bands may not be returned to their former 2 GHz channels. All other remedies specified in paragraph (d) are available to FMS licensees relocated from the 2110-2150 MHz and 2160-2200 MHz bands, and may be invoked whenever the FMS licensee demonstrates that its replacement facility is not comparable, subject to no time limit. [ 61 FR 29694 , June 12, 1996, as amended at 65 FR 48183 , Aug. 7, 2000; 68 FR 3464 , Jan. 24, 2003; 71 FR 29842 , May 24, 2006] § 101.77 Public safety licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. ( a ) In order for public safety licensees to qualify for a three year mandatory negotiation period as defined in § 101.69(d)(2) , the department head responsible for system oversight must certify to the ET licensee requesting relocation that: ( 1 ) The agency is a Police licensee, a Fire Licensee, or an Emergency Medical Licensee as defined in § 90.7 of this chapter , or meets the eligibility requirements of § 90.20(a)(2) of this chapter , except for § 90.20(a)(2)(ii) of this chapter , or that it is a licensee of other part 101 facilities licensed on a primary basis under the eligibility requirements of part 90, subpart B of this chapter ; and ( 2 ) The majority of communications carried on the facilities at issue involve safety of life and property. ( b ) A public safety licensee must provide certification within thirty (30) days of a request from a ET licensee, or the ET licensee may presume that special treatment is inapplicable. If a public safety licensee falsely certifies to an ET licensee that it qualifies for the extended time periods, this licensee will be in violation of the Commission's rules and will subject to appropriate penalties, as well as immediately subject to the non-public safety time periods. [ 61 FR 29695 , June 12, 1996, as amended at 62 FR 12758 , Mar. 18, 1997; 62 FR 18936 , Apr. 17, 1997; 71 FR 29842 , May 24, 2006] § 101.79 Sunset provisions for licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. ( a ) FMS licensees will maintain primary status in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands unless and until an ET licensee requires use of the spectrum. ET licensees are not required to pay relocation costs after the relocation rules sunset. Once the relocation rules sunset, an ET licensee may require the incumbent to cease operations, provided that the ET licensee intends to turn on a system within interference range of the incumbent, as determined by TIA TSB 10-F (for terrestrial-to-terrestrial situations) or TIA TSB 86 (for MSS satellite-to-terrestrial situations) or any standard successor. ET licensee notification to the affected FMS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the FMS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the FMS licensee to continue to operate on a mutually agreed upon basis. The date that the relocation rules sunset is determined as follows: ( 1 ) For the 2110-2150 MHz and 2160-2175 MHz and 2175-2180 MHz bands, ten years after the first ET license is issued in the respective band; and ( 2 ) For the 2180-2200 MHz band, for MSS/ATC December 8, 2013 ( i.e., ten years after the mandatory negotiation period begins for MSS/ATC operators in the service), and for ET licensees authorized under part 27 ten years after the first part 27 license is issued in the band. To the extent that an MSS operator is also an ET licensee authorized under part 27, the part 27 sunset applies to its relocation and cost sharing obligations should the two sets of obligations conflict. ( b ) If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that: ( 1 ) It cannot relocate within the six-month period (e.g., because no alternative spectrum or other reasonable option is available), and; ( 2 ) The public interest would be harmed if the incumbent is forced to terminate operations (e.g., if public safety communications services would be disrupted). [ 61 FR 29695 , June 12, 1996, as amended at 62 FR 12758 , Mar. 18, 1997; 68 FR 68254 , Dec. 8, 2003; 71 FR 29842 , May 24, 2006; 78 FR 8272 , Feb. 5, 2013] § 101.81 Future licensing in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. After April 25, 1996, all major modifications and extensions to existing FMS systems in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands will be authorized on a secondary basis to ET systems. All other modifications will render the modified FMS license secondary to ET operations, unless the incumbent affirmatively justifies primary status and the incumbent FMS licensee establishes that the modification would not add to the relocation costs of ET licensees. Incumbent FMS licensees will maintain primary status for the following technical changes: ( a ) Decreases in power; ( b ) Minor changes (increases or decreases) in antenna height; ( c ) Minor location changes (up to two seconds); ( d ) Any data correction which does not involve a change in the location of an existing facility; ( e ) Reductions in authorized bandwidth; ( f ) Minor changes (increases or decreases) in structure height; ( g ) Changes (increases or decreases) in ground elevation that do not affect centerline height; ( h ) Minor equipment changes. [ 61 FR 29695 , June 12, 1996, as amended at 62 FR 12759 , Mar. 18, 1997; 65 FR 38327 , June 20, 2000] § 101.82 Reimbursement and relocation expenses in the 2110-2150 MHz and 2160-2200 MHz bands. ( a ) Reimbursement and relocation expenses for the 2110-2130 MHz and 2160-2200 MHz bands are addressed in §§ 27.1160-27.1174 . ( b ) Cost-sharing obligations between AWS and MSS (space-to-Earth downlink). Whenever an ET licensee (AWS or Mobile Satellite Service for space-to-Earth downlink in the 2130-2150 or 2180-2200 MHz bands) relocates an incumbent paired microwave link with one path in the 2130-2150 MHz band and the paired path in the 2180-2200 MHz band, the relocator is entitled to reimbursement of 50 percent of its relocation costs (see paragraph (e)) of this section from any other AWS licensee or MSS space-to-Earth downlink operator which would have been required to relocate the same fixed microwave link as set forth in paragraphs (c) and (d) of this section. ( c ) Cost-sharing obligations for MSS (space-to-Earth downlinks). For an MSS space-to-Earth downlink, the cost-sharing obligation is based on the interference criteria for relocation, i.e. , TIA TSB 86 or any standard successor, relative to the relocated microwave link. Subsequently entering MSS space-to-Earth downlink operators must reimburse AWS or MSS space-to-Earth relocators (see paragraph (e)) of this section before the later entrant may begin operations in these bands, unless the later entrant can demonstrate that it would not have interfered with the microwave link in question. ( d ) Cost-sharing obligations among terrestrial stations. For terrestrial stations (AWS), cost-sharing obligations are governed by §§ 27.1160 through 27.1174 of this chapter ; provided, however, that MSS operators are not obligated to reimburse voluntarily relocating FMS incumbents in the 2180-2200 MHz band. (AWS reimbursement and cost-sharing obligations relative to voluntarily relocating FMS incumbents are governed by § 27.1166 of this chapter ). ( e ) The total costs of which 50 percent is to be reimbursed will not exceed $250,000 per paired fixed microwave link relocated, with an additional $150,000 permitted if a new or modified tower is required. [ 71 FR 29843 , May 24, 2006, as amended at 78 FR 8272 , Feb. 5, 2013] Policies Governing Fixed Service Relocation From the 18.58-19.30 GHz Band Source: 65 FR 54173 , Sept. 7, 2000, unless otherwise noted. § 101.83 Modification of station license. Permissible changes in equipment operating in the band 18.3-19.3 GHz: Notwithstanding other provisions of this section, stations that remain co-primary under the provisions of § 101.147(r) may not make modifications to their systems that increase interference to satellite earth stations, or result in a facility that would be more costly to relocate. [ 68 FR 16968 , Apr. 8, 2003] § 101.85 Transition of the 18.3-19.3 GHz band from the terrestrial fixed services to the fixed-satellite service (FSS). Fixed services (FS) frequencies in the 18.3-19.3 GHz bands listed in §§ 21.901(e) , 74.502(c) , 74.602(g) , and 78.18(a)(4) and § 101.147(a) and (r) of this chapter have been allocated for use by the fixed-satellite service (FSS). The rules in this section provide for a transition period during which FSS licensees may relocate existing FS licensees using these frequencies to other frequency bands, media or facilities. ( a ) FSS licensees may negotiate with FS licensees authorized to use frequencies in the 18.3-19.30 GHz bands for the purpose of agreeing to terms under which the FS licensees would: ( 1 ) Relocate their operations to other frequency bands, media or facilities; or alternatively ( 2 ) Accept a sharing arrangement with the FSS licensee that may result in an otherwise impermissible level of interference to the FSS operations. ( b ) ( 1 ) FS operations in the 18.3-18.58 GHz band that remain co-primary under the provisions of §§ 21.901(e) , 74.502(c) , 74.602(d) , 78.18(a)(4) and 101.147(r) of this chapter will continue to be co-primary with the FSS users of this spectrum until November 19, 2012 or until the relocation of the fixed service operations, whichever occurs sooner. ( 2 ) FS operations in the 18.58-19.3 GHz band that remain co-primary under the provisions of §§ 21.901(e) , 74.502(c) , 74.602(d) , 78.18(a)(4) and 101.147(r) of this chapter will continue to be co-primary with the FSS users of this spectrum until June 8, 2010 or until the relocation of the fixed service operations, whichever occurs sooner, except for operations in the band 19.26-19.3 GHz and low power systems operating pursuant to § 101.47(r)(10) , which shall operate on a co-primary basis until October 31, 2011. ( 3 ) If no agreement is reached during the negotiations pursuant to § 101.85(a) , an FSS licensee may initiate relocation procedures. Under the relocation procedures, the incumbent is required to relocate, provided that the FSS licensee meets the conditions of § 101.91 . ( c ) Negotiation periods are defined as follows: ( 1 ) Non-public safety incumbents will have a two-year negotiation period. ( 2 ) Public safety incumbents will have a three-year negotiation period. [ 65 FR 54173 , Sept. 7, 2000, as amended at 66 FR 63516 , Dec. 7, 2001; 68 FR 16968 , Apr. 8, 2003] § 101.89 Negotiations. ( a ) The negotiation is triggered by the fixed-satellite service (FSS) licensee, who must contact the fixed services (FS) licensee and request that negotiations begin. ( b ) Once negotiations have begun, an FS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors: ( 1 ) Whether the FSS licensee has made a bona fide offer to relocate the FS licensee to comparable facilities in accordance with § 101.91(b) ; ( 2 ) If the FS licensee has demanded a premium, the type of premium requested (e.g., whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate (i.e., whether there is a lack of proportion or relation between the two); ( 3 ) What steps the parties have taken to determine the actual cost of relocation to comparable facilities; ( 4 ) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process. ( c ) Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee. ( d ) Negotiations will commence when the FSS licensee informs the FS licensee in writing of its desire to negotiate. Negotiations will be conducted with the goal of providing the FS licensee with comparable facilities, defined as facilities possessing the following characteristics: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the FSS licensee is required to provide the FS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the FSS licensee must provide the FS licensee with equivalent data loading bits per second (bps). FSS licensees must provide FS licensees with enough throughput to satisfy the FS licensee's system use at the time of relocation, not match the total capacity of the FS system. ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. FSS licensees must provide FS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. ( 3 ) Operating costs. Operating costs are the cost to operate and maintain the FS system. FSS licensees must compensate FS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, increased utility fees) for five years after relocation. FSS licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FS licensee must be equivalent to the 18 GHz system in order for the replacement system to be considered comparable. § 101.91 Involuntary relocation procedures. ( a ) If no agreement is reached during the negotiations period, an FSS licensee may initiate relocation procedures under the Commission's rules. FSS licensees are obligated to pay to relocate only the specific microwave links from which their systems may receive interference. Under these procedures, the FS licensee is required to relocate, provided that the FSS licensee: ( 1 ) Guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the FS licensee that are directly attributable to the relocation, subject to a cap of two percent of the hard costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. FSS licensees are not required to pay FS licensees for internal resources devoted to the relocation process. FSS licensees are not required to pay for transaction costs incurred by FS licensees during the negotiations once the negotiation is initiated, or for fees that cannot be legitimately tied to the provision of comparable facilities; ( 2 ) Completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave frequencies and frequency coordination; and ( 3 ) Builds the replacement system and tests it for comparability with the existing 18 GHz system. ( b ) Comparable facilities. The replacement system provided to an incumbent during a relocation must be at least equivalent to the existing FS system with respect to the following three factors: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the FSS licensee is required to provide the FS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the FSS licensee must provide the FS licensee with equivalent data loading bits per second (bps). FSS licensees must provide FS licensees with enough throughput to satisfy the FS licensee's system use at the time of relocation, not match the total capacity of the FS system. ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. FSS licensees must provide FS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. ( 3 ) Operating costs. Operating costs are the cost to operate and maintain the FS system. FSS licensees must compensate FS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, increased utility fees) for five years after relocation. FSS licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FS licensee must be equivalent to the 18 GHz system in order for the replacement system to be considered comparable. ( c ) The FS licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff. The FS licensee may take up to 12 months to make such adjustments and perform such testing. ( d ) If the FS licensee demonstrates to the Commission that the new facilities are not comparable to the former facilities, the Commission may require the FSS licensee to further modify or replace the FS licensee's equipment. [ 65 FR 54173 , Sept. 7, 2000, as amended at 66 FR 63516 , Dec. 7, 2001] § 101.95 Sunset provisions for licensees in the 18.30-19.30 GHz band. ( a ) FSS licensees are not required to pay relocation costs after the relocation rules sunset (see §§ 74.502(c) , 74.602(g) , and 78.18(a)(4) of this chapter , and 101.147 (a) and (r)). Once the relocation rules sunset, an FSS licensee may require the incumbent to cease operations, provided that the FSS licensee intends to turn on a system within interference range of the incumbent, as determined by TIA Bulletin 10-F or any standard successor. FSS licensee notification to the affected FS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the FS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the FS licensee to continue to operate on a mutually agreed upon basis. ( b ) If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that: ( 1 ) It cannot relocate within the six-month period (e.g., because no alternative spectrum or other reasonable option is available); and ( 2 ) The public interest would be harmed if the incumbent is forced to terminate operations (e.g., if public safety communications services would be disrupted). § 101.97 Future licensing in the 18.30-19.30 GHz band. ( a ) All major modifications and extensions to existing FS systems in the 18.3-18.58 band after November 19, 2002, or in the 18.58-19.30 band after June 8, 2000 (with the exception of certain low power operations authorized under § 101.147(r)(10) ) will be authorized on a secondary basis to FSS systems. All other modifications will render the modified FS license secondary to FSS operations, unless the incumbent affirmatively justifies primary status and the incumbent FS licensee establishes that the modification would not add to the relocation costs for FSS licensees. Incumbent FS licensees will maintain primary status for the following technical changes: ( 1 ) Decreases in power; ( 2 ) Minor changes (increases or decreases) in antenna height; ( 3 ) Minor location changes (up to two seconds); ( 4 ) Any data correction which does not involve a change in the location of an existing facility; ( 5 ) Reductions in authorized bandwidth; ( 6 ) Minor changes (increases or decreases) in structure height; ( 7 ) Changes (increases or decreases) in ground elevation that do not affect centerline height; ( 8 ) Minor equipment changes. ( 9 ) Changes in ownership or control. ( b ) The provisions of § 101.83 are applicable, notwithstanding any other provisions of this section. [ 65 FR 54173 , Sept. 7, 2000, as amended at 66 FR 63516 , Dec. 7, 2001; 68 FR 19698 , Apr. 8, 2003] Subpart C—Technical Standards § 101.101 Frequency availability. Frequency band (MHz) Radio service Common carrier (Part 101) Private radio (Part 101) Broadcast auxiliary (Part 74) Other (parts 15, 21, 22, 24, 25, 27, 74, 78 & 100) Notes 928-929 MAS MAS PRS 932.0-932.5 MAS MAS PRS 932.5-935.0 CC OFS (1). 941.0-941.5 MAS MAS PRS 941.5-944.0 CC OFS Aural BAS (1). 952-958 OFS/MAS PRS 958-960 MAS OFS 1850-1990 OFS PCS 2110-2130 CC PET 2130-2150 OFS PET 2160-2180 CC ET 2180-2200 OFS PET 2450-2500 CC OFS TV BAS ISM F/M/TF 2650-2690 OFS MDS/ITFS 3700-4200 CC LTTS OFS SAT, ET (2). 5925-6425 CC LTTS OFS SAT 6425-6525 LTTS OFS TV BAS CARS M. 6525-6875 CC OFS 6875-7125 CC OFS TV BAS CARS 10,550-10,680 CC OFS DEMS 10,700-11,700 CC OFS SAT 12,200-12,700 MVDDS MVDDS, POFS DBS, NGSO FSS 12,700-13,250 CC LTTS OFS TV BAS CARS F/M/TF. 17,700-18,580 CC OFS TV BAS SAT CARS 17,700-18,300 CC OFS TV BAS CARS 18,300-18,580 CC OFS TV BAS CARS SAT 18,580-18,820 CC OFS Aural BAS SAT 18,820-18,920 CC OFS SAT 18,920-19,160 CC OFS Aural BAS SAT 19,160-19,260 CC OFS SAT 19,260-19,700 CC OFS TV BAS CARS SAT 21,200-23,600 CC LTTS OFS TF. 24,250-25,250 CC OFS 29,100-29,250 LMDS LMDS SAT 31,000-31,300 CC LMDS LTTS OFS LMDS F/M/TF. 71,000-76,000 CC OFS 25 F/M/TF 81,000-86,000 CC OFS 25 F/M/TF 92,000-95,000 CC OFS 15 F/M/TF. BAS: Broadcast Auxiliary Service—(Part 74) CARS: Cable Television Relay Service—(Part 78) CC: Common Carrier Fixed Point-to-Point Microwave Service—(Part 101, Subparts C & I) DBS: Direct Broadcast Satellite—(Part 100) DEMS: Digital Electronic Message Service—(Part 101, Subpart G) ISM: Industrial, Scientific & Medical—(Part 18) ITFS: Instructional Television Fixed Service—(Part 74) LTTS: Local Television Transmission Service—(Part 101, Subpart J) MAS: Multiple Address System—(Part 101) MDS: Multipoint Distribution Service—(Part 21) OFS: Private Operational Fixed Point-to-Point Microwave Service—(Part 101, Subparts C & H) PCS: Personal Communications Service—(Part 24) PET: Emerging Technologies (per ET Dkt. No. 92-9, not yet assigned) PRS: Paging and Radiotelephone Service—(Part 22, Subpart E) SAT: Fixed Satellite Service—(Part 25) Notes: F—Fixed M—Mobile TF—Temporary Fixed (1)—Applications for frequencies in the 932.5-935/941.5-944 MHz bands may be filed initially during a one-week period to be announced by public notice. After these applications have been processed, the Commission will announce by public notice a filing date for remaining frequencies. From this filing date forward, applications will be processed on a daily first-come, first-served basis. (2) Frequencies in this band are shared with stations in the fixed satellite service outside the contiguous United States. Applications for new permanent or temporary facilities in these bands will not be accepted for locations in the contiguous United States. Licensees, as of April 19, 2018, of existing permanent and temporary point-to-point Fixed Service links in the contiguous United States have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz band. Such licensees may seek reimbursement of their reasonable costs based on the “comparable facilities” standard used for the transition of microwave links out of other bands, see § 101.73(d) of this chapter (defining comparable facilities as facilities possessing certain characteristics in terms of throughput, reliability and operating costs) subject to the demonstration requirements and reimbursement administrative provisions administrative provisions in part 27, subpart O, of this chapter. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23165 , Apr. 29, 1997; 62 FR 24582 , May 6, 1997; 65 FR 38327 , June 20, 2000; 65 FR 54175 , Sept. 7, 2000; 65 FR 59357 , Oct. 5, 2000; 67 FR 43037 , June 28, 2002; 69 FR 3266 , Jan. 23, 2004; 69 FR 72047 , Dec. 10, 2004; 70 FR 4787 , Jan. 31, 2005; 76 FR 59571 , Sept. 27, 2011; 81 FR 79944 , Nov. 14, 2016; 85 FR 22889 , Apr. 23, 2020] § 101.103 Frequency coordination procedures. ( a ) Assignment of frequencies will be made only in such a manner as to facilitate the rendition of communication service on an interference-free basis in each service area. Unless otherwise indicated, each frequency available for use by stations in these services will be assigned exclusively to a single applicant in any service area. All applicants for, and licensees of, stations in these services must cooperate in the selection and use of the frequencies assigned in order to minimize interference and thereby obtain the most effective use of the authorized facilities. In the event harmful interference occurs or appears likely to occur between two or more radio systems and such interference cannot be resolved between the licensees thereof, the Commission may specify a time sharing arrangement for the stations involved or may, after notice and opportunity for hearing, require the licensees to make such changes in operating techniques or equipment as it may deem necessary to avoid such interference. ( b ) ( 1 ) Operations in the bands 31,000-31,075 MHz and 31,225-31,300 MHz licensed prior to March 11, 1997, were licensed on an unprotected basis and are subject to harmful interference from similarly licensed operations in that band. ( i ) Operations licensed in the Local Mulitpoint Distribution Service and those operations licensed prior to March 11, 1997, except in the Local Television Transmission Service, operating in these bands are equally protected against harmful interference from each other. ( ii ) In the case of operations licensed prior to March 11, 1997, except in the Local Television Transmission Service, that are licensed on a point-to-radius basis, LMDS licensees shall be subject to the protection requirement established in this section in the case of existing links operated by such licensees, and in the case of links added by such licensees in the future in accordance with the terms of their point-to-radius licenses. ( iii ) An LMDS licensee may not initiate operations within the point-to-radius area licensed to an operator (other than an operator in the Local Television Transmission Service) prior to March 11, 1997, even if such operator has not initiated operations to the fullest extent of the license. An LMDS licensee, however, may initiate operations at the border of such operator's license area without prior coordination if the LMDS licensee's operations would not cause harmful interference to the other operator's existing operations. ( iv ) An operator (other than an operator in the Local Television Transmission Service) licensed on a point-to-radius basis prior to March 11, 1997, may add additional stations within its license area. Such operator shall coordinate with any affected LMDS licensee if its new operations might cause harmful interference to the existing operations of such LMDS licensee. ( v ) Operations licensed prior to March 11, 1997, on a point-to-point basis may not be extended or otherwise modified through the addition of point-to-point links. Such operations shall be limited to the use of frequency pairs licensed as of March 11, 1997. Operations licensed in the Local Television Transmission Service as of March 11, 1997, may continue to operate, but such operators may not expand existing operations nor initiate new operations. ( 2 ) Operations in the 31,075-31,225 MHz band licensed prior to March 11, 1997, shall receive no protection against harmful interference from authorized operations in the Local Multipoint Distribution Service in that band. ( 3 ) Non-LMDS operations in the entire 31,000-31,300 MHz band licensed after March 11, 1997, based on applications refiled no later than June 26, 1998 are unprotected with respect to each other and subject to harmful interference from each other. ( i ) Such operations and any operations licensed prior to March 11, 1997, in the band are unprotected with respect to each other and subject to harmful interference from each other. ( ii ) Such operations are licensed on a secondary basis to LMDS operations licensed in the band, may not cause interference to LMDS operations, and are not protected from interference from LMDS operations. ( iii ) Such operations licensed on a point-to-point basis may not be extended or otherwise modified through the addition of point-to-point links. Such operations licensed on a point-to-radius basis may add additional stations within the licensed area. ( c ) Frequency diversity transmission will not be authorized in these services in the absence of a factual showing that the required communications cannot practically be achieved by other means. Where frequency diversity is deemed to be justified on a protection channel basis, it will be limited to one protection channel for the bands 3,700-4,200, 5925-6425, and 6525-6875 MHz, and a ratio of one protection channel for three working channels for the bands 10,550-10,680 and 10,700-11,700 MHz. In the bands 3,700-4,200, 5,925-6,425, and 6525-6875 MHz, no frequency diversity protection channel will be authorized unless there is a minimum of three working channels, except that where a substantial showing is made that a total of three working channels will be required within three years, a protection channel may be authorized simultaneously with the first working channel. A protection channel authorized under such exception will be subject to termination if applications for the third working channel are not filed within three years of the grant date of the applications for the first working channel. Where equipment employing digital modulation techniques with cross-polarized operation on the same frequency is used, the protection channel authorized under the above conditions may be considered to consist of both polarizations of the protection frequency where such is shown to be necessary. ( d ) Frequency coordination. For each frequency authorized under this part, the following frequency usage coordination procedures will apply: ( 1 ) General requirements. Proposed frequency usage must be prior coordinated with existing licensees, permittees and applicants in the area, and other applicants with previously filed applications, whose facilities could affect or be affected by the new proposal in terms of frequency interference on active channels, applied-for channels, or channels coordinated for future growth. Coordination must be completed prior to filing an application for regular authorization, or a major amendment to a pending application, or any major modification to a license. In coordinating frequency usage with stations in the fixed satellite service, applicants must also comply with the requirements of § 101.21(f) . In engineering a system or modification thereto, the applicant must, by appropriate studies and analyses, select sites, transmitters, antennas and frequencies that will avoid interference in excess of permissible levels to other users. All applicants and licensees must cooperate fully and make reasonable efforts to resolve technical problems and conflicts that may inhibit the most effective and efficient use of the radio spectrum; however, the party being coordinated with is not obligated to suggest changes or re-engineer a proposal in cases involving conflicts. Applicants should make every reasonable effort to avoid blocking the growth of systems as prior coordinated. The applicant must identify in the application all entities with which the technical proposal was coordinated. In the event that technical problems are not resolved, an explanation must be submitted with the application. Where technical problems are resolved by an agreement or operating arrangement between the parties that would require special procedures be taken to reduce the likelihood of interference in excess of permissible levels (such as the use of artificial site shielding) or would result in a reduction of quality or capacity of either system, the details thereof may be contained in the application. ( 2 ) Coordination procedure guidelines are as follows: ( i ) Coordination involves two separate elements: notification and response. Both or either may be oral or in written form. To be acceptable for filing, all applications and major technical amendments must certify that coordination, including response, has been completed. The names of the licensees, permittees and applicants with which coordination was accomplished must be specified. If such notice and/or response is oral, the party providing such notice or response must supply written documentation of the communication upon request; ( ii ) Notification must include relevant technical details of the proposal. At minimum, this should include, as applicable, the following: Applicant's name and address. Transmitting station name. Transmitting station coordinates. Frequencies and polarizations to be added, changed or deleted. Transmitting equipment type, its stability, actual output power, emission designator, and type of modulation(s) (loading). Notification shall indicate if modulations lower than the values listed in the table to § 101.141(a)(3) of the Commission's rules will be used. Transmitting antenna type(s), model, gain and, if required, a radiation pattern provided or certified by the manufacturer. Transmitting antenna center line height(s) above ground level and ground elevation above mean sea level. Receiving station name. Receiving station coordinates. Receiving antenna type(s), model, gain, and, if required, a radiation pattern provided or certified by the manufacturer. Receiving antenna center line height(s) above ground level and ground elevation above mean sea level. Path azimuth and distance. Estimated transmitter transmission line loss expressed in dB. Estimated receiver transmission line loss expressed in dB. For a system utilizing ATPC, maximum transmit power, coordinated transmit power, and nominal transmit power. Note: The position location of antenna sites shall be determined to an accuracy of no less than ±1 second in the horizontal dimensions (latitude and longitude) and ±1 meter in the vertical dimension (ground elevation) with respect to the National Spatial Reference System. ( iii ) For transmitters employing digital modulation techniques, the notification should clearly identify the type of modulation. Upon request, additional details of the operating characteristics of the equipment must also be furnished; ( iv ) Response to notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to notification indicating potential interference must specify the technical details and must be provided to the applicant, in writing, within the 30-day notification period. Every reasonable effort should be made by all applicants, permittees and licensees to eliminate all problems and conflicts. If no response to notification is received within 30 days, the applicant will be deemed to have made reasonable efforts to coordinate and may file its application without a response; ( v ) The 30-day notification period is calculated from the date of receipt by the applicant, permittee, or licensee being notified. If notification is by mail, this date may be ascertained by: ( A ) The return receipt on certified mail; ( B ) The enclosure of a card to be dated and returned by the recipient; or ( C ) A conservative estimate of the time required for the mail to reach its destination. In the last case, the estimated date when the 30-day period would expire should be stated in the notification. ( vi ) An expedited prior coordination period (less than 30 days) may be requested when deemed necessary by a notifying party. The coordination notice should be identified as “expedited” and the requested response date should be clearly indicated. However, circumstances preventing a timely response from the receiving party should be accommodated accordingly. It is the responsibility of the notifying party to receive written concurrence (or verbal, with written to follow) from affected parties or their coordination representatives. ( vii ) All technical problems that come to light during coordination must be resolved unless a statement is included with the application to the effect that the applicant is unable or unwilling to resolve the conflict and briefly the reason therefor; ( viii ) Where a number of technical changes become necessary for a system during the course of coordination, an attempt should be made to minimize the number of separate notifications for these changes. Where the changes are incorporated into a completely revised notice, the items that were changed from the previous notice should be identified. When changes are not numerous or complex, the party receiving the changed notification should make an effort to respond in less than 30 days. When the notifying party believes a shorter response time is reasonable and appropriate, it may be helpful for that party to so indicate in the notice and perhaps suggest a response date; ( ix ) If, after coordination is successfully completed, it is determined that a subsequent change could have no impact on some parties receiving the original notification, these parties must be notified of the change and of the coordinator's opinion that no response is required; ( x ) Applicants, permittees and licensees should supply to all other applicants, permittees and licensees within their areas of operations, the name, address and telephone number of their coordination representatives. Upon request from coordinating applicants, permittees and licensees, data and information concerning existing or proposed facilities and future growth plans in the area of interest should be furnished unless such request is unreasonable or would impose a significant burden in compilation; ( xi ) Parties should keep other parties with whom they are coordinating advised of changes in plans for facilities previously coordinated. If applications have not been filed 6 months after coordination was initiated, parties may assume that such frequency use is no longer desired unless a second notification has been received within 10 days of the end of the 6 month period. Renewal notifications are to be sent to all originally notified parties, even if coordination has not been successfully completed with those parties; and ( xii ) Any frequency reserved by a licensee for future use in the bands subject to this part must be released for use by another licensee, permittee or applicant upon a showing by the latter that it requires an additional frequency and cannot coordinate one that is not reserved for future use. ( e ) Where frequency conflicts arise between co-pending applications in the Private Operational Fixed Point-to-Point Microwave, Common Carrier Fixed Point-to-Point Microwave and Local Television Transmission Services, it is the obligation of the later filing applicant to amend his application to remove the conflict, unless it can make a showing that the conflict cannot be reasonably eliminated. Where a frequency conflict is not resolved and no showing is submitted as to why the conflict cannot be resolved, the Commission may grant the first filed application and dismiss the later filed application(s) after giving the later filing applicant(s) 30 days to respond to the proposed action. ( f ) ( 1 ) Coordination and information sharing between MVDDS and NGSO FSS licensees in the 12.2 GHz to 12.7 GHz band. Prior to the construction or addition of an MVDDS transmitting antenna in this frequency band, the MVDDS licensee shall provide notice of intent to construct the proposed antenna site to NGSO FSS licensees operating in the 12.2-12.7 GHz frequency band and maintain an Internet web site of all existing transmitting sites and transmitting antennas that are scheduled for operation within one year including the “in service” dates. In addition to the location of a proposed new transmitting antenna, MVDDS licensees shall provide to the NGSO FSS licensees a technical description of the operating characteristics of the proposed transmission facility. At a minimum, the following information must be included in each notification: ( i ) Name of MVDDS licensee; ( ii ) Geographic location (including NAD83 coordinates) of proposed MVDDS transmitting antenna; ( iii ) Maximum EIRP per 24 MHz; ( iv ) Height above average terrain of the transmitting antenna; ( v ) Type of antenna to be utilized; ( vi ) Main beam azimuth and altitude orientation for the proposed transmitting antenna; ( vii ) Theoretically modeled antenna radiation pattern; ( viii ) Type(s) of emissions, and; ( ix ) Description of the proposed service area. ( 2 ) If the proposed MVDDS antenna site does not meet the minimum spacing requirements on the date of original notification or on subsequent annual anniversary dates of non-operation as set forth in § 101.129 , then the MVDDS licensee shall not construct the proposed transmission facility unless all NGSO FSS licensees having active subscribers within the minimum separation distance agree to a shorter spacing. Nothing in this section shall preclude MVDDS and NGSO FSS licensees from agreeing to accept the siting of new MVDDS transmitting antennas that do no meet the minimum distance set forth in § 101.129 . Incumbent point-to-point licensees' (those not licensed as MVDDS) facilities are to be operated in the band 12,200-12,700 MHz following the procedures, technical standards, and requirements of § 101.105 in order to protect stations providing Direct Broadcast Satellite Service. ( g ) Licensees operating in Basic Trading Areas authorized in the Local Multipoint Distribution Service. ( 1 ) When the transmitting facilities in a Basic Trading Area (BTA) are to be operated in the bands 29,100-29,250 MHz and 31,000-31,300 MHz and the facilities are located within 20 kilometers of the boundaries of a BTA, each licensee must complete the frequency coordination process of paragraph (d)(2) of this section with respect to neighboring BTA licensees that may be affected by its operations prior to initiating service. In addition, all licensed transmitting facilities operating in the bands 31,000-31,075 MHz and 31,225-31,300 MHz and located within 20 kilometers of neighboring facilities must complete the frequency coordination process of paragraph (d)(2) of this section with respect to such authorized operations before initiating service. ( 2 ) Response to notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to notification indicating potential interference must specify the technical details and must be provided to the applicant, either electronically or in writing, within the 30-day notification period. Every reasonable effort should be made by all licensees to eliminate all problems and conflicts. If no response to notification is received within 30 days, the licensee will be deemed to have made reasonable efforts to coordinate and commence operation without a response. The beginning of the 30-day period is determined pursuant to paragraph (d)(2)(v) of this section. ( h ) Special requirements for operations in the band 29,100-29,250 MHz. ( 1 ) ( i ) Local Multipoint Distribution Service (LMDS) receive stations operating on frequencies in the 29,100-29,250 MHz band within a radius of 75 nautical miles of the geographic coordinates provided by a non-GSO-MSS licensee pursuant to § 101.113(c)(2) or (c)(3)(i) (the “feeder link earth station complex protection zone”) shall accept any interference caused to them by such earth station complexes and shall not claim protection from such earth station complexes. ( ii ) LMDS licensees operating on frequencies in the 29,100-29,250 MHz band outside a feeder link earth station complex protection zone shall cooperate fully and make reasonable efforts to resolve technical problems with the non-GSO MSS licensee to the extent that transmissions from the non-GSO MSS operator's feeder link earth station complex interfere with an LMDS receive station. ( 2 ) No more than 15 days after the release of a public notice announcing the commencement of LMDS auctions, feeder link earth station complexes to be licensed pursuant to § 25.257 of this chapter shall be specified by a set of geographic coordinates in accordance with the following requirements: no feeder link earth station complex may be located in the top eight (8) metropolitan statistical areas (MSAs), ranked by population, as defined by the Office of Management and Budget as of June 1993, using estimated populations as of December 1992; two (2) complexes may be located in MSAs 9 through 25, one of which must be Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51 to 100, one of which must be Honolulu, Hawaii (for a complex at Waimea); and the three (3) remaining complexes must be located at least 75 nautical miles from the borders of the 100 largest MSAs or in any MSA not included in the 100 largest MSAs. Any location allotted for one range of MSAs may be taken from an MSA below that range. ( 3 ) ( i ) Any non-GSO MSS licensee may at any time specify sets of geographic coordinates for feeder link earth station complexes with each earth station contained therein to be located at least 75 nautical miles from the border of the 100 largest MSAs. ( ii ) For purposes of paragraph (h)(3)(i) of this section, non-GSO MSS feeder link earth station complexes shall be entitled to accommodation only if the affected non-GSO MSS licensee preapplies to the Commission for a feeder link earth station complex or certifies to the Commission within sixty days of receiving a copy of an LMDS application that it intends to file an application for a feeder link earth station complex within six months of the date of receipt of the LMDS application. ( iii ) If said non-GSO MSS licensee application is filed later than six months after certification of the Commission, the LMDS and non-GSO MSS entities shall still cooperate fully and make reasonable efforts to resolve technical problems, but the LMDS licensee shall not be obligated to re-engineer its proposal or make changes to its system. ( 4 ) LMDS licensees or applicants proposing to operate hub stations on frequencies in the 29,100-29,250 MHz band at locations outside of the 100 largest MSAs or within a distance of 150 nautical miles from a set of geographic coordinates specified under paragraphs (h)(2) or (h)(3)(i) of this section shall serve copies of their applications on all non-GSO MSS applicants, permittees or licensees meeting the criteria specified in § 25.257(a) . Non-GSO MSS licensees or applicants shall serve copies of their feeder link earth station applications, after the LMDS auction, on any LMDS applicant or licensee within a distance of 150 nautical miles from the geographic coordinates that it specified under § 101.113(c)(2) or (c)(3)(i) . Any necessary coordination shall commence upon notification by the party receiving an application to the party who filed the application. The results of any such coordination shall be reported to the Commission within sixty days. The non-GSO MSS earth station licensee shall also provide all such LMDS licensees with a copy of its channel plan. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23165 , Apr. 29, 1997; 63 FR 6105 , Feb. 6, 1998; 63 FR 9448 , Feb. 25, 1998; 63 FR 14039 , Mar. 24, 1998; 63 FR 68983 , Dec. 14, 1998; 64 FR 45893 , Aug. 23, 1999; 65 FR 38328 , June 20, 2000; 67 FR 43037 , June 26, 2002; 76 FR 59571 , Sept. 27, 2011; 81 FR 79944 , Nov. 14, 2016] § 101.105 Interference protection criteria. ( a ) The interference protection criteria for fixed stations subject to this part are as follows: ( 1 ) To long-haul analog systems, employing frequency modulated radio and frequency division multiplexing to provide multiple voice channels, the allowable interference level per exposure: ( i ) Due to co-channel sideband-to-sideband interference must not exceed 5 pwpO (Picowatts of absolute noise power psophometrically weighted (pwpO), appearing in an equivalent voice band channel of 300-3400 Hz); or ( ii ) Due to co-channel carrier-beat interference must not exceed 50 pwpO. ( 2 ) To short-haul analog systems employing frequency modulated radio and frequency division multiplexing to provide multiple voice channels, the allowable interference level per exposure: ( i ) Due to co-channel sideband-to-sideband interference must not exceed 25 pwpO except in the 952-960 MHz band interference into single link fixed relay and control stations must not exceed 250 pwpO per exposure; or ( ii ) Due to co-channel carrier-beat interference must not exceed 50 pwpO except in the 952-960 MHz band interference into single link fixed relay and control stations must not exceed 1000 pwpO per exposure. ( 3 ) FM-TV. In analog systems employing frequency modulated radio that is modulated by a standard, television (visual) signal, the allowable interference level per exposure may not exceed the levels which would apply to long-haul or short-haul FM-FDM systems, as outlined in paragraphs (b) (1) and (2) of this section, having a 600-1200 voice channel capacity. ( 4 ) 12.2-12.7 GHz band. ( i ) To accommodate co-primary NGSO FSS earth stations in the 12.2-12.7 GHz band, the PFD of an MVDDS transmitting system must not exceed −135 dBW/m 2 in any 4 kHz band at a reference point at the surface of the earth at a distance greater than 3 kilometers from the MVDDS transmitting antenna. ( ii ) To accommodate co-primary Direct Broadcast Satellite Service earth stations, an MVDDS transmitting system must not exceed the EPFD levels specified in paragraph (a)(4)(ii)(B) of this section at any DBS subscriber location in accordance with the procedures listed in § 101.1440 of this part . ( A ) Definition of equivalent power flux density: The equivalent power flux density (EPFD) is the power flux density produced at a direct broadcast service (DBS) receive earth station, taking into account shielding effects and the off-axis discrimination of the receiving antenna assumed to be pointing at the appropriate DBS satellite(s) from the transmitting antenna of a multichannel video distribution and data service (MVDDS) transmit station. The EPFD in dBW/m 2 in the reference bandwidth is calculated using the following formula: Where: P out = Total output power of the MVDDS transmitter (watts) into antenna Gm ( θ m , φ m = Gain of the MVDDS antenna in the direction of the DBS earth station G e ( θ e , φ e = Gain of the earth station in the direction of the MVDDS antenna I = Interference scaling factor for the earth station (1 dB for MVDDS transmitters employing the modulation discussed in Section 3.1.5 of the MITRE Report ( i.e., a QPSK modulated signal passed through a square-root raised cosine filter). For other modulation and filtering schemes, the interference scaling factor can be measured using the procedures described in Appendix A of the MITRE Report available at http://www.fcc.gov/oet/info/mitrereport/mitrereport_4_01.pdf ). G e, max = Maximum gain of the DBS earth station d = the distance between the MVDDS transmitting antenna and the DBS earth station (meters) ( B ) Regional equivalent power flux density levels: ( 1 ) −168.4 dBW/m 2 /4kHz in the Eastern region consisting of the District of Columbia and the following states: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, West Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, and Florida; ( 2 ) −169.8 dBW/m 2 /4kHz in the Midwestern region consisting of the following states: Ohio, Michigan, Indiana, Wisconsin, Illinois, Minnesota, Iowa, Missouri, Arkansas, South Dakota, Nebraska, Kansas, Oklahoma, and Texas; ( 3 ) −171.0 dBW/m 2 /4kHz in the Southwestern region consisting of the following states: Wyoming, Colorado, New Mexico, Utah, Arizona, Nevada, and California (south of 37° North Latitude); ( 4 ) −172.1 dBW/m 2 /4kHz in the Northwestern region consisting of the following states: Washington, Oregon, California (north of 37° North Latitude), Idaho, Montana, North Dakota, Alaska, and Hawaii. ( iii ) Except for public safety entities, harmful interference protection from MVDDS stations to incumbent point-to-point 12 GHz fixed stations is not required. Incumbent point-to-point private operational fixed 12 GHz stations, except for public safety entities, are required to protect MVDDS stations under the process described in § 101.103(d) of this part . ( 5 ) 71,000-76,000 MHz; 81,000-86,000 MHz. In these bands the following interference criteria shall apply: ( i ) For receivers employing digital modulation: based upon manufacturer data and following TSB 10-F or other generally acceptable good engineering practice, for each potential case of interference a threshold-to-interference ratio (T/I) shall be determined that would cause 1.0 dB of degradation to the static threshold of the protected receiver. For the range of carrier power levels (C) between the clear-air (unfaded) value and the fully-faded static threshold value, in no case shall interference cause C/I to be less than the T/I so determined unless it can be shown that the availability of the affected receiver would still be acceptable despite the interference. ( ii ) For receivers employing analog modulation: manufacturer data or industry criteria will specify a baseband signal-to-noise requirement (S/N) of the receiver that will result in acceptable signal quality for continuous operation. Following TSB 10-F or other generally acceptable good engineering practice, for each potential case of interference a C/I objective shall be calculated to ensure that this S/N will not be degraded by more than 1.0 dB. For the range of carrier power levels (C) between the clear-air (unfaded) value and the fully-faded threshold value, in no case shall interference cause the C/I to be less than the objective so determined unless it can be shown that the signal quality and availability of the affected receiver would still be acceptable despite the interference. ( 6 ) 92,000-94,000 MHz; 94,100-95,000 MHz. In these bands prior links shall be protected to a threshold-to-interference ratio (T/I) level of 1.0 dB of degradation to the static threshold of the protected receiver. Any new link shall not decrease a previous link's desired-to-undesired (D/U) signal ratio below a minimum of 36 dB, unless the earlier link's licensee agrees to accept a lower D/U. ( 7 ) All stations operating under this part must protect the radio quiet zones as required by § 1.924 of this chapter . Stations authorized by competitive bidding are cautioned that they must receive the appropriate approvals directly from the relevant quiet zone entity prior to operating. ( b ) In addition to the requirements of paragraph (a) of this section the adjacent channel interference protection criteria to be afforded, regardless of system length, or type of modulation, multiplexing, or frequency band, must be such that the interfering signal does not produce more than 1.0 dB degradation of the practical threshold of the protected receiver. The “practical threshold” of the protected receiver can be based upon the definition in TSB 10, referenced in paragraph (c) of this section, or upon alternative generally acceptable good engineering standards. ( c ) Applying the criteria. ( 1 ) Guidelines for applying the interference protection criteria for fixed stations subject to this part are specified in the Telecommunications Industry Association's Telecommunications Systems Bulletin TSB 10, “Interference Criteria for Microwave Systems” (TSB 10). Other procedures that follow generally acceptable good engineering practices are also acceptable to the Commission. ( 2 ) If TSB 10 guidelines cannot be used, the following interference protection criteria may be used by calculating the ratio in dB between the desired (carrier signal) and the undesired (interfering) signal (C/I ratio) appearing at the input to the receiver under investigation (victim receiver). Except as provided in § 101.147 where the applicant's proposed facilities are of a type not included in paragraphs (a) and (b) of this section or where the development of the carrier-to-interference (C/I) ratio is not covered by generally acceptable procedures, or where the applicant does not wish to develop the carrier-to-interference ratio, the applicant must, in the absence of criteria or a developed C/I ratio, employ the following C/I protection ratios: ( i ) Co-Channel Interference. Both side band and carrier-beat, applicable to all bands; the existing or previously authorized system must be afforded a carrier to interfering signal protection ratio of at least 90 dB, except in the 952-960 MHz band where it must be 75dB, and in the 71,000-76,000 MHz and 81,000-86,000 MHz bands where the criteria in paragraph (a)(5) of this section applies, and in the 92,000-94,000 MHz and 94,100-95,000 MHz bands, where the criteria in paragraph (a)(6) of this section applies; or ( ii ) Adjacent Channel Interference. Applicable to all bands; the existing or previously authorized system must be afforded a carrier to interfering signal protection ratio of at least 56 dB, except in the 71,000-76,000 MHz and 81,000-86,000 MHz bands where the criteria in paragraph (a)(5) of this section applies, and in the 92,000-94,000 MHz and 94,100-95,000 MHz bands, where the criteria in paragraph (a)(6) of this section applies. ( 3 ) Applicants for frequencies listed in § 101.147(b)(1) through (4) must make the following showings that protection criteria have been met over the entire service area of existing systems. Such showings may be made by the applicant or may be satisfied by a statement from a frequency coordinator. ( i ) For site-based multiple address stations in the 928-929/952-960 MHz and the 932-932.5/941-941.5 MHz bands, a statement that the proposed system complies with the following co-channel separations from all existing stations and pending applications: Fixed-to-fixed—145 km; Fixed-to-mobile—113 km; Mobile-to-mobile—81 km Note to paragraph ( c )(3)( i ): Multiple address systems employing only remote stations will be treated as mobile for the purposes of determining the appropriate separation. For mobile operation, the mileage is measured from the reference point specified on the license application. For fixed operation on subfrequencies in accordance with § 101.147 the mileage also is measured from the reference point specified on the license application. ( ii ) In cases where the geographic separation standard in paragraph (c)(3)(i) of this section is not followed, an engineering analysis must be submitted to show the coordination of the proposed assignment with existing systems located closer than those standards. The engineering analyses will include: ( A ) Specification of the interference criteria and system parameters used in the interference study; ( B ) Nominal service areas of each system included in the interference analysis; ( C ) Modified service areas resulting from the proposed system. The propagation models used to establish the service boundary limits must be specified and any special terrain features considered in computing the interference impact should be described; and ( D ) A statement that all parties affected have agreed to the engineering analysis and will accept the calculated levels of interference. ( iii ) MAS EA licensees shall provide protection in accordance with § 101.1333 . ( 4 ) Multiple address systems operating on subfrequencies in accordance with § 101.147 that propose to operate master stations at unspecified locations must define the operating area by a radius about a geographical coordinate and describe how interference to co-channel users will be controlled. ( 5 ) Multiple address frequencies in the 956.25-956.45 MHz bands may be assigned for use by mobile master stations on a primary basis. Multiple address frequencies in the 941.0-941.5 MHz bands that are licensed on a site-by-site basis and the 952 MHz bands may be assigned for use by primary mobile master stations on a case-by-case basis if the 956.25-956.45 MHz frequencies are unavailable. Multiple address mobile (master and remote) operation is permitted on frequencies licensed by geographic area subject to the interference protection criteria set forth in § 101.1333 , i.e., adjacent channel site-based licensees and co-channel operations in adjacent EAs. Mobile operation in the 959.85-960 MHz band is not permitted. ( 6 ) Each application for new or modified nodal station on channels numbered 4A, 4B, 7, 9, and 19/20 in the 10.6 GHz band must demonstrate that all existing co-channel stations are at least 56 kilometers from the proposed nodal station site. Applicants for these channels must certify that all licensees and applicants for stations on the adjacent channels within 56 kilometers of the proposed nodal station have been notified of the proposed station and do not object. Alternatively, or if one of the affected adjacent channel interests does object, the applicant may show that all affected adjacent channel parties are provided a C/I protection ratio of 0 dB. An applicant proposing to operate at an AAT greater than 91 meters must reduce its EIRP in accordance with the following table; however, in no case may EIRP exceed 70 dBm on the 10.6 GHz channels: AAT (meters) EIRP dBm Above 300 + 38 251 to 300 41 201 to 250 43 151 to 200 49 101 to 150 55 100 and below 85 ( 7 ) Each application for new or modified nodal station on channels numbered 21, 22, 23, and 24 in the 10.6 GHz band must include an analysis of the potential for harmful interference to all other licensed and previously applied for co-channel and adjacent channel stations located within 80 kilometers of the location of the proposed station. The criteria contained in § 101.103(d)(2) must be used in this analysis. Applicants must certify that copies of this analysis have been served on all parties which might reasonably be expected to receive interference above the levels set out in § 101.103(d)(2) within 5 days of the date the subject application is filed with the Commission. ( 8 ) If the potential interference will exceed the prescribed limits, a statement shall be submitted with the application for new or modified stations to the effect that all parties have agreed to accept the higher level of interference. ( d ) Effective August 1, 1985, when a fixed station that conforms to the technical standards of this subpart (or, in the case of the 12,200-12,700 MHz band, for an incumbent non-MVDDS station or a direct broadcast satellite station) receives or will receive interference in excess of the levels specified in this section as a result of an existing licensee's use of non-conforming equipment authorized between July 20, 1961 and July 1, 1976, and the interference would not result if the interfering station's equipment complied with the current technical standards, the licensee of the non-conforming station must take whatever steps are necessary to correct the situation up to the point of installing equipment which fully conforms to the technical standards of this subpart. In such cases, if the engineering analysis demonstrates that: ( 1 ) The conforming station would receive interference from a non-conforming station in excess of the levels specified in this section; and ( 2 ) The interference would be eliminated if the non-conforming equipment were replaced with equipment which complies with the standards of this subpart, the licensee (or prospective licensee) of the station which would receive interference must provide written notice of the potential interference to both the non-conforming licensee and the Commission's office in Gettysburg, PA. The non-conforming licensee must make all required equipment changes within 180 days from the date of official Commission notice informing the licensee that it must upgrade its equipment, unless an alternative solution has been agreed to by all parties involved in the interference situation. If a non-conforming licensee fails to make all required changes within the specified period of time, the Commission may require the licensee to suspend operation until the changes are completed. ( e ) Interference dispute resolution procedures. Should a licensee licensed under this part receive harmful interference from another licensee licensed under this chapter, the parties involved shall comply with the dispute resolution procedures set forth herein: ( 1 ) The licensee experiencing the harmful interference shall notify the licensee believed to be causing the harmful interference and shall supply information describing its problem and supporting its claim; ( 2 ) Upon receipt of the harmful interference notice, the licensee alleged to be causing the harmful interference shall respond immediately and make every reasonable effort to identify and resolve the conflict; and ( 3 ) Licensees are encouraged to resolve the harmful interference prior to contacting the Commission. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68983 , Dec. 14, 1998; 65 FR 17449 , Apr. 3, 2000; 65 FR 38329 , June 20, 2000; 65 FR 59358 , Oct. 5, 2000; 66 FR 35110 , July 3, 2001; 67 FR 43038 , June 28, 2002; 69 FR 31746 , June 7, 2004; 70 FR 29996 , May 25, 2005] § 101.107 Frequency tolerance. ( a ) The carrier frequency of each transmitter authorized in these services must be maintained within the following percentage of the reference frequency except as otherwise provided in paragraph (b) of this section or in the applicable subpart of this part (unless otherwise specified in the instrument of station authorization the reference frequency will be deemed to be the assigned frequency): Frequency (MHz) Frequency tolerance (percent) 928 to 929 5 0.0005 932 to 932.5 0.00015 932.5 to 935 0.00025 941 to 941.5 0.00015 941.5 to 944 0.00025 952 to 960 5 0.0005 1,850 to 1,990 0.002 2,110 to 2,200 0.001 2,450 to 2,500 1 0.001 3,700 to 4,200 1 0.005 5,925 to 6,875 1 0.005 6,875 to 7,125 1 0.005 10,550 to 11,700 1 2 0.005 11,700 to 12,200 1 0.005 12,200 to 13,250 4 0.005 14,200 to 14,400 0.03 17,700 to 18,820 3 0.003 18,820 to 18,920 3 0.001 928 to 929 5 0.0005 18,920 to 19,700 3 0.003 19,700 to 27,500 4 7 0.001 29,100 to 29,250 0.001 31,000 to 31,300 6 0.001 31,300 to 40,000 4 0.03 71,000 to 76,000 8 81,000 to 86,000 8 92,000 to 95,000 8 1 Applicable only to common carrier LTTS stations. Tolerance for 2450-2500 MHz is 0.005%. Beginning Aug. 9, 1975, this tolerance will govern the marketing of LTTS equipment and the issuance of all such authorizations for new radio equipment. Until that date new equipment may be authorized with a frequency tolerance of .03% in the frequency range 2,200 to 10,500 MHz and .05% in the range 10,500 MHz to 12,200 MHz, and equipment so authorized may continue to be used for its life provided that it does not cause interference to the operation of any other licensee. Beginning March 1, 2005, new LTTS operators will not be licensed and existing LTTS licensees will not be renewed in the 11.7-12.2 GHz band. 2 See subpart G of this part for the stability requirements for transmitters used in the Digital Electronic Message Service. 3 Existing type accepted equipment with a frequency tolerance of ±0.03% may be marketed until December 1, 1988. Equipment installed and operated prior to December 1, 1988 may continue to operate after that date with a minimum frequency tolerance of ±0.03%. However, the replacement of equipment requires that the current tolerance be met. 4 Applicable to private operational fixed point-to-point microwave and stations providing MVDDS. 5 For private operational fixed point-to-point microwave systems, with a channel greater than or equal to 50 KHz bandwidth, ±0.0005%; for multiple address master stations, regardless of bandwidth, ±0.00015%; for multiple address remote stations with 12.5 KHz bandwidths, ±0.00015%; for multiple address remote stations with channels greater than 12.5 KHz bandwidth, ±0.0005%. 6 For stations authorized prior to March 11, 1997, transmitter tolerance shall not exceed 0.03%. 7 The frequency tolerance for stations authorized on or before April 1, 2005 is 0.03%. Existing licensees and pending applicants on that date may continue to operate after that date with a frequency tolerance of 0.03%, provided that it does not cause harmful interference to the operation of any other licensee. For analog systems, if the channel bandwidth is greater than 30 MHz up to 50 MHz, the frequency tolerance standard will be 0.03%; if the channel bandwidth is 30 MHz or less, then the frequency tolerance standard will be 0.003%. This analog standard is conditional provided that harmful interference is not caused to digital stations operating within the 0.001% tolerance standards. If harmful interference is caused to stations operating with the more stringent standard, the onus shall be on the operators with the less stringent parameters to develop an engineering solution to the problem. For exceptions, see § 101.147 and § 101.507 . 8 Equipment authorized to be operated in the 71,000-76,000 MHz, 81,000-86,000 MHz, 92,000-94,000 MHz and 94,100-95,000 MHz bands is exempt from the frequency tolerance requirement noted in the table of paragraph (a) of this section. ( b ) Heterodyne microwave radio systems may be authorized at a somewhat less restrictive frequency tolerance (up to .01 percent) to compensate for frequency shift caused by numerous repeaters between base band signal insertion. Where such relaxation is sought, applicant must provide all calculations and indicate the desired tolerance over each path. In such instances the radio transmitters and receivers used must individually be capable of complying with the tolerance specified in paragraph (a) of this section. Heterodyne operation is restricted to channel bandwidth of 10 MHz or greater. ( c ) As an additional requirement in any band where the Commission makes assignments according to a specified channel plan, provisions must be made to prevent the emission included within the occupied bandwidth from radiating outside the assigned channel at a level greater than that specified in § 101.111 . [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23167 , Apr. 29, 1997; 63 FR 6105 , Feb. 6, 1998; 63 FR 9448 , Feb. 25, 1998; 63 FR 14039 , Mar. 24, 1998; 63 FR 36611 , July 7, 1998; 66 FR 35110 , July 3, 2001; 67 FR 43038 , June 26, 2002; 68 FR 4956 , Jan. 31, 2003; 69 FR 3266 , Jan. 23, 2004; 69 FR 16832 , Mar. 31, 2004; 70 FR 4787 , Jan. 31, 2005; 76 FR 59572 , Sept. 27, 2011; 81 FR 79945 , Nov. 14, 2016] § 101.109 Bandwidth. ( a ) Each authorization issued pursuant to these rules will show, as the emission designator, a symbol representing the class of emission which must be prefixed by a number specifying the necessary bandwidth. This figure does not necessarily indicate the bandwidth actually occupied by the emission at any instant. In those cases where part 2 of this chapter does not provide a formula for the computation of the necessary bandwidth, the occupied bandwidth may be used in the emission designator. ( b ) Stations in this service will be authorized any type of emission, method of modulation, and transmission characteristic, consistent with efficient use of the spectrum and good engineering practice, except that Type B, damped-wave emission will not be authorized. ( c ) The maximum bandwidth which will be authorized per frequency assigned is set out in the table that follows. Regardless of the maximum authorized bandwidth specified for each frequency band, the Commission reserves the right to issue a license for less than the maximum bandwidth if it appears that a lesser bandwidth would be sufficient to support an applicant's intended communications. Frequency band (MHz) Maximum authorized bandwidth 928 to 929 25 kHz 1 5 6 932 to 932.5, 941 to 941.5 12.5 kHz 1 5 6 932.5 to 935, 941.5 to 944 200 kHz 1 952 to 960 200 KHz 1 5 6 1,850 to 1,990 10 MHz 1 2,110 to 2,130 3.5 MHz 2,130 to 2,150 800 or 1600 KHz 1 2,150 to 2,160 10 MHz 2,160 to 2,180 3.5 MHz 2,180 to 2,200 800 or 1600 KHz 1 2,450 to 2,483.5 625 KHz 2 2,483.5 to 2,500 800 KHz 3,700 to 4,200 20 MHz 5,925 to 6,425 1 60 6,425 to 6,525 25 MHz 6,525 to 6,875 30 MHz. 1 6,875 to 7,125 25 MHz 1 10,550 to 10,680 5 MHz 1 10,700 to 11,700 1 80 12,200 to 12,700 8 500 megahertz 12,700 to 13,150 50 MHz 13,200 to 13,250 25 MHz 17,700 to 18,140 220 MHz 1 18,140 to 18,142 2 MHz 18,142 to 18,580 6 MHz 18,580 to 18,820 20 MHz 1 18,820 to 18,920 10 MHz 18,920 to 19,160 20 MHz 1 19,160 to 19,260 10 MHz 19,260 to 19,700 220 MHz 1 21,200 to 23,600 50 MHz 1 4 24,250 to 25,250 40 MHz 7 29,100 to 29,250 150 MHz 31,000 to 31,075 75 MHz 31,075 to 31,225 150 MHz 31,225 to 31,300 75 MHz 71,000 to 76,000 5000 MHz 81,000 to 86,000 5000 MHz 92,000 to 95,000 ( 3 ) 1 The maximum bandwidth that will be authorized for each particular frequency in this band is detailed in the appropriate frequency table in § 101.147 . If contiguous channels are aggregated in the 928-928.85/952-952.85/956.25-956.45 MHz, the 928.85-929/959.85-960 MHz, or the 932-932.5/941-941.5 MHz bands, then the bandwidth may exceed that which is listed in the table. 2 1250 KHz, 1875 KHz, or 2500 KHz on a case-by-case basis. 3 To be specified in authorization. For the band 92 to 95 GHz, maximum bandwidth is licensed in one segment of 2 GHz from 92-94 GHz and one 0.9 GHz segment from 94.1 to 95 GHz, or the total of the loaded band if smaller than the assigned bandwidth. 4 For exceptions, see § 101.147(s) . 5 A 12.5 kHz bandwidth applies only to frequencies listed in § 101.147(b)(1) through (4) . 6 For frequencies listed in § 101.147(b)(1) through (4) , consideration will be given on a case-by-case basis to authorizing bandwidths up to 50 kHz. 7 For channel block assignments in the 24,250-25,250 MHz band, the authorized bandwidth is equivalent to an unpaired channel block assignment or to either half of a symmetrical paired channel block assignment. When adjacent channels are aggregated, equipment is permitted to operate over the full channel block aggregation without restriction. Note to footnote 7: Unwanted emissions shall be suppressed at the aggregate channel block edges based on the same roll-off rate as is specified for a single channel block in § 101.111(a)(1) or in § 101.111(a)(2)(ii) and (iii) as appropriate. 8 For incumbent private operational fixed point-to-point stations in this band (those not licensed as MVDDS), the maximum bandwidth shall be 20 MHz. [ 61 FR 26677 , May 28, 1996, as amended at 61 FR 44181 , Aug. 28, 1996; 62 FR 23167 , Apr. 29, 1997; 62 FR 24582 , May 6, 1997; 63 FR 6105 , Feb. 6, 1998; 65 FR 17449 , Apr. 3, 2000; 65 FR 38329 , June 20, 2000; 65 FR 59358 , Oct. 5, 2000; 67 FR 43038 , June 26, 2002; 68 FR 4956 , Jan. 31, 2003; 69 FR 3266 , Jan. 23, 2004; 70 FR 29997 , May 25, 2005; 75 FR 41771 , July 19, 2010; 76 FR 59572 , Sept. 27, 2011; 77 FR 54432 , Sept. 5, 2012; 81 FR 79945 , Nov. 14, 2016] § 101.111 Emission limitations. ( a ) The mean power of emissions must be attenuated below the mean output power of the transmitter in accordance with the following schedule: ( 1 ) When using transmissions other than those employing digital modulation techniques: ( i ) On any frequency removed from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth: At least 25 decibels; ( ii ) On any frequency removed from the assigned frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth: At least 35 decibels; ( iii ) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 Log 10 (mean output power in watts) decibels, or 80 decibels, whichever is the lesser attenuation. ( 2 ) When using transmissions employing digital modulation techniques (see § 101.141(b) ) in situations not covered in this section: ( i ) For operating frequencies below 15 GHz, in any 4 KHz band, the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 50 decibels: A = 35 + 0.8(P −50) + 10 Log10 B. (Attenuation greater than 80 decibels or to an absolute power of less than −13 dBm/1MHz is not required.) where: A = Attenuation (in decibels) below the mean output power level. P = Percent removed from the center frequency of the transmitter bandwidth. B = Authorized bandwidth in MHz. Note: MVDDS operations in the 12.2-12.7 GHz band shall use 24 megahertz for the value of B in the emission mask equation set forth in this section. The emission mask limitation shall only apply at the 12.2-12.7 GHz band edges and does not restrict MVDDS channelization bandwidth within the band. ( ii ) For operating frequencies above 15 GHz, in any 1 MHz band, the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 11 decibels: A = 11 + 0.4(P−50) + 10 Log 10 B. (Attenuation greater than 56 decibels or to an absolute power of less than −13 dBm/1MHz is not required.) ( iii ) In any 1 MHz band, the center frequency of which is removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 Log 10 (the mean output power in watts) decibels, or 80 decibels, whichever is the lesser attenuation. The authorized bandwidth includes the nominal radio frequency bandwidth of an individual transmitter/modulator in block-assigned bands. Equipment licensed prior to April 1, 2005 shall only be required to meet this standard in any 4 kHz band. ( iv ) The emission mask for LMDS and the 24 GHz Service shall use the equation in paragraph (a)(2)(ii) of this section and apply it only to the band edge of each block of spectrum, but not to subchannels established by licensees. The value of P in the equation is the percentage removed from the carrier frequency and assumes that the carrier frequency is the center of the actual bandwidth used. The emission mask can be satisfied by locating a carrier of the subchannel sufficiently far from the channel edges so that the emission levels of the mask are satisfied. The LMDS or 24 GHz emission mask shall use a value B (bandwidth) of 40 MHz, for all cases even in the case where a narrower subchannel is used (for instance the actual bandwidth is 10 MHz) and the mean output power used in the calculation is the sum of the output power of a fully populated channel. For block assigned channels, the out-of-band emission limits apply only outside the assigned band of operation and not within the band. ( v ) The emission mask for the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands used in the equation in paragraph (a)(2)(ii) of this section applies only to the edge of each channel, but not to sub-channels established by licensees. The value of P in the equation is for the percentage removed from the carrier frequency and assumes that the carrier frequency is the center of the actual bandwidth used. The value of B will always be 500 MHz. In the case where a narrower sub-channel is used within the assigned bandwidth, such sub-carrier will be located sufficiently far from the channel edges to satisfy the emission levels of the mask. The mean output power used in the calculation is the sum of the output power of a fully populated channel. ( vi ) ( A ) In order to protect Federal Earth Exploration-Satellite Service (passive), aeronautical and maritime endpoints in motion operating in the 70 and 80 GHz bands must comply with the following limits: ( 1 ) Ground-to-air transmissions shall not exceed an unwanted emission level of -38.5 dBW per 100 MHz in any portion of the 86-92 GHz passive band; ( 2 ) Air-to-air, ship-to-shore, and aerostat-to-shore transmissions shall not exceed an unwanted emission level of −29.7 dBW per 100 MHz in any portion of the 86-92 GHz passive band. ( B ) Any changes to system specifications, operations, or deployment scenarios for aeronautical or maritime end points in motion shall be pre-coordinated with NTIA and affected Federal agencies, and licensees of aeronautical or maritime end points in motion must cooperate fully with any updates to the required unwanted emission limits that may result from these modifications. ( 3 ) For Digital Termination System channels used in the Digital Electronic Message Service (DEMS) operating in the 10,550-10,680 MHz band: ( i ) In any 4 KHz band, the center frequency of which is removed from the edge of the DEMS channel by up to and including 1.125 times the DEMS subchannel bandwidth: As specified by the following equation may in no event be less than 50 + 10 log 10 N decibels: A = 50 + 0.0333(F − 0.5B) + 10 log 10 N decibels Where: A = Attenuation (in decibels) below means output power level contained within the DEMS channel for a given polarization. B = Bandwidth of DEMS channel (in KHz). F = Absolute value of the difference between the center frequency of the 4 KHz band measured and the center frequency of the DEMS channel (in KHz). N = Number of active subchannels of the given polarization within the DEMS channel. ( ii ) In any 4 KHz band within the authorized DEMS band the center frequency of which is removed from the center frequency of the DEMS channel by more than the sum of 50% of the DEMS channel bandwidth plus 1.125 times the subchannel bandwidth: As specified by the following equation but in no event less than 80 decibels: A = 80 + 10 log 10 N decibels ( iii ) In any 4 KHz band the center frequency of which is outside the authorized DEMS band: At least 43 + 10 log 10 (mean output power in watts) decibels. ( 4 ) For DEMS channels in the 17,700-19,700 MHz band: ( i ) In any 4 KHz band, the center frequency of which is removed from the frequency of the center of the DEMS channel by more than 50 percent of the DEMS channel bandwidth up to and including 50 percent plus 500 KHz: As specified by the following equation but in no event be less than 50 + 10 log 10 N decibels: A = 50 + 0.06(F −0.5B) + 10 log 10 N decibels Where: A = Attenuation (in decibels) below means output power level contained within the DEMS channel for a given polarization. B = Bandwidth of DEMS channel (in KHz). F = Absolute value of the difference between the center frequency of the 4 KHz band measured and the center frequency of the DEMS channel (in KHz). N = Number of active subchannels of the given polarization within the DEMS channel. ( ii ) In any 4 KHz band within the authorized DEMS band, the center frequency of which is removed from the center frequency of the DEMS channel by more than the sum of 50 percent of the channel bandwidth plus 500 KHz: As specified by the following equation but in no event less than 80 decibels: A = 80 + 10 log 10 N decibels ( iii ) In any 4 KHz band the center frequency of which is outside the authorized Digital Message Service band: At least 43 + 10 log 10 (mean output power in watts) decibels. ( 5 ) When using transmissions employing digital modulation techniques on the 900 MHz multiple address frequencies with a 12.5 KHz bandwidth, the power of any emission must be attenuated below the unmodulated carrier power of the transmitter (P) in accordance with the following schedule: ( i ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 2.5 KHz up to and including 6.25 KHz: At least 53 log 10 (fd/2.5) decibels; ( ii ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 6.25 KHz up to and including 9.5 KHz: At least 103 log 10 (fd/3.9) decibels; ( iii ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 9.5 KHz up to and including 15 KHz: At least 157 log 10 (fd/5.3) decibels; and ( iv ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency greater than 15 KHz: At least 50 plus 10 log 10 (P) or 70 decibels, whichever is the lesser attenuation. ( 6 ) When using transmissions employing digital modulation techniques on the 900 MHz multiple address frequencies with a bandwidth greater than 12.5 KHz, the power of any emission must be attenuated below the unmodulated carrier power of the transmitter (P) in accordance with the following schedule: ( i ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 5 KHz up to and including 10 KHz: At least 83 log 10 (fd/5) decibels; ( ii ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 10 KHz up to and including 250 percent of the authorized bandwidth: At least 116 log 10 (fd/6.1) decibels or 50 plus 10 log 10 (P) or 70 decibels, whichever is the lesser attenuation; and ( iii ) On any frequency removed from the center of the authorized bandwidth by more that 250 percent of the authorized bandwidth: At least 43 plus 10 log 10 (output power in watts) decibels or 80 decibels, whichever is the lesser attenuation. ( b ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in paragraph (a) of this section. ( c ) The emission of an unmodulated carrier is prohibited except for test purposes as required for proper station and system maintenance. ( d ) Interference to passive sensors. These limitations are necessary to minimize the probability of harmful interference to reception in the 10.6-10.68 GHz and 31-31.3 GHz bands onboard space stations in the Earth exploration-satellite service (passive). ( 1 ) 10.6-10.68 GHz. ( i ) Fixed stations are restricted to point-to-point operations, with each station supplying not more than −3 dBW of transmitter power to the antenna, producing not more than 40 dBW of EIRP, and radiating at an antenna main beam elevation angle of 20° or less. Licensees holding a valid authorization on August 6, 2015 to operate in this band may continue to operate as authorized, subject to proper license renewal. Licensees are urged to: ( A ) Limit the maximum transmitter power supplied to the antenna to −15 dBW; and ( B ) Employ automatic transmitter power control (ATPC). ( ii ) The maximum transmitter power supplied to the antenna of stations using ATPC may be increased by a value corresponding to the ATPC range, up to a maximum of −3 dBW. ( 2 ) 31-31.3 GHz. For fixed stations authorized after August 6, 2018, the unwanted emissions power in any 100 MHz of the 31.3-31.5 GHz band shall be limited to −38 dBW (−38 dBW/100 MHz), as measured at the input to the antenna. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 24582 , May 6, 1997; 65 FR 59358 , Oct. 5, 2000; 67 FR 43038 , June 26, 2002; 68 FR 4957 , Jan. 31, 2003; 69 FR 3266 , Jan. 23, 2004; 69 FR 31746 , June 7, 2004; 80 FR 38912 , July 7, 2015; 89 FR 33259 , Apr. 29, 2024] § 101.113 Transmitter power limitations. ( a ) On any authorized frequency, the average power delivered to an antenna in this service must be the minimum amount of power necessary to carry out the communications desired. Application of this principle includes, but is not to be limited to, requiring a licensee who replaces one or more of its antennas with larger antennas to reduce its antenna input power by an amount appropriate to compensate for the increased primary lobe gain of the replacement antenna(s). In no event shall the average equivalent isotropically radiated power (EIRP), as referenced to an isotropic radiator, exceed the values specified below. In cases of harmful interference, the Commission may, after notice and opportunity for hearing, order a change in the effective radiated power of this station. Further, the output power of a transmitter on any authorized frequency in this service may not exceed the following: Frequency band (MHz) Maximum allowable EIRP 1 2 Fixed 1 2 (dBW) Mobile (dBW) 928.0-929.0(2) + 17 932.0-932.5(2) + 17 932.5-935.0 + 40 941.0-941.5(2) + 30 + 14 941.5-944.0 + 40 952.0-960.0(2) + 40 + 14 1,850-1,990 + 45 2,110-2,150 + 45 2,150-2,180 3 + 45 2,180-2,200 + 45 2,450-2,500 + 45 2,500-2,686 2,686-2,690 + 45 3,700-4,200 + 55 5,925-6,425 + 55 6,425-6,525 + 35 6,525-6,875 + 55 6,875-7,125 + 55 10,550 to 10,600 5 + 55 10,600 to 10,680 5 + 40 10,700-11,700 + 55 12,200-12,700 11 + 50 12,700-13,200 4 + 50 13,200-13,250 4 + 55 14,200-14,400 12 + 45 17,700-18,600 + 55 18,600-18,800 6 + 35 18,800-19,700 5 + 55 21,200-23,600 10 + 55 24,250-25,250 5 + 55 29,100-29,250 ( 7 ) 31,000 to 31,075 8 9 30 dBW/MHz 30 dBW/MHz 31,075 to 31,225 8 9 30 dBW/MHz 30 dBW/MHz 31,225 to 31,300 8 9 30 dBW/MHz 30 dBW/MHz 71,000-76,000 13 14 +55 +55 81,000-86,000 13 14 +55 +55 92,000-95,000 + 55 + 55 1 Per polarization. 2 For multiple address operations, see § 101.147 . Remote alarm units that are part of a multiple address central station projection system are authorized a maximum of 2 watts. 3 When an omnidirectional antenna is authorized in the 2150-2160 MHz band, the maximum power shall be 60 dBm. 4 Also see § 101.145 . 5 The output power of a DEMS System nodal transmitter shall not exceed 0.5 watt per 250 kHz. The output power of a DEMS System user transmitter shall not exceed 0.04 watt per 250 kHz. The transmitter power in terms of the watts specified is the peak envelope power of the emission measured at the associated antenna input port. The operating power shall not exceed the authorized power by more than 10 percent of the authorized power in watts at any time. Frequencies from 10,600-10,680 MHz are subject to footnote US265 in the Table of Frequency Allocations in § 2.106 of the Commission's Rules. Stations authorized prior to April 1, 2003 to exceed the 40 dBW limit may continue to operate at their authorized output power level indefinitely, provided that neither end point of the relevant link is relocated. 6 Maximum power delivered to the antenna shall not exceed −3 dBw. 7 See § 101.113(c) . 8 For stations authorized prior to March 11, 1997, and for non-Local Multipoint Distribution Service stations authorized pursuant to applications refiled no later than June 26, 1998, the transmitter output power shall not exceed 0.050 watt. 9 For subscriber transceivers authorized in these bands, the EIRP shall not exceed 55 dBw or 42 dBw/MHz. 10 See § 101.147(s) . 11 The EIRP for MVDDS stations is limited to 14.0 dBm per 24 MHz (−16.0 dBW per 24 MHz). Incumbent point-to-point stations may use up to + 50 dBW except for low power systems which were licensed under § 101.147(q) . 12 Beginning March 1, 2005, no new LTTS operators will be licensed and no existing LTTS licensees will be renewed in the 14.2-14.4 GHz band. 13 The maximum transmitter power is limited to 3 watts (5 dBW) unless a proportional reduction in maximum authorized EIRP is required under § 101.115 . The maximum transmitter power spectral density is limited to 150 mW per 100 MHz. ( b ) The power of transmitters that use Automatic Transmitter Power Control shall not exceed the power input or output specified in the instrument of station authorization. The power of non-ATPC transmitters shall be maintained as near as practicable to the power input or output specified in the instrument of station authorization. ( c ) ( 1 ) Transmitter power limitations. Point-to-point stations in the 29.1-29.25 GHz band for the LMDS backbone between LMDS hubs shall be limited to a maximum allowable e.i.r.p. density per carrier of 23 dBW/MHz in any one megahertz in clear air, and may exceed this limit by employment of adaptive power control in cases where link propagation attenuation exceeds the clear air value due to precipitation and only to the extent that the link is impaired. ( 2 ) Hub transmitter EIRP spectral area, density limit. LMDS applicants shall demonstrate that, under clear air operating conditions, the maximum aggregate of LMDS transmitting hub stations in a Basic Trading Area in the 29.1-29.25 GHz band will not transmit a co-frequency hub-to-subscriber e.i.r.p. spectral area density in any azimuthal direction in excess of X dBW/(MHz-km 2 ) when averaged over any 4.375 MHz band, where X is defined in Table 1. Individual hub stations may exceed their clear air e.i.r.p.s by employment of adaptive power control in cases where link propagation attenuation exceeds the clear air value and only to the extent that the link is impaired. ( i ) The e.i.r.p. aggregate spectral area density is calculated as follows: where: N = number of co-frequency hubs in BTA. A = Area of BTA in km 2 . pi = spectral power density into antenna of i-th hub (in W/MHz). gi = gain of i-th hub antenna at zero degree elevation angle. Each pi and gi are in the same 1 MHz within the designated frequency band. ( ii ) The climate zones in Table 1 are defined for different geographic locations within the US as shown in Appendix 28 of the ITU Radio Regulations. Table 1 1 Climate zone e.i.r.p. Spectral Density (Clear Air) (dBW/MHz-km 2 ) 2 1 −23 2 −25 3,4,5 −26 1 LMDS system licensees in two or more BTAs may individually or collectively deviate from the spectral area density computed above by averaging the power over any 200 km by 400 km area, provided that the aggregate interference to the satellite receiver is no greater than if the spectral area density were as specified in Table 1. A showing to the Commission comparing both methods of computation is required and copies shall be served on any affected non-GSO 20/30 GHz MSS providers. 2 See § 21.1007(c)(i) for the population density of the BTA. ( 3 ) Hub transmitter e.i.r.p. spectral area density limit at elevation angles above the horizon. LMDS applicants shall demonstrate that, under clear air operating conditions, the maximum aggregate of LMDS transmitting hub stations in a Basic Trading Area in the 29.1-29.25 GHz band will not transmit a co-frequency hub-to-subscriber e.i.r.p. spectral area density in any azimuthal direction in excess of X dBW/(MHz-km 2 ) when averaged over any 4.375 MHz band where X is defined in Table 2. Individual hub stations may exceed their clear air e.i.r.p.s by employment of adaptive power control in cases where link propagation attenuation exceeds the clear air value and only to the extent that the link is impaired. ( i ) The e.i.r.p. aggregate spectral area density is calculated as follows: where: N = number of co-frequency hubs in BTA. A = Area of BTA in km 2 . e.i.r.p. (ai) = equivalent isotropic radiated spectral power density of the i-th hub (in W/MHz) at elevation angle a where a is the angle in degrees of elevation above horizon. e.i.r.p.(0°) is the hub e.i.r.p. area density at the horizon used in Section 101.113c(2) . The nominal antenna pattern will be used for elevation angles between 0° and 8°, and average levels will be used for angles beyond 8°, where average levels will be calculated by sampling the antenna patterns in each 1° interval between 8° and 9015, dividing by 83. Table 2 Elevation angle (a) Relative e.i.r.p. density (dBW/MHz-km 2 ) 0° ≤a ≤4.0° e.i.r.p.(a) = e.i.r.p.(0°) + 20 log (sinΠ x)(1/Π x) where x = (a + 1)/7.5°. 4.0° <a ≤7.7° e.i.r.p.(a) = e.i.r.p.(0°) - 3.85a + 7.7. a >7.7° e.i.r.p.(a) = e.i.r.p.(0°) - 22. ( ii ) LMDS system licensees in two or more BTAs may individually or collectively deviate from the spectral area density computed above by averaging the power over any 200 km by 400 km area, provided that the aggregate interference to the satellite receiver is no greater than if the spectral area density were as specified in Table 1. A showing to the Commission comparing both methods of computation is required and copies shall be served on any affected non-GSO MSS providers. ( 4 ) Power reduction techniques. LMDS hub transmitters shall employ methods to reduce average power levels received by non-geostationary mobile satellite receivers, to the extent necessary to comply with paragraphs (c)(1) and (c)(2) of this section, by employing the methods set forth below: ( i ) Alternate polarizations. LMDS hub transmitters in the LMDS service area may employ both vertical and horizontal linear polarizations such that 50 percent (plus or minus 10 percent) of the hub transmitters shall employ vertical polarization and 50 percent (plus or minus 10 percent) shall employ horizontal polarization. ( ii ) Frequency interleaving. LMDS hub transmitters in the LMDS service area may employ frequency interleaving such that 50 percent (plus or minus 10 percent) of the hub transmitters shall employ channel center frequencies which are different by one-half the channel bandwidth of the other 50 percent (plus or minus 10 percent) of the hub transmitters. ( iii ) Alternative methods. As alternatives to paragraphs (c)(4)(i) and (c)(4)(ii) of this section, LMDS operators may employ such other methods as may be shown to achieve equivalent reductions in average power density received by non-GSO MSS satellite receivers. [ 61 FR 26677 , May 28, 1996] Editorial Note Editorial Note: For Federal Register citations affecting § 101.113 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 101.115 Directional antennas. Cross Reference Link to an amendment published at 89 FR 33259 , Apr. 29, 2024. ( a ) Unless otherwise authorized upon specific request by the applicant, each station authorized under the rules of this part must employ a directional antenna adjusted with the center of the major lobe of radiation in the horizontal plane directed toward the receiving station with which it communicates: provided, however, where a station communicates with more than one point, a multi- or omni-directional antenna may be authorized if necessary. New Periscope antenna systems will not, under ordinary circumstances, be authorized. ( b ) Fixed stations (other than temporary fixed stations and DEMS nodal stations) operating at 932.5 MHz or higher must employ transmitting and receiving antennas (excluding second receiving antennas for operations such as space diversity) meeting the appropriate performance Standard A indicated below, except that in areas not subject to frequency congestion, antennas meeting performance Standard B may be used, subject to the requirements set forth in paragraph (d) of this section. For frequencies with a Standard B1 and a Standard B2, in order to comply with Standard B an antenna must fully meet either Standard B1 or Standard B2. Licensees shall comply with the antenna standards table shown in this paragraph in the following manner: ( 1 ) With either the maximum beamwidth to 3 dB points requirement or with the minimum antenna gain requirement; and ( 2 ) With the minimum radiation suppression to angle requirement. Antenna Standards Frequency (MHz) Category Maximum beamwidth to 3 dB points 1 (included angle in degrees) Minimum antenna gain (dbi) Minimum radiation suppression to angle in degrees from centerline of main beam in decibels 5° to10° 10° to 15° 15° to 20° 20° to 30° 30° to 100° 100° to 140° 140° to 180° 932.5 to 935 A 14.0 n/a n/a 6 11 14 17 20 24 B 20.0 n/a n/a n/a 6 10 13 15 20 941.5 to 944 A 14.0 n/a n/a 6 11 14 17 20 24 B 20.0 n/a n/a n/a 6 10 13 15 20 952 to 960 2 3 A 14.0 n/a n/a 6 11 14 17 20 24 B 20.0 n/a n/a n/a 6 10 13 15 20 1,850 to 2,500 4 A 5.0 n/a 12 18 22 25 29 33 39 B 8.0 n/a 5 18 20 20 25 28 36 3,700 to 4,200 A 2.7 36 23 29 33 36 42 55 55 B 2.7 36 20 24 28 32 32 32 32 B 2.2 38 21 25 29 32 35 39 45 5,925 to 6,425 5 A 2.2 38 25 29 33 36 42 55 55 B1 2.2 38 21 25 29 32 35 39 45 B2 4.1 32 15 20 23 28 29 60 60 6,525 to 6,875 5 A 2.2 38 25 29 33 36 42 55 55 B1 2.2 38 21 25 29 32 35 39 45 B2 4.1 32 15 20 23 28 29 60 60 6,875 to 7,125 A 2.2 38 25 29 33 36 42 55 55 B1 2.2 38 21 25 29 32 35 39 45 B2 4.1 32 15 20 23 28 29 60 60 10,550 to 10,680 7 A 3.5 33.5 18 24 28 32 35 55 55 B 3.5 33.5 17 24 28 32 35 40 45 10,565 to 10,615 n/a 360 n/a n/a n/a n/a n/a n/a n/a n/a 10,630 to 10,680 8 n/a 3.5 34 20 24 28 32 35 36 36 10,700-11,700 5 A 2.2 38 25 29 33 36 42 55 55 B 3.5 33.5 17 24 28 32 35 40 45 12,200 to 13,250 9 A 1.0 n/a 23 28 35 39 41 42 50 B 2.0 n/a 20 25 28 30 32 37 47 17,700 to 18,820 A 2.2 38 25 29 33 36 42 55 55 B1 2.2 38 20 24 28 32 35 36 36 B2 3.3 33.5 18 22 29 31 35 55 55 18,920 to 19,700 10 A 2.2 38 25 29 33 36 42 55 55 B1 2.2 38 20 24 28 32 35 36 36 B2 3.3 33.5 18 22 29 31 35 55 55 21,200 to 23,600 7 11 A 3.3 33.5 18 26 26 33 33 55 55 B1 3.3 33.5 17 24 24 29 29 40 50 B2 4.5 30.5 14 19 22 24 29 52 52 24,250 to 25,250 10 A 2.8 38 25 29 33 36 42 55 60 B 2.8 38 20 24 28 32 35 36 45 31,000 to 31,300 12 13 n/a 4.0 38 n/a n/a n/a n/a n/a n/a n/a B n/a 38 20 24 28 32 35 36 36 71,000 to 76,000 (co-polar) 14 N/A 2.2 38 22 28 32 35 37 55 55 71,000 to 76,000 (cross-polar) 14 N/A 2.2 38 35 35 40 42 47 55 55 81,000 to 86,000 (co-polar) 14 N/A 2.2 38 22 28 32 35 37 55 55 81,000 to 86,000 (cross-polar) 14 N/A 2.2 38 35 35 40 42 47 55 55 92,000 to 95,000 N/A 0.6 50.0 36 40 45 50 55 55 55 1 If 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 planes. 2 Except for Multiple Address System frequencies listed in §§ 101.147(b)(1) through (b)(4) , where omnidirectional antennas may be used. 3 Antennas used at outlying stations as part of a central protection alarm system need conform to only the following 2 standards: (i) The minimum on-beam forward gain must be at least 10 dBi, and (ii) The minimum front-to-back ratio must be at least 20 dB. 4 Omnidirectional antennas may be authorized in the band 2150-2160 MHz. 5 These antenna standards apply to all point-to-point stations authorized after June 1, 1997. Existing licensees and pending applicants on that date are grandfathered and need not comply with these standards. 6 These antenna standards apply to all point-to-point stations authorized on or before June 1, 1997. 7 For stations authorized or pending on April 1, 2003, the minimum radiation suppression for Category B is 35dB in the 10,550-10,680 MHz band and 36 dB in the 21,200-23,600 MHz band for discrimination angles from 100° to 180°. 8 These antenna standards apply only to DEMS User Stations licensed, in operation, or applied for prior to July 15, 1993. 9 Except for Temporary-fixed operations in the band 13200-13250 MHz with output powers less than 250 mW and as provided in § 101.147(q) , and except for antennas in the MVDDS service in the band 12.2-12.7 GHz. 10 DEMS User Station antennas in this band must meet performance Standard B and have a minimum antenna gain of 34 dBi. The maximum beamwidth requirement does not apply to DEMS User Stations. DEMS Nodal Stations need not comply with these standards. Stations authorized to operate in the 24,250-25,250 MHz band do not have to meet these standards, however, the Commission may require the use of higher performance antennas where interference problems can be resolved by the use of such antennas. 11 Except as provided in § 101.147(s) . 12 The minimum front-to-back ratio shall be 38 dBi. 13 Mobile, except aeronautical mobile, stations need not comply with these standards. 14 Antenna gain less than 50 dBi (but greater than or equal to 38 dBi) is permitted only with a proportional reduction in maximum authorized EIRP in a ratio of 2 dB of power per 1 dB of gain, so that the maximum allowable EIRP (in dBW) for antennas of less than 50 dBi gain becomes +55-2(50-G), where G is the antenna gain in dBi. In addition, antennas in these bands must meet the following additional standard for minimum radiation suppression: At angles of less than 5 degrees from the centerline of main beam, cross-polar discrimination must be at least 21 dB. ( c ) The Commission shall require the replacement of any antenna or periscope antenna system of a permanent fixed station operating at 932.5 MHz or higher that does not meet performance Standard A specified in paragraph (c) of this section, at the expense of the licensee operating such antenna, upon a showing that said antenna causes or is likely to cause interference to (or receive interference from) any other authorized or applied for station whereas a higher performance antenna is not likely to involve such interference. Antenna performance is expected to meet the standards of paragraph (c) of this section for parallel polarization. For cases of potential interference, an antenna will not be considered to meet Standard A unless the parallel polarization performance for the discrimination angle involved meets the requirements, even if the cross-polarization performance controls the interference. ( d ) In cases where passive reflectors are employed in conjunction with transmitting antenna systems, the foregoing paragraphs of this section also will be applicable. However, in such instances, the center of the major lobe of radiation from the antenna normally must be directed at the passive reflector, and the center of the major lobe of radiation from the passive reflector directed toward the receiving station with which it communicates. ( e ) Periscope antennas used at an electric power facility plant area will be excluded from the requirements of paragraph (c) of this section on a case-by-case basis where technical considerations or safety preclude the use of other types of antenna systems. ( f ) In the 10,700-11,700 MHz band, a fixed station may employ transmitting and receiving antennas meeting performance standard B in any area. If a Fixed Service or Fixed Satellite Service licensee or applicant makes a showing that it is likely to receive interference from such fixed station and that such interference would not exist if the fixed station used an antenna meeting performance standard A, the fixed station licensee must modify its use. Specifically, the fixed station licensee must either substitute an antenna meeting performance standard A or operate its system with an EIRP reduced so as not to radiate, in the direction of the other licensee, an EIRP in excess of that which would be radiated by a station using a Category A antenna and operating with the maximum EIRP allowed by the rules. A licensee or prior applicant using an antenna that does not meet performance Standard A may object to a prior coordination notice based on interference only if such interference would be predicted to exist if the licensee or prior applicant used an antenna meeting performance standard A. ( g ) In the event harmful interference is caused to the operation of other stations, the Commission may, after notice and opportunity for hearing, order changes to be made in the height, orientation, gain and radiation pattern of the antenna system. [ 61 FR 26677 , May 28, 1996] Editorial Note Editorial Note: For Federal Register citations affecting § 101.115 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov . § 101.117 Antenna polarization. Except as set forth herein, stations operating in the radio services included in this part are not limited as to the type of polarization of the radiated signal that may be employed. However, in the event interference in excess of permissible levels is caused to the operation of other stations as a result of employing other than linear polarization, the Commission may order a licensee to change its system polarization to mitigate the interference. No change in polarization may be made without prior authorization from the Commission. Unless otherwise allowed, only linear polarization (horizontal and vertical) shall be used. For LMDS systems, unless otherwise authorized, system operators are permitted to use any polarization within its service area, but only vertical and/or horizontal polarization for antennas located within 20 kilometers of the outermost edge of their service area. [ 68 FR 4957 , Jan. 31, 2003] § 101.119 Simultaneous use of common antenna structures. The simultaneous use of common antenna structures by more than one radio station, or by one of more domestic public radio stations and one or more stations of any other class or service, may be authorized: provided, however, that each licensee or user of any such structure is responsible for maintaining the structure, and for painting and illuminating the structure when obstruction marking is required by the Commission. (See § 101.21(a) .) § 101.125 Temporary fixed antenna height restrictions. The overall antenna structure heights employed by mobile stations in the Local Television Transmission Service and by stations authorized to operate at temporary fixed locations may not exceed the height criteria set forth in § 17.7 of this chapter , unless in each instance, authorization for use of a specific maximum antenna height (above ground and above mean sea level) for each location has been obtained from the Commission prior to erection of the antenna. Requests for such authorization must show the inclusive dates of the proposed operation. (Complete information as to rules concerning the construction, marking and lighting of antenna structures is contained in part 17 of this chapter .) § 101.129 Transmitter location. ( a ) The applicant must determine, prior to filing an application for a radio station authorization, that the antenna site specified therein is adequate to render the service proposed. In cases of questionable antenna locations, it is desirable to conduct propagation tests to indicate the field intensity which may be expected in the principal areas or at the fixed points of communication to be served, particularly where severe shadow problems may be expected. In considering applications proposing the use of such locations, the Commission may require site survey tests to be made pursuant to an experimental license under part 5 of this chapter . In such cases, propagation tests should be conducted in accordance with recognized engineering methods and should be made with a transmitting antenna simulating, as near as possible, the proposed antenna installation. Full data obtained from such surveys and its analysis, including a description of the methods used and the name, address and qualifications of the engineer making the survey, must be supplied to the Commission. ( b ) In the 12.2-12.7 GHz band, licensees must not locate MVDDS transmitting antennas within 10 km of any qualifying NGSO FSS receiver unless mutual agreement is obtained between the MVDDS and NGSO FSS licensees. Such agreements must be retained by the licensees and made available for inspection by interested parties upon request. ( 1 ) A qualifying NGSO FSS receiver, for the purposes of this section, is deemed to be one that is in regular use by an NGSO FSS subscriber for normal reception purposes in the 12.2-12.7 GHz band and not one for monitoring or testing purposes. In addition, qualifying receivers must either be in operation on the date or already be under construction and then operating within thirty days of the date that the MVDDS licensee notifies the NGSO FSS licensee of its intent to construct a new MVDDS transmitting antenna at a specified location. ( 2 ) Except as provided in paragraph (b)(3) of this section, the 10 kilometer spacing requirement for each MVDDS transmitting antenna site shall not apply with respect to NGSO FSS receivers that might be installed or become operational (except for those under construction and operating within thirty days as specified in paragraph (b)(1) of this section) subsequent to the original date that the MVDDS licensee provided notice of its intention to construct a given transmission facility. ( 3 ) In the event that a proposed MVDDS transmitting antenna for which notice has been duly given to the NGSO FSS licensees has not been placed in normal operation within one calendar year of the date of notice, then the MVDDS licensee loses the benefit of the original notice. Upon such anniversary, the MVDDS licensee must re-determine compliance with the minimum 10 kilometer spacing requirement based upon locations of qualifying NGSO FSS receivers on that anniversary date. A new determination of compliance with the spacing requirement shall be made for each succeeding anniversary of non-operation for each proposed MVDDS transmission site or additional antenna. This provision contemplates that failure to commence normal operation at a given MVDDS transmitting antenna site within one year of the date of NGSO FSS notification may require successive relocations of the proposed transmitter site in order to meet the minimum spacing distance as determined on each anniversary of non-operation. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68983 , Dec. 14, 1998; 67 FR 43038 , June 26, 2002; 78 FR 25176 , Apr. 29, 2013] § 101.131 Transmitter construction and installation. ( a ) The equipment at the operating and transmitting positions must be so installed and protected that it is not accessible to, or capable of being operated by, persons other than those duly authorized by the licensee. ( b ) In any case where the maximum modulating frequency of a transmitter is prescribed by the Commission, the transmitter must be equipped with a low-pass or band-pass modulation filter of suitable performance characteristics. In those cases where a modulation limiter is employed, the modulation filter must be installed between the transmitter stage in which limiting is effected and the modulated stage of the transmitter. ( c ) Each transmitter employed in these services must be equipped with an appropriately labeled pilot lamp or meter which will provide continuous visual indication at the transmitter when its control circuits have been placed in a condition to activate the transmitter. In addition, facilities must be provided at each transmitter to permit the transmitter to be turned on and off independently of any remote control circuits associated therewith. ( d ) At each transmitter control point the following facilities must be installed: ( 1 ) A carrier operated device which will provide continuous visual indication when the transmitter is radiating, or, in lieu thereof, a pilot lamp or meter which will provide continuous visual indication when the transmitter control circuits have been placed in a condition to activate the transmitter; and ( 2 ) Facilities which will permit the operator to turn transmitter carrier on and off at will. ( e ) Transmitter control circuits from any control point must be so installed that grounding or shorting any line in the control circuit will not cause the transmitter to radiate: provided, however, That this provision will not be applicable to control circuits of stations which normally operate with continuous radiation or to control circuits which are under the effective operational control of responsible operating personnel 24 hours per day. § 101.133 Limitations on use of transmitters. ( a ) Transmitters licensed for operation in Common Carrier services may be concurrently licensed or used for non-common carrier communication purposes. Mobile units may be concurrently licensed or used for non-common carrier communication purposes provided that the transmitter is certificated for use in each service. ( b ) Private operational fixed point-to-point microwave stations authorized in this service may communicate with associated operational-fixed stations and fixed receivers and with units of associated stations in the mobile service licensed under Private Radio Service rule parts. In addition, intercommunication is permitted with other licensed stations and with U.S. Government stations in those cases which require cooperation or coordination of activities or when cooperative use arrangements in accordance with § 101.135 are contemplated; provided, however, that where communication is desired with stations authorized to operate under the authority of a foreign jurisdiction, prior approval of this Commission must be obtained; And provided further, That the authority under which such other stations operate does not prohibit the intercommunication. ( c ) Two or more persons or governmental entities eligible for private operational fixed point-to-point microwave licenses may use the same transmitting equipment under the following terms and conditions: ( 1 ) Each licensee complies with the general operating requirements set out in this part; ( 2 ) Each licensee is eligible for the frequency(ies) on which the facility operates; and ( 3 ) Each licensee must have the ability to access the transmitter(s) that it is authorized to operate under the multiple licensing arrangement. ( d ) LMDS subscriber transmissions. LMDS licensees shall not operate transmitters from subscriber locations in the 29.1-29.25 GHz band. ( e ) Existing private operational fixed wireless licensees applying to become common carrier wireless licensees shall comply with all provisions of the Communications Act and the Commission's rules. Applicants must take all required filings, including FCC Form 601, and receive all necessary Commission approval prior to operating as a common carrier wireless licensee. The regulatory fee associated with FCC wireless application Form 601 is waived for applicants who are existing private operational fixed licensees seeking common carrier status, provided that such licensees have also complied with all other discontinuance requirements of Title II of the Act. Applicants are responsible for all other Commission regulatory fees. [ 61 FR 26677 , May 28, 1996, as amended at 61 FR 44183 , Aug. 28, 1996; 63 FR 36611 , July 7, 1998; 68 FR 4957 , Jan. 31, 2003] § 101.135 Shared use of radio stations and the offering of private carrier service. Licensees of Private Operational Fixed Point-to-Point Microwave radio stations may share the use of their facilities on a non-profit basis or may offer service on a for-profit private carrier basis, subject to the following conditions and limitations: ( a ) Persons or governmental entities licensed to operate radio systems pursuant to subpart H of this part on any of the private radio frequencies set out in § 101.101 may share such systems with, or provide private carrier service to, any eligible entity for licensing under this part, regardless of individual eligibility restrictions, provided that the communications being carried are permissible under § 101.603 . ( b ) The licensee must maintain access to and control over all facilities authorized under its license; ( c ) All sharing and private carrier arrangements must be conducted pursuant to a written agreement to be kept as part of the station records; and ( d ) The licensee must keep an up-to-date list of system sharers and private carrier subscribers and the basis of their eligibility under this part. Such records must be kept current and must be made available upon request for inspection by the Commission. ( e ) Applicants licensed in the MAS frequencies after June 2, 2000, shall not provide service to others on a for-profit private carrier basis in the 928-928.85/952-952.85/956.25-956.45 MHz bands and the 932.25-932.5/941.25-941.5 MHz bands. [ 61 FR 26677 , May 28, 1996, as amended at 65 FR 17449 , Apr. 3, 2000; 65 FR 38330 , June 20, 2000; 66 FR 35110 , July 3, 2001; 68 FR 4958 , Jan. 31, 2003] § 101.137 Interconnection of private operational fixed point-to-point microwave stations. Private operational fixed point-to-point microwave stations may be interconnected with facilities of common carriers subject to applicable tariffs. § 101.139 Authorization of transmitters. ( a ) Unless specified otherwise, transmitters used in the private operational fixed and common carrier fixed point-to-point microwave and point-to-multipoint services under this part must be a type that has been approved for compliance under Supplier's Declaration of Conformity. Note 1 to paragraph ( a ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( b ) Any transmitter to be produced for use under the rules of this part may be approved under the equipment authorization procedures set forth in part 2 of this chapter . ( c ) Certification for an individual transmitter may also be requested by an applicant for a station authorization, pursuant to the procedures set forth in part 2 of this chapter . ( d ) A transmitter presently shown on an instrument of authorization, which operates on an assigned frequency in the 890-940 MHz band and has not received a grant of certification, may continue to be used by the licensee without certification provided such transmitter continues otherwise to comply with the applicable requirements of this chapter. ( e ) Certification or Supplier's Declaration of Conformity is not required for portable transmitters operating with peak output power not greater than 250 mW. If operation of such equipment causes harmful interference the FCC may, at its discretion, require the licensee to take such corrective action as is necessary to eliminate the interference. ( f ) After July 15, 1996, the manufacturer (except for export) or importation of equipment employing digital modulation techniques in the 3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz bands must meet the minimum payload capacity requirements of § 101.141 . ( g ) After April 1, 2005, the manufacture (except for export) or importation of equipment for operation in the 21,200-23,600 MHz band must meet: ( 1 ) The 0.001% frequency tolerance requirement for digital systems in § 101.107(a) or the 0.03-0.003% frequency tolerance for analog systems; and ( 2 ) For equipment employing digital modulation techniques, the minimum bit rate requirements of § 101.141(a) . ( h ) 71,000-76,000 MHz; 81,000-86,000 MHz. For equipment employing digital modulation techniques, the minimum bit rate requirement is 0.125 bit per second per Hz. ( i ) 92,000-94,000 MHz; 94,100-95,000 MHz. For equipment employing digital modulation techniques, the minimum bit rate requirement is 1.0 bit per second per Hz. [ 63 FR 36611 , July 7, 1998, as amended at 65 FR 59358 , Oct. 5, 2000; 67 FR 43038 , June 26, 2002; 68 FR 4958 , Jan. 31, 2003; 70 FR 29998 , May 25, 2005; 82 FR 50838 , Nov. 2, 2017] § 101.141 Microwave modulation. ( a ) Microwave transmitters employing digital modulation techniques and operating below 25.25 GHz (except for MVDDS stations in the 12,200-12,700 MHz band) must, with appropriate multiplex equipment, comply with the following additional requirements: ( 1 ) The bit rate, in bits per second, must be equal to or greater than the bandwidth specified by the emission designator in Hertz (e.g., to be acceptable, equipment transmitting at a 20 Mb/s rate must not require a bandwidth of greater than 20 MHz), except the bandwidth used to calculate the minimum rate may not include any authorized guard band. ( i ) Stations authorized prior to December 1, 1988 may install equipment after that date with no minimum bit rate. Equipment applied for or authorized prior to April 1, 2005 in the 21.2-23.6 GHz band may be installed with no minimum bit rate. ( ii ) However, any digital equipment applied for after April 1, 2005 and equipment replacing existing equipment in the 21.2-23.6 GHz band must meet the bit rate standard. ( 2 ) Equipment to be used for voice transmission placed in service, authorized, or applied for on or before June 1, 1997 in the 2110 to 2130 and 2160 to 2180 MHz bands must be capable of satisfactory operation within the authorized bandwidth to encode at least 96 voice channels. Equipment placed in service, authorized, or applied for on or before June 1, 1997 in the 3700-4200, 5925-6425 (30 MHz bandwidth), and 10,700-11,700 MHz (30 and 40 MHz bandwidths) bands must be capable of satisfactory operation within the authorized bandwidth to encode at least 1152 voice channels. These required loading levels may be reduced by a factor of 1/N provided that N transmitters may be operated satisfactorily, over the same radio path, within an authorized bandwidth less than, or equal to, the maximum authorizable bandwidth (e.g., the 1152 channel requirement may be reduced to 576 if two transmitters can be satisfactorily operated over the same path within the maximum bandwidth). Where certificated equipment is designed to operate on the same frequency in a cross polarized configuration to meet the above capacity requirements, the Commission will require, at the time additional transmitters are authorized, that both polarizations of a frequency be used before a new frequency assignment is made, unless a single transmitter installation was found to be justified by the Commission at the time it authorized the first transmitter. ( 3 ) ( i ) Except as noted in paragraph (a)(7) of this section, the payload capacity of equipment shall meet the following minimum efficiency standards: Frequency Emission bandwidth ≤5 MHz Emission bandwidth >5 MHz and ≤20 MHz Emission bandwidth >20 MHz 3,700-10,550 MHz 2.4 bits/second/Hertz 4.4 bits/second/Hertz 4.4 bits/second/Hertz. 10,550-13,250 MHz 2.4 bits/second/Hertz 4.4 bits/second/Hertz 3.0 bits/second/Hertz. ( ii ) Traffic loading payload shall exceed 50 percent of payload capacity within 30 months of licensing. During anomalous signal fading, licensees subject to the capacity and loading requirements may adjust to a modulation specified in their authorization if such modulation is necessary to allow licensees to maintain communications, even if the modulation will not comply with the capacity and loading requirements specified in this paragraph. Links that must comply with the capacity and loading requirements that use equipment capable of adjusting modulation must be designed using generally accepted multipath fading and rain fading models to meet the specified capacity and loading requirements at least 99.95% of the time, in the aggregate of both directions in a two-way link. ( 4 ) If a transmitter is authorized to operate in a bandwidth that is not listed in paragraph (a)(3) of this section, it must meet the minimum payload capacity and traffic loading requirements of the next largest channel bandwidth listed in the table; e.g., if the authorized bandwidth is 3.5 MHz, the minimum payload capacity must be 12.3 Mbits/s. ( 5 ) Transmitters carrying digital motion video motion material are exempt from the requirements specified in paragraphs (a)(2) and (a)(3) of this section, provided that at least 50 percent of the payload is digital video motion material and the minimum bit rate specified in paragraph (a)(1) of this section is met. In the 6, 10, and 11 GHz bands, concatenation of multiple contiguous channels is permitted for channels of equal bandwidth on center frequencies, provided no other channels are available and the minimum payload capacity requirements are met. ( 6 ) Digital systems using bandwidths of 10 MHz or larger will be considered 50 percent loaded when at least 50 percent of their total capacity is being used. For purposes of this subsection, a Fixed Service channel is being used if it is attached to a communications system that is capable of providing data to it at a rate that is sufficient to occupy at least 50 percent of the payload capacity of the Fixed Service channel, after header compression is applied. ( 7 ) Equipment placed in service after June 1, 1997 and prior to October 5, 2012 may comply with the provisions of § 101.141(a)(3) in effect as of the date the equipment was placed in service. ( b ) For purposes of compliance with the emission limitation requirements of § 101.111(a)(2) and the requirements of paragraph (a) of this section, digital modulation techniques are considered as being employed when digital modulation occupies 50 percent or more to the total peak frequency deviation of a transmitted radio frequency carrier. The total peak frequency deviation will be determined by adding the deviation produced by the digital modulation signal and the deviation produced by any frequency division multiplex (FDM) modulation used. The deviation (D) produced by the FDM signal must be determined in accordance with § 2.202(f) of this chapter . ( c ) Analog Modulation. Except for video transmission, an application for an initial working channel for a given route will not be accepted for filing where the anticipated loading (within five years for voice, or other period subject to reasonable projection) is less than the minimum specified for the following frequency bands. Absent extraordinary circumstances, applications proposing additional frequencies over existing routes will not be granted unless it is shown that the traffic load will shortly exhaust the capacity of the existing equipment. Where no construction of radio facilities is requested, licensees must submit this evidence with their filing of any necessary authority required pursuant to section 214 of the Communications Act and part 63 of this chapter . Frequency band (MHz) Minimum number of voice channels (4 KHz or equivalent) 3700 to 4200 (20 MHz bandwidth) 900 5925 to 6425 (10 MHz bandwidth) 300 5925 to 6425 (20 MHz bandwidth) 600 5925 to 6425 (30 MHz bandwidth) 900 6525 to 6875 (10 MHz bandwidth) 300 10,700 to 11,700 (10 MHz bandwidth) 300 10,700 to 11,700 (20 MHz bandwidth) 600 10,700 to 11,700 (30 MHz bandwidth) 900 10,700 to 11,700 (40 MHz bandwidth) 900 [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 24583 , May 6, 1997; 63 FR 36611 , July 7, 1998; 65 FR 59358 , Oct. 5, 2000; 67 FR 43039 , June 26, 2002; 68 FR 4958 , Jan. 31, 2003; 76 FR 59572 , Sept. 27, 2011; 77 FR 54433 , Sept. 5, 2012] § 101.143 Minimum path length requirements. ( a ) The distance between end points of a fixed link in the private operational fixed point-to-point and the common carrier fixed point-to-point microwave services must equal or exceed the value set forth in the table below or the EIRP must be reduced in accordance with the equation set forth below: Frequency band (MHz) Minimum path length (km) Below 1,850 N/A 1,850 to 7,125 17 10,550 to 13,250 5 Above 17,700 N/A ( b ) For paths shorter than those specified in the table in paragraph (a) of this section, the EIRP shall not exceed the value derived from the following equation: EIRP = MAXEIRP-40*log(A/B) dBW Where: EIRP = The new maximum EIRP (equivalent isotropically radiated power) in dBW. MAXEIRP = Maximum EIRP as set forth in the Table in Section 101.113(a) . A = Minimum path length from the Table above for the frequency band in kilometers. B = The actual path length in kilometers. Note to paragraph ( b ): For transmitters using Automatic Transmitter Power Control, EIRP corresponds to the maximum transmitter power available, not the coordinated transmit power or the nominal transmit power. ( c ) Upon an appropriate technical showing, applicants and licensees unable to meet the minimum path length requirement may be granted an exception to these requirements. Note to paragraph ( c ): Links authorized prior to April 1, 1987, need not comply with this requirement. [ 61 FR 26677 , May 28, 1996, as amended at 65 FR 38330 , June 20, 2000] § 101.145 Interference to geostationary-satellites. These limitations are necessary to minimize the probability of harmful interference to reception in the bands 2655-2690 MHz, 5925-7075 MHz, and 12.7-13.25 GHz on board geostationary-space stations in the fixed-satellite service. ( a ) Stations authorized prior to July 1, 1976 in the band 2655-2690 MHz, which exceed the power levels in paragraphs (b) and (c) of this section are permitted to operate indefinitely, provided that the operation of such stations does not result in harmful interference to reception in these bands on board geostationary space stations. ( b ) 2655 to 2690 MHz and 5925 to 7075 MHz. No directional transmitting antenna utilized by a fixed station operating in these bands with EIRP greater than 35 dBW may be aimed within 2 degrees of the geostationary-satellite orbit, taking into account atmospheric refraction. However, exception may be made in unusual circumstances upon a showing that there is no reasonable alternative to the transmission path proposed. If there is no evidence that such exception would cause possible harmful interference to an authorized satellite system, said transmission path may be authorized on waiver basis where the maximum value of the equivalent isotropically radiated power (EIRP) does not exceed: ( 1 ) + 47 dBW for any antenna beam directed within 0.5 degrees of the stationary satellite orbit; or ( 2 ) + 47 to + 55 dBW, on a linear decibel scale (8 dB per degree) for any antenna beam directed between 0.5 degrees and 1.5 degrees of the stationary orbit. ( c ) 12.7 to 13.25 GHz. No directional transmitting antenna utilized by a fixed station operating in this band with EIRP greater than 45 dBW may be aimed within 1.5 degrees of the geostationary-satellite orbit, taking into account atmospheric refraction. ( d ) Methods for calculating the azimuths to be avoided may be found in: CCIR Report No. 393 (Green Books), New Delhi, 1970; in “Radio-Relay Antenna Pointing for controlled Interference With Geostationary-Satellites” by C. W. Lundgren and A. S. May, Bell System Technical Journal, Vol. 48, No. 10, pp. 3387-3422, December 1969; and in “Geostationary Orbit Avoidance Computer Program” by Richard G. Gould, Common Carrier Bureau Report CC-7201, FCC, Washington, DC, 1972. This latter report is available through the National Technical Information Service, U.S. Department of Commerce, Springfield, VA 22151, in printed form (PB-211 500) or source card deck (PB-211 501). [ 61 FR 26677 , May 28, 1996, as amended at 65 FR 38330 , June 20, 2000; 68 FR 12777 , Mar. 17, 2003; 77 FR 54433 , Sept. 5, 2012] § 101.147 Frequency assignments. ( a ) Frequencies in the following bands are available for assignment for fixed microwave services. 928.0-929.0 MHz (28) 932.0-932.5 MHz (27) 932.5-935 MHz (17) 941.0-941.5 MHz (27) 941.5-944 MHz (17) (18) 952.0-960.0 MHz (28) 1,850-1,990 MHz (20) (22) 2,110-2,130 MHz) (1) (3) (7) (20) (23) 2,130-2,150 MHz (20) (22) 2,160-2,180 MHz (1) (2) (20) (23) 2,180-2,200 MHz (20) (22) 2,450-2,500 MHz (12) 2,650-2,690 MHz 3,700-4,200 MHz (8) (14) (25) 5,925-6,425 MHz (6) (14) (25) 6,425-6,525 MHz (24) 6,525-6.875 MHz (14) (33) 6,875-7,125 MHz (10), (34) 10,550-10,680 MHz (19) 10,700-11,700 MHz (8) (9) (19) (25) 11,700-12,200 MHz (24) 12,200-12,700 MHz (31) 12,700-13,200 (22), (34) 13,200-13,250 MHz (4) (24) (25) 14,200-14,400 MHz (24) 17,700-18,820 MHz (5) (10) (15) 17,700-18,300 MHz (10) (15) 18,820-18,920 MHz (22) 18,300-18,580 MHz (5) (10) (15) 18,580-19,300 MHz (22) (30) 18,920-19,160 MHz (5 (10) (15) 19,160-19,260 MHz (22) 19,260-19,700 MHz (5) (10) (15) 19,300-19,700 MHz (5) (10) (15) 21,200-22,000 MHz (4) (11) (12) (13) (24) (25) (26) 22,000-23,600 MHz (4) (11) (12) (24) (25) (26) 24,250-25,250 MHz 29,100-29,250 MHz (5), (16) 31,000-31,300 MHz (16) 42,000-42,500 MHz 71,000-76,000 MHz (5) (17) 81,000-86,000 MHz (5) (17) 92,000-94,000 MHz (17) 94,100-95,000 MHz (17) Notes (1) Frequencies in this band are shared with control and repeater stations in the Public Mobile Services and with stations in the International Fixed Public Radio communication Services located south of 25°30′ north latitude in the State of Florida and U. S. possessions in the Caribbean area. Additionally, the band 2160-2162 MHz is shared with stations in the Multipoint Distribution Service. (2) Except upon showing that no alternative frequencies are available, no new assignments will be made in the band 2160-2162 MHz for stations located within 80.5 kilometers (50 miles) of the coordinates of the cities listed in § 21.901(c) of this chapter . (3) Television transmission in this band is not authorized and radio frequency channel widths may not exceed 3.5 MHz. (4) Frequencies in this band are shared with fixed and mobile stations licensed in other services. (5) Frequencies in this band are shared with stations in the fixed-satellite service. (6) These frequencies are not available for assignment to mobile earth stations. (7) Frequencies in the band 2110-2120 MHz may be authorized on a case-by-case basis to Government or non-Government space research earth stations for telecommand purposes in connection with deep space research. (8) This frequency band is shared with station(s) in the Local Television Transmission Service for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. Existing licensees as of April 19, 2018, for permanent and temporary point-to-point Fixed Service links in the contiguous United States have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz band. This frequency band is also shared in the U.S. Possessions in the Caribbean area, with stations in the International Fixed Public Radiocommunications Services. (9) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared with space stations (space to earth) in the fixed-satellite service. (10) This band is co-equally shared with stations in the fixed services under parts 74 , 78 and 101 of this chapter . (11) Frequencies in this band are shared with Government stations. (12) Frequencies in this band are available for assignment to the common carrier and private-operational fixed point-to-point microwave services. (13) Frequencies in this band are shared with stations in the earth exploration satellite service (space to earth). (14) Frequencies in this band are shared with stations in the fixed satellite service. For 3,700-4,200 MHz, frequencies are only available for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. Existing licensees as of April 19, 2018, of permanent and temporary point-to-point Fixed Service links in the contiguous United States have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz. (15) Stations licensed as of September 9, 1983 to use frequencies in the 17.7-19.7 GHz band may, upon proper application, continue to be authorized for such operation. (16) As of June 30, 1997, frequencies in these bands are available for assignment only to LMDS radio stations, except for non-LMDS radio stations authorized pursuant to applications refiled no later than June 26, 1998. (17) Frequencies in these bands are shared with Government fixed stations and stations in the Private Operational Fixed Point-to-Point Microwave Service (part 101). (18) Frequencies in the 942 to 944 MHz band are also shared with broadcast auxiliary stations. (19) Frequencies in this band are shared with stations in the private-operational fixed point-to-point microwave service. (20) New facilities in these bands will be licensed only on a secondary basis. Facilities licensed or applied for before January 16, 1992, are permitted to make minor modifications in accordance with § 101.81 and retain their primary status. (21) Any authorization of additional stations to use the 2160-2162 MHz band for Multipoint Distribution Service applied for after January 16, 1992, will be secondary to use of the band for emerging technology services. (22) Frequencies in these bands are for the exclusive use of Private Operational Fixed Point-to-Point Microwave Service (part 101). Frequencies in the 12,700-13,200 MHz band, which were available only to stations authorized in the 12,200-12,700 MHz band as of September 9, 1983, are not available for new facilities. (23) Frequencies in these bands are for the exclusive use of Common Carrier Fixed Point-to-Point Microwave Service (part 101). (24) Frequencies in these bands are available for assignment to television pickup and television non-broadcast pickup stations. The maximum power for the local television transmission service in the 14.2-14.4 GHz band is + 45 dBW except that operations are not permitted within 1.5 degrees of the geostationary orbit. Beginning March 1, 2005, no new LTTS operators will be licensed and no existing LTTS licenses shall be issued in the 11.7-12.2 and 14.2-14.4 GHz bands. (25) Frequencies in these bands are available for assignment to television STL stations. For 3,700-4,200 MHz, frequencies are only available for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. Existing licensees as of April 19, 2018, of permanent and temporary point-to-point Fixed Service links in the contiguous United States have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz band. (26) Frequencies from 21.8-22.0 GHz and 23.0-23.2 GHz may be authorized for low power, limited coverage systems subject to the provisions of paragraph (s)(8) of this section. (27) Frequencies in the 932 to 932.5 MHz and 941 to 941.5 MHz bands are shared with Government fixed point-to-multipoint stations. Frequencies in these bands are paired with one another and are available for flexible use for transmission of the licensee's products and information services, excluding video entertainment material. 932.00625/941.00625 MHz to 932.24375/941.24375 MHz is licensed by Economic Area. 932.25625/941.25625 MHz to 932.49375/941.49375 MHz is licensed on a site-by-site basis. (28) Licensees that obtain authorizations in the 928/952/956 MHz MAS bands subsequent to July 1, 1999 are limited to private internal services, as defined in § 101.1305 . Incumbent operations in the 928/952/956 MHz MAS bands, as defined in § 101.1331(a) , are subject to grandfather rights pursuant to § 101.1331 . The 928.85-929.0 MHz and 959.85-960.0 MHz bands are licensed on a geographic area basis with no eligibility restrictions. The 928.0-928.85 MHz band paired with the 952.0-952.85 MHz band, in addition to unpaired frequencies in the 956.25-956.45 MHz band, are licensed on a site-by-site basis and used for terrestrial point-to-point and point-to-multipoint fixed and limited mobile operations. The 928.85-929.0 MHz band paired with the 959.85-960.0 MHz band is licensed by Economic Area and used for terrestrial point-to-point and point-to-multipoint fixed operations. (29) Frequencies in this band are shared with stations in the Multipoint Distribution Service (part 21). These frequencies may be used for the transmission of the licensee's products and information services, excluding video entertainment material to the licensee's customers. (30) The frequency band 18,580-19,300 GHz is not available for new licensees after June 8, 2000, except for low power indoor stations in the band 18,820-18,870 MHz and 19,160-19,210 MHz. (31) This frequency band can be used for Multichannel Video Distribution and Data Service (MVDDS) shared with Direct Broadcast Satellite (DBS) Services on a co-primary non-harmful interference basis and on a co-primary basis with NGSO FSS satellite earth stations. Incumbent private operational fixed point-to-point licensees can also use these frequencies on a site by site basis. (32) Frequencies in this band are shared with stations in the fixed-satellite service, subject to the conditions specified in footnote 15 of § 25.202(a)(1) of this chapter , see 47 CFR 47 25.202(a)(1) n.16. (33) The coordination of a new 30 megahertz link in the 6,525-6,875 MHz band should be attempted only if it cannot be accommodated in the 5,925-6,425 MHz band. (34) In the bands 6,875-7,125 MHz and 12,700-13,150 MHz, links shall not intersect with the service areas of television pickup stations. ( b ) Frequencies normally available for assignment in this service are set forth with applicable limitations in the following tables: 928-960 MHz Multiple address system (MAS) frequencies are available for the point-to-multipoint and point-to-point transmission of a licensee's products or services, excluding video entertainment material, to a licensee's customer or for its own internal communications. The paired frequencies listed in this section are used for two-way communications between a master station and remote stations. Ancillary one-way communications on paired frequencies are permitted on a case-by-case basis. Ancillary communications between interrelated master stations are permitted on a secondary basis. The normal channel bandwidth assigned will be 12.5 kHz. EA licensees, however, may combine contiguous channels without limit or justification. Site-based licensees may combine contiguous channels up to 50 kHz, and more than 50 kHz only upon a showing of adequate justification. Any bandwidth (12.5 kHz, 25 kHz or greater) authorized in accordance with this section may be subdivided into narrower bandwidths to create additional (or sub) frequencies without the need to specify each discrete frequency within the specific bandwidth. Equipment that is used to create additional frequencies by narrowing bandwidth (whether authorized for a 12.5 kHz, 25 kHz or greater bandwidth) will be required to meet, at a minimum, the ±0.00015 percent tolerance requirement so that all subfrequencies will be within the emission mask. Systems licensed for frequencies in these MAS bands prior to August 1, 1975, may continue to operate as authorized until June 11, 1996, at which time they must comply with current MAS operations based on the 12.5 kHz channelization set forth in this paragraph. Systems licensed between August 1, 1975, and January 1, 1981, inclusive, are required to comply with the grandfathered 25 kHz standard bandwidth and channelization requirements set forth in this paragraph. Systems originally licensed after January 1, 1981, and on or before May 11, 1988, with bandwidths of 25 kHz and above, will be grandfathered indefinitely. Note to paragraph ( b ) introductory text: Paragraphs (b)(1) through (b)(5) and Tables 1 through 7 of this section pertain to Multiple Address System (MAS) frequencies and paragraph (b)(6) and Tables 8 through 11 of this section pertain to Point-To-Point frequencies. ( 1 ) Frequencies listed in this paragraph are designated for private internal use and are subject to site-based licensing. Table 1—Paired Frequencies (MHz) [12.5 kHz bandwidth] Remote transmit Master transmit 928.00625 952.00625 928.01875 952.01875 928.03125 952.03125 928.04375 952.04375 928.05625 952.05625 928.06875 952.06875 928.08125 952.08125 928.09375 952.09375 928.10625 952.10625 928.11875 952.11875 928.13125 952.13125 928.14375 952.14375 928.15625 952.15625 928.16875 952.16875 928.18125 952.18125 928.19375 952.19375 928.20625 952.20625 928.21875 952.21875 928.23125 952.23125 928.24375 952.24375 928.25625 952.25625 928.26875 952.26875 928.28125 952.28125 928.29375 952.29375 928.30625 952.30625 928.31875 952.31875 928.33125 952.33125 928.34375 952.34375 Unpaired Frequencies (MHz) [12.5 kHz bandwidth] D D D 956.25625 956.33125 956.39375 956.26875 956.34375 956.40625 956.28125 956.35625 956.41875 956.29375 956.36875 956.43125 956.30625 956.38125 956.44375 956.31875 Table 2—Paired Frequencies (MHz) [25 kHz bandwidth] Remote transmit Master transmit 928.0125 952.0125 928.0375 952.0375 928.0625 952.0625 928.0875 952.0875 928.1125 952.1125 928.1375 952.1375 928.1625 952.1625 928.1875 952.1875 928.2125 952.2125 928.2375 952.2375 928.2625 952.2625 928.2875 952.2875 928.3125 952.3125 928.3375 952.3375 Unpaired Frequencies (MHz) [25 kHz bandwidth] 956.2625 956.3375 956.4125 956.2875 956.3625 956.4375 956.3125 956.3875 ( 2 ) Frequencies listed in this paragraph are designated for private internal use and are subject to site-based licensing. Table 3—Paired Frequencies (MHz) [12.5 kHz bandwidth] Remote transmit Master transmit 928.35625 952.35625 928.36875 928.36875 928.38125 952.38125 928.39375 952.39375 928.40625 952.40625 928.41875 952.41875 928.43125 952.43125 928.44375 952.44375 928.45625 952.45625 928.46875 952.46875 928.48125 952.48125 928.49375 952.49375 928.50625 952.50625 928.51875 952.51875 928.53125 952.53125 928.54375 952.54375 928.55625 952.55625 928.56875 952.56875 928.58125 952.58125 928.59375 952.59375 928.60625 952.60625 928.61875 952.61875 928.63125 952.63125 928.64375 952.64375 928.65625 952.65625 928.66875 952.66875 928.68125 952.68125 928.69375 952.69375 928.70625 952.70625 928.71875 952.71875 928.73125 952.73125 928.74375 952.74375 928.75625 952.75625 928.76875 952.76875 928.78125 952.78125 928.79375 952.79375 928.80625 952.80625 928.81875 952.81875 928.83125 952.83125 928.84375 952.84375 Table 4—Paired Frequencies (MHz) [25 kHz bandwidth] Remote transmit Master transmit 928.3625 952.3625 928.3875 952.3875 928.4125 952.4125 928.4375 952.4375 928.4625 952.4625 928.4875 952.4875 928.5125 952.5125 928.5375 952.5375 928.5625 952.5625 928.5875 952.5875 928.6125 952.6125 928.6375 952.6375 928.6625 952.6625 928.6875 952.6875 928.7125 952.7125 928.7375 952.7375 928.7625 952.7625 928.7875 952.7875 928.8125 952.8125 928.8375 952.8375 ( 3 ) Frequencies listed in this paragraph are not restricted to private internal use and are licensed by geographic area. Incumbent facilities must be protected. Table 5—Paired Frequencies (MHz) [12.5 kHz bandwidth] Remote transmit Master transmit 928.85625 959.85625 928.86875 959.86875 928.88125 959.88125 928.89375 959.89375 928.90625 959.90625 928.91875 959.91875 928.93125 959.93125 928.94375 959.94375 928.95625 959.95625 928.96875 959.96875 928.98125 959.98125 928.99375 959.99375 Table 6—Paired Frequencies (MHz) [25 kHz bandwidth] Remote transmit Master transmit 928.8625 959.8625 928.8875 959.8875 928.9125 959.9125 928.9375 959.9375 928.9625 959.9625 928.9875 959.9875 ( 4 ) Frequencies listed in this paragraph are licensed by either economic area or on a site-by-site basis. Table 7—Paired Frequencies Remote transmit Master transmit Licensed by Economic Area (12.5 kHz bandwidth): 932.00625 941.00625 932.01875 941.01875 932.03125 941.03125 932.04375 941.04375 932.05625 941.05625 932.06875 941.06875 932.08125 941.08125 932.09375 941.09375 (50 kHz bandwidth): 932.12500 941.12500 (12.5 kHz bandwidth): 932.15625 941.15625 932.16875 941.16875 932.18125 941.18125 932.19375 941.19375 932.20625 941.20625 932.21875 941.21875 932.23125 941.23125 932.24375 941.24375 Reserved for public safety and private internal use. Licensed on site-by-site basis. (12.5 kHz bandwidth): 932.25625 941.25625 932.26875 941.26875 932.28125 941.28125 932.29375 941.29375 932.30625 941.30625 932.31875 941.31875 932.33125 941.33125 932.34375 941.34375 932.35625 941.35625 932.36875 941.36875 932.38125 941.38125 932.39375 941.39375 932.40625 941.40625 932.41875 941.41875 932.43125 941.43125 Reserved for Public Safety and Federal Government Use. Licensed on site-by-site basis. (12.5 kHz bandwidth): 932.44375 941.44375 932.45625 941.45625 932.46875 941.46875 932.48125 941.48125 932.49375 941.49375 ( 5 ) Equivalent power and antenna heights for multiple address master stations: Antenna height (AAT) in meters Maximum effective radiated power Watts dBm Above 305 200 53 Above 274 to 305 250 54 Above 244 to 274 315 55 Above 213 to 244 400 56 Above 182 to 213 500 57 Above 152.5 to 182 630 58 152.5 and below 1,000 60 For mobile operations the maximum ERP is 25 watts (44 dBm). ( 6 ) Fixed point-to-point frequencies. Table 8—Paired Frequencies [All frequencies may be used by Common Carrier Fixed Point-to-Point and Private Operational Fixed Point-to-Point Microwave Service licensees; 25 kHz bandwidth] Transmit (receive) (MHz) Receive (transmit) (MHz) 932.5125 941.5125 932.5375 941.5375 932.5625 941.5625 932.5875 941.5875 932.6125 941.6125 932.6375 941.6375 932.6625 941.6625 934.8375 943.8375 934.8625 943.8625 934.8875 943.8875 934.9125 943.9125 934.9375 943.9375 934.9625 943.9625 934.9875 943.9875 Table 9—Paired Frequencies [Frequencies may be used only by Private Operational Fixed Point-to-Point Microwave Service licensees, unless otherwise noted; 50 kHz bandwidth] Transmit (receive) (MHz) Receive (transmit) (MHz) 932.70 1 1 941.70 932.75 1 1 941.75 934.80 1 1 943.80 956.65 953.05 956.75 953.15 956.85 953.25 956.95 953.35 957.05 953.45 957.25 953.65 957.35 953.75 957.45 953.85 957.65 954.05 957.75 954.15 957.85 954.25 958.05 954.45 958.15 954.55 958.25 954.65 958.45 954.85 958.55 954.95 958.65 955.05 958.85 955.25 958.95 955.35 959.05 955.45 959.25 955.65 959.35 955.75 959.45 955.85 959.55 955.95 959.65 956.05 1 These frequencies also may be used by Common Carrier Fixed Point-to-Point Microwave licensees. Table 10—Paired Frequencies [Frequencies may be used only by Private Operational Fixed Point-to-Point Microwave licensees, unless otherwise noted; 100 kHz bandwidth] Transmit (receive) (MHz) Receive (transmit) (MHz) 932.8250 1 1 941.8250 932.9250 1 1 941.9250 933.0250 1 1 942.0250 934.5250 1 1 943.5250 934.6250 1 1 943.6250 934.7250 1 1 943.7250 956.6 953.0 956.7 953.1 956.8 953.2 956.9 953.3 957.0 953.4 957.1 953.5 957.2 953.6 957.3 953.7 957.4 953.8 957.5 953.9 957.6 954.0 957.7 954.1 957.8 954.2 957.9 954.3 958.0 954.4 958.1 954.5 958.2 954.6 958.3 954.7 958.4 954.8 958.5 954.9 958.6 955.0 958.7 955.1 958.8 955.2 958.9 955.3 959.0 955.4 959.1 955.5 959.2 955.6 959.3 955.7 959.4 955.8 959.5 955.9 959.6 956.0 959.7 956.1 1 These frequencies also may be used by Common Carrier Fixed Point-to-Point Microwave licensees. Table 11—Paired Frequencies [Frequencies may be used only by Private Operational Fixed Point-to-Point Microwave licensees, unless otherwise noted; (200 kHz bandwidth)] Transmit (receive) (MHz) Receive (transmit) (MHz) 933.1750 1 1 942.1750 933.3750 1 1 942.3750 933.5750 1 1 942.5750 933.7750 1 1 942.7750 933.9750 1 1 942.9750 934.1750 1 1 943.1750 934.3750 1 1 943.3750 957.15 953.55 957.55 953.95 957.95 954.35 958.35 954.75 958.75 955.15 959.15 955.55 1 These frequencies also may be used by Common Carrier Fixed Point-to-Point Microwave licensees. ( c ) 1850-1990 MHz. (1) 10 MHz maximum bandwidth. Paired Frequencies Transmit (receive) (MHz) Receive (transmit) (MHz) 1855 1935 1865 1945 1875 1955 1885 1965 1895 1975 1905 1985 Unpaired Frequencies 1915 1 1925 1 1 Available for systems employing one-way transmission. ( 2 ) 5 MHz maximum bandwidth. Paired Frequencies Transmit (receive) (MHz) Receive (transmit) (MHz) 1860 1940 1870 1950 1880 1960 1890 1970 1900 1980 ( d ) 2130-2150 MHz; 2180-2200 MHz. 800 kHz maximum bandwidth, unless noted. Paired Frequencies 2130-2150 2180-2200 Transmit (receive) (MHz) Receive (transmit) (MHz) 2130.8 2180.8 2131.6 1 2181.6 2132.4 2182.4 2133.2 1 2183.2 2134.0 2184.0 2134.8 1 2184.8 2135.6 2185.6 2136.4 1 2186.4 2137.2 2187.2 2138.0 1 2188.0 2139.6 1 2189.6 2138.8 2188.8 2140.4 2190.4 2141.2 1 2191.2 2142.0 2192.0 2142.8 1 2192.8 2143.6 2193.6 2144.4 1 2194.4 2145.2 2195.2 2146.0 1 2196.0 2146.8 2196.8 2147.6 1 2197.6 2148.4 2198.4 2149.2 2199.2 1 Consideration will be given on a case-by-case basis to assigning these frequency pairs to systems employing 1600 KHz bandwidth transmissions. ( e ) [Reserved] ( f ) 2450-2500 MHz. ( 1 ) This band is shared with other communications services and is not subject to protection from interference from industrial, scientific, and medical devices operating on 2450 MHz. ( 2 ) Stations licensed in this band under this part prior to March 1, 1996, are grandfathered and may continue their authorized operations. Stations licensed in the 2483.5-2500 MHz portion of the band as of July 25, 1985, and licensees whose initial applications were filed on or before July 25, 1985, are grandfathered, and may continue operations, subject only to license renewal, on a co-primary basis with with the mobile-satellite and radiodetermination-satellite services, and in the segment 2495-2500 MHz, their operations are also on a co-primary basis with part 27 fixed and mobile except aeronautical mobile service operations. ( 3 ) 625 KHz bandwidth channels. The normal bandwidth authorized will be 625 KHz. Upon adequate justification, additional contiguous channels may be authorized to provide up to a 2500 KHz bandwidth. Paired Frequencies Transmit (receive) (MHz) Receive (transmit) (MHz) 2450.3125 2467.5625 2450.9375 2468.1875 2451.5625 2468.8125 2452.1875 2469.4375 2452.8125 2470.0625 2453.4375 2470.6875 2454.0625 2471.3125 2454.6875 2471.9375 2455.3125 2472.5625 2455.9375 2473.1875 2456.5625 2473.8125 2457.1875 2474.4375 2457.8125 2475.0625 2458.4375 2475.6875 2459.0625 2476.3125 2459.6875 2476.9375 2460.3125 2477.5625 2460.9375 2478.1875 2461.5625 2478.8125 2462.1875 2479.4375 2462.8125 2480.0625 2463.4375 2480.6875 2464.0625 2481.3125 2464.6875 2481.9375 2465.3125 2482.5625 2465.9375 2483.1875 ( g ) [Reserved] ( h ) 3,700 to 4,200 MHz outside the contiguous United States. 20 MHz maximum authorized bandwidth. 20 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 3710 3750 3730 3770 3790 3830 3810 3850 3870 3910 3890 3930 3950 3990 3970 4010 4030 4070 4050 4090 4110 4150 4130 4170 N/A 1 4190 1 This frequency may be assigned for unpaired use. ( i ) 5,925 to 6,425 MHz. 60 MHz authorized bandwidth. ( 1 ) 400 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5925.225 6177.100 5925.625 6177.500 5926.050 6177.925 5926.450 6178.325 5926.875 6178.750 5927.275 6179.150 5927.725 6179.600 5928.125 6180.000 5928.550 6180.425 5928.950 6180.825 5929.375 6181.250 5929.775 6181.650 6168.350 6420.225 6168.750 6420.625 6169.175 6421.050 6169.575 6421.450 6170.000 6421.875 6170.400 6422.275 6170.850 6422.725 6171.250 6423.125 6171.675 6423.550 6172.075 6423.950 6172.500 6424.375 6172.900 6424.775 ( 2 ) 800 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5925.425 6177.300 5926.250 6178.125 5927.075 6178.950 5927.925 6179.800 5928.750 6180.625 5929.575 6181.450 6168.550 6420.425 6169.375 6421.250 6170.200 6422.075 6171.050 6422.925 6171.875 6423.750 6172.700 6424.575 ( 3 ) 1.25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5925.625 6177.500 5926.875 6178.750 5928.125 6180.000 5929.375 6181.250 6108.893 6360.933 6110.128 6362.168 6111.364 6363.404 6112.599 6364.639 6113.834 6365.874 6115.070 6367.110 6116.305 6368.345 6117.541 6369.581 6118.776 6370.816 6120.011 6372.051 6121.247 6373.287 6122.482 6374.522 6123.718 6375.758 6124.953 6376.993 6126.189 6378.229 6127.424 6379.464 6128.659 6380.699 6129.895 6381.935 6131.130 6383.170 6132.366 6384.406 6133.601 6385.641 6134.836 6386.876 6136.072 6388.112 6137.307 6389.347 6138.543 6390.583 6139.778 6391.818 6141.014 6393.054 6142.249 6394.289 6143.484 6395.524 6144.720 6396.760 6145.955 6397.995 6147.191 6399.231 6148.426 6400.466 6149.661 6401.701 6150.897 6402.937 6152.132 6404.172 6153.368 6405.408 6154.603 6406.643 6155.839 6407.879 6157.074 6409.114 6158.309 6410.349 6159.545 6411.585 6160.780 6412.820 6162.016 6414.056 6163.251 6415.291 6164.486 6416.526 6165.722 6417.762 6166.957 6418.997 6168.750 6420.625 6170.000 6421.875 6171.250 6423.125 6172.500 6424.375 6173.750 1 N/A 6175.000 1 N/A 6176.250 1 N/A 1 These frequencies may be assigned for unpaired use. ( 4 ) 2.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5926.250 6178.125 5928.750 6180.625 6109.510 6361.550 6111.981 6364.021 6114.452 6366.492 6116.923 6368.963 6119.394 6371.434 6121.865 6373.905 6124.335 6376.375 6126.806 6378.846 6129.277 6381.317 6131.748 6383.788 6134.219 6386.259 6136.690 6388.730 6139.160 6391.200 6141.631 6393.671 6144.102 6396.142 6146.573 6398.613 6149.044 6401.084 6151.515 6403.555 6153.985 6406.025 6156.456 6408.496 6158.927 6410.967 6161.398 6413.438 6163.869 6415.909 6166.340 6418.380 6169.375 6421.250 6171.875 6423.750 6175.625 1 N/A 1 This frequency may be assigned for unpaired use. ( 5 ) 3.75 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6111.364 6363.404 6116.305 6368.345 6121.247 6373.287 6126.189 6378.229 6131.130 6383.170 6136.072 6388.112 6141.014 6393.054 6145.955 6397.995 6150.897 6402.937 6155.839 6407.879 6160.780 6412.820 6165.722 6417.762 6175.000 1 N/A 1 This frequency may be assigned for unpaired use. ( 6 ) 5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6110.75 6362.79 6115.69 6367.73 6120.63 6372.67 6125.57 6377.61 6130.51 6382.55 6135.45 6387.49 6140.40 6392.44 6145.34 6397.38 6150.28 6402.32 6155.22 6407.26 6160.16 6412.20 6165.10 6417.14 ( 7 ) 10 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5935.32 6187.36 5945.20 6197.24 5955.08 6207.12 5964.97 6217.01 5974.85 6226.89 5984.73 6236.77 5994.62 6246.66 6004.50 6256.54 6014.38 6266.42 6024.27 6276.31 6034.15 6286.19 6044.03 6296.07 6053.92 6305.96 6063.80 6315.84 6073.68 6325.72 6083.57 6335.61 6093.45 6345.49 6103.33 6355.37 6113.22 1 1 6365.26 6123.10 1 1 6375.14 6132.98 1 1 6385.02 6142.87 1 1 6394.91 6152.75 1 1 6404.79 6162.63 1 1 6414.67 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. ( 8 ) 30 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5945.20 6197.24 5974.85 6226.89 6004.50 6256.54 6034.15 6286.19 6063.80 6315.84 6093.45 6345.49 6123.10 1 1 6375.14 6152.75 1 1 6404.79 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. ( 9 ) 60 MHz bandwidth channels: 1 Transmit (receive) (MHz) Receive (transmit) (MHz) 5960.025 6212.065 6019.325 6271.365 6078.625 6330.665 6137.925 6389.965 ( j ) 6,425 to 6,525 MHz: Mobile. Paired and un-paired operations permitted. Use of this spectrum for direct delivery of video programs to the general public or multi-channel cable distribution is not permitted. This band is co-equally shared with mobile stations licensed pursuant to parts 74 and 78 of the Commission's Rules. Stations not intended to be operated while in motion will be licensed under the provision of § 101.31 . The following channel plans apply. ( 1 ) 1 MHz maximum authorized bandwidth channels: Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6425.5 6475.5 6450.5 6500.5 ( 2 ) 8 MHz maximum authorized bandwidth channels: Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6430.0 6480.0 6438.0 6488.0 6446.0 6496.0 6455.0 6505.0 6463.0 6513.0 6471.0 6521.0 ( 3 ) 25 MHz maximum authorized bandwidth channels: Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6437.5 6487.5 6462.5 6512.5 ( k ) 6,525 to 6,875 MHz. 10 MHz authorized bandwidth. ( 1 ) 400 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6525.225 6870.225 6525.625 6870.625 6526.050 6871.050 6526.450 6871.450 6526.875 6871.875 6527.275 6872.275 6527.725 6872.725 6528.125 6873.125 6528.550 6873.550 6528.950 6873.950 6529.375 6874.375 6529.775 6874.775 ( 2 ) 800 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6525.425 6870.425 6526.250 6871.250 6527.075 6872.075 6527.925 6872.925 6528.750 6873.750 6529.575 6874.575 ( 3 ) 1.25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6525.625 6870.625 6526.875 6871.875 6528.125 6873.125 6529.375 6874.375 6540.625 1 1 6718.125 6541.875 1 1 6719.375 6543.125 1 1 6713.125 6544.375 1 1 6714.375 6545.625 1 1 6715.625 6546.875 1 1 6716.875 6548.125 6728.125 6549.375 6729.375 6550.625 6730.625 6551.875 6731.875 6553.125 1 1 6723.125 6554.375 1 1 6724.375 6555.625 1 1 6725.625 6556.875 1 1 6726.875 6558.125 6738.125 6559.375 6739.375 6560.625 6740.625 6561.875 6741.875 6563.125 6733.125 6564.375 6734.375 6565.625 6735.625 6566.875 6736.875 6568.125 1 1 6720.625 6569.375 1 1 6721.875 6580.625 1 1 6868.125 6581.875 1 1 6869.375 6583.125 6743.125 6584.375 6744.375 6585.625 6745.625 6586.875 6746.875 6588.125 6748.125 6589.375 6749.375 6590.625 6750.625 6591.875 6751.875 6593.125 6753.125 6594.375 6754.375 6595.625 6755.625 6596.875 6756.875 6598.125 6758.125 6599.375 6759.375 6600.625 6760.625 6601.875 6761.875 6603.125 6763.125 6604.375 6764.375 6605.625 6765.625 6606.875 6766.875 6608.125 6768.125 6609.375 6769.375 6610.625 6770.625 6611.875 6771.875 6613.125 6773.125 6614.375 6774.375 6615.625 6775.625 6616.875 6776.875 6618.125 6778.125 6619.375 6779.375 6620.625 6780.625 6621.875 6781.875 6623.125 6783.125 6624.375 6784.375 6625.625 6785.625 6626.875 6786.875 6628.125 6788.125 6629.375 6789.375 6630.625 6790.625 6631.875 6791.875 6633.125 6793.125 6634.375 6794.375 6635.625 6795.625 6636.875 6796.875 6638.125 6798.125 6639.375 6799.375 6640.625 6800.625 6641.875 6801.875 6643.125 6803.125 6644.375 6804.375 6645.625 6805.625 6646.875 6806.875 6648.125 6808.125 6649.375 6809.375 6650.625 6810.625 6651.875 6811.875 6653.125 6813.125 6654.375 6814.375 6655.625 6815.625 6656.875 6816.875 6658.125 6818.125 6659.375 6819.375 6660.625 6820.625 6661.875 6821.875 6663.125 6823.125 6664.375 6824.375 6665.625 6825.625 6666.875 6826.875 6668.125 6828.125 6669.375 6829.375 6670.625 6830.625 6671.875 6831.875 6673.125 6833.125 6674.375 6834.375 6675.625 6835.625 6676.875 6836.875 6678.125 6838.125 6679.375 6839.375 6680.625 6840.625 6681.875 6841.875 6683.125 6843.125 6684.375 6844.375 6685.625 6845.625 6686.875 6846.875 6688.125 6848.125 6689.375 6849.375 6690.625 6850.625 6691.875 6851.875 6693.125 6853.125 6694.375 6854.375 6695.625 6855.625 6696.875 6856.875 6698.125 6858.125 6699.375 6859.375 6700.625 6860.625 6701.875 6861.875 6703.125 6863.125 6704.375 6864.375 6705.625 6865.625 6706.875 6866.875 6708.125 1 1 6710.625 6709.375 1 1 6711.875 1 These frequencies may be assigned for unpaired use. ( 4 ) 2.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6526.25 6871.25 6528.75 6873.75 6541.25 1 1 6718.75 6543.75 1 1 6713.75 6546.25 1 1 6716.25 6548.75 6728.75 6551.25 6731.25 6553.75 1 1 6723.75 6556.25 1 1 6726.25 6558.75 6738.75 6561.25 6741.25 6563.75 6733.75 6566.25 6736.25 6568.75 1 1 6721.25 6581.25 1 1 6868.75 6583.75 6743.75 6586.25 6746.25 6588.75 6748.75 6591.25 6751.25 6593.75 6753.75 6596.25 6756.25 6598.75 6758.75 6601.25 6761.25 6603.75 6763.75 6606.25 6766.25 6608.75 6768.75 6611.25 6771.25 6613.75 6773.75 6616.25 6776.25 6618.75 6778.75 6621.25 6781.25 6623.75 6783.75 6626.25 6786.25 6628.75 6788.75 6631.25 6791.25 6633.75 6793.75 6636.25 6796.25 6638.75 6798.75 6641.25 6801.25 6643.75 6803.75 6646.25 6806.25 6648.75 6808.75 6651.25 6811.25 6653.75 6813.75 6656.25 6816.25 6658.75 6818.75 6661.25 6821.25 6663.75 6823.75 6666.25 6826.25 6668.75 6828.75 6671.25 6831.25 6673.75 6833.75 6676.25 6836.25 6678.75 6838.75 6681.25 6841.25 6683.75 6843.75 6686.25 6846.25 6688.75 6848.75 6691.25 6851.25 6693.75 6853.75 6696.25 6856.25 6698.75 6858.75 6701.25 6861.25 6703.75 6863.75 6706.25 6866.25 6708.75 1 1 6711.25 1 These frequencies may be assigned for unpaired use. ( 5 ) 3.75 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6545.625 1 6715.625 1 6550.625 6730.625 6555.625 1 6725.625 1 6560.625 6740.625 6565.625 6735.625 6585.625 6745.625 6590.625 6750.625 6595.625 6755.625 6600.625 6760.625 6605.625 6765.625 6610.625 6770.625 6615.625 6775.625 6620.625 6780.625 6625.625 6785.625 6630.625 6790.625 6635.625 6795.625 6640.625 6800.625 6645.625 6805.625 6650.625 6810.625 6655.625 6815.625 6660.625 6820.625 6665.625 6825.625 6670.625 6830.625 6675.625 6835.625 6680.625 6840.625 6685.625 6845.625 6690.625 6850.625 6695.625 6855.625 6700.625 6860.625 6705.625 6865.625 6710.625 1 1 6720.625 1 These frequencies may be assigned for unpaired use. ( 6 ) 5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6545 1 1 6715 6550 6730 6555 1 1 6725 6560 6740 6565 6735 6585 6745 6590 6750 6595 6755 6600 6760 6605 6765 6610 6770 6615 6775 6620 6780 6625 6785 6630 6790 6635 6795 6640 6800 6645 6805 6650 6810 6655 6815 6660 6820 6665 6825 6670 6830 6675 6835 6680 6840 6685 6845 6690 6850 6695 6855 6700 6860 6705 6865 6710 1 1 6720 1 These frequencies may be assigned for unpaired use. ( 7 ) 10 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6545 1 1 6715 6555 1 1 6725 6565 6735 6585 6745 6595 6755 6605 6765 6615 6775 6625 6785 6635 6795 6645 6805 6655 6815 6665 6825 6675 6835 6685 6845 6695 6855 6705 6865 6535 2 2 6575 1 These frequencies may be assigned for unpaired use. 2 Available only for emergency restoration, maintenance bypass, or other temporary-fixed purposes. Such uses are authorized on a non-interference basis to other frequencies in this band. Interference analysis required by § 101.105 does not apply to this frequency pair. ( 8 ) 30 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6555 6725 6595 6755 6625 6785 6655 6815 6685 6845 ( l ) 6875 to 7125 MHz. 25 MHz authorized bandwidth. ( 1 ) 5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6877.5 7027.5 6882.5 7032.5 6887.5 7037.5 6892.5 7042.5 6897.5 7047.5 6902.5 7052.5 6907.5 7057.5 6912.5 7062.5 6917.5 7067.5 6922.5 7072.5 6927.5 7077.5 6932.5 7082.5 6937.5 7087.5 6942.5 7092.5 6947.5 7097.5 6952.5 7102.5 6957.5 7107.5 6962.5 7112.5 6967.5 7117.5 6972.5 7122.5 ( 2 ) 8.33 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6879.165 7029.165 6887.495 7037.495 6895.825 7045.825 6904.155 7054.155 6912.485 7062.485 6920.815 7070.815 6929.145 7079.145 6937.475 7087.475 6945.805 7095.805 6954.135 7104.135 6962.465 7112.465 6970.795 7120.795 ( 3 ) 12.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6881.25 7031.25 6893.75 7043.75 6906.25 7056.25 6918.75 7068.75 6931.25 7081.25 6943.75 7093.75 6956.25 7106.25 6968.75 7118.75 ( 4 ) 25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6887.5 7037.5 6912.5 7062.5 6937.5 7087.5 6962.5 7112.5 ( m ) 10,550 to 10,680 MHz. 5 MHz authorized bandwidth. ( 1 ) 400 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10605.225 10670.225 10605.625 10670.625 10606.050 10671.050 10606.450 10671.450 10606.875 10671.875 10607.275 10672.275 10607.725 10672.725 10608.125 10673.125 10608.550 10673.550 10608.950 10673.950 10609.375 10674.375 10609.775 10674.775 10610.225 10675.225 10610.625 10675.625 10611.050 10676.050 10611.450 10676.450 10611.875 10676.875 10612.275 10677.275 10612.725 10677.725 10613.125 10678.125 10613.550 10678.550 10613.950 10678.950 10614.375 10679.375 10614.775 10679.775 ( 2 ) 800 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10605.425 10670.425 10606.250 10671.250 10607.075 10672.075 10607.925 10672.925 10608.750 10673.750 10609.575 10674.575 10610.425 10675.425 10611.250 10676.250 10612.075 10677.075 10612.925 10677.925 10613.750 10678.750 10614.575 10679.575 ( 3 ) 1.25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10550.625 10615.625 10551.875 10616.875 10553.125 10618.125 10554.375 10619.375 10555.625 10620.625 10556.875 10621.875 10558.125 10623.125 10559.375 10624.375 10560.625 10625.625 10561.875 10626.875 10563.125 10628.125 10564.375 10629.375 10565.625 10630.625 10566.875 10631.875 10568.125 10633.125 10569.375 10634.375 10570.625 10635.625 10571.875 10636.875 10573.125 10638.125 10574.375 10639.375 10575.625 10640.625 10576.875 10641.875 10578.125 10643.125 10579.375 10644.375 10580.625 10645.625 10581.875 10646.875 10583.125 10648.125 10584.375 10649.375 10585.625 10650.625 10586.875 10651.875 10588.125 10653.125 10589.375 10654.375 10590.625 10655.625 10591.875 10656.875 10593.125 10658.125 10594.375 10659.375 10595.625 10660.625 10596.875 10661.875 10598.125 10663.125 10599.375 10664.375 10600.625 10665.625 10601.875 10666.875 10603.125 10668.125 10604.375 10669.375 10605.625 10670.625 10606.875 10671.875 10608.125 10673.125 10609.375 10674.375 10610.625 10675.625 10611.875 10676.875 10613.125 10678.125 10614.375 10679.375 ( 4 ) 2.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10551.25 10616.25 10553.75 10618.75 10556.25 10621.25 10558.75 10623.75 10561.25 10626.25 10563.75 10628.75 10566.25 10631.25 10568.75 10633.75 10571.25 10636.25 10573.75 10638.75 10576.25 10641.25 10578.75 10643.75 10581.25 1 1 10646.25 10583.75 1 1 10648.75 10586.25 1 1 10651.25 10588.75 1 1 10653.75 10591.25 1 1 10656.25 10593.75 1 1 10658.75 10596.25 1 1 10661.25 10598.75 1 1 10663.75 10601.25 1 1 10666.25 10603.75 1 1 10668.75 10606.25 1 1 10671.25 10608.75 1 1 10673.75 10611.25 1 1 10676.25 10613.75 1 1 10678.75 1 These frequencies are also available for DEMS stations licensed, in operation, or applied for prior to July 15, 1993. ( 5 ) 3.75 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10553.125 10618.125 10558.125 10623.125 10563.125 10628.125 10568.125 10633.125 10573.125 10638.125 10578.125 10643.125 10583.125 10648.125 10588.125 10653.125 10593.125 10658.125 10598.125 10663.125 10603.125 10668.125 ( 6 ) 5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10552.5 10617.5 10557.5 10622.5 10562.5 10627.5 10567.5 1 1 10632.5 10572.5 1 1 10637.5 10577.5 1 1 10642.5 10582.5 1 1 10647.5 10587.5 10652.5 10592.5 10657.5 10597.5 10662.5 10602.5 10667.5 1 These frequencies are also available for DEMS stations licensed, in operation, or applied for prior to July 15, 1993. ( n ) Point-to-multipoint systems licensed, in operation, or applied for in the 10,550-10,680 MHz band prior to July 15, 1993, are permitted to use the DEMS frequencies noted above if they prior coordinate such usage with the necessary parties including 10 GHz point-to-point applicants and licensees. DEMS Nodal Stations shall use the band 10,565-10,615 MHz while DEMS User Stations shall use the band 10,630-10,680 MHz. ( o ) 10,700 to 11,700 MHz. 80 MHz authorized bandwidth. ( 1 ) 1.25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 11130.625 11620.625 11131.875 11621.875 11133.125 11623.125 11134.375 11624.375 11135.625 11625.625 11136.875 11626.875 11138.125 11628.125 11139.375 11629.375 11140.625 11630.625 11141.875 11631.875 11143.125 11633.125 11144.375 11634.375 11145.625 11635.625 11146.875 11636.875 11148.125 11638.125 11149.375 11639.375 11150.625 11640.625 11151.875 11641.875 11153.125 11643.125 11154.375 11644.375 11155.625 11645.625 11156.875 11646.875 11158.125 11648.125 11159.375 11649.375 11160.625 11650.625 11161.875 11651.875 11163.125 11653.125 11164.375 11654.375 11165.625 11655.625 11166.875 11656.875 11168.125 11658.125 11169.375 11659.375 11170.625 11660.625 11171.875 11661.875 11173.125 11663.125 11174.375 11664.375 11175.625 11665.625 11176.875 11666.875 11178.125 11668.125 11179.375 11669.375 11180.625 11680.625 11181.875 11681.875 11183.125 11683.125 11184.375 11684.375 11185.625 11685.625 11186.875 11686.875 11188.125 11688.125 11189.375 11689.375 11190.625 11690.625 11191.875 11691.875 11193.125 11693.125 11194.375 11694.375 11195.625 11695.625 11196.875 11696.875 11198.125 11698.125 11199.375 11699.375 ( 2 ) 2.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 11131.25 11621.25 11133.75 11623.75 11136.25 11626.25 11138.75 11628.75 11141.25 11631.25 11143.75 11633.75 11146.25 11636.25 11148.75 11638.75 11151.25 11641.25 11153.75 11643.75 11156.25 11646.25 11158.75 11648.75 11161.25 11651.25 11163.75 11653.75 11166.25 11656.25 11168.75 11658.75 11171.25 11661.25 11173.75 11663.75 11176.25 11666.25 11178.75 11668.75 11181.25 11681.25 11183.75 11683.75 11186.25 11686.25 11188.75 11688.75 11191.25 11691.25 11193.75 11693.75 11196.25 11696.25 11198.75 11698.75 ( 3 ) 3.75 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 11133.125 11623.125 11138.125 11628.125 11143.125 11633.125 11148.125 11638.125 11153.125 11643.125 11158.125 11648.125 11163.125 11653.125 11168.125 11658.125 11173.125 11663.125 11178.125 11668.125 11183.125 11683.125 11188.125 11688.125 11193.125 11693.125 11198.125 11698.125 ( 4 ) 5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 11132.5 11622.5 11137.5 11627.5 11142.5 11632.5 11147.5 11637.5 11152.5 11642.5 11157.5 11647.5 11162.5 11652.5 11167.5 11657.5 11172.5 11662.5 11177.5 11667.5 11182.5 11682.5 11187.5 11687.5 11192.5 11692.5 11197.5 11697.5 ( 5 ) 10 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10705 11205 10715 11215 10725 2 1 11675 10735 11225 10745 11235 10755 11245 10765 11255 10775 11265 10785 11275 10795 11285 10805 11295 10815 11305 10825 11315 10835 11325 10845 11335 10855 11345 10865 11355 10875 11365 10885 11375 10895 11385 10905 11395 10915 11405 10925 11415 10935 11425 10945 11435 10955 11445 10965 11455 10975 11465 10985 11475 10995 11485 11005 11495 11015 11505 11025 11515 11035 11525 11045 11535 11055 11545 11065 11555 11075 11565 11085 11575 11095 11585 11105 11595 11115 11605 11125 11615 11135 1 1 11625 11145 1 1 11635 11155 1 1 11645 11165 1 1 11655 11175 1 1 11665 11185 1 1 11685 11195 1 1 11695 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. 2 These frequencies may be assigned for unpaired use. ( 6 ) 30 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10715 11215 10755 11245 10795 11285 10835 11325 10875 11365 10915 11405 10955 11445 10995 11485 11035 11525 11075 11565 11115 11605 11155 1 1 11645 11185 1 1 11685 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. ( 7 ) 40 MHz bandwidth channels: 2 Transmit (receive) (MHz) Receive (transmit) (MHz) 10735 11225 10775 11265 10815 11305 10855 11345 10895 11385 10935 11425 10975 11465 11015 11505 11055 11545 11095 11585 11135 1 1 11625 11175 1 1 11665 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. 2 In congested areas where 40 MHz channels block most 30 MHz channels, radios authorized for 30 MHz bandwidths may use the 40 MHz channels. In uncongested areas, 30 MHz channels should be used. ( 8 ) 80 MHz bandwidth channels: 1 Transmit (receive) (MHz) Receive (transmit) (MHz) 10755 11245 10835 11325 10915 11405 10995 11485 11075 11565 11155 11645 ( p ) 12,200 to 13,150 MHz — ( 1 ) 12,000-12,700 MHz. The Commission has allocated the 12.2-12.7 GHz band for use by the Direct Broadcast Satellite Service (DBS), the Multichannel Video Distribution and Data Service (MVDDS), and the Non-Geostationary Satellite Orbit Fixed Satellite Service (NGSO FSS). MVDDS shall be licensed on a non-harmful interference co-primary basis to existing DBS operations and on a co-primary basis with NGSO FSS stations in this band. MVDDS use can be on a common carrier and/or non-common carrier basis and can use channels of any desired bandwidth up to the maximum of 500 MHz provided the EIRP does not exceed 14 dBm per 24 megahertz. Private operational fixed point-to-point microwave stations authorized after September 9, 1983, are licensed on a non-harmful interference basis to DBS and are required to make any and all adjustments necessary to prevent harmful interference to operating domestic DBS receivers. Incumbent public safety licensees shall be afforded protection from MVDDS and NGSO FSS licensees, however all other private operational fixed licensees shall be secondary to DBS, MVDDS and NGSO FSS licensees. As of May 23, 2002, the Commission no longer accepts applications for new licenses for point-to-point private operational fixed stations in this band, however, incumbent licensees and previously filed applicants may file applications for minor modifications and amendments (as defined in § 1.929 of this chapter ) thereto, renewals, transfer of control, or assignment of license. Notwithstanding any other provisions, no private operational fixed point-to-point microwave stations are permitted to cause harmful interference to broadcasting-satellite stations of other countries operating in accordance with the Region 2 plan for the Broadcasting-Satellite Service established at the 1983 WARC. ( 2 ) 12,700 to 13,150 MHz. 50 MHz authorized bandwidth. ( i ) 5 MHz channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12702.5 12927.5 12707.5 12932.5 12712.5 12937.5 12717.5 12942.5 12722.5 12947.5 12727.5 12952.5 12732.5 12957.5 12737.5 12962.5 12742.5 12967.5 12747.5 12972.5 12752.5 12977.5 12757.5 12982.5 12762.5 12987.5 12767.5 12992.5 12772.5 12997.5 12777.5 13002.5 12782.5 13007.5 12787.5 13012.5 12792.5 13017.5 12797.5 13022.5 12802.5 13027.5 12807.5 13032.5 12812.5 13037.5 12817.5 13042.5 12822.5 13047.5 12827.5 13052.5 12832.5 13057.5 12837.5 13062.5 12842.5 13067.5 12847.5 13072.5 12852.5 13077.5 12857.5 13082.5 12862.5 13087.5 12867.5 13092.5 12872.5 13097.5 12877.5 13102.5 12882.5 13107.5 12887.5 13112.5 12892.5 13117.5 12897.5 13122.5 12902.5 13127.5 12907.5 13132.5 12912.5 13137.5 12917.5 13142.5 12922.5 13147.5 ( ii ) 8.33 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12704.165 12929.165 12712.495 12937.495 12720.825 12945.825 12729.155 12954.155 12737.485 12962.485 12745.815 12970.815 12754.145 12979.145 12762.475 12987.475 12770.805 12995.805 12779.135 13004.135 12787.465 13012.465 12795.795 13020.795 12804.125 13029.125 12812.455 13037.455 12820.785 13045.785 12829.115 13054.115 12837.445 13062.445 12845.775 13070.775 12854.105 13079.105 12862.435 13087.435 12870.765 13095.765 12879.095 13104.095 12887.425 13112.425 12895.755 13120.755 12904.085 13129.085 12912.415 13137.415 ( iii ) 12.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12706.25 12931.25 12718.75 12943.75 12731.25 12956.25 12743.75 12968.75 12756.25 12981.25 12768.75 12993.75 12781.25 13006.25 12793.75 13018.75 12806.25 13031.25 12818.75 13043.75 12831.25 13056.25 12843.75 13068.75 12856.25 13081.25 12868.75 13093.75 12881.25 13106.25 12893.75 13118.75 12906.25 13131.25 12918.75 13143.75 ( iv ) 25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12712.5 12937.5 12737.5 12962.5 12762.5 12987.5 12787.5 13012.5 12812.5 13037.5 12837.5 13062.5 12862.5 13087.5 12887.5 13112.5 12912.5 13137.5 ( v ) 50 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12725 12950 12775 13000 12825 13050 12875 13100 ( q ) Special provisions for incumbent low power, limited coverage systems in the band segments 12.2-12.7 GHz. ( 1 ) As of May 23, 2002, the Commission no longer accepts applications for new stations in this service and incumbent stations may remain in service provided they do not cause harmful interference to any other primary services licensed in this band as described in paragraph (p) of this section. However, incumbent licensees and previously filed applicants may file applications for minor modifications and amendments (as defined in § 1.929 of this chapter ) thereto, renewals, transfer of control, or assignment of license. ( 2 ) Prior to December 8, 2000, notwithstanding any contrary provisions in this part, the frequency pairs 12.220/12.460 GHz, 12.260/12.500 GHz, 12.300/12.540 GHz and 12.340/12.580 GHz, were authorized for low power, limited coverage systems subject to the following provisions: ( i ) Maximum equivalent isotropically radiated power (EIRP) shall be 55 dBm; ( ii ) The rated transmitter output power shall not exceed 0.5 watts; ( iii ) Frequency tolerance shall be maintained to within 0.01 percent of the assigned frequency; ( iv ) Maximum beamwidth shall not exceed 4 degrees. However, the sidelobe suppression criteria contained in § 101.115 shall not apply, except that a minimum front-to-back ratio of 38 dB shall apply; ( v ) Upon showing of need, a maximum bandwidth of 12 MHz may be authorized per frequency assigned; ( vi ) Radio systems authorized under the provisions of this section shall have no more than three hops in tandem, except upon showing of need, but in any event the maximum tandem length shall not exceed 40 km (25 miles); ( vii ) Interfering signals at the receiver antenna terminals of stations authorized under this section shall not exceed −90 dBm and −70 dBm respectively, for co-channel and adjacent channel interfering signals, and ( viii ) Stations authorized under the provisions of this section shall provide the protection from interference specified in § 101.105 to stations operating in accordance with the provisions of this part. ( r ) 17,700 to 19,700 and 24,250 to 25,250 MHz: Operation of stations using frequencies in these bands is permitted to the extent specified in this paragraph. Until November 19, 2012, stations operating in the band 18.3-18.58 GHz that were licensed or had applications pending before the Commission as of November 19, 2002 shall operate on a shared co-primary basis with other services under parts 21 , 25 , 74 , and 78 of this chapter . Until October 31, 2011, operations in the band 19.26-19.3 GHz and low power systems operating pursuant to paragraph (r)(10) of this section shall operate on a co-primary basis. Until June 8, 2010, stations operating in the band 18.58-18.8 GHz that were licensed or had applications pending before the Commission as of June 8, 2000 may continue those operations on a shared co-primary basis with other services under parts 21 , 25 , 74 , and 78 of this chapter . Until June 8, 2010, stations operating in the band 18.8-19.3 GHz that were licensed or had applications pending before the Commission as of September 18, 1998 may continue those operations on a shared co-primary basis with other services under parts 21 , 25 , 74 , and 78 of this chapter . After November 19, 2012, stations operating in the band 18.3-18.58 GHz are not entitled to protection from fixed-satellite service operations and must not cause unacceptable interference to fixed-satellite service station operations. After June 8, 2010, operations in the 18.58-19.30 GHz band are not entitled to protection from fixed-satellite service operations and must not cause unacceptable interference to fixed-satellite service station operations. After November 19, 2002, no applications for new stations for 47 CFR part 101 licenses will be accepted in the 18.3-18.58 GHz band. After June 8, 2000, no applications for new stations for 47 CFR part 101 licenses will be accepted in the 18.58-19.3 GHz band. Licensees, except 24 GHz band licensees, may use either a two-way link or one frequency of a frequency pair for a one-way link and must coordinate proposed operations pursuant to the procedures required in § 101.103 of this subpart . (Note, however, that stations authorized as of September 9, 1983, to use frequencies in the band 17.7-19.7 GHz may, upon proper application, continue to be authorized for such operations, consistent with the above conditions related to the 18.58-19.3 GHz band.) Applicants for one-way spectrum from 17.7-18.58 GHz for multichannel video programming distribution are governed by paragraph (r)(6) of this section. Licensees are also allowed to use one-way (unpaired) channels in the 17.7-17.74 GHz sub-band to pair with other channels in the FS portions of the 18 GHz band where, for example, the return pair is already in use and therefore blocked or in TDD systems. Stations used for MVPD operations in the 17.7-17.8 GHz band must coordinate with the Federal Government before operating in the zones specified in § 1.924(e) of this chapter . ( 1 ) 1.25 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 17700.625 NA 17701.875 NA 17703.125 NA 17704.375 NA 17705.625 NA 17706.875 NA 17708.125 NA 17709.375 NA 17710.625 NA 17711.875 NA 17713.125 NA 17714.375 NA 17715.625 NA 17716.875 NA 17718.125 NA 17719.375 NA 17721.625 NA 17722.875 NA 17723.125 NA 17724.375 NA 17725.625 NA 17726.875 NA 17728.125 NA 17729.375 NA 17730.625 NA 17731.875 NA 17733.125 NA 17734.375 NA 17735.625 NA 17736.875 NA 17738.125 NA 17739.375 NA 18060.625 19620.625 18061.875 19621.875 18063.125 19623.125 18064.375 19624.375 18065.625 19625.625 18066.875 19626.875 18068.125 19628.125 18069.375 19629.375 18070.625 19630.625 18071.875 19631.875 18073.125 19633.125 18074.375 19634.375 18075.625 19635.625 18076.875 19636.875 18078.125 19638.125 18079.375 19639.375 18080.625 19640.625 18081.875 19641.875 18083.125 19643.125 18084.375 19644.375 18085.625 19645.625 18086.875 19646.875 18088.125 19648.125 18089.375 19649.375 18090.625 19650.625 18091.875 19651.875 18093.125 19653.125 18094.375 19654.375 18095.625 19655.625 18096.875 19656.875 18098.125 19658.125 18099.375 19659.375 18100.625 19660.625 18101.875 19661.875 18103.125 19663.125 18104.375 19664.375 18105.625 19665.625 18106.875 19666.875 18108.125 19668.125 18109.375 19669.375 18110.625 19670.625 18111.875 19671.875 18113.125 19673.125 18114.375 19674.375 18115.625 19675.625 18116.875 19676.875 18118.125 19678.125 18119.375 19679.375 18120.625 19680.625 18121.875 19681.875 18123.125 19683.125 18124.375 19684.375 18125.625 19685.625 18126.875 19686.875 18128.125 19688.125 18129.375 19689.375 18130.625 19690.625 18131.875 19691.875 18133.125 19693.125 18134.375 19694.375 18135.625 19695.625 18136.875 19696.875 18138.125 19698.125 18139.375 19699.375 ( 2 ) 2 Megahertz maximum authorized bandwidth channel: Transmit (receive) (MHz) Receive (transmit) (MHz) 18141.0 N/A ( 3 ) 2.5 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 17701.25 N/A 17703.75 N/A 17706.25 N/A 17708.75 N/A 17711.25 N/A 17713.75 N/A 17716.25 N/A 17718.75 N/A 17721.25 N/A 17723.75 N/A 17726.25 N/A 17728.75 N/A 17731.25 N/A 17733.75 N/A 17736.25 N/A 17738.75 N/A 18061.25 19621.25 18063.75 19623.75 18066.25 19626.25 18068.75 19628.75 18071.25 19631.25 18073.75 19633.75 18076.25 19636.25 18078.75 19638.75 18081.25 19641.25 18083.75 19643.75 18086.25 19646.25 18088.75 19648.75 18091.25 19651.25 18093.75 19653.75 18096.25 19656.25 18098.75 19658.75 18101.25 19661.25 18103.75 19663.75 18106.25 19666.25 18108.75 19668.75 18111.25 19671.25 18113.75 19673.75 18116.25 19676.25 18118.75 19678.75 18121.25 19681.25 18123.75 19683.75 18126.25 19686.25 18128.75 19688.75 18131.25 19691.25 18133.75 19693.75 18136.25 19696.25 18138.75 19698.75 ( 4 ) 5 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 340 Megahertz Separation (* channels are no longer available on a primary basis) 18762.5* 19102.5* 18767.5* 19107.5* 18772.5* 19112.5* 18777.5* 19117.5* 18782.5* 19122.5* 18787.5* 19127.5* 18792.5* 19132.5* 18797.5* 19137.5* 18802.5* 19142.5* 18807.5* 19147.5* 18812.5* 19152.5* 18817.5* 19157.5* ( 5 ) 5 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation 17702.5 N/A 17707.5 N/A 17712.5 N/A 17717.5 N/A 17722.5 N/A 17727.5 N/A 17732.5 N/A 17737.5 N/A 18062.5 19622.5 18067.5 19627.5 18072.5 19632.5 18077.5 19637.5 18082.5 19642.5 18087.5 19647.5 18092.5 19652.5 18097.5 19657.5 18102.5 19662.5 18107.5 19667.5 18112.5 19672.5 18117.5 19677.5 18122.5 19682.5 18127.5 19687.5 18132.5 19692.5 18137.5 19697.5 ( 6 ) MVPD use: Multichannel video programming distributors (MVPDs) can use any size channels for one-way operations in the 17.7-18.58 GHz band for any permissible communications specified for this band in § 101.603 provided that they have coordinated the appropriate emission designators and power, but must request contiguous spectrum (minus spectrum that is already licensed or prior coordinated in the area and thus blocked). MVPD systems must meet the efficiency requirements of § 101.141 . Spectrum at 18.3-18.58 GHz is only available for grandfathered stations. See § 101.85 . ( 7 ) 10 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation (* channels are no longer available on a primary basis) 17705.0 19265.0* 17715.0 19275.0* 17725.0 19285.0* 17735.0 19295.0* 17745.0 19305.0 17755.0 19315.0 17765.0 19325.0 17775.0 19335.0 17785.0 19345.0 17795.0 19355.0 17805.0 19365.0 17815.0 19375.0 17825.0 19385.0 17835.0 19395.0 17845.0 19405.0 17855.0 19415.0 17865.0 19425.0 17875.0 19435.0 17885.0 19445.0 17895.0 19455.0 17905.0 19465.0 17915.0 19475.0 17925.0 19485.0 17935.0 19495.0 17945.0 19505.0 17955.0 19515.0 17965.0 19525.0 17975.0 19535.0 17985.0 19545.0 17995.0 19555.0 18005.0 19565.0 18015.0 19575.0 18025.0 19585.0 18035.0 19595.0 18045.0 19605.0 18055.0 19615.0 18065.0 19625.0 18075.0 19635.0 18085.0 19645.0 18095.0 19655.0 18105.0 19665.0 18115.0 19675.0 18125.0 19685.0 18135.0 19695.0 340 Megahertz Separation 18585.0* 18925.0* 18595.0* 18935.0* 18605.0* 18945.0* 18615.0* 18955.0* 18625.0* 18965.0* 18635.0* 18975.0* 18645.0* 18985.0* 18655.0* 18995.0* 18665.0* 19005.0* 18675.0* 19015.0* 18685.0* 19025.0* 18695.0* 19035.0* 18705.0* 19045.0* 18715.0* 19055.0* 18725.0* 19065.0* 18735.0* 19075.0* 18745.0* 19085.0* 18755.0* 19095.0* 18765.0* 19105.0* 18775.0* 19115.0* 18785.0* 19125.0* 18795.0* 19135.0* 18805.0* 19145.0* 18815.0* 19155.0* ( 8 ) 20 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation (* channels are no longer available on a primary basis) 17710.0 19270.0* 17730.0 19290.0* 17750.0 19310.0 17770.0 19330.0 17790.0 19350.0 17810.0 19370.0 17830.0 19390.0 17850.0 19410.0 17870.0 19430.0 17890.0 19450.0 17910.0 19470.0 17930.0 19490.0 17950.0 19510.0 17970.0 19530.0 17990.0 19550.0 18010.0 19570.0 18030.0 19590.0 18050.0 19610.0 18070.0 19630.0 18090.0 19650.0 18110.0 19670.0 18130.0 19690.0 340 Megahertz Separation 18590.0* 18930.0* 18610.0* 18950.0* 18630.0* 18970.0* 18650.0* 18990.0* 18670.0* 19010.0* 18690.0* 19030.0* 18710.0* 19050.0* 18730.0* 19070.0* 18750.0* 19090.0* 18770.0* 19110.0* 18790.0* 19130.0* 18810.0* 19150.0* ( 9 ) 30 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation 17715.0 N/A 17755.0 19315.0 17785.0 19345.0 17815.0 19375.0 17845.0 19405.0 17875.0 19435.0 17905.0 19465.0 17935.0 19495.0 17965.0 19525.0 17995.0 19555.0 18025.0 19585.0 18055.0 19615.0 18085.0 19645.0 18115.0 19675.0 ( 10 ) 40 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation (* channels are no longer available on a primary basis) 17720.0 19280.0* 17760.0 19320.0 17800.0 19360.0 17840.0 19400.0 17880.0 19440.0 17920.0 19480.0 17960.0 19520.0 18000.0 19560.0 18040.0 19600.0 18080.0 19640.0 18120.0 19680.0 ( 11 ) 50 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation 17765.0 19325.0 17815.0 19375.0 17865.0 19425.0 17915.0 19475.0 17965.0 19525.0 18015.0 19575.0 18065.0 19625.0 18115.0 19675.0 ( 12 ) 80 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation (* channels are no longer available on a primary basis) 17740.0 19300.0* 17820.0 19380.0 17900.0 19460.0 17980.0 19540.0 18060.0 19620.0 ( 13 ) The following frequencies on channels 35-39 are available for point-to-multipoint systems and are available by geographic area licensing in the 24 GHz Service to be used as the licensee desires. The 24 GHz spectrum can be aggregated or disaggregated and does not have to be used in the transmit/receive manner shown except to comply with international agreements along the U.S. borders. Channels 35 through 39 are licensed in the 24 GHz Service by Economic Areas for any digital fixed service. Channels may be used at either nodal or subscriber station locations for transmit or receive but must be coordinated with adjacent channel and adjacent area users in accordance with the provisions of § 101.509 of this subpart . Stations also must comply with international coordination agreements. Channel No. Nodal station frequency band (MHz) limits User station frequency band (MHz) limits (* channels are no longer available on a primary basis) 25 18,820-18,830 19,160-19,170* 26 18,830-18,840 19,170-19,180* 27 18,840-18,850 19,180-19,190* 28 18,850-18,860 19,190-19,200* 29 18,860-18,870 19,200-19,210* 30 18,870-18,880 19,210-19,220* 31 18,880-18,890 19,220-19,230* 32 18,890-18,900 19,230-19,240* 33 18,900-18,910 19,240-19,250* 34 18,910-18,920 19,250-19,260* 35 24,250-24,290 25,050-25,090 36 24,290-24,330 25,090-25,130 37 24,330-24,370 25,130-25,170 38 24,370-24,410 25,170-25,210 39 24,410-24,450 25,210-25,250 ( 14 ) Special provision for low power systems in the 17,700-19,700 MHz band: Notwithstanding other provisions in 47 CFR part 101 and except for specified areas around Washington, DC, and Denver, Colorado, licensees of point-to-multipoint channel pairs 25-29 identified in paragraph (r)(13) of this section may continue to operate in accordance with the requirements of § 101.85 and may operate multiple low power transmitting devices within a defined service area. Operations are prohibited within 55 km when used outdoor and within 20 km when used indoor of the coordinates 38 deg.48′ N/76 deg.52′ W (Washington, DC area) and 39 deg.43′ N/104 deg.46′ W (Denver, Colorado area). The service area will be a 28 kilometer omni directional radius originating from specified center reference coordinates. The specified center coordinates must be no closer than 56 kilometers from any co-channel nodal station or the specified center coordinates of another co-channel system. Applicants/licensees do not need to specify the location of each individual transmitting device operating within their defined service areas. Such operations are subject to the following requirements on the low power transmitting devices: ( i ) Power must not exceed one watt EIRP and 100 milliwatts transmitter output power; ( ii ) A frequency tolerance of 0.001% must be maintained; and ( iii ) The mean power of emissions shall be attenuated in accordance with the following schedule: ( A ) In any 4 kHz band, the center frequency of which is removed from the center frequency of the assigned channel by more than 50 percent of the channel bandwidth and is within the bands 18,820-18,870 MHz or 19,160-19,210 MHz: A = 35 + .003 (F−0.5B) dB or, 80 dB (whichever is the lesser attenuation). Where: A = Attenuation (in decibels) below output power level contained within the channel for a given polarization. B = Bandwidth of channel in kHz. F = Absolute value of the difference between the center frequency of the 4 kHz band measured at the center frequency of the channel in kHz. ( B ) In any 4 kHz band the center frequency of which is outside the bands 18.820-18.870 GHz: At least 43 + 10 log P (mean output power in watts) decibels. ( iv ) Low power stations authorized in the band 18.8-19.3 GHz after June 8, 2000, are restricted to indoor use only. No new licenses will be authorized for applications received after April 1, 2002. ( s ) 21,200 to 23,600 MHz: 50 MHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) (1) 2.5 MHz bandwidth channels: 21601.25 22801.25 21603.75 22803.75 21606.25 22806.25 21608.75 22808.75 21611.25 22811.25 21613.75 22813.75 21616.25 22816.25 21618.75 22818.75 21621.25 22821.25 21623.75 22823.75 21626.25 22826.25 21628.75 22828.75 21631.25 22831.25 21633.75 22833.75 21636.25 22836.25 21638.75 22838.75 21641.25 22841.25 21643.75 22843.75 21646.25 22846.25 21648.75 22848.75 21651.25 22851.25 21653.75 22853.75 21656.25 22856.25 21658.75 22858.75 21661.25 22861.25 21663.75 22863.75 21666.25 22866.25 21668.75 22868.75 21671.25 22871.25 21673.75 22873.75 21676.25 22876.25 21678.75 22878.75 21681.25 22881.25 21683.75 22883.75 21686.25 22886.25 21688.75 22888.75 21691.25 22891.25 21693.75 22893.75 21696.25 22896.25 21698.75 22898.75 21701.25 22901.25 21703.75 22903.75 21706.25 22906.25 21708.75 22908.75 21711.25 22911.25 21713.75 22913.75 21716.25 22916.25 21718.75 22918.75 21721.25 22921.25 21723.75 22923.75 21726.25 22926.25 21728.75 22928.75 21731.25 22931.25 21733.75 22933.75 21736.25 22936.25 21738.75 22938.75 21741.25 22941.25 21743.75 22943.75 21746.25 22946.25 21748.75 22948.75 21751.25 22951.25 21753.75 22953.75 21756.25 22956.25 21758.75 22958.75 21761.25 22961.25 21763.75 22963.75 21766.25 22966.25 21768.75 22968.75 21771.25 22971.25 21773.75 22973.75 21776.25 22976.25 21778.75 22978.75 21781.25 22981.25 21783.75 22983.75 21786.25 22986.25 21788.75 22988.75 21791.25 22991.25 21793.75 22993.75 21796.25 22996.25 21798.75 22998.75 22301.25 23501.25 22303.75 23503.75 22306.25 23506.25 22308.75 23508.75 22311.25 23511.25 22313.75 23513.75 22316.25 23516.25 22318.75 23518.75 22321.25 23521.25 22323.75 23523.75 22326.25 23526.25 22328.75 23528.75 22331.25 23531.25 22333.75 23533.75 22336.25 23536.25 22338.75 23538.75 22341.25 23541.25 22343.75 23543.75 22346.25 23546.25 22348.75 23548.75 22351.25 23551.25 22353.75 23553.75 22356.25 23556.25 22358.75 23558.75 22361.25 23561.25 22363.75 23563.75 22366.25 23566.25 22368.75 23568.75 22371.25 23571.25 22373.75 23573.75 22376.25 23576.25 22378.75 23578.75 22381.25 23581.25 22383.75 23583.75 22386.25 23586.25 22388.75 23588.75 22391.25 23591.25 22393.75 23593.75 22396.25 23596.25 22398.75 23598.75 (2) 5 MHz bandwidth channels: 21602.5 22802.5 21607.5 22807.5 21612.5 22812.5 21617.5 22817.5 21622.5 22822.5 21627.5 22827.5 21632.5 22832.5 21637.5 22837.5 21642.5 22842.5 21647.5 22847.5 21652.5 22852.5 21657.5 22857.5 21662.5 22862.5 21667.5 22867.5 21672.5 22872.5 21677.5 22877.5 21682.5 22882.5 21687.5 22887.5 21692.5 22892.5 21697.5 22897.5 21702.5 22902.5 21707.5 22907.5 21712.5 22912.5 21717.5 22917.5 21722.5 22922.5 21727.5 22927.5 21732.5 22932.5 21737.5 22937.5 21742.5 22942.5 21747.5 22947.5 21752.5 22952.5 21757.5 22957.5 21762.5 22962.5 21767.5 22967.5 21772.5 22972.5 21777.5 22977.5 21782.5 22982.5 21787.5 22987.5 21792.5 22992.5 21797.5 22997.5 22302.5 23502.5 22307.5 23507.5 22312.5 23512.5 22317.5 23517.5 22322.5 23522.5 22327.5 23527.5 22332.5 23532.5 22337.5 23537.5 22342.5 23542.5 22347.5 23547.5 22352.5 23552.5 22357.5 23557.5 22362.5 23562.5 22367.5 23567.5 22372.5 23572.5 22377.5 23577.5 22382.5 23582.5 22387.5 23587.5 22392.5 23592.5 22397.5 23597.5 (3) 10 MHz bandwidth channels: 21205 22405 21215 22415 21225 22425 21235 22435 21245 22445 21255 22455 21265 22465 21275 22475 21285 22485 21295 22495 21305 22505 21315 22515 21325 22525 21335 22535 21345 22545 21355 22555 21365 22565 21375 22575 21385 22585 21395 22595 21405 22605 21415 22615 21425 22625 21435 22635 21445 22645 21455 22655 21465 22665 21475 22675 21485 22685 21495 22695 21505 22705 21515 22715 21525 22725 21535 22735 21545 22745 21555 22755 21565 22765 21575 22775 21585 22785 21595 22795 21605 1 1 22805 21615 1 1 22815 21625 1 1 22825 21635 1 1 22835 21645 1 1 22845 21655 1 1 22855 21665 1 1 22865 21675 1 1 22875 21685 1 1 22885 21695 1 1 22895 21705 1 1 22905 21715 1 1 22915 21725 1 1 22925 21735 1 1 22935 21745 1 1 22945 21755 1 1 22955 21765 1 1 22965 21775 1 1 22975 21785 1 1 22985 21795 1 1 22995 21805 2 2 23005 21815 2 2 23015 21825 2 2 23025 21835 2 2 23035 21845 2 2 23045 21855 2 2 23055 21865 2 2 23065 21875 2 2 23075 21885 2 2 23085 21895 2 2 23095 21905 2 2 23105 21915 2 2 23115 21925 2 2 23125 21935 2 2 23135 21945 2 2 23145 21955 2 2 23155 21965 2 2 23165 21975 2 2 23175 21985 2 2 23185 21995 2 2 23195 22005 23205 22015 23215 22025 2 23225 2 22035 23235 22045 23245 22055 23255 22065 23265 22075 2 23275 2 22085 23285 22095 23295 22105 23305 22115 23315 22125 23325 22135 23335 22145 23345 22155 23355 22165 23365 22175 23375 22185 23385 22195 23395 22205 23405 22215 23415 22225 23425 22235 23435 22245 23445 22255 23455 22265 23465 22275 23475 22285 23485 22295 23495 22305 1 1 23505 22315 1 1 23515 22325 1 1 23525 22335 1 1 23535 22345 1 1 23545 22355 1 1 23555 22365 1 1 23565 22375 1 1 23575 22385 1 1 23585 22395 1 1 23595 (4) 20 MHz bandwidth channels: 21210 22410 21230 22430 21260 22460 21280 22480 21310 22510 21330 22530 21360 22560 21380 22580 21410 22610 21430 22630 21460 22660 21480 22680 21510 22710 21530 22730 21560 22760 21580 22780 21610 1 1 22810 21630 1 1 22830 21660 1 1 22860 21680 1 1 22880 21710 1 1 22910 21730 1 1 22930 21760 1 1 22960 21780 1 1 22980 21810 2 2 23010 21830 2 2 23030 21860 2 2 23060 21880 2 2 23080 21910 2 2 23110 21930 2 2 23130 21960 2 2 23160 21980 2 2 23180 22010 23210 22030 23230 22060 23260 22080 23280 22110 23310 22130 23330 22160 23360 22180 23380 22210 23410 22230 23430 22260 23460 22280 23480 22310 1 1 23510 22330 1 1 23530 22360 1 1 23560 22380 1 1 23580 (5) 30 MHz bandwidth channels: 21235 22435 21285 22485 21335 22535 21385 22585 21435 22635 21485 22685 21535 22735 21585 22785 21635 1 1 22835 21685 1 1 22885 21735 1 1 22935 21785 1 1 22985 21835 2 2 23035 21885 2 2 23085 21935 2 2 23135 21985 2 2 23185 22035 23235 22085 23285 22135 23335 22185 23385 22235 23435 22285 23485 22335 1 1 23535 22385 1 1 23585 (6) 40 MHz bandwidth channels: 21220 22420 21270 22470 21320 22520 21370 22570 21420 22620 21470 22670 21520 22720 21570 22770 21620 1 1 22820 21670 1 1 22870 21720 1 1 22920 21770 1 1 22970 21820 2 2 23020 21870 2 2 23070 21920 2 2 23120 21970 2 2 23170 22020 23220 22070 23270 22120 23320 22170 23370 22220 23420 22270 23470 22320 1 1 23520 22370 1 1 23570 (7) 50 MHz bandwidth channels: 21225 22425 21275 22475 21325 22525 21375 22575 21425 22625 21475 22675 21525 22725 21575 22775 21625 1 1 22825 21675 1 1 22875 21725 1 1 22925 21775 1 1 22975 21825 2 2 23025 21875 2 2 23075 21925 2 2 23125 21975 2 2 23175 22025 2 23225 2 22075 2 23275 2 22125 23325 22175 23375 22225 23425 22275 23475 22325 1 1 23525 22375 1 1 23575 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. 2 These frequencies may be assigned to low power systems, as defined in paragraph (8) of this section. (8) Special provisions for low power, limited coverage systems in the 21.8-22.0 GHz and 23.0-23.2 GHz band segments. Notwithstanding any contrary provisions in this part, the frequency band segment 21.8-22.0 GHz paired with the frequency band segment 23.0-23.2 GHz may be authorized for low power, limited coverage systems subject to the following provisions: (i) The maximum EIRP shall be 55 dBm and the rated transmitter output power shall not exceed 0.100 Watts; (ii) In the band segments from 21.8-22.0 GHz and 23.0-23.2 GHz, the frequency tolerance for stations authorized on or before April 1, 2005 is 0.05%. Existing licensees and pending applicants on that date may continue to operate after that date with a frequency tolerance of 0.05%, provided that it does not cause harmful interference to the operation of any other licensee. The frequency tolerance of § 101.107(a) shall apply to stations applied for after April 1, 2005; (iii) The maximum beamwidth shall not exceed 4 degrees; (iv) The sidelobe suppression criteria contained in § 101.115 of this part shall not apply, except that a minimum front-to-back ratio of 38 dB shall apply; (v) Upon showing of need, a maximum bandwidth of 50 MHz may be authorized per frequency assigned; (vi) Radio systems authorized under the provisions of this section shall have no more than five hops in tandem, except upon showing of need, but in any event the maximum tandem length shall not exceed 40 km (25 miles); (vii) Interfering signals at the antenna terminals of station authorized under this section shall not exceed −90 dBm and −70 dBm respectively, for co-channel and adjacent channel interfering signals; and (viii) Stations authorized under the provisions of this section shall provide the protection from interference specified in § 101.105 to stations operating in accordance with the provisions of this part. ( t ) 29,100-29,250; 31,000-31,300 MHz. These frequencies are available for LMDS systems. Each assignment will be made on a BTA service area basis, and the assigned spectrum may be subdivided as desired by the licensee. ( u ) 31,000-31,300 MHz. Stations licensed in this band prior to March 11, 1997, may continue their authorized operations, subject to license renewal, on the condition that harmful interference will not be caused to LMDS operations licensed in this band after June 30, 1997. Non-LMDS stations licensed after March 11, 1997, based on applications refiled no later than June 26, 1998 are unprotected and subject to harmful interference from each other and from stations licensed prior to March 11, 1997, and are licensed on a secondary basis to LMDS. In the sub-bands 31,000-31,075 MHz and 31,225-31,300 MHz, stations initially licensed prior to March 11, 1997, except in LTTS, and LMDS operations authorized after June 30, 1997, are equally protected against harmful interference from each other in accordance with the provisions of § 101.103(b) . For stations, except in LTTS, permitted to relocate to these sub-bands, the following paired frequencies are available: Transmit (receive) (MHz) Receive (transmit) (MHz) (1) 25 MHz Authorized Bandwidth Channels 31,012.5 31,237.5 31,037.5 31,262.5 31,062.5 31,287.5 (2) 75 MHz Authorized Bandwidth Channel 31,037.5 31,275.0 Note to ( u ): These channels are assigned for use within a rectangular service area to be described in the application by the maximum and minimum latitudes and longitudes. Such service area must be as small as practical consistent with the local service requirements of the carrier. These frequency plans may be subdivided as desired by the licensee and used within the service area as desired without further authorization subject to the terms and conditions set forth in § 101.149 . These frequencies may be assigned only where it is shown that the applicant will have reasonable projected requirements for a multiplicity of service points or transmission paths within the area. ( v ) [Reserved] ( w ) Fixed systems licensed, in operation, or applied for in the 3,700-4,200, 5925-6425, 6,525-6,875, 10,550-10,680, and 10,700-11,700 MHz bands prior to July 15, 1993, are permitted to use channel plans in effect prior to that date, including adding channels under those plans. ( x ) Operations on other than the listed frequencies may be authorized where it is shown that the objectives or requirements of the interference criteria prescribed in § 101.105 could not otherwise be met to resolve the interference problems. ( y ) Special requirements for operations in the band 29.1-29.25 GHz. ( 1 ) ( i ) LMDS receive stations operating on frequencies in the 29.1-29.25 GHz band within a radius of 75 nautical miles of the geographic coordinates provided by a non-GSO MSS licensee pursuant to paragraphs (c)(2) or (c)(3)(i) of this section (the “feeder link earth station complex protection zone”) shall accept any interference caused to them by such earth station complexes and shall not claim protection from such earth station complexes. ( ii ) LMDS licensees operating on frequencies in the 29.1-29.25 GHz band outside a feeder link earth station complex protection zone shall cooperate fully and make reasonable efforts to resolve technical problems with the non-GSO MSS licensee to the extent that transmissions from the non-GSO MSS operator's feeder link earth station complex interfere with an LMDS receive station. ( 2 ) No more than 15 days after the release of a public notice announcing the commencement of LMDS auctions, feeder link earth station complexes to be licensed pursuant to Section 25.257 shall be specified by a set of geographic coordinates in accordance with the following requirements: no feeder link earth station complex may be located in the top eight (8) metropolitan statistical areas (“MSAs”), ranked by population, as defined by the Office of Management and Budget as of June 1993, using estimated populations as of December 1992; two (2) complexes may be located in MSAs 9 through 25, one of which must be Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51 to 100, one of which must be Honolulu, Hawaii (for a complex at Waimea); and the three (3) remaining complexes must be located at least 75 nautical miles from the borders of the 100 largest MSAs or in any MSA not included in the 100 largest MSAs. Any location allotted for one range of MSAs may be taken from an MSA below that range. ( 3 ) ( i ) Any non-GSO MSS licensee may at any time specify sets of geographic coordinates for feeder link earth station complexes with each earth station contained therein to be located at least 75 nautical miles from the borders of the 100 largest MSAs. ( ii ) For purposes of paragraph (c)(3)(i) of this section, non-GSO MSS feeder link earth station complexes shall be entitled to accommodation only if the affected non-GSO MSS licensee preapplies to the Commission for a feeder link earth station complex or certifies to the Commission within sixty days of receiving a copy of an LMDS application that it intends to file an application for a feeder link earth station complex within six months of the date of receipt of the LMDS application. ( iii ) If said non-GSO MSS licensee application is filed later than six months after certification to the Commission, the LMDS and non-GSO MSS entities shall still cooperate fully and make reasonable efforts to resolve technical problems, but the LMDS licensee shall not be obligated to re-engineer its proposal or make changes to its system. ( 4 ) LMDS licensees or applicants proposing to operate hub stations on frequencies in the 29.1-29.25 GHz band at locations outside of the 100 largest MSAs or within a distance of 150 nautical miles from a set of geographic coordinates specified under paragraph (c)(2) or (c)(3)(i) of this section shall serve copies of their applications on all non-GSO MSS applicants, permitees or licensees meeting the criteria specified in § 25.257(a) . Non-GSO MSS licensees or applicants shall serve copies of their feeder link earth station applications, after the LMDS auction, on any LMDS applicant or licensee within a distance of 150 nautical miles from the geographic coordinates that it specified under paragraph (c)(2) or (c)(3)(i) of this section. Any necessary coordination shall commence upon notification by the party receiving an application to the party who filed the application. The results of any such coordination shall be reported to the Commission within sixty days. The non-GSO MSS earth station licensee shall also provide all such LMDS licensees with a copy of its channel plan. ( z ) 71,000-76,000 MHz; 81,000-86,000 MHz; 92,000-94,000 MHz; 94,100-95,000 MHz. ( 1 ) Those applicants who are approved in accordance with FCC Form 601 will each be granted a single, non-exclusive nationwide license. Site-by-site registration is on a first-come, first-served basis. Registration will be in the Universal Licensing System until the Wireless Telecommunications Bureau announces by public notice, the implementation of a third-party database. See 47 CFR 101.1523 . Links may not operate until NTIA approval is received. Licensees may use these bands for any point-to-point non-broadcast service. ( 2 ) Prior links shall be protected using the interference protection criteria set forth in section 101.105 . For transmitters employing digital modulation techniques and operating in the 71,000-76,000 MHz or 81,000-86,000 MHz bands, the licensee must construct a system that meets a minimum bit rate of 0.125 bits per second per Hertz of bandwidth. For transmitters that operate in the 92,000-94,000 MHz or 94,100-95,000 MHz bands, licensees must construct a system that meets a minimum bit rate of 1.0 bit per second per Hertz of bandwidth. If it is determined that a licensee has not met these loading requirements, then the database will be modified to limit coordination rights to the spectrum that is loaded and the licensee will lose protection rights on spectrum that has not been loaded. ( 3 ) The following channel plans apply to the 71,000-76,000 MHz and 81,000-86,000 MHz bands: ( i ) 250 MHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71250 81250 71500 81500 71750 81750 72000 82000 72250 82250 72500 82500 72750 82750 73000 83000 73250 83250 73500 83500 73750 83750 74000 84000 74250 84250 74500 84500 74750 84750 75000 85000 75250 85250 75500 85500 75750 85750 ( ii ) 500 MHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71375 81375 71875 81875 72375 82375 72875 82875 73375 83375 73875 83875 74375 84375 74875 84875 75375 85375 ( iii ) 750 MHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71500 81500 72250 82250 73000 83000 73750 83750 74500 84500 75250 85250 ( iv ) 1 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71625 81625 72625 82625 74125 84125 75125 85125 ( v ) 1.25 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71750 81750 73000 83000 74250 84250 ( vi ) 1.5 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71875 81875 74375 84375 ( vii ) 1.75 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72000 82000 74500 84500 ( viii ) 2.0 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72125 82125 74625 84625 ( ix ) 2.25 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72250 82250 74750 84750 ( x ) 2.5 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72375 82375 ( xi ) 2.75 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72500 82500 ( xii ) 3 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72625 82625 ( xiii ) 3.25 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72750 82750 ( xiv ) 3.5 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72875 82875 ( xv ) 3.75 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 73000 83000 ( xvi ) 4 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 73125 83125 ( xvii ) 4.25 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 73250 83250 ( xviii ) 4.5 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 73375 83375 [ 61 FR 26677 , May 28, 1996] Editorial Note Editorial Note: For Federal Register citations affecting § 101.147 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 101.149 [Reserved] § 101.151 Use of signal boosters. Private operational-fixed licensees authorized to operate multiple address systems in the 928-929/952-960 MHz and 932-932.5/941-941.5 MHz bands may employ signal boosters at fixed locations in accordance with the following criteria: ( a ) The amplified signal is retransmitted only on the exact frequency(ies) of the originating base, fixed, mobile, or portable station(s). The booster will fill in only weak signal areas and cannot extend the system's normal signal coverage area. ( b ) Class A narrowband signal boosters must be equipped with automatic gain control circuitry which will limit the total effective radiated power (ERP) of the unit to a maximum of 5 watts under all conditions. Class B broadband signal boosters are limited to 5 watts ERP for each authorized frequency that the booster is designed to amplify. ( c ) Class A narrowband boosters must meet the out-of-band emission limits of § 101.111 for each narrowband channel that the booster is designed to amplify. Class B broadband signal boosters must meet the emission limits of § 101.111 for frequencies outside of the booster's design passband. ( d ) Class B broadband signal boosters are permitted to be used only in confined or indoor areas such as buildings, tunnels, underground areas, etc., or remote areas, i.e., areas where there is little or no risk of interference to other users. ( e ) The licensee is given authority to operate signal boosters without separate authorization from the Commission. Certificated equipment must be employed and the licensee must ensure that all applicable rule requirements are met. ( f ) Licensees employing either Class A narrowband or Class B broadband signal boosters as defined in § 101.3 are responsible for correcting any harmful interference that the equipment may cause to other systems. [ 61 FR 31052 , June 19, 1996, as amended at 63 FR 36611 , July 7, 1998] Subpart D—Operational Requirements § 101.201 Station inspection. The licensee of each station authorized in the radio services included in this part must make the station available for inspection by representatives of the Commission at any reasonable hour. § 101.203 Communications concerning safety of life and property. ( a ) Handling and transmission of messages concerning the safety of life or property which is in imminent danger must be afforded priority over other messages. ( b ) No person may knowingly cause to be transmitted any false or fraudulent message concerning the safety of life or property, or refuse upon demand immediately to relinquish the use of a radio circuit to enable the transmission of messages concerning the safety of life or property which is in imminent danger, or knowingly interfere or otherwise obstruct the transmission of such messages. § 101.205 Operation during emergency. The licensee of any station in these services may, during a period of emergency in which normal communication facilities are disrupted as a result of hurricane, flood, earthquake, or similar disaster, utilize such station for emergency communication service in a manner other than that specified in the instrument of authorization: Provided: ( a ) That as soon as possible after the beginning of such emergency use, notice be sent to the Commission stating the nature of the emergency and the use to which the station is being put; ( b ) That the emergency use of the station must be discontinued as soon as substantially normal communication facilities are again available; ( c ) That the Commission must be notified immediately when such special use of the station is terminated; ( d ) That, in no event, will any station engage in emergency transmission on frequencies other than, or with power in excess of, that specified in the instrument of authorization or as otherwise expressly provided by the Commission, or by law; and ( e ) That the Commission may, at any time, order the discontinuance of any such emergency communication. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68983 , Dec. 14, 1998] § 101.207 Suspension of transmission. Transmission must be suspended immediately upon detection by the station or operator licensee or upon notification by the Commission of a deviation from the technical requirements of the station authorization and must remain suspended until such deviation is corrected, except for transmission concerning the immediate safety of life or property, in which case transmission must be suspended immediately after the emergency is terminated. § 101.209 Operation of stations at temporary fixed locations for communication between the United States and Canada or Mexico. Stations authorized to operate at temporary fixed locations may not be used for transmissions between the United States and Canada, or the United States and Mexico, without prior specific notification to, and authorization from, the Commission. Notification of such intended usage of the facilities should include a detailed showing of the operation proposed, including the parties involved, the nature of the communications to be handled, the terms and conditions of such operations, the time and place of operation, such other matters as the applicant deems relevant, and a showing as to how the public interest, convenience and necessity would be served by the proposed operation. Such notification should be given sufficiently in advance of the proposed date of operation to permit any appropriate correlation with the respective foreign government involved (see §§ 101.31 , 101.811 , 101.813 , and 101.815 ). § 101.211 Operator requirements. ( a ) Any person, with the consent or authorization of the licensee, may employ stations in this service for the purpose of telecommunications in accordance with the conditions and limitations set forth in § 101.135 . ( b ) The station licensee is responsible for the proper operation of the station at all times and is expected to provide for observations, servicing and maintenance as often as may be necessary to ensure proper operation. ( c ) The provisions of paragraph (a) of this section may not be construed to change or diminish in any respect the responsibility of station licensees to have and to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations (including all transmitter units thereof) in accordance with the terms of the licenses of those stations. § 101.213 Station identification. Stations in these services are exempt from the requirement to identify transmissions by call sign or any other station identifier. § 101.215 Posting of station authorization and transmitter identification cards, plates, or signs. ( a ) Each licensee shall post at the station the name, address and telephone number of the custodian of the station license or other authorization if such license or authorization is not maintained at the station. ( b ) The requirements in paragraph (a) of this section do not apply to remote stations using frequencies listed in § 101.147(b) . § 101.217 Station records. Each licensee of a station subject to this part shall maintain records in accordance with the following: ( a ) For all stations, the results and dates of transmitter measurements and the name of the person or persons making the measurements; ( b ) For all stations, when service or maintenance duties are performed, which may affect their proper operation, the responsible operator shall sign and date an entry in the station record concerned, giving: ( 1 ) Pertinent details of all transmitter adjustments performed by him or under his supervision; and ( 2 ) His name and address, provided that this information, so long as it remains unchanged, is not required to be repeated in the case of a person who is regularly employed as operator on a full-time basis at the station. ( c ) The records shall be kept in an orderly manner, and in such detail that the data required are readily available. Key letters or abbreviations may be used if proper meaning or explanation is set forth in the record. ( d ) Each entry in the records of each station shall be signed by a person qualified to do so, having actual knowledge of the facts to be recorded. ( e ) No record or portion thereof shall be erased, obliterated, or willfully destroyed within the required retention period. Any necessary correction may be made only by the person originating the entry, who shall strike out the erroneous portion, initial the correction made and indicate the date of correction. ( f ) Records required by this part shall be retained by the licensee for a period of at least one year. Subpart E—Miscellaneous Common Carrier Provisions § 101.301 National defense; free service. Any common carrier authorized under the rules of this part may render to any agency of the United States Government free service in connection with the preparation for the national defense. Every such carrier rendering any such free service must make and file, in duplicate, with the Commission, on or before the 31st of July and on or before the 31st day of January in each year, reports covering the periods of 6 months ending on the 30th of June and the 31st of December, respectively, next prior to said dates. These reports must show the names of the agencies to which free service was rendered pursuant to this rule, the general character of the communications handled for each agency, and the charges in dollars which would have accrued to the carrier for such service rendered to each agency if charges for such communications had been collected at the published tariff rates. § 101.303 Answers to notices of violation. Any person receiving official notice of a violation of the terms of the Communications Act of 1934, as amended, any other Federal statute or Executive Order pertaining to radio or wire communications or any international radio or wire communications treaty or convention, or regulations annexed thereto to which the United States is a party, or the rules and regulations of the Federal Communications Commission, must, within 10 days from such receipt, send a written answer to the office of the Commission originating the official notice. If an answer cannot be sent or an acknowledgment made within such 10-day period by reason of illness or other unavoidable circumstances, acknowledgment and answer must be made at the earliest practicable date with a satisfactory explanation of the delay. The answer to each notice must be complete in itself and may not be abbreviated by reference to other communications or answers to other notices. If the notice relates to some violation that may be due to the physical or electrical characteristics of transmitting apparatus, the answer must state fully what steps have been taken to prevent future violations, and, if any new apparatus is to be installed, the date such apparatus was ordered, the name of the manufacturer, and promised date of delivery. If the installation of such apparatus requires a construction permit, the file number of the application must be given or, if a file number has not been assigned by the Commission, such identification as will permit ready reference thereto. If the notice of violation relates to inadequate maintenance resulting in improper operation of the transmitter, the name and license number of the operator performing the maintenance must be given. If the notice of violation relates to some lack of attention to, or improper operation of, the transmitter by other employees, the reply must enumerate the steps taken to prevent a recurrence of such lack of attention or improper operation. § 101.305 Discontinuance, reduction or impairment of service. ( a ) If the public communication service provided by a station in the Common Carrier Radio Services, the Local Multipoint Distribution Service or 24 GHz Service is involuntarily discontinued, reduced or impaired for a period exceeding 48 hours, the station licensee must promptly notify the Commission. In every such case, the licensee must furnish full particulars as to the reasons for such discontinuance, reduction or impairment of service, including a statement as to when normal service is expected to be resumed. When normal service is resumed, prompt notification thereof must be given Commission. ( b ) No station licensee subject to title II of the Communications Act of 1934, as amended, may voluntarily discontinue, reduce or impair public communication service to a community or part of a community without obtaining prior authorization from the Commission pursuant to the procedures set forth in part 63 of this chapter . In the event that permanent discontinuance of service is authorized by the Commission, the station license is terminated; except that station licenses in the Local Multipoint Distribution Service and 24 GHz Service are not terminated if the discontinuance is a result of a change of status by the licensee from common carrier to non-common carrier pursuant to § 1.929 of this chapter . ( c ) Any licensee not subject to title II of the Communications Act of 1934, as amended, who voluntarily discontinues, reduces or impairs public communication service to a community or a part of a community must notify the Commission within 7 days thereof. In the event of permanent discontinuance of service, the station license is automatically terminated; except that station licenses in the Local Multipoint Distribution Service and 24 GHz Service are not terminated if the discontinuance is a result of a change of status by the licensee from non-common carrier to common carrier pursuant to § 1.929 of this chapter . ( d ) If any common carrier radio frequency should not be used to render any service as authorized during a consecutive period of twelve months at any time after construction is completed under circumstances that do not fall within the provisions of paragraph (a) , (b) , or (c) of this section, or, if removal of equipment or facilities has rendered the station not operational, the licensee must, within thirty days of the end of such period of nonuse: ( 1 ) Cancel the station license (or licenses); or ( 2 ) File an application for modification of the license (or licenses) to delete the unused frequency (or frequencies); or ( 3 ) Request waiver of this rule and demonstrate either that the frequency will be used (as evidenced by appropriate requests for service, etc.) within six months of the end of the initial period of nonuse, or that the frequency will be converted to allow rendition of other authorized public services within one year of the end of the initial period of nonuse by the filing of appropriate applications within six months of the end of the period of nonuse. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23168 , Apr. 29, 1997; 63 FR 68983 , Dec. 14, 1998; 65 FR 59359 , Oct. 5, 2000] § 101.307 Tariffs, reports, and other material required to be submitted to the Commission. Sections 1.771 through 1.815 of this chapter contain summaries of certain materials and reports, including schedule of charges and accounting and financial reports, which, when applicable, must be filed with the Commission. § 101.309 Requirement that licensees respond to official communications. All licensees in these services are required to respond to official communications from the Commission with reasonable dispatch and according to the tenor of such communications. Failure to do so will be given appropriate consideration in connection with any subsequent applications which the offending party may file and may result in the designation of such applications for hearing, or in appropriate cases, the institution of proceedings looking to the modification or revocation of the pertinent authorizations. § 101.311 Equal employment opportunities. Equal opportunities in employment must be afforded by all common carrier licensees and all Local Multipoint Distribution Service and 24 GHz Service licensees in accordance with the provisions of § 21.307 of this chapter . [ 65 FR 59359 , Oct. 5, 2000] Subpart F [Reserved] Subpart G—24 GHz Service and Digital Electronic Message Service § 101.501 Eligibility. See § 101.147(n) for licensing of DEMS facilities in the 10.6 GHz band. Applications for new facilities using the 18 GHz band are no longer being accepted. Any entity, other than one precluded by § 101.7 , is eligible for authorization to provide 24 GHz Service under this subpart. [ 65 FR 59359 , Oct. 5, 2000] § 101.503 Digital Electronic Message Service Nodal Stations. 10.6 GHz DEMS Nodal Stations may be authorized only as a part of an integrated communication system wherein 10.6 GHz DEMS User Stations associated therewith also are licensed to the 10.6 GHz DEMS Nodal Station licensee. Applications for 10.6 GHz DEMS Nodal Station licenses should specify the maximum number of 10.6 GHz DEMS User Stations to be served by that nodal station. Any increase in that number must be applied for pursuant to § 1.913 of this chapter . [ 65 FR 59359 , Oct. 5, 2000] § 101.505 Frequencies. Frequencies, and the conditions on which they are available, for DEMS operations are contained in this subpart as well as in § 101.147(m) , (n) , and (r)(9) . [ 65 FR 59359 , Oct. 5, 2000] § 101.507 Frequency stability. The frequency stability in the 10,550-10,680 MHz band must be ±0.0001% for each DEMS Nodal Station transmitter and ±0.0003% for each DEMS User Station transmitter. The frequency stability in the 24,250-25,250 MHz bands must be ±0.001% for each Nodal Station transmitter and ±0.003% for each User Station transmitter. [ 68 FR 4961 , Jan. 31, 2003] § 101.509 Interference protection criteria. ( a ) As a condition for use of frequencies in this service each licensee is required to: ( 1 ) Engineer the system to be reasonably compatible with adjacent and co-channel operations in the same or adjacent areas on all frequencies; and ( 2 ) Cooperate fully and in good faith to resolve whatever potential interference and transmission security problems may be present in adjacent and co-channel operations. ( b ) All harmful interference to other users of co-channel and adjacent channel use in the same or adjacent geographical area are prohibited. In areas where Economic Areas are in close proximity, careful consideration should be given to minimum power requirements and to the location, height, and radiation pattern of the transmitting and receiving antennas. Licensees are expected to cooperate fully in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission. ( c ) Licensee shall coordinate their facilities whenever the facilities have optical line-of-sight into other licensees' areas or are within the same geographic area. Licensees are encouraged to develop operational agreements with relevant licensees in the same or adjacent areas. Incumbent SMSA licensee(s) shall retain exclusive rights to its channel(s) within its SMSA and must be protected. ( d ) Licensees shall comply with the appropriate coordination agreements between the United States and Canada and the United States and Mexico concerning cross-border sharing and use of the 24 GHz bands which may require using channels pairs in accordance with the table in § 101.147(r)(9) . ( e ) The Commission recommends that coordination is not necessary if the power flux density (pfd) at the boundary of the relevant adjacent area is lower than −114 dBW/m 2 in any 1 MHz. This value can be changed and agreed upon by both coordinating parties. Licensees should be able to deploy with a pfd up to −94 dBW/m 2 in any 1 MHz at the boundary of the relevant adjacent area without negatively affecting the successful operations of the adjacent area licensee. [ 65 FR 59360 , Oct. 5, 2000] § 101.511 Permissible services. ( a ) Authorizations for stations in the 24 GHz Service will be granted to provide services on a common carrier basis or a non-common carrier basis or on both a common carrier and non-common carrier basis in a single authorization. ( b ) Stations may render any kind of digital communications service consistent with the Commission's rules and the regulatory status of the station to provide services on a common carrier or non-common carrier basis. ( c ) An applicant or licensee may submit a petition at any time requesting clarification of the regulatory status required to provide a specific communications service. [ 65 FR 59360 , Oct. 5, 2000] § 101.513 Transmitter power. The transmitter power will be governed by § 101.113 . Further, each application must contain an analysis demonstrating compliance with § 101.113(a) . § 101.515 Emissions and bandwidth. Different types of emissions may be authorized if the applicant describes fully the modulation and bandwidth desired, and demonstrates that the bandwidth desired is no wider than needed to provide the intended service. In no event, however, may the necessary or occupied bandwidth exceed the specified channel width of the assigned pair. § 101.517 Antennas. ( a ) Transmitting antennas may be omnidirectional or directional, consistent with coverage and interference requirements. ( b ) The use of horizontal or vertical plane wave polarization, or right hand or left hand rotating elliptical polarization must be used to minimize harmful interference between stations. ( c ) Directive antennas must be used at all DEMS User Stations and may be elevated no higher than necessary to assure adequate service. Antenna structures requiring FAA notification under part 17 of this chapter must be registered with the Commission. The structure owner is responsible for registering, painting, and lighting the structure if applicable. Requests for such authorization must show the inclusive dates of the proposed operation. § 101.519 Interconnection. ( a ) All DEMS licensees must make available to the public all information necessary to allow the manufacture of user equipment that will be compatible with the licensee's network. ( b ) All DEMS licensees must make available to the public all information necessary to allow interconnection of DEMS networks. § 101.521 Spectrum utilization. All applicants for DEMS frequencies in the 10.6 GHz band must submit as part of the original application a detailed plan indicating how the bandwidth requested will be utilized. In particular the application must contain detailed descriptions of the modulation method, the channel time sharing method, any error detecting and/or correcting codes, any spatial frequency reuse system and the total data throughput capacity in each of the links in the system. Further, the application must include a separate analysis of the spectral efficiency including both information bits per unit bandwidth and the total bits per unit bandwidth. [ 65 FR 59360 , Oct. 5, 2000] § 101.523 Service areas. ( a ) The service areas for 24 GHz are Economic Areas (EAs) as defined in this paragraph (a) . The Bureau of Economic Analysis, U.S. Department of Commerce, organized the 50 States and the District of Columbia into 172 EAs. See 60 FR 13114 (March 10, 1995). Additionally, there are four FCC-created EA-like areas: ( 1 ) Guam and Northern Mariana Islands; ( 2 ) Puerto Rico and the U.S. Virgin Islands; ( 3 ) American Samoa, and ( 4 ) The Gulf of Mexico. The Gulf of Mexico EA extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. See 62 FR 9636 (March 3, 1997), in which the Commission created an additional four economic area-like areas for a total of 176 EA service areas. Maps of the EAs and the Federal Register Notice that established the 172 Economic Areas (EAs) are available for public inspection through the Federal Communications Commission's Reference Information Center. These maps and data are also available on the FCC website at www.fcc.gov/oet/info/maps/areas/ . These maps and data are also available on the FCC Web site at www.fcc.gov/oet/info/maps/areas/ . ( b ) Where an incumbent SMSA license area in the 24 GHz band occupies only a portion of an EA available for application under the competitive bidding rules, the SMSA portion will be excluded from auction and the incumbent licensee will retain the exclusive right to those channels within the SMSA. [ 65 FR 59360 , Oct. 5, 2000, as amended at 69 FR 44608 , July 27, 2004; 85 FR 64411 , Oct. 13, 2020; 88 FR 21451 , Apr. 10, 2023] § 101.525 24 GHz system operations. ( a ) A licensee using the 24 GHz band may construct and operate any number of fixed stations anywhere within the area authorized to serve without prior authorization, except as follows: ( 1 ) A station would be required to be individually licensed if: ( i ) International agreements require coordination; ( ii ) Submission of an Environmental Assessment is required under § 1.1307 of this chapter ; ( iii ) The station would affect areas identified in § 1.924 of this chapter . ( 2 ) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under § 17.4 of this chapter . ( b ) Whenever a licensee constructs or makes system changes as described in paragraph (a)(1) of this section, the licensee is required to notify the Commission within 30 days of the change under § 1.947 of this chapter and include a statement of the technical parameters of the changed station. [ 65 FR 59360 , Oct. 5, 2000, as amended at 69 FR 17959 , Apr. 6, 2004] § 101.526 License term. The license term for stations licensed under this subpart is ten years from the date of license grant or license renewal for incumbent licensees. [ 65 FR 59360 , Oct. 5, 2000] § 101.527 Construction requirements for 24 GHz operations. ( a ) Each licensee must make a showing of “substantial service” within ten years of its license grant. “Substantial service” is a service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal during its past license term. Until January 1, 2023, “substantial service” assessment will be made at renewal pursuant to the provisions and procedures set forth in § 1.949 of this chapter . ( b ) Until January 1, 2023, each licensee must, at a minimum file: ( 1 ) A report, maps and other supporting documents describing its current service in terms of geographic coverage and population served to the Commission. The report must also contain a description of the licensees' investments in its operations. The report must be labeled as an attachment to the renewal application; and ( 2 ) Copies of all FCC orders finding the licensee to have violated the Communications Act or any FCC rule or policy; and a list of any pending proceedings that relate to any matter described in this paragraph (b)(2) . ( c ) Failure to demonstrate that substantial service is being provided in the service area will result in forfeiture of the license, and the licensee will be unable to regain it. ( d ) The frequencies associated with incumbent authorizations, licensed on a SMSA basis, that have cancelled automatically or otherwise been recovered by the Commission will automatically revert to the applicable EA licensee. [ 65 FR 59360 , Oct. 5, 2000, as amended at 82 FR 41549 , Sept. 1, 2017] § 101.531 [Reserved] § 101.533 Regulatory status. ( a ) Initial applications. An applicant for a 24 GHz license must specify on FCC Form 601 if it is requesting authorization to provide services on a common carrier basis, a non-common carrier basis, or on both a common carrier and non-common carrier basis. ( b ) Amendment of pending applications. Any pending application may be amended to: ( 1 ) Change the carrier status requested; or ( 2 ) Add to the pending request in order to obtain both common carrier and non-common carrier status in a single license. ( c ) Modification of license. A licensee may modify a license to: ( 1 ) Change the carrier status authorized; or ( 2 ) Add to the status authorized in order to obtain both common carrier and non-common carrier status in a single license. [ 65 FR 59361 , Oct. 5, 2000] § 101.535 Geographic partitioning and spectrum aggregation/disaggregation. ( a ) Eligibility. (1) 24 GHz licensees may apply to the Commission to partition their licensed geographic service areas to eligible entities and are free to determine the portion of their service areas to be partitioned. 24 GHz licensees may aggregate or disaggregate their licensed spectrum at any time following the grant of a license. ( 2 ) Any existing frequency coordination agreements shall convey with the assignment of the geographic area or spectrum, and shall remain in effect unless new agreements are reached. ( b ) Technical standards — ( 1 ) Aggregation. There is no limitation on the amount of spectrum that a 24 GHz licensee may aggregate. ( 2 ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). ( 3 ) Disaggregation. Spectrum may be disaggregated in any amount. A licensee need not retain a minimum amount of spectrum. ( 4 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( c ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 101.526 . [ 65 FR 59361 , Oct. 5, 2000, as amended at 67 FR 46379 , July 9, 2002; 82 FR 41549 , Sept. 1, 2017] § 101.537 24 GHz band subject to competitive bidding. Mutually exclusive initial applications for 24 GHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 46379 , July 9, 2002] § 101.538 Designated entities. ( a ) Eligibility for small business provisions. ( 1 ) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $3 million for the preceding three years. ( 2 ) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $15 million for the preceding three years. ( 3 ) An entrepreneur is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $40 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter . A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . [ 65 FR 59361 , Oct. 5, 2000, as amended at 67 FR 46379 , July 9, 2002; 68 FR 43002 , July 21, 2003] Subpart H—Private Operational Fixed Point-to-Point Microwave Service § 101.601 Eligibility. Any person, or any governmental entity or agency, eligible for licensing in a radio service or pool under part 80 , 87 , or 90 of this chapter or any person proposing to provide communications service to such persons, governmental entities or agencies is eligible to hold a license under this subpart. This subpart shall not apply to stations offering MVDDS in the 12.2-12.7 GHz band. [ 62 FR 18936 , Apr. 17, 1997, as amended at 67 FR 43040 , June 26, 2002] § 101.603 Permissible communications. ( a ) Except as provided in paragraph (b) of this section, stations in this radio service may transmit communications as follows: ( 1 ) On frequencies below 21,200 MHz, licensees may transmit their own communications, including the transmission of their products and information services, to their customers except that the distribution of video entertainment material to customers is permitted only as indicated in § 101.101 and paragraph (a)(2) of this section. ( 2 ) In the frequency bands 6425-6525 MHz, 17,700-18,580 MHz, and on frequencies above 21,200 MHz, licensees may deliver any of their own products and services to any receiving location; ( 3 ) Licensees may transmit the communications of their parent corporation, or of another subsidiary of the same parent, or their own subsidiary where the party to be served is regularly engaged in any of the activities that constitute the basis for eligibility to use the frequencies assigned; ( 4 ) Licensees may transmit the communications of other parties in accordance with § 101.135 ; ( 5 ) Licensees may transmit emergency communications unrelated to their activities in accordance with § 101.205 ; ( 6 ) Licensees may transmit communications on a commercial basis to eligible users, among different premises of a single eligible user, or from one eligible user to another as part of transmissions by Digital Electronic Message Service systems on the frequencies provided for this purpose; ( 7 ) Licensees may transmit program material from one location to another; ( b ) Stations licensed in this radio service shall not: ( 1 ) Render a common carrier service of any kind. However, licensees are allowed to lease excess capacity to common carriers. In addition, Specialized Mobile Radio (SMR) licensees reclassified by the Commission as Commercial Mobile Radio Services (CMRS), that were formerly private land mobile radio service providers, may continue to utilize private operational fixed microwave systems licensed prior to April 1, 2003 for their land mobile connecting facilities. ( 2 ) Transmit program material for use in connection with broadcasting, except as provided in paragraphs (a)(2), and (a)(7)) of this section; and/or ( 3 ) Be used to provide the final RF link in the chain of transmission of program material to multichannel video programming distributors, except in the frequency bands 6425-6525 MHz and 17,700-18,580 MHz and on frequencies above 21,200 MHz. [ 61 FR 26677 , May 28, 1996, as amended at 68 FR 4961 , Jan. 31, 2003; 71 FR 69052 , Nov. 29, 2006; 76 FR 59574 , Sept. 27, 2011] Subpart I—Common Carrier Fixed Point-to-Point Microwave Service § 101.701 Eligibility. ( a ) Authorizations for stations in this service will be issued to existing and proposed common carriers. Applications will be granted only in cases in which it is shown that: ( 1 ) The applicant is legally, technically, financially and otherwise qualified to render the proposed service; ( 2 ) There are frequencies available to enable the applicant to render a satisfactory service; and ( 3 ) The public interest, convenience, and necessity would be served by a grant thereof. ( b ) If the content is originated, selected, controlled, or otherwise substantively influenced by the applicant, licensee, or a closely affiliated entity, no station or radio frequency in this service will be authorized, or may be utilized, to transmit any closed circuit television signals or television signals other than broadcast television signals, unless: ( 1 ) Such service is otherwise permitted for a specific length of time by grant of an acceptable petition for waiver of this rule; or ( 2 ) Such service is otherwise permitted by a condition in the applicable instrument of authorization; or ( 3 ) Such service is provided pursuant to applicable FCC tariff and is temporary and occasional intra-company television communication for management, network supervision, or other internal carrier functions. For purposes of this paragraph, an entity will be considered to be “closely affiliated” with an applicant if it is in a parent-subsidiary relationship, or both are commonly controlled, or they have any common officers or management employees. ( c ) Applications for stations or frequencies that will be used primarily to relay broadcast television signals must include a certification that at least fifty percent of the customers (or points of service) on the microwave system involved, including those served through an interconnecting carrier(s), receiving applicant's service, will not be related or affiliated in any degree with the applicant, and that the proposed usage by such customers, in terms of hours of use and channels delivered, must constitute at least fifty percent of the usage of the applicant's microwave service. Applications that do not contain these certifications will be returned as unacceptable for filing. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68983 , Dec. 14, 1998] § 101.703 Permissible communications. Stations in this service are authorized to render any kind of communication service provided for in the legally applicable tariffs of the carrier, unless otherwise directed in the applicable instrument of authorization or limited by § 101.147 or §§ 101.111 and 101.113 . § 101.705 Special showing for renewal of common carrier station facilities using frequency diversity. Any application for renewal of license, for a term commencing January 1, 1975, or after, involving facilities utilizing frequency diversity must contain a statement showing compliance with § 101.103(c) or the exceptions recognized in paragraph 141 of the First Report and Order in Docket No. 18920 (29 FCC 2d 870). This document is available at the library of the Federal Communications Commission, located at the address of the FCC's main office indicated in 47 CFR 0.401(a) . If not in compliance, a complete statement with the reasons therefore must be submitted. [ 64 FR 53242 , Oct. 1, 1999, as amended at 85 FR 64411 , Oct. 13, 2020] Subpart J—Local Television Transmission Service § 101.801 Eligibility. Authorizations for stations in this service will be granted to existing and proposed communication common carriers. Applications will be granted only in cases where it is shown that: ( a ) The applicant is legally, financially, technically and otherwise qualified to render the proposed service; ( b ) There are frequencies available to enable the applicant to render a satisfactory service; and ( c ) The public interest, convenience or necessity would be served by a grant thereof. § 101.803 Frequencies. ( a ) Frequencies in the following bands are available for assignment to television pickup and television non-broadcast pickup stations in this service: 6,425 to 6,525 MHz. (6) 11,700 to 12,200 MHz. (3) 13,200 to 13,250 MHz. (1) 14,200 to 14,400 MHz. (8) 21,200 to 22,000 MHz. (1), (2), (4), (5) 22,000 to 23,600 MHz. (1), (2), (5) 31,000 to 31,300 MHz. (7) Notes (1) This frequency band is shared with fixed and mobile stations licensed under this and other parts of the Commission's Rules. (2) This frequency band is shared with Government stations. (3) This frequency band is shared, on a secondary basis, with stations in the broadcasting-satellite and fixed-satellite services. As of March 1, 2005, no new LTTS operators will be licensed in the 11.7-12.2 GHz band. LTTS operators authorized prior to March 1, 2005 may continue to operate in 11.7-12.2 GHz band until their license expires; no existing LTTS licenses will be renewed in the 11.7-12.2 GHz band. (4) This frequency band is shared with stations in the earth-exploration satellite service. (5) This frequency band is shared with the common carrier and private-operational fixed point-to-point microwave services. (6) This band is co-equally shared with mobile stations licensed pursuant to parts 74 and 78 of this chapter , and subpart H of this part . (7) As of June 30, 1997, frequencies in this band only are available for assignment to LMDS radio stations, except for non-LMDS radio stations authorized pursuant to applications refiled no later than June 26, 1998. Stations authorized prior to June 30, 1997, may continue to operate within the existing terms of the outstanding licenses, subject to renewal. Non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998 shall operate on an unprotected basis and subject to harmful interference from similarly licensed stations or stations licensed prior to June 30, 1997, and on a secondary basis to LMDS radio stations. (8) The maximum power for the local television transmission service in the 14.2-14.4 GHz band is + 45 dBW except that operations are not permitted within 1.5 degrees of the geostationary orbit. As of March 1, 2005, no new LTTS operators will be licensed in the 14.2-14.4 GHz band. LTTS operators authorized prior to March 1, 2005 may continue to operate in 14.2-14.4 GHz band until their license expires; no existing LTTS licenses will be renewed in the 11.7-12.2 GHz band. ( b ) Communications common carriers in the Local Television Transmission Service may be assigned frequencies listed in §§ 74.602(a) , 78.18(a)(6) , and 78.18(a)(7) of this chapter to provide service to television broadcast stations, television broadcast network-entities, cable system operators, and cable network-entities. Frequency availability is subject to the provisions of § 74.604 of this chapter and the use of the facility is limited to the permissible uses described in §§ 74.631 and 78.11 of this chapter . Operations on these frequencies are subject to the technical provisions of part 74, subpart F, and part 78, subpart D of this chapter . ( c ) [Reserved] ( d ) Frequencies in the following bands are available for assignment to television STL stations in this service: 3,700 to 4,200 MHz (1) 5,925 to 6,425 MHz (1),(5) 10,700 to 11,700 MHz (1),(6) 11,700 to 12,100 MHz (3) 13,200 to 13,250 MHz (2) 21,200 to 22,000 MHz (2),(4),(7),(8) 22,000 to 23,600 MHz (2),(6),(8) 31,000 to 31,300 MHz (9) Notes (1) This frequency band is shared with stations in the Point to Point Microwave Radio Service and, in United States Possessions in the Caribbean area, with stations in the International Fixed Radiocommunications Services. For 3,700-4,200 MHz frequencies are only available for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. In the contiguous United States, licensees of existing licenses, as of April 19, 2018, for permanent point-to-point Fixed Service links have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz band. (2) This frequency band is shared with fixed and mobile stations licensed under this and other parts of the Commission's rules. (3) This frequency band is shared with space stations (space to earth) in the fixed-satellite service. As of March 1, 2005, no new LTTS operators will be licensed in the 11.7-12.2 GHz band. LTTS operators authorized prior to March 1, 2005 may continue to operate in 11.7-12.2 GHz band until their license expires; no existing LTTS licenses will be renewed in the 11.7-12.2 GHz band. (4) This frequency band is shared with Government stations. (5) This frequency band is shared with earth stations (earth to space) in the fixed-satellite services. (6) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared with space stations (space to earth) in the fixed-satellite service. (7) This frequency band is shared with space stations (space to earth) in the earth exploration satellite service. (8) This frequency band is shared with the common carrier and private-operational fixed point-to-point microwave services. (9) As of June 30, 1997, frequencies in this band only are available for assignment to LMDS radio stations, except for non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998. Stations authorized prior to June 30, 1997, may continue to operate within the existing terms of the outstanding licenses, subject to renewal. Non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998 shall operate on an unprotected basis and subject to harmful interference from each other or stations licensed prior to June 30, 1997, and on a secondary basis to LMDS radio stations. ( e ) 6425 to 6525 MHz—Mobile Only. Paired and un-paired operations permitted. Use of this spectrum for direct delivery of video programs to the general public or for multi-channel cable distribution is not permitted. This band is co-equally shared with mobile stations licensed pursuant to parts 74 and 78 of this chapter . The following channel plans apply. ( 1 ) 1 MHz maximum authorized bandwidth channels. Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6425.5 6475.5 6450.5 6500.5 ( 2 ) 8 MHz maximum authorized bandwidth channels. Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6430.0 6480.0 6438.0 6488.0 6446.0 6496.0 6455.0 6505.0 6463.0 6513.0 6471.0 6521.0 ( 3 ) 25 MHz maximum authorized bandwidth channels. Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6437.5 6487.5 6462.5 6512.5 ( f ) The frequency 27.255 MHz in the 27.23-27.28 MHz band is allocated for assignment to microwave auxiliary stations in this service on a shared basis with other radio services. Assignments to stations on this frequency will not be protected from such interference as may be experienced from the emissions of industrial, scientific and medical equipment operating on 27.12 MHz in accordance with § 2.106 of this chapter . [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23168 , Apr. 29, 1997; 63 FR 9448 , Feb. 25, 1998; 63 FR 14039 , Mar. 24, 1998; 65 FR 38332 , June 20, 2000; 68 FR 4961 , Jan. 31, 2003; 68 FR 12777 , Mar. 17, 2003; 70 FR 4788 , Jan. 31, 2005; 84 FR 63812 , Nov. 19, 2019; 85 FR 22890 , Apr. 23, 2020] § 101.805 Assignment of frequencies to mobile stations. The assignment of frequencies to mobile stations in this service will not be limited to a single licensee within any area. However, geographical limits within which mobile units may operate may be imposed by the Commission. § 101.807 Transmitter power. Stations in this service will not be authorized to use transmitters having a rated power output in excess of the limits set forth in § 101.113(b) and a standby transmitter having a rated power output in excess of that of the main transmitter with which it is associated will not be authorized. As an exception, operations on frequencies listed in §§ 74.602(a) , 78.18(a)(6) , and 78.18(a)(7) of this chapter are subject to the power limitations of §§ 74.636 and 78.101(a) . [ 68 FR 12777 , Mar. 17, 2003] § 101.809 Bandwidth and emission limitations. ( a ) Stations in this service operating on frequencies in the 27.23-27.28 MHz band will be authorized to employ only amplitude modulated or frequency modulated emission for radiotelephony. The authorization to use such emissions will be construed to include authority to employ unmodulated emission only for temporary or short periods necessary for equipment testing incident to the construction and maintenance of the station. ( b ) Stations in the service operating on frequencies above 940 MHz may be authorized to use amplitude modulated, frequency modulated or pulse type of emission for radiotelephony and television. In addition, the use of unmodulated emission may be authorized in appropriate cases. ( c ) The maximum bandwidths which will normally be authorized for single channel operation on frequencies below 500 MHz in this service must not exceed the limits set forth below: Type of emission Authorized bandwidth (kHz) A3E 8 F3E or (G3E) 40 ( d ) Maximum bandwidths in the following frequency bands must not exceed the limits set forth below: Maximum Authorized Frequency band (MHz) Bandwidth (MHz) 3,700 to 4,200 1 20 5,925 to 6,425 1 30 6,425 to 6,525 25 10,700 to 12,200 1 2 40 13,200 to 13,250 25 21,200 to 23,600 1 50 1 The maximum bandwidth that will be authorized for each particular frequency in this band is detailed in the appropriate frequency table in § 101.147 . 2 As of March 1, 2005, no new LTTS operators will be licensed in the 11.7-12.2 GHz band. LTTS operators authorized prior to March 1, 2005 may continue to operate in 11.7-12.2 GHz band until their license expires; no existing LTTS licensees will be renewed in the 11.7-12.2 GHz band. ( e ) The bandwidths authorized on frequencies above 500 MHz must be appropriate to the type of operation in any particular case. An application requesting such authorization must fully describe the modulation, emission, and bandwidth desired and must specify the bandwidth to be occupied. [ 61 FR 26677 , May 28, 1996, as amended at 68 FR 4961 , Jan. 31, 2003; 70 FR 4788 , Jan. 31, 2005] § 101.811 Modulation requirements. ( a ) The use of modulating frequencies higher than 3000 hertz for single channel radiotelephony or tone signaling on frequencies below 500 MHz is not authorized. ( b ) When amplitude modulation is used, the modulation percentage must be sufficient to provide efficient communication and must normally be maintained above 70 percent on positive peaks, but may not exceed 100 percent on negative peaks. ( c ) When phase or frequency modulation is used for single channel radiotelephony on frequencies below 500 MHz, the deviation arising from modulation may not exceed plus or minus 15 kHz from the unmodulated carrier. ( d ) Each unmultiplexed radiotelephone transmitter having more than 3 watts plate power input to the final radio frequency stage and initially installed at the station in this service after September 4, 1956, must be provided with a device that will automatically prevent modulation in excess of that specified in paragraphs (b) and (c) of this section which may be caused by greater than normal audio level. § 101.813 Remote control operation of mobile television pickup stations. ( a ) Mobile television pickup stations (including nonbroadcast) may be operated by remote control from the fixed locations for periods not to exceed 6 months. ( b ) The Commission may, upon adequate showing by the licensee as to why the television pickup operations should not be conducted under a fixed station authorization, renew the authority granted under the provisions of paragraph (a) of this section. ( c ) Reference should be made to § 101.125 concerning mobile station antenna height restrictions and to paragraphs (c) and (f) of § 101.131 concerning control points. § 101.815 Stations at temporary fixed locations. ( a ) Authorizations may be issued upon proper application for the use of frequencies listed in § 101.803 by stations in the Local Television Transmission Service for rendition of temporary service to subscribers under the following conditions: ( 1 ) When a fixed station is to remain at a single location for less than 6 months, the location is considered to be temporary. ( 2 ) When a fixed station authorized to operate at temporary locations is installed and it subsequently becomes necessary for the station to operate from such location for more than six months, an application for a station authorization to specify the permanent location must be filed at least thirty days prior to the expiration of the six month period. ( 3 ) The station must be used only for rendition of communication service at a remote point where the provision of wire facilities is not practicable. ( 4 ) The antenna structure height employed at any location may not exceed the criteria set forth in § 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure height for each location has been obtained from the Commission prior to erection of the antenna. See § 101.125 . ( 5 ) Applications for such stations must comply with the provisions of § 101.21(f) . ( b ) Applications for authorizations to operate stations at temporary locations under the provisions of this section may be made upon FCC Form 601. Blanket applications may be submitted for the required number of transmitters. ( c ) Prior coordination of mobile assignments will be in accordance with the procedures in § 101.103(d) except that the prior coordination process for mobile (temporary fixed) assignments may be completed orally and the period allowed for response to a coordination notification may be less than 30 days if the parties agree. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68984 , Dec. 14, 1998; 65 FR 38332 , June 20, 2000; 68 FR 4961 , Jan. 31, 2003] § 101.817 Notification of station operation at temporary locations. ( a ) The licensee of stations authorized pursuant to § 101.813 must notify the Commission prior to each period of operation. This notification must include: ( 1 ) The call sign, manufacturer's name, type or model number, output power and specific location of the transmitter(s); ( 2 ) The maintenance location for the transmitter; ( 3 ) The location of the transmitting or receiving station with which it will communicate and the identity of the correspondent operating such facilities; ( 4 ) The exact frequency or frequencies to be used; ( 5 ) The public interest, convenience and necessity to be served by operation of the proposed installation; ( 6 ) The commencement and anticipated termination dates of operation from each location. In the event the actual termination date differs from the previous notification, written notice thereof promptly must be given to the Commission; ( 7 ) Where the notification contemplates initially a service that is to be rendered for a period longer than 90 days, the notification must contain a showing as to why application should not be made for regular authorization; and ( 8 ) A notification must include compliance with the provisions of § 101.813(c) . ( b ) A copy of the notification must be kept with the station license. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68984 Dec. 14, 1998] § 101.819 Stations affected by coordination contour procedures. In frequency bands shared with the communication-satellite service, applicants must also comply with the requirements of § 101.21 . Subpart K [Reserved] Subpart L—Local Multipoint Distribution Service Source: 62 FR 23168 , Apr. 29, 1997, unless otherwise noted. § 101.1001 Eligibility. Any entity, other than one precluded by § 101.7 and by § 101.1003 , is eligible for authorization to provide Local Multipoint Distribution Service (LMDS) under this subpart. Authorization will be granted upon proper application filed under the rules in this part. § 101.1005 Frequencies available. ( a ) The following frequencies are available for assignment to LMDS in two license blocks: Block A of 300 MHz 29,100-29,250 MHz 31,075-31,225 MHz Block B of 150 MHz 31,000-31,075 MHz 31,225-31,300 MHz ( b ) In Block A licenses, the frequencies are authorized as follows: ( 1 ) 29,100-29,250 MHz is shared on a co-primary basis with feeder links for non-geostationary orbit Mobile Satellite Service (NGSO/MSS) systems in the band and is limited to LMDS hub-to-subscriber transmissions, as provided in §§ 25.257 and 101.103(h) of this chapter . ( 2 ) 31,075-31,225 MHz is authorized on a primary protected basis and is shared with private microwave point-to-point systems licensed prior to March 11, 1997, as provided in § 101.103(b) . ( c ) In Block B licenses, the frequencies are authorized as follows: ( 1 ) On a primary protected basis if LMDS shares the frequencies with systems licensed as Local Television Transmission Service (LTTS) licensed prior to March 11, 1997, as provided in § 101.103(b) . ( 2 ) On a co-equal basis with systems not licensed as LTTS prior to March 11, 1997, as provided in § 101.103(g) . [ 62 FR 23168 , Apr. 29, 1997, as amended at 81 FR 79945 , Nov. 14, 2016] § 101.1007 Geographic service areas and number of licenses. LMDS service areas are Basic Trading Areas (BTAs) as defined in the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, that identifies 487 BTAs based on the 50 States and as defined to include the BTA-like areas of the United States Virgin Islands, American Samoa, Guam, Mayaguez/Aguadilla-Ponce, Puerto Rico, San Juan, Puerto Rico, and the Commonwealth of Northern Marinas, for a total of 493 BTAs. § 101.1009 System operations. ( a ) The licensee may construct and operate any number of fixed stations anywhere within the area authorized by the license without prior authorization, except as follows: ( 1 ) A station would be required to be individually licensed if: ( i ) International agreements require coordination; ( ii ) Submission of an Environmental Assessment is required under § 1.1307 of this chapter . ( iii ) The station would affect areas identified in § 1.924 of this chapter . ( 2 ) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under § 17.4 of this chapter . ( b ) Whenever a licensee constructs or makes system changes as described in paragraph (a) of this section, the licensee is required to notify the Commission within 30 days of the change under § 1.947 of this chapter and include a statement of the technical parameters of the changed station. [ 62 FR 23168 , Apr. 29, 1997, as amended at 63 FR 68984 , Dec. 14, 1998; 69 FR 17959 , Apr. 6, 2004] § 101.1011 Construction requirements. LMDS licensees must make a showing of “substantial service” in their license area within ten years of being licensed. “Substantial” service is defined as service which is sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. [ 82 FR 41549 , Sept. 1, 2017] § 101.1013 Permissible communications services. ( a ) Authorizations for stations in the Local Multipoint Distribution Service will be granted to provide services on a common carrier basis or a non-common carrier basis or on both a common carrier and non-common carrier basis in a single authorization. ( b ) Stations may render any kind of communications service consistent with the Commission's rules and the regulatory status of the station to provide services on a common carrier or non-common carrier basis. ( c ) An applicant or licensee may submit a petition at any time requesting clarification of the regulatory status required to provide a specific communications service. § 101.1017 Requesting regulatory status. ( a ) Initial applications. An applicant will specify on FCC Form 601 if it is requesting authorization to provide services on a common carrier basis, a non-common carrier basis, or on both a common carrier and non-common carrier basis. ( b ) Amendment of pending applications. ( 1 ) Any pending application may be amended to: ( i ) Change the carrier status requested, or ( ii ) Add to the pending request in order to obtain both common carrier and non-common carrier status in a single license. ( 2 ) Amendments to change, or add to, the carrier status in a pending application are minor amendments pursuant to § 1.927 of this chapter . ( c ) Modification of license. ( 1 ) A licensee may modify a license to: ( i ) Change the carrier status authorized, or ( ii ) Add to the status authorized in order to obtain both common carrier and non-common carrier status in a single license. ( 2 ) Applications to change, or add to, the carrier status in a license are modifications not requiring prior Commission authorization filed under § 1.927 of this chapter . If the change results in the discontinuance, reduction, or impairment of an existing service, the licensee is also governed by § 101.305(b) or (c) and submits the application under § 1.927 of this chapter in conformance with the time frames and requirements of §§ 101.305 (b) or (c) . [ 62 FR 23168 , Apr. 29, 1997, as amended at 63 FR 68984 , Dec. 14, 1998] Subpart M—Competitive Bidding Procedures for LMDS Source: 62 FR 23172 , Apr. 29, 1997, unless otherwise noted. § 101.1101 LMDS service subject to competitive bidding. Mutually exclusive initial applications for LMDS licenses are subject to competitive bidding procedures. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 46379 , July 9, 2002] §§ 101.1102-101.1105 [Reserved] § 101.1107 Bidding credits for very small businesses, small businesses and entrepreneurs. ( a ) A winning bidder that qualifies as a very small business, as defined in § 101.1112 , or a consortium of very small businesses may use a bidding credit of 45 percent to lower the cost of its winning bid. ( b ) A winning bidder that qualifies as a small business, as defined in § 101.1112 , or a consortium of small businesses may use a bidding credit of 35 percent to lower the cost of its winning bid. ( c ) A winning bidder that qualifies as an entrepreneur, as defined in § 101.1112 , or a consortium of entrepreneurs may use a bidding credit of 25 percent to lower the cost of its winning bid. ( d ) The bidding credits referenced in paragraphs (a) , (b) and (c) of this section are not cumulative. [ 68 FR 43002 , July 21, 2003] § 101.1109 Records maintenance. All winning bidders qualifying as very small businesses, small businesses or entrepreneurs shall maintain at their principal place of business an updated file of ownership, revenue, and asset information, including any document necessary to establish eligibility as a very small business, small business or entrepreneur. Licensees (and their successors-in-interest) shall maintain such files for the term of the license. Applicants that do not obtain the license(s) for which they applied shall maintain such files until the grant of such license(s) is final, or one year from the date of the filing of their short-form application (FCC Form 175), whichever is earlier. [ 68 FR 43002 , July 21, 2003] § 101.1111 Partitioning and disaggregation. ( a ) Definitions. Disaggregation. The assignment of discrete portions or “blocks” of spectrum licensed to a geographic licensee or qualifying entity. Partitioning. The assignment of geographic portions of a licensee's authorized service area along geopolitical or other boundaries. ( b ) Eligibility. ( 1 ) Parties seeking approval for partitioning and disaggregation shall request an authorization for partial assignment of a license pursuant to § 101.53 . Parties shall submit the forms set forth in § 101.15(e) . ( 2 ) Licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. ( c ) Technical standards — ( 1 ) Partitioning. In the case of partitioning, requests for authorization for partial assignment of a license must include, as an attachment, a description of the partitioned service area. The partitioned service area shall be defined by coordinate points at every 3 degrees along the partitioned service area unless an FCC recognized service area is utilized ( i.e., Major Trading Area, Basic Trading Area, Metropolitan Service Area, Rural Service Area or Economic Area) or county lines are followed. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). In the case where an FCC recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of FCC designations or county names) that constitute the partitioned area. In such partitioning cases where an unjust enrichment payment is owed the Commission, the request for authorization for partial assignment of a license must include, as an attachment, a calculation of the population of the partitioned service area and the licensed geographic service area. ( 2 ) Disaggregation. Spectrum may be disaggregated in any amount. ( 3 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( d ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 101.67 of this chapter . [ 63 FR 26507 , May 13, 1998, as amended at 82 FR 41549 , Sept. 1, 2017] § 101.1112 Definitions. ( a ) Scope. The definitions in this section apply to §§ 101.1101 through 101.1112 , unless otherwise specified in those sections. ( b ) Very small business. A very small business is an entity that, together with its affiliates and controlling interests, has average gross revenues for the three preceding years of not more than $15 million. ( c ) Small business. A small business is an entity that, together with its affiliates and controlling interests, has average gross revenues for the three preceding years of more than $15 million but not more than $40 million. ( d ) Entrepreneur. An entrepreneur is an entity that, together with its affiliates and controlling interests, has average gross revenues for the three preceding years of more than $40 million but not more than $75 million. [ 67 FR 46380 , July 9, 2002, as amended at 68 FR 43002 , July 21, 2003] Subpart N [Reserved] Subpart O—Multiple Address Systems Source: 65 FR 17450 , Apr. 3, 2000, unless otherwise noted. General Provisions § 101.1301 Scope. This subpart sets out the regulations governing the licensing and operation of Multiple Address Systems (MAS). The rules in this subpart are to be used in conjunction with applicable requirements contained elsewhere in the Commission's rules, such as those requirements contained in parts 1 and 22 of this chapter . § 101.1303 Eligibility. Authorizations for stations in this service will be granted in cases where it is shown that: ( a ) The applicant is legally, financially, technically and otherwise qualified to render the proposed service; ( b ) There are frequencies available to enable the applicant to render a satisfactory service; and ( c ) The public interest, convenience or necessity would be served by a grant thereof. § 101.1305 Private internal service. A private internal service is a service where entities utilize frequencies purely for internal business purposes or public safety communications and not on a for-hire or for-profit basis. § 101.1307 Permissible communications. MAS users may engage in terrestrial point-to-point and point-to-multi-point fixed and limited mobile operations. [ 66 FR 35111 , July 3, 2001] § 101.1309 Regulatory status. ( a ) The Commission will rely on each applicant to specify on FCC Form 601 the type of service or services it intends to provide. Each application for authorization in the bands designated for private internal use must include a certification stating why the application satisfies the definition of private internal use. ( b ) Any interested party may challenge the regulatory status granted an MAS licensee. System License Requirements § 101.1311 Initial EA license authorization. ( a ) Winning bidders must file an application (FCC Form 601) for an initial authorization in each market and frequency block. ( b ) Blanket licenses are granted for each market and frequency block. Applications for individual sites are not required and will not be accepted, except as specified in § 101.1329 . § 101.1313 License term. The license term for stations authorized under this subpart is ten years from the date of original issuance or renewal. § 101.1315 Service areas. In the frequency bands not licensed on a site-by-site basis, the geographic service areas for MAS are Economic Areas (EAs) which are defined by the Department of Commerce's Bureau of Economic Analysis, as modified by the Commission. The EAs will consist of 176 areas, which includes Guam and the Northern Marianas Islands, Puerto Rico and the United States Virgin Islands, American Samoa, and the Gulf of Mexico. [ 66 FR 35111 , July 3, 2001] § 101.1317 Competitive bidding procedures for mutually exclusive MAS EA applications. Mutually exclusive initial applications for licenses in the portions of the MAS bands licensed on a geographic area basis are subject to competitive bidding procedures. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 46380 , July 9, 2002] § 101.1319 Competitive bidding provisions. For the purpose of establishing eligibility requirements and bidding credits for competitive bidding for MAS licenses, pursuant to § 1.2110 of this chapter , the following definitions apply: ( a ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average gross revenues for the preceding three years not to exceed $15 million, as determined pursuant to § 1.2110 of this chapter . ( 2 ) A very small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average gross revenues for the preceding three years not to exceed $3 million, as determined pursuant to § 1.2110 of this chapter . ( b ) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses, may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses, may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter . [ 65 FR 17450 , Apr. 3, 2000, as amended at 67 FR 46380 , July 9, 2002] § 101.1321 License transfers. ( a ) An MAS system license acquired through competitive bidding procedures (including licenses obtained in cases of no mutual exclusivity), together with all appurtenances may be transferred, assigned, sold, or given away only in accordance with the provisions and procedures set forth in § 1.2111 of this chapter . ( b ) An MAS system license obtained through site-based licensing procedures, together with all appurtenances may be transferred, assigned, sold, or given away, to any other entity in accordance with the provisions and procedures set forth in § 1.948 of this chapter . § 101.1323 Spectrum aggregation, disaggregation, and partitioning. ( a ) Eligibility. ( 1 ) Parties seeking approval for partitioning and disaggregation shall request from the Commission an authorization for partial assignment of license. Geographic area licensees may participate in aggregation, disaggregation, and partitioning within the bands licensed on a geographic area basis. Site-based licensees may aggregate spectrum in any MAS bands, but may not disaggregate their licensed spectrum or partition their licensed sites. ( 2 ) Eligible MAS licensees may apply to the Commission to partition their licensed geographic service areas to eligible entities and are free to determine the portion of their service areas to be partitioned. Eligible MAS licensees may aggregate or disaggregate their licensed spectrum at any time following the grant of a license. ( b ) Technical standards — ( 1 ) Aggregation. ( i ) There is no limitation on the amount of spectrum that an MAS licensee may aggregate. ( ii ) Spectrum licensed to MAS licensees does not count toward the CMRS spectrum cap discussed in § 20.6 of this chapter . ( 2 ) Disaggregation. Spectrum may be disaggregated in any amount. A licensee need not retain a minimum amount of spectrum. ( 3 ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). ( 4 ) Combined partitioning and disaggregation. The Commission will consider requests from geographic area licensees for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( c ) Construction requirements. Responsible parties must submit supporting documents showing compliance with the respective construction requirements within the appropriate construction benchmarks set forth in § 101.1325 . ( d ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 101.1313 . [ 65 FR 17450 , Apr. 3, 2000, as amended at 67 FR 45380 , July 9, 2002; 82 FR 41549 , Sept. 1, 2017] System Requirements § 101.1325 Construction requirements. ( a ) Incumbent and site-based licenses are subject to the construction requirements set forth in § 101.63 . ( b ) Each MAS EA licensee must provide service to at least one-fifth of the population in its service area or “substantial service” within five years of the license grant. In addition, MAS EA licensees must make a showing of continued “substantial service” within ten years of the license grant. Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses. ( c ) Failure by any licensee to meet these requirements will result in forfeiture or non-renewal of the initial license, and the licensee will be ineligible to regain it. [ 65 FR 17450 , Apr. 3, 2000, as amended at 68 FR 4961 , Jan. 31, 2003] § 101.1329 EA Station license, location, modifications. EA licensees may construct master and remote stations anywhere inside the area authorized in their licenses, without prior approval, so long as the Commission's technical and other Rules are complied with, except that individual licenses are required for any master station that: ( a ) Requires the submission of an environmental assessment under § 1.1307 of this chapter ; ( b ) Requires international coordination; or ( c ) The station would affect areas identified in § 1.924 of this chapter . [ 65 FR 17450 , Apr. 3, 2000, as amended at 69 FR 17959 , Apr. 6, 2004] § 101.1331 Treatment of incumbents. ( a ) Any MAS station licensed by the Commission prior to July 1, 1999 in the 928.0-928.85 MHz/952.0-952.85 MHz/956.25-956.45 MHz and 928.85-929.0 MHz/959.85-960.0 MHz bands, as well as assignments or transfers of such stations approved by the Commission and consummated as of January 19, 2000, shall be considered incumbent. ( b ) Incumbent operators in the 928.0-928.85 MHz/952.0-952.85 MHz/956.25-956.45 MHz bands are grandfathered as of January 19, 2000, and may continue to operate and expand their systems pursuant to the interference protection and co-channel spacing criteria contained in § 101.105 . ( 1 ) MAS operators are prohibited from acquiring additional frequencies in the 928.0-928.85 MHz/952.0-952.85 MHz/956.25-956.45 MHz bands and the 932.25625-932.49375 MHz/941.25625-941.49375 MHz bands for the purpose of expanding private carrier service and from changing the use of their frequencies in any manner that is inconsistent with this part. Refer to § 101.147 for designated uses. ( 2 ) Incumbent operators in the 928.0-928.85 MHz/952.0-952.85 MHz/956.25-956.45 MHz bands will include incumbents as defined in § 101.1331(a) , as well as, their transferees and/or assignees and the successors of the transferees and/or assignees and retain their grandfathered status, provided that the use of the MAS frequencies remains unchanged from that of the transferor and/or assignor of the license. ( c ) Incumbent operators in the 928.85-929.0/959.85-960.0 MHz bands are grandfathered as of January 19, 2000, and may expand their systems provided that the signal level of the additional transmitter(s) does not increase the composite contour that occurs at a 40.2 kilometer (25-mile) radius from the center of each master station transmitter site. Incumbent operators and geographic area licensees may negotiate alternative criteria. ( d ) The frequencies associated with incumbent authorizations in the 928/959 MHz bands that have cancelled automatically or otherwise been recovered by the Commission will automatically revert to the applicable EA licensee. ( e ) The frequencies associated with incumbent authorizations in the 928/952/956 MHz bands that have cancelled automatically will revert to the Commission. [ 65 FR 17450 , Apr. 3, 2000, as amended at 66 FR 35111 , July 3, 2001] § 101.1333 Interference protection criteria. ( a ) Frequency coordination. All EA licensees are required to coordinate their frequency usage with co-channel adjacent area licensees and all other affected parties. ( b ) EA licensees are prohibited from exceeding a signal strength of 40 dBµV/m at their service area boundaries, unless a higher signal strength is agreed to by all affected co-channel, adjacent area licensees. ( c ) EA licensees are prohibited from exceeding a signal strength of 40 dBµV/m at incumbent licensees' 40.2 kilometer (25-mile) radius composite contour specified in § 101.1331(c) . ( d ) In general, licensees shall comply with the appropriate coordination agreements between the United States and Canada and the United States and Mexico concerning cross-border sharing and use of the applicable MAS frequencies. ( 1 ) Canada—932.0-932.25 MHz and 941.0-941.25 MHz. ( i ) Within Lines A, B, C, and D, as defined in § 1.928(e) of this chapter , along the U.S./Canada border, U.S. stations operating in the 932.0-932.25 MHz and 941.0-941.25 MHz bands are on a secondary basis and may operate provided that they shall not transmit a power flux density (PFD) at the border greater than −100 dBW/m 2 nor −94 dBW/m 2 , respectively. The U.S. has full use of the frequencies in these regions up to the border in the bands 932.25-932.50 MHz and 941.25-941.50 MHz, and Canadian stations may operate on a secondary basis provided they do not exceed the respective PFDs shown above. PFD can be determined using the following formula: PFD (dBW/m 2 ) = 10 log [EIRP/4π(D 2 ], where EIRP is in watts, D is in meters, and the power is relative to an isotropic radiator. The technical parameters are also limited by tables 1 and 2: Table 1—Maximum Radiated Power Class of station Band MHz Maximum EIRP Maximum ERP 1 Watts dBW Watts dBW Master 941.0-941.5 1000 30 600 27.8 Fixed Remote and Master 932.0-932.5 50 17 30 14.8 1 Where ERP = EIRP/1.64.> ( ii ) Maximum antenna height above average terrain for master stations operating at a maximum power shall not exceed 150 meters. Above 150 meters, the power of master stations shall be in accordance with following table: Table 2—Antenna Height—Power Reduction Table Antenna height above average terrain (meters) EIRP ERP Watts dBW Watts dBW Above 305 200 23 120 20.8 Above 275 to 305 250 24 150 21.8 Above 245 to 275 315 25 190 22.8 Above 215 to 245 400 26 240 23.8 Above 180 to 215 500 27 300 24.8 Above 150 to 180 630 28 380 25.8 Note to Table 2: This information is from the Arrangement between the Federal Communications Commission and the National Telecommunications and Information Administration of the United States of America, and Industry Canada concerning the use of the bands 932 to 935 MHz and 941 to 944 MHz along the United States-Canada border signed in 1994. This agreement also lists grandfathered stations that must be protected. ( 2 ) Canada—928-929 MHz and 952-960 MHz. Between Lines A and B and between Lines C and D, as defined in § 1.928(e) of this chapter , along the U.S./Canada border, U.S. stations operating in the 928.50-928.75 MHz and 952.50-952.75 MHz bands are on an unprotected basis and may operate provided that they shall not transmit a power flux density (PFD) at or beyond the border greater than −100 dBW/m 2 . The U.S. has full use of the frequencies in these regions up to the border in the bands 928.25-928.50 MHz and 952.25-952.50 MHz, and Canadian stations may operate on an unprotected basis provided they do not exceed the PFD above. Frequencies in the bands 928.00-928.25 MHz, 928.75-929.00 MHz, 952.00-952.25 MHz, and 952.75-952.85 MHz are available for use on a coordinated, first-in-time, shared basis subject to protecting grandfathered stations. New stations must provide a minimum of 145 km (90 miles) separation or alternatively limit the actual PFD of the proposed station to −100 dBW/m 2 , at the existing co-channel master stations of the other country, or as mutually agreed upon on a case-by-case basis. Coordination is not required if the PFD at the border is lower than −100 dBW/m 2 . The technical criteria are also limited by the following: Maximum EIRP for master stations in the MHz band: 1000 watts (30 dBW) 952-953 Maximum EIRP for fixed remote stations or stations in the 928-929 MHz band: 50 watts (17 dBW) master Maximum EIRP for mobile master stations: 25 watts (14 dBW) Maximum antenna height above average master or control stations: 152 m at 1000 watts terrain for EIRP, power derated in accordance with the following table: Antenna height above average terrain (m) EIRP Watts dBm Above 305 200 53 Above 275 to 305 250 54 Above 244 to 274 315 55 Above 214 to 243 400 56 Above 183 to 213 500 57 Above 153 to 182 630 58 Below 152 1000 60 Note to table in paragraph ( d )(2): This information is from the Arrangement between the Department of Communications of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Bands 928 to 929 MHz and 952 to 953 MHz along the United States-Canada Border signed in 1991. This agreement also lists grandfathered stations that must be protected. ( 3 ) Mexico. Within 113 kilometers of the U.S./Mexico border, U.S. stations operating in the 932.0-932.25 MHz and 941.0-941.25 MHz bands are on a secondary basis (non-interference to Mexican primary licensees) and may operate provided that they shall not transmit a power flux density (PFD) at or beyond the border greater than −100 dBW/m 2 . Upon notification from the Commission, U.S. licensees must take proper measures to eliminate any harmful interference caused to Mexican primary assignments. The U.S. has full use of the frequencies in these regions up to the border in the bands 932.25-932.50 MHz and 941.25-941.50 MHz, and Mexican stations may operate on a secondary basis (non-interference to U.S. primary licensees) provided they do not exceed the PFD shown above. Stations using the 932-932.5 MHz band shall be limited to the maximum effective isotropic radiated power of 50 watts (17 dBW). Stations using the 941-941.5 MHz band shall meet the limits in the following table: Antenna height above average mean sea level (meters) EIRP Watts dBW Above 305 200 23 Above 274 to 305 250 24 Above 243 to 274 315 25 Above 213 to 243 400 26 Above 182 to 213 500 27 Above 152 to 182 630 28 Up to 152 1000 30 Note to table in paragraph ( d )(3): This information is from the Agreement between the Government of the United States of America and the Government of the United Mexican States Concerning the Allocation and Use of Frequency Bands by Terrestrial Non-Broadcasting Radiocommunication Services Along the Common Border, Protocol #6 Concerning the Allotment and Use of Channels in the 932-932.5 and 941-941.5 MHz Bands for Fixed Point-to-Multipoint Services Along the Common Border signed in 1994. [ 65 FR 17450 , Apr. 3, 2000, as amended at 68 FR 4961 , Jan. 31, 2003] Subpart P—Multichannel Video Distribution and Data Service Rules for the 12.2-12.7 GHz Band Source: 69 FR 31746 , June 7, 2004, unless otherwise noted. § 101.1401 Service areas. Multichannel Video Distribution and Data Service (MVDDS) is licensed on the basis of Designated Market Areas (DMAs). The 214 DMA service areas are based on the 210 Designated Market Areas delineated by Nielsen Media Research and published in its publication entitled U.S. Television Household Estimates, September 2002, plus four FCC-defined DMA-like service areas. ( a ) Alaska—Balance of State (all geographic areas of Alaska not included in Nielsen's three DMAs for the state: Anchorage, Fairbanks, and Juneau); ( b ) Guam and the Northern Mariana Islands; ( c ) Puerto Rico and the United States Virgin Islands; and ( d ) American Samoa. § 101.1403 Broadcast carriage requirements. MVDDS licensees are not required to provide all local television channels to subscribers within its area and thus are not required to comply with the must-carry rules, nor the local signal carriage requirements of the Rural Local Broadcast Signal Act. See Multichannel Video and Cable Television Service Rules, Subpart D (Carriage of Television Broadcast Signals), 47 CFR 76.51-76.70 . If an MVDDS licensee meets the statutory definition of Multiple Video Programming Distributor (MVPD), the retransmission consent requirement of section 325(b)(1) of the Communications Act of 1934, as amended ( 47 U.S.C. 325(b)(1) ) shall apply to that MVDDS licensee. Any MVDDS licensee that is an MVPD must obtain the prior express authority of a broadcast station before retransmitting that station's signal, subject to the exceptions contained in section 325(b)(2) of the Communications Act of 1934, as amended ( 47 U.S.C. 325(b)(2) ). Network nonduplication, syndicated exclusivity, sports blackout, and leased access rules shall not be imposed on MVDDS licensees. § 101.1405 Channeling plan. Each license shall have one spectrum block of 500 megahertz per geographic area that can be divided into any size channels. Disaggregation is not allowed. § 101.1407 Permissible operations for MVDDS. MVDDS licensees must use spectrum in the 12.2-12.7 GHz band for any digital fixed non-broadcast service (broadcast services are intended for reception of the general public and not on a subscribership basis) including one-way direct-to-home/office wireless service. Mobile and aeronautical services are not authorized. Two-way services may be provided by using other spectrum or media for the return or upstream path. § 101.1409 Treatment of incumbent licensees. Terrestrial private operational fixed point-to-point licensees in the 12.2-12.7 GHz band which were licensed prior to MVDDS or NGSO FSS satellite stations are incumbent point-to-point stations and are not entitled to protection from harmful interference caused by later MVDDS or NGSO FSS entrants in the 12.2-12.7 GHz band, except for public safety stations which must be protected. MVDDS and NGSO FSS operators have the responsibility of resolving any harmful interference problems that their operations may cause to these public safety incumbent point-to-point operations in the 12.2-12.7 GHz band. Incumbent public safety terrestrial point-to-point licensees may only make minor changes to their stations without losing this protection. This does not relieve current point-to-point licensees of their obligation to protect BSS operations in the subject frequency band. All point-to-point applications, including low-power operations, for new licenses, major amendments to pending applications, or major modifications to existing licenses for the 12.2-12.7 GHz band are no longer accepted except for renewals and changes in ownership. See § 1.929 of this chapter for definitions of major and minor changes. § 101.1411 Regulatory status and eligibility. ( a ) MVDDS licensees are permitted to provide one-way video programming and data services on a non-common carrier and/or on a common carrier basis. MVDDS is not required to be treated as a common carrier service unless it is providing non-Internet voice and data services through the public switched network. ( b ) MVDDS licensees in the 12.2-12.7 GHz band are subject to the requirements set forth in § 101.7 . ( c ) Any entity, other than one precluded by §§ 101.7 and 101.1412 , is eligible for authorization to provide MVDDS under this part. Authorization will be granted upon proper application filing in accordance with the Commission's rules. § 101.1412 MVDDS eligibility restrictions for cable operators. ( a ) Eligibility for MVDDS license. No cable operator, nor any entity owning an attributable interest in a cable operator, shall have an attributable interest in an MVDDS license if such cable operator's service area significantly overlaps the MVDDS license area, as “significantly overlaps” is defined in paragraph (e) of this section. ( b ) Definition of cable operator. For the purposes of paragraph (a) of this section, the term “cable operator” means a company that is franchised to provide cable service, as defined in 47 CFR 76.5(ff) of this chapter, in all or part of the MVDDS license area. ( c ) For the purpose of this section, the term “MVPD household” refers to a household that subscribes to one or more Multichannel Video Program Distributors (MVPDs), as defined in 47 CFR 76.1000(e) of this chapter. ( d ) Waiver of restriction. Upon completion of the initial award of an MVDDS license, a cable operator may petition for a waiver of the restriction on eligibility based upon a showing that changed circumstances or new evidence indicate that no significant likelihood of substantial competitive harm will result from the operator retaining an attributable interest in the MVDDS license. ( e ) Significant overlap with service area. For purposes of paragraph (a) of this section, significant overlap occurs when a cable operator's subscribers in the MVDDS license area make up thirty-five percent or more of the MVPD households in that MVDDS license area. ( f ) Definition of attributable interest. For purposes of paragraph (a) of this section, an entity shall be considered to have an attributable interest in a cable operator or MVDDS licensee pursuant to the following criteria: ( 1 ) A controlling interest shall constitute an attributable interest. Controlling interest means majority voting equity ownership, any general partnership interest, or any means of actual working control (including negative control) over the operation of the entity, in whatever manner exercised. ( 2 ) Any general partnership interest in a partnership; ( 3 ) Partnership and similar ownership interests (including limited partnership interests) amounting to 20 percent or more of the total partnership interests, calculated according to both the percentage of equity paid in and the percentage of distribution of profits and losses; ( 4 ) Any stock interest amounting to 20 percent or more of the outstanding voting stock of an entity; ( 5 ) Any voting or non-voting stock interest, amounting to 20 percent or more of the total outstanding stock of an entity; ( 6 ) Stock interests held in trust that exceed the limit set forth in paragraph (f) of this section shall constitute an attributable interest of any person who holds or shares the power to vote such stock, of any person who has the sole power to sell such stock, and, in the case of stock held in trust, of any person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial, personal, or extra-trust business relationship to the grantor or the beneficiary, the stock interests held in trust shall constitute an attributable interest of such grantor or beneficiary, as appropriate. ( 7 ) Debt and interests such as warrants and convertible debentures, options, or other interests (except non-voting stock) with rights of conversion to voting interests shall not constitute attributable interests unless and until conversion is effected. ( 8 ) An interest in a Limited Liability Company (LLC) or Registered Limited Liability Partnership (RLLP) amounting to 20 percent or more, shall constitute an attributable interest of each such limited partner. ( 9 ) Officers and directors of a cable operator, an MVDDS licensee, or an entity that controls such cable operator or MVDDS licensee, shall be considered to have an attributable interest in such cable operator or MVDDS licensee. ( 10 ) Ownership interests that are held indirectly by any party through one or more intervening corporations or other entities shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that, if the ownership for any interest in any link in the chain exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. ( 11 ) Any person who manages the operations of a cable operator or an MVDDS licensee pursuant to a management agreement shall be considered to have an attributable interest in such cable operator or MVDDS licensee, if such person or its affiliate has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence: ( i ) The nature or types of services offered by such entity; ( ii ) The terms upon which such services are offered; or ( iii ) The prices charged for such services. ( 12 ) Any person or its affiliate who enters into a joint marketing arrangement with a cable operator, an MVDDS licensee, or an affiliate of such entity, shall be considered to have an attributable interest in such cable operator, MVDDS licensee, or affiliate, if such person or its affiliate has authority to make decisions or otherwise engage in practices or activities that determine: ( i ) The nature or types of services offered by such entity; ( ii ) The terms upon which such services are offered; or ( iii ) The prices charged for such services. ( g ) Divestiture. Any cable operator, or any entity owning an attributable interest in a cable operator, that would otherwise be barred from acquiring an attributable interest in an MVDDS license by the eligibility restriction in paragraph (a) of this section, may be a party to an MVDDS application ( i.e., have an attributable interest in the applicant), and such applicant will be eligible for an MVDDS license, pursuant to the divestiture procedures set forth in paragraphs (g)(1) through (g)(6) of this section. ( 1 ) Divestiture shall be limited to the following prescribed means: ( i ) An MVDDS applicant holding an attributable interest in a cable operator may divest such interest in the cable company. ( ii ) Other MVDDS applicants disqualified under paragraph (a) of this section, will be permitted to: ( A ) Partition and divest that portion of the existing service area that causes it to exceed the overlap restriction in paragraph (a) of this section, subject to applicable regulations of state and local governments; or ( B ) Partition and divest that portion of the MVDDS geographic service area that exceeds the overlap restriction in paragraph (a) of this section. ( iii ) Divestiture may be to an interim trustee if a buyer has not been secured in the required period of time, as long as the MVDDS applicant has no interest in or control of the trustee and the trustee may dispose of the license as it sees fit. ( 2 ) The MVDDS applicant shall certify as an exhibit to its short form application that it and all parties to the application will come into compliance with paragraph (a) of this section. ( 3 ) If such MVDDS applicant is a successful bidder in an auction, it must submit with its long-form application a signed statement describing its efforts to date and future plans to come into compliance with the eligibility restrictions in paragraph (a) of this section. ( 4 ) If such an MVDDS applicant is otherwise qualified, its application will be granted subject to a condition that the applicant shall come into compliance with the eligibility restrictions in paragraph (a) within ninety (90) days of final grant of such MVDDS license. ( 5 ) An MVDDS applicant will be considered to have come into compliance with paragraph (a) of this section if: ( i ) In the case of the divestiture of a portion of an MVDDS license service area, it has successfully completed the assignment or transfer of control of the requisite portion of the MVDDS geographic service area. ( ii ) In all other cases, it has submitted to the Commission a signed certification that it has come into compliance with paragraph (a) of this section by the following means, identified in such certification: ( A ) By divestiture of a disqualifying interest in a cable operator, identified in terms of the interest owned, the owner of such interest (and, if such owner is not the applicant itself, the relationship of the owner to the applicant), the name of the party to whom such interest has been divested, and the date such divestiture was executed; or ( B ) By divestiture of the requisite portion of the cable operator's existing service area, identified in terms of the name of the party to whom such interest has been divested, the date such divestiture was executed, the name of any regulatory agency that must approve such divestiture, and the date on which an application was filed for this purpose with the regulatory agency. ( 6 ) If no such certification or application is tendered to the Commission within ninety (90) days of final grant of the initial license, the Commission may cancel or rescind the license automatically, shall retain all monies paid to the Commission, and, based on the facts presented, shall take any other action it may deem appropriate. Note to § 101.1412 : Waivers of § 101.1412(f) may be granted upon an affirmative showing: (a) That the interest holder has less than a fifty percent voting interest in the licensee and there is an unaffiliated single holder of a fifty percent or greater voting interest; (b) That the interest holder is not likely to affect the local market in an anticompetitive manner; (c) That the interest holder is not involved in the operations of the licensee and does not have the ability to influence the licensee on a regular basis; and (d) That grant of a waiver is in the public interest because the benefits to the public of common ownership outweigh any potential anticompetitive harm to the market. [ 69 FR 31746 , June 7, 2004, as amended at 69 FR 59146 , Oct. 4, 2004] § 101.1413 License term and construction requirements. ( a ) The MVDDS license term is ten years, beginning on the date of the initial authorization grant. ( b ) As a construction requirement, MVDDS licensees must make a showing of substantial service at the end of five years into the license period and ten years into the license period. The substantial service requirement is defined as a service that is sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal. At the end of five years into the license term and ten years into the license period, the Commission will consider factors such as: ( 1 ) Whether the licensee's operations service niche markets or focus on serving populations outside of areas serviced by other MVDDS licensees; ( 2 ) Whether the licensee's operations serve populations with limited access to telecommunications services; and ( 3 ) A demonstration of service to a significant portion of the population or land area of the licensed area. ( c ) The renewal application of an MVDDS licensee is governed by § 1.949 of this chapter . [ 69 FR 31746 , June 7, 2004, as amended at 82 FR 41549 , Sept. 1, 2017] § 101.1415 Partitioning and disaggregation. ( a ) MVDDS licensees are permitted to partition licensed geographic areas along county borders (Parishes in Louisiana or Territories in Alaska). Disaggregation will not be permitted by MVDDS licensees in the 12.2-12.7 GHz band. “Partitioning” is the assignment of geographic portions of a license along geopolitical or other boundaries. “Disaggregation” is the assignment of discrete portions or “blocks” of spectrum licensed to a geographic licensee or qualifying entity. ( b ) Eligibility. ( 1 ) Parties seeking approval for partitioning shall request from the Commission an authorization for partial assignment of a license pursuant to § 1.948 of this chapter . ( 2 ) MVDDS licensees may apply to the Commission to partition their licensed geographic service areas to eligible entities and are free to partition their licensed spectrum at any time following the grant of a license. ( 3 ) Any existing frequency coordination agreements shall convey with the assignment of the geographic area or spectrum, and shall remain in effect for the term of the agreement unless new agreements are reached. ( c ) Technical standards. ( 1 ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. ( 2 ) The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). ( d ) Unjust enrichment. 12 GHz licensees that received a bidding credit and partition their licenses to entities not meeting the eligibility standards for such a bidding credit, will be subject to the provisions concerning unjust enrichment as set forth in § 1.2111 of this chapter . ( e ) License term. The MVDDS license term is ten years, beginning on the date of the initial authorization grant. The license term for a partitioned license area shall be the remainder of the original licensee's license term as provided for in § 101.1413 . [ 69 FR 31746 , June 7, 2004, as amended at 82 FR 41549 , Sept. 1, 2017] § 101.1417 Annual report. Each MVDDS licensee shall file with the Broadband Division of the Wireless Telecommunications Bureau of the Commission two copies of a report by March 1 of each year for the preceding calendar year. This report must include the following: ( a ) Name and address of licensee; ( b ) Station(s) call letters and primary geographic service area(s); and ( c ) The following statistical information for the licensee's station (and each channel thereof): ( 1 ) The total number of separate subscribers served during the calendar year; ( 2 ) The total hours of transmission service rendered during the calendar year to all subscribers; ( 3 ) The total hours of transmission service rendered during the calendar year involving the transmission of local broadcast signals; and ( 4 ) A list of each period of time during the calendar year in which the station rendered no service as authorized, if the time period was a consecutive period longer than 48 hours. § 101.1421 Coordination of adjacent area MVDDS stations. ( a ) MVDDS licensees in the 12.2-12.7 GHz band are required to develop sharing and protection agreements based on the design and architecture of their systems, in order to ensure that no harmful interference occurs between adjacent geographical area licensees. MVDDS licensees shall: ( 1 ) Engineer systems to be reasonably compatible with adjacent and co-channel operations in the adjacent areas on all its frequencies; and ( 2 ) Cooperate fully and in good faith to resolve interference and transmission problems that are present on adjacent and co-channel operations in adjacent areas. ( b ) Harmful interference to public safety stations, co-channel MVDDS stations operating in adjacent geographic areas, and stations operating on adjacent channels to MVDDS stations is prohibited. In areas where the DMAs are in close proximity, careful consideration should be given to power requirements and to the location, height, and radiation pattern of the transmitting and receiving antennas. Licensees are expected to cooperate fully in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission. ( c ) Licensees shall coordinate their facilities whenever the facilities have optical line-of-sight into other licensees' areas or are within the same geographic area. Licensees are encouraged to develop operational agreements with relevant licensees in the adjacent geographic areas. Incumbent public safety POFS licensee(s) shall retain exclusive rights to its channel(s) within the relevant geographical areas and must be protected in accordance with the procedures in § 101.103 . A list of public safety incumbents is attached as Appendix I to the Memorandum Opinion and Order and Second Report and Order, Docket 98-206, released May 23, 2002. Please check with the Commission for any updates to that list. § 101.1423 Canadian and Mexican coordination. Pursuant to § 2.301 of this chapter , MVDDS systems in the United States within 56 km (35 miles) of the Canadian and Mexican border will be granted conditional licenses, until final international agreements are approved. These systems may not cause harmful interference to stations in Canada or Mexico. MVDDS stations must comply with the procedures outlined under §§ 101.147(p) and 1.928(f)(1) and (f)(2) of this chapter until final international agreements concerning MVDDS are signed. Section 1.928(f) of this chapter states that transmitting antennas can be located as close as five miles (eight kilometers) of the border if they point within a sector of 160 degrees away from the border, and as close as thirty-five miles (fifty-six km) of the border if they point within a sector of 200 degrees toward the border without coordination with Canada. MVDDS licensees shall apply this method near the Canadian and Mexican borders. No stations are allowed within 5 miles of the borders. § 101.1425 RF exposure. MVDDS stations in the 12.2-12.7 GHz frequency band shall ensure compliance with the Commission's radio frequency exposure requirements in § 1.1307(b) of this chapter . An Environmental Assessment may be required if RF radiation from the proposed facilities would, in combination with radiation from other sources, cause RF power density or field strength in an accessible area to exceed the applicable limits specified in § 1.1310 of this chapter . [ 85 FR 18151 , Apr. 1, 2020] § 101.1427 MVDDS licenses subject to competitive bidding. Mutually exclusive initial applications for MVDDS licenses in the 12.2-12.7 GHz band are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. § 101.1429 Designated entities. ( a ) Eligibility for small business provisions. ( 1 ) A very small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $3 million for the preceding three years. ( 2 ) A small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $15 million for the preceding three years. ( 3 ) An entrepreneur is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $40 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter . A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . § 101.1440 MVDDS protection of DBS. ( a ) An MVDDS licensee shall not begin operation unless it can ensure that the EPFD from its transmitting antenna at all DBS customers of record locations is below the values listed for the appropriate region in § 101.105(a)(4)(ii) . Alternatively, MVDDS licensees may obtain a signed written agreement from DBS customers of record stating that they are aware of and agree to their DBS system receiving MVDDS signal levels in excess of the appropriate EPFD limits specified in § 101.105(a)(4)(ii) . DBS customers of record are those who had their DBS receive antennas installed prior to or within the 30 day period after notification to the DBS operator by the MVDDS licensee of the proposed MVDDS transmitting antenna site. ( b ) MVDDS licensees are required to conduct a survey of the area around its proposed transmitting antenna site to determine the location of all DBS customers of record that may potentially be affected by the introduction of its MVDDS service. The MVDDS licensee must assess whether the signal levels from its system, under its deployment plans, would exceed the appropriate EPFD levels in § 101.105(a)(4)(ii) at any DBS customer of record location. Using EPFD calculations, terrain and building structure characteristics, and the survey results, an MVDDS licensee must make a determination of whether its signal level(s) will exceed the EPFD limit at any DBS customer of record sites. To assist in making this determination, the MVDDS provider can use the EPFD contour model developed by the Commission and described in Appendix J of the Memorandum Opinion and Order and Second Report and Order, ET Docket 98-206 or on the OET website at http://www.fcc.gov/oet/dockets/et98-206 . ( c ) If the MVDDS licensee determines that its signal level will exceed the EPFD limit at any DBS customer site, it shall take whatever steps are necessary, up to and including finding a new transmit site, to ensure that the EPFD limit will not be exceeded at any DBS customer location. ( d ) Coordination between MVDDS and DBS licensees. ( 1 ) At least 90 days prior to the planned date of MVDDS commencement of operations, the MVDDS licensee shall provide the following information to the DBS licensee(s): ( i ) Geographic location (including NAD 83 coordinates) of its proposed station location; ( ii ) Maximum EIRP of each transmitting antenna system; ( iii ) Height above ground level for each transmitting antenna; ( iv ) Antenna type along with main beam azimuth and altitude orientation information, and description of the antenna radiation pattern; ( v ) Description of the proposed service area; and ( vi ) Survey results along with a technical description of how it determined compliance with the appropriate EPFD level at all DBS subscriber locations. ( 2 ) No later than forty-five days after receipt of the MVDDS system information in paragraph (d)(1) of this section, the DBS licensee(s) shall provide the MVDDS licensee with a list of only those new DBS customer locations that have been installed in the 30-day period following the MVDDS notification and that the DBS licensee believes may receive harmful interference or where the prescribed EPFD limits may be exceeded. In addition, the DBS licensee(s) could indicate agreement with the MVDDS licensee's technical assessment, or identify DBS customer locations that the MVDDS licensee failed to consider or DBS customer locations where they believe the MVDDS licensee erred in its analysis and could exceed the prescribed EPFD limit. ( 3 ) Prior to commencement of operation, the MVDDS licensee must take into account any new DBS customers or other relevant information provided by DBS licensees in response to the notification in paragraph (d)(1) of this section. ( e ) Beginning thirty days after the DBS licensees are notified of a potential MVDDS site in paragraph (d)(1) of this section, the DBS licensees are responsible for providing information they deem necessary for those entities who install all future DBS receive antennas on its system to take into account the presence of MVDDS operations so that these DBS receive antennas can be located in such a way as to avoid the MVDDS signal. These later installed DBS receive antennas shall have no further rights of complaint against the notified MVDDS transmitting antenna(s). ( f ) In the event of either an increase in the EPFD contour in any direction or a major modification as defined in § 1.929 of this chapter , such as the addition of an antenna, to an MVDDS station, the procedures of paragraphs (d) and (e) of this section and rights of complaint begin anew. Exceptions to this are renewal, transfer of control, and assignment of license applications. ( g ) Interference complaints. The MVDDS licensee must satisfy all complaints of interference to DBS customers of record which are received during a one year period after commencement of operation of the transmitting facility. Specifically, the MVDDS licensee must correct interference caused to a DBS customer of record or cease operation if it is demonstrated that the DBS customer is receiving harmful interference from the MVDDS system or that the MVDDS signal exceeds the permitted EPFD level at the DBS customer location. Subpart Q—Service and Technical Rules for the 70/80/90 GHz Bands Source: 69 FR 3267 , Jan. 23, 2004, unless otherwise noted. § 101.1501 Service areas. The 70/80/90 GHz bands are licensed on the basis of non-exclusive nationwide licenses. There is no limit to the number of non-exclusive nationwide licenses that may be granted for these bands, and these licenses will serve as a prerequisite for registering individual point-to-point links. In the 71-76 GHz and 81-86 GHz bands, nationwide non-exclusive licenses also serve as a blanket license for air-to-air and ship-to-ship operations, and as a prerequisite to register ground-to-air (GTA) stations and to operate associated GTA and air-to-ground (ATG) transmissions; and as a prerequisite to register shore stations and aerostat relay stations and to operate associated ship-to-shore, shore-to-ship, shore-to-aerostat, aerostat-to-ship, and aerostat-to-shore transmissions. [ 89 FR 33261 , Apr. 29, 2024] § 101.1505 Segmentation plan. ( a ) An entity may request any portion of the 71-76 GHz and 81-86 GHz bands, up to 5 gigahertz in each segment for a total of 10 gigahertz. Licensees are also permitted to register smaller segments. ( b ) The 92-95 GHz band is divided into three segments: 92.0-94.0 GHz and 94.1-95.0 GHz for non-government and government users, and 94.0-94.1 GHz for Federal Government use. Pairing is allowed and segments may be aggregated without limit. The bands in paragraph (a) of this section can be included for a possible 12.9 gigahertz maximum aggregation. Licensees are also permitted to register smaller segments than provided here. [ 70 FR 29998 , May 25, 2005] § 101.1507 Permissible operations. Licensees may use the 70 GHz, 80 GHz, and 90 GHz bands for any point-to-point, non-broadcast service. Licensees may use the 70 GHz and 80 GHz bands for aeronautical and maritime service as set forth in § 101.1528 . The segments may be unpaired or paired, but pairing will be permitted only in a standardized manner (e.g., 71-72.25 GHz may be paired only with 81-82.25 GHz, and so on). The segments may be aggregated without limit. [ 89 FR 33262 , Apr. 29, 2024] § 101.1511 Regulatory status and eligibility. ( a ) Licensees are permitted to provide services on a non-common carrier and/or on a common carrier basis. ( b ) Licensees are subject to the requirements set forth in § 101.7 . ( c ) Any entity, other than one precluded by § 101.7 , is eligible for authorization to provide service under this part. Authorization will be granted upon proper application filing and link coordination in accordance with the Commission's rules. § 101.1513 License term. The license term is ten years, beginning on the date of the initial authorization (nationwide license) grant. Registering links will not change the overall renewal period of the license. [ 70 FR 29998 , May 25, 2005] § 101.1523 Sharing and coordination among non-government licensees and between non-government and government services. Cross Reference Link to an amendment published at 89 FR 33262 , Apr. 29, 2024. ( a ) Registration of each link in the 71-76 GHz, 81-86 GHz, and 92-95 GHz bands will be in the Universal Licensing System until the Wireless Telecommunications Bureau announces by public notice the implementation of a third-party database. ( b ) The licensee or applicant shall: ( 1 ) Complete coordination with Federal Government links according to the coordination standards and procedures adopted in Report and Order, FCC 03-248, and as further detailed in subsequent implementation public notices issued consistent with that order; ( 2 ) Provide an electronic copy of an interference analysis to the third-party database manager which demonstrates that the potential for harmful interference to or from all previously registered non-government links has been analyzed according to the standards of section 101.105 and generally accepted good engineering practice, and that the proposed non-government link will neither cause harmful interference to, nor receive harmful interference from, any previously registered non-government link; and ( 3 ) Provide upon request any information related to the interference analysis and the corresponding link. The third-party database managers shall receive and retain the interference analyses electronically and make them available to the public. Protection of individual links against harmful interference from other links shall be granted to first-in-time registered links. Successful completion of coordination via the NTIA automated mechanism shall constitute successful non-Federal Government to Federal Government coordination for that individual link. ( c ) In addition, the following types of non-Federal Government links require the filing with the Commission an FCC Form 601 for each link for the purpose of coordination and registration, in addition to registering each link in the third-party database: ( 1 ) Facilities requiring the submission of an Environmental Assessment, ( 2 ) Facilities requiring international coordination, and ( 3 ) Operation in quiet zones. ( d ) The Commission believes the licensee is in the best position to determine the nature of its operations and whether those operations impact these settings, and is required to submit to a database manager, as part of the registration package, documentation that an FCC Form 601 has been filed. [ 69 FR 3267 , Jan. 23, 2004, as amended at 70 FR 29998 , May 25, 2005] § 101.1525 RF safety. Licensees in the 70-80-90 GHz bands are subject to the exposure requirements found in §§ 1.1307(b) , 2.1091 and 2.1093 of this chapter , and will use the parameters found therein. § 101.1527 Canadian and Mexican coordination. ( a ) A licensee of bands 71.0-76.0, 81.0-86.0, 92-94 GHz and 94.1-95 GHz must comply with § 1.928(f) of this chapter , which pertains to coordination with Canada. ( b ) A licensee of bands 71.0-76.0, 81.0-86.0, 92-94 GHz and 94.1-95 GHz must coordinate with Mexico in the following situations: ( 1 ) For a station the antenna of which looks within the 200 deg. sector toward the Mexico-United States borders, that area in each country within 35 miles of the borders; and ( 2 ) For a station the antenna of which looks within the 160 deg. sector away from the Canada-United States borders, that area in each country within 5 miles of the borders. § 101.1528 Requirements for aeronautical and maritime links to, from, or between endpoints in motion. Cross Reference Link to an amendment published at 89 FR 33264 , Apr. 29, 2024. ( a ) Requirements for aeronautical ground stations and endpoints in motion. ( 1 ) Air-to-ground transmissions are permitted only in the 71-76 GHz band. ( 2 ) Ground-to-air transmissions are permitted only in the 81-86 GHz band. ( 3 ) Air-to-air transmissions are permitted only between aircraft that are separated by a minimum slant path distance of 50 km. ( 4 ) Transmissions are only permitted to and from aircraft at altitudes between 10,000 ft and 50,000 ft. ( 5 ) Ground stations must operate with a minimum elevation angle of 5 degrees and a maximum elevation angle of 45 degrees. ( 6 ) Ground stations must be located at least 10 km from any existing Non-Federal FSS earth station or Federal facility listed in table 4 to paragraph (c)(2) of this section, absent a coordination agreement with the FSS operator. ( 7 ) Ground stations must be located at least 150 km from the specific Federal facilities and not within the areas listed in table 3 to paragraph (c)(1) of this section, absent a coordination agreement with the Federal operator. ( 8 ) Ground stations must be located at least 10 km from any existing Federal or non-Federal fixed station receiver, absent a coordination agreement with the fixed station operator. ( 9 ) Air-to-air transmissions are permitted in 81-86 GHz subject to the following limitations; ( i ) EIRP signal levels radiated along a line between the airborne transmitter and the latitude and longitude of the observatories in table 3 to paragraph (c)(1) of this section, which must be maintained as the airborne transmitter moves, cannot exceed the levels shown in table 1 to this paragraph (a)(9)(i) . Within the range of 150 km and 375 km, the maximum allowable EIRP levels for horizontal distances not listed in table below may be approximated by linear interpolation. Table 1 to Paragraph ( a )(9)( i )—List of Maximum Allowable EIRP levels, in d BW Frequency (GHz) Horizontal distance (km) 150 175 200 225 250 275 300 325 350 375 81 −11.2 −8.8 −6.5 −4.2 −1.5 1.1 3.9 6.7 10 13.5 82 −11.5 −9.2 −6.9 −4.6 −2 0.5 3.2 6 9.2 12.6 83 −11.7 −9.5 −7.3 −5 −2.4 0 2.7 5.4 8.6 11.9 84 −11.9 −9.7 −7.5 −5.3 −2.8 −0.4 2.3 4.9 8 11.3 85 −12.1 −9.9 −7.8 −5.5 −3 −0.7 1.9 4.5 7.6 10.8 86 −12.2 −10 −7.9 −5.7 −3.3 −0.9 1.7 4.2 7.3 10.5 ( ii ) A licensee of aeronautical end points in motion must have a capability to target specific areas which can be added to a “block list” as part of a dynamic link management system. If air-to-air transmission within the main beam of the radio astronomy receiver cannot be avoided, air-to-air transmissions within the radio horizon of the radio astronomy site (as specified in table 2 to this paragraph (a)(9)(ii) ) should not occur. Table 2 to Paragraph ( a )(9)( ii )—Approximate Radio Horizon, in Horizontal Distance [km] Altitude (m) Approximate radio horizon (km) (horizontal distance) 10,360 375 8,000 315 6,000 260 5,000 220 4,000 180 3,000 125 ( iii ) The list of radio astronomy sites may be periodically updated by the NTIA and the FCC. This rule may be superseded by a coordination agreement between the licensee and NSF, in which case the coordination agreement will specify the technical restrictions. ( 10 ) Air-to-air transmissions in the 71-76 GHz band are subject to the following restrictions: ( i ) EIRP signal levels shall be limited to 20 dBW/1000 MHz towards each military installation listed in table 4 to paragraph (c)(2) that is within 375 km of the airborne transmitter. This 20 dBW/1000 MHz EIRP applies to the power radiated along a line between the airborne transmitter and the latitude and longitude of the military installations in table 4 to paragraph (c)(2) of this section and must be maintained as the airborne transmitter moves. An EIRP of 57 dBW/1000 MHz is allowed in other directions. The list of military installations in table 4 to paragraph (c)(2) of this section may be periodically updated by the NTIA and the FCC. This rule may be superseded by a coordination agreement between the licensee and the Department of Defense (DoD), in which case the coordination agreement will specify the technical restrictions and allow the licensee and DoD to update the list of protected installations in the agreement. The locations of all aeronautical end-point-in-motion ground stations will be provided to NTIA and DoD as part of the coordination process. ( ii ) A licensee of aeronautical end points in motion must have a capability to target specific areas which can be added to a “block list” as part of a dynamic link management system. If air-to-air transmission within the main beam of the radio astronomy receivers associated with the observatories in table 3 to paragraph (c)(1) of this section cannot be avoided, air-to-air transmissions within the radio horizon of the radio astronomy site (as specified in table 2 to paragraph (a)(9)(ii) of this section) should not occur. ( iii ) The list of radio astronomy sites may be periodically updated by the NTIA and the FCC. This rule may be superseded by a coordination agreement between the licensee and NSF, in which case the coordination agreement will specify the technical restrictions. ( b ) Requirements for maritime shore stations, aerostats, and endpoints in motion. ( 1 ) Ship-to-shore transmissions are only permitted in the 81-86 GHz band. ( 2 ) Shore-to-ship transmissions are only permitted in the 71-76 GHz band. ( 3 ) Shore-to-aerostat transmissions are only permitted in the 71-76 GHz band. ( 4 ) Aerostat-to-ship transmissions are only permitted in the 71-76GHz band. ( 5 ) Aerostat-to-shore transmissions are only permitted in the 81-86GHz band. ( 6 ) Aerostat must not operate above an altitude limit of 1000 ft. ( 7 ) Ship-to-ship communications are limited to ships located more than 30 km offshore, or closer only where the main beam of the transmit antenna is oriented at least 15 degrees away from any point on the shore. ( 8 ) Ship stations and aerostat stations must only operate when there is a minimum separation of 150 km to the specific Federal facilities and not within the areas listed in table 3 to paragraph (c)(1) of this section, absent a coordination agreement with the Federal operator. ( 9 ) Shore-to-ship and ship-to-shore transmission must only occur between stations that are located at least 10 km from the Federal military installations listed in table 4 to paragraph (c)(2) of this section, absent a coordination agreement with the Federal operator. ( c ) Protected Federal sites. ( 1 ) RAS and VLBA sites: Table 3 to Paragraph ( c )(1) RAS station name North latitude West longitude Arizona Radio Observatory (ARO) 12-meter 31°57′11.9″ 111°36′53.6″ Green Bank Observatory 38°25′59″ 79°50′23″ Very Large Array (VLA), Socorro, NM 34°04′44″ 107°37′06″ Owens Valley Radio Observatory (OVRO), Big Pine, CA 37°14′02″ 118°16′55″ Haystack Observatory, Westford, MA 42°37′24″ 071°29′18″ National Radio Astronomy Observatory, Very Long Baseline Array Stations: Brewster, WA 48°07′52″ 119°41′00″ Fort Davis, TX 30°38′06″ 103°56′41″ Hancock, NH 42°56′01″ 71°59′12″ Kitt Peak, AZ 31°57′23″ 111°36′45″ Los Alamos, NM 35°46′30″ 106°14′44″ Mauna Kea, HI 19°48′05″ 155°27′20″ North Liberty, IA 41°46′17″ 91°34′27″ Owens Valley, CA 37°13′54″ 118°16′37″ Pie Town, NM 34°18′04″ 108°07′09″ Saint Croix, VI 17°45′24″ 64°35′01″ National Radio Quiet Zone Rectangular area between latitudes 37°30′ N and 39°15′ N, and longitudes 78°30′ W and 80°30′ W. Next-generation Very Large Array (ngVLA) Rectangular area between latitudes 31°22′1.9″ N and 34°23′10″ N, and longitudes 109°1′53.4″ W and 103°4′39″ W. ( 2 ) Military installations: Table 4 to Paragraph ( c )(2) Military installation Latitude Longitude Redstone Arsenal, AL 34°41′42″ N 086°39′04″ W Fort Huachuca, AZ 31°33′18″ N 110°20′59″ W Yuma Proving Ground, AZ 33°01′02″ N 114°15′05″ W Beale AFB, CA 39°06′41″ N 121°21′36″ W Camp Parks Reserve Forces Training Area, CA 34°43′00″ N 121°54′08″ W China Lake Naval Air Weapons Station, CA 35°41′05″ N 117°41′19″ W Edwards AFB, CA 34°54′58″ N 117°56′07″ W Fort Irwin, CA 35°16′22″ N 116°41′05″ W Marine Corps Air Ground Combat Center, CA 34°13′54″ N 116°03′42″ W Buckley AFB, CO 39°42′36″ N 104°45′29″ W Schriever AFB, CO 38°48′12″ N 104°31′32″ W Fort Gordon, GA 33°25′14″ N 082°09′09″ W Naval Satellite Operations Center, GU 13°34′55″ N 144°50′50″ E Naval Computer and Telecomm Area Master Station, Pacific, HI 21°31′16″ N 157°59′57″ W Fort Detrick, MD 39°26′08″ N 077°25′38″ W Nellis AFB, NV 36°14′29″ N 115°03′03″ W Nevada Test Site, NV 38°33′41″ N 116°42′30″ W Tonapah Test Range Airfield, NV 37°47′56″ N 116°46′51″ W Cannon AFB, NM 34°23′23″ N 103°19′06″ W White Sands Missile Range, NM 32°56′38″ N 106°25′11” W Dyess AFB, TX 31°10′10″ N 099°41′01″ W Fort Bliss, TX 31°48′45″ N 106°25′17″ W Fort Sam Houston, TX 29°26′34″ N 098°26′33″ W Goodfellow AFB, TX 31°26′05″ N 100°24′11″ W Kelly AFB, TX 29°22′51″ N 098°34′40″ W Utah Test and Training Range, UT 40°12′00″ N 112°54′00″ W Fort Belvoir, VA 38°43′08″ N 077°09′15″ W Naval Satellite Operations Center, VA 36°34′00″ N 076°14′00″ W [ 89 FR 33262 , Apr. 29, 2024]"}}},{"rowIdx":48,"cells":{"file_name":{"kind":"string","value":"title-47_24.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 24—PERSONAL COMMUNICATIONS SERVICES Authority: 47 U.S.C. 154 , 301 , 302 , 303 , 309 and 332 . Source: 58 FR 59183 , Nov. 8, 1993, unless otherwise noted. Redesignated at 59 FR 18499 , Apr. 19, 1994. Subpart A—General Information § 24.1 Basis and purpose. This section contains the statutory basis for this part of the rules and provides the purpose for which this part is issued. ( a ) Basis. The rules for the personal communications services (PCS) in this part are promulgated under the provisions of the Communications Act of 1934, as amended, that vests authority in the Federal Communications Commission to regulate radio transmission and to issue licenses for radio stations. ( b ) Purpose. This part states the conditions under which portions of the radio spectrum are made available and licensed for PCS. ( c ) Scope. The rules in this part apply only to stations authorized under this part. Rules in subparts D and E apply only to stations authorized under those subparts. [ 58 FR 59183 , Nov. 8, 1993. Redesignated at 59 FR 18499 , Apr. 19, 1994, and amended at 59 FR 32854 , June 24, 1994] § 24.2 Other applicable rule parts. Other FCC rule parts applicable to licensees in the personal communications services include the following: ( a ) Part 0. This part describes the Commission's organization and delegations of authority. Part 0 of this chapter also lists available Commission publications, standards and procedures for access to Commission records, and location of Commission Field Offices. ( b ) 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 concerning violation notices and forfeiture proceedings; and the environmental requirements that, together with the procedures specified in § 17.4(c) of this chapter , if applicable, must be complied with prior to the initiation of construction. Subpart F includes the rules for the Wireless Telecommunications Services and the procedures for filing electronically via the ULS. ( c ) Part 2. This part contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contains standards and procedures concerning the marketing and importation of radio frequency devices, and for obtaining equipment authorization. ( d ) Part 5. This part contains rules prescribing the manner in which parts of the radio frequency spectrum may be made available for experimentation. ( e ) Part 15. This part contains rules setting out the regulations under which an intentional, unintentional, or incidental radiator may be operated without an individual license. It also contains the technical specifications, administrative requirements and other conditions relating to the marketing of part 15 devices. Unlicensed PCS devices operate under subpart D of part 15. ( f ) Part 17. This part contains requirements for the construction, marking and lighting of antenna towers, and the environmental notification process that must be completed before filing certain antenna structure registration applications. ( g ) Part 20 of this chapter governs commercial mobile radio services. ( h ) Part 21. This part contains rules concerning multipoint distribution service and multichannel multipoint distribution service. ( i ) Part 68. This part contains technical standards for connection of terminal equipment to the telephone network. ( j ) Part 101. This part contains rules concerning common carrier and private services relating to fixed point-to-point and point-to-multipoint microwave systems. [ 58 FR 59183 , Nov. 8, 1993. Redesignated and amended at 59 FR 18499 , Apr. 19, 1994, as amended at 63 FR 68952 , Dec. 14, 1998; 65 FR 38325 , June 20, 2000; 77 FR 3954 , Jan. 26, 2012] § 24.3 Permissible communications. PCS licensees may provide any mobile communications service on their assigned spectrum. Fixed services may be provided on a co-primary basis with mobile operations. Broadcasting as defined in the Communications Act is prohibited. [ 61 FR 45356 , Aug. 29, 1996] § 24.5 Terms and definitions. Assigned Frequency. The center of the frequency band assigned to a station. Authorized Bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is normally considered to be the necessary or occupied bandwidth, whichever is greater. Average Terrain. The average elevation of terrain between 3 and 16 kilometers from the antenna site. Base Station. A land station in the land mobile service. Broadband PCS. PCS services operating in the 1850-1890 MHz, 1930-1970 MHz, 2130-2150 MHz, and 2180-2200 MHz bands. Effective Radiated Power (e.r.p.) ( in a given direction ). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. Equivalent Isotropically Radiated Power (e.i.r.p.). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Fixed Service. A radiocommunication service between specified fixed points. Fixed Station. A station in the fixed service. Land Mobile Service. A mobile service between base stations and land mobile stations, or between land mobile stations. Land Mobile Station. A mobile station in the land mobile service capable of surface movement within the geographic limits of a country or continent. Land Station. A station in the mobile service not intended to be used while in motion. Mobile Service. A radiocommunication service between mobile and land stations, or between mobile stations. Mobile Station. A station in the mobile service intended to be used while in motion or during halts at unspecified points. Narrowband PCS. PCS services operating in the 901-902 MHz, 930-931 MHz, and 940-941 MHz bands. National Geodetic Reference System (NGRS): The name given to all geodetic control data contained in the National Geodetic Survey (NGS) data base. (Source: National Geodetic Survey, U.S. Department of Commerce) PCS Relocator. A PCS entity that pays to relocate a fixed microwave link from its existing 2 GHz facility to other media or other fixed channels. Personal Communications Services (PCS). Radio communications that encompass mobile and ancillary fixed communication that provide services to individuals and businesses and can be integrated with a variety of competing networks. Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. UTAM. The Unlicensed PCS Ad Hoc Committee for 2 GHz Microwave Transition and Management, which coordinates relocation in the 1910-1930 MHz band. Voluntarily Relocating Microwave Incumbent A microwave incumbent that voluntarily relocates its licensed facilities to other media or fixed channels. [ 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 12757 , Mar. 18, 1997; 63 FR 68952 , Dec. 14, 1998] § 24.9 Operation of certificated signal boosters. Individuals and non-individuals may operate certificated Consumer Signal Boosters on frequencies regulated under this part provided that such operation complies with all applicable rules under this part and § 20.21 of this chapter . Failure to comply with all applicable rules voids the authority to operate a signal booster. [ 78 FR 21564 , Apr. 11, 2013] Subpart B—Applications and Licenses General Filing Requirements § 24.10 Scope. This subpart contains some of the procedures and requirements for filing applications for licenses in the personal communications services. One also should consult subparts F and G of this part . Other Commission rule parts of importance that may be referred to with respect to licensing and operation of radio services governed under this part include 47 CFR parts 0 , 1 , 2 , 5 , 15 , 17 and 20 . [ 59 FR 32854 , June 24, 1994] § 24.11 Initial authorization. ( a ) An applicant must file a single application for an initial authorization for all markets won and frequency blocks desired. ( b ) Blanket licenses are granted for each market and frequency block. Applications for individual sites are not required and will not be accepted. [ 59 FR 32854 , June 24, 1994, as amended at 63 FR 68952 , Dec. 14, 1998] § 24.12 Eligibility. Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310 , is eligible to hold a license under this part. [ 70 FR 61059 , Oct. 20, 2005] § 24.15 License period. Licenses for service areas will be granted for ten year terms from the date of original issuance or renewal. Subpart C—Technical Standards § 24.50 Scope. This subpart sets forth the technical requirements for use of the spectrum and equipment in the personal communications services. § 24.51 Equipment authorization. ( a ) Each transmitter utilized for operation under this part and each transmitter marketed, as set forth in § 2.803 of this chapter , must be of a type that has been authorized by the Commission under its certification procedure for use under this part. ( b ) Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter . Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter . [ 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 , Apr. 1, 2020] § 24.52 RF exposure. Licensees and manufacturers shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 85 FR 18150 , Apr. 1, 2020] § 24.53 Calculation of height above average terrain (HAAT). ( a ) HAAT is determined by subtracting average terrain elevation from antenna height above mean sea level. ( b ) Average terrain elevation shall be calculated using elevation data from a 30 arc second or better Digital Elevation Models (DEMs). DEM data is available from United States Geological Survey (USGS). The data file shall be identified. If 30 arc second data is used, the elevation data must be processed for intermediate points using interpolation techniques; otherwise, the nearest point may be used. If DEM data is not available, elevation data from the Defense Mapping Agency's Digital Chart of the World (DCW) may be used. ( c ) Radial average terrain elevation is calculated as the average of the elevation along a straight line path from 3 to 16 kilometers extending radially from the antenna site. At least 50 evenly spaced data points for each radial shall be used in the computation. ( d ) Average terrain elevation is the average of the eight radial average terrain elevations (for the eight cardinal radials). ( e ) The position location of the antenna site shall be determined to an accuracy of no less than ±5 meters in both the horizontal (latitude and longitude) and vertical (ground elevation) dimensions with respect to the National Geodetic Reference System. [ 58 FR 59183 , Nov. 8, 1993; 59 FR 15269 , Mar. 31, 1994] § 24.55 Antenna structures; air navigation safety. Licensees that own their antenna structures must not allow these antenna structures to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter , and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, each FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter . See § 17.6 of this chapter . ( a ) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration. ( b ) Maintenance contracts. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) may enter into contracts with other entities to monitor and carry out necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) that make such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety. [ 61 FR 4366 , Feb. 6, 1996] Subpart D—Narrowband PCS § 24.100 Scope. This subpart sets out the regulations governing the licensing and operations of personal communications services authorized in the 901-902, 930-931, and 940-941 MHz bands (900 MHz band). § 24.101 [Reserved] § 24.102 Service areas. Narrowband PCS service areas are nationwide, regional, and Major Trading Areas (MTAs), as defined in this section. MTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39 (MTA Map). Rand McNally organizes the 50 States and the District of Columbia into 47 MTAs. The MTA Map is available on the FCC's website at www.fcc.gov/auctions through the “Maps” submenu. ( a ) The nationwide service area consists of the fifty states, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and United States Virgin Islands. ( b ) The regional service areas are defined as follows: ( 1 ) Region 1 (Northeast): The Northeast Region consists of the following MTAs: Boston-Providence, Buffalo-Rochester, New York, Philadelphia, and Pittsburgh. ( 2 ) Region 2 (South): The South Region consists of the following MTAs: Atlanta, Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, Knoxville, Louisville-Lexington-Evansville, Nashville, Miami-Fort Lauderdale, Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and Washington-Baltimore; and, Puerto Rico and United States Virgin Islands. ( 3 ) Region 3 (Midwest): The Midwest Region consists of the following MTAs: Chicago, Cincinnati-Dayton, Cleveland, Columbus, Des Moines-Quad Cities, Detroit, Indianapolis, Milwaukee, Minneapolis-St. Paul, and Omaha. ( 4 ) Region 4 (Central): The Central Region consists of the following MTAs: Birmingham, Dallas-Fort Worth, Denver, El Paso-Albuquerque, Houston, Kansas City, Little Rock, Memphis-Jackson, New Orleans-Baton Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita. ( 5 ) Region 5 (West): The West Region consists of the following MTAs: Honolulu, Los Angeles-San Diego, Phoenix, Portland, Salt Lake City, San Francisco-Oakland-San Jose, Seattle (including Alaska), and Spokane-Billings; and, American Samoa, Guam, and the Northern Mariana Islands. ( c ) The MTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with the following exceptions and additions: ( 1 ) Alaska is separated from the Seattle MTA and is licensed separately. ( 2 ) Guam and the Northern Mariana Islands are licensed as a single MTA-like area. ( 3 ) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area. ( 4 ) American Samoa is licensed as a single MTA-like area. [ 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] § 24.103 Construction requirements. ( a ) Nationwide narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 750,000 square kilometers or serve 37.5 percent of the U.S. population within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 1,500,000 square kilometers or serve 75 percent of the U.S. population within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section. ( b ) Regional narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 150,000 square kilometers or serve 37.5 percent of the population of the service area within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 300,000 square kilometers or serve 75 percent of the service area population within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section. ( c ) MTA narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 75,000 square kilometers or 25 percent of the geographic area, or serve 37.5 percent of the population of the service area within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 150,000 square kilometers or 50 percent of the geographic area, or serve 75 percent of the population of the service area within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section. ( d ) As an alternative to the requirements of paragraphs (a) , (b) , and (c) of this section, narrowband PCS licensees may demonstrate that, no later than ten years after the initial grant of their license, they provide substantial service to their licensed area. Licensees choosing this option must notify the FCC by filing FCC Form 601, no later than 15 days after the end of the five year period following the initial grant of their license, that they plan to satisfy the alternative requirement to provide substantial service. “Substantial service” is defined as service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal. ( e ) In demonstrating compliance with the construction requirements set forth in this section, licensees must base their calculations on signal field strengths that ensure reliable service for the technology utilized. Licensees may determine the population of geographic areas included within their service contours using either the 1990 census or the 2000 census, but not both. ( 1 ) For the purpose of this section, the service radius of a base station may be calculated using the following formula: d km = 2.53 × h m 0.34 × p 0.17 where d km is the radial distance in kilometers, h m is the antenna HAAT of the base station in meters, and p is the e.r.p. of the base station in watts. ( 2 ) Alternatively, licensees may use any service radius contour formula developed or generally used by industry, provided that such formula is based on the technical characteristics of their system. ( f ) Upon meeting the five and ten year benchmarks in paragraphs (a) , (b) , and (c) of this section, or upon meeting the substantial service alternative in paragraph (d), licensees shall notify the Commission by filing FCC Form 601 and including a map and other supporting documentation that demonstrate the required geographic area coverage, population coverage, or substantial service to the licensed area. The notification must be filed with the Commission within 15 days of the expiration of the relevant period. ( g ) If the sale of a license is approved, the new licensee is held to the original build-out requirement. ( h ) Failure by a licensee to meet the above construction requirements shall result in forfeiture of the license and ineligibility to regain it. [ 59 FR 14118 , Mar. 25, 1994, as amended at 65 FR 35852 , June 6, 2000] § 24.104 Partitioning and disaggregation. Nationwide, regional, and MTA licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time following grant of their geographic area authorizations. ( a ) Application required. Parties seeking approval for partitioning and/or disaggregation shall apply for partial assignment of a license pursuant to § 1.948 of this chapter . ( b ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and describe the partitioned service area on a schedule to the application. The partitioned service area shall be defined by up to 120 sets of geographic coordinates at points at every 3 degrees azimuth from a point within the partitioned service area along the partitioned service area boundary unless either an FCC-recognized service area is used ( e.g. , MEA or EA) or county lines are followed. The geographical coordinates must be specified in degrees, minutes, and seconds to the nearest second latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). In the case where FCC-recognized service areas or county lines are used, applicants need only list the specific area(s) through use of FCC designations or county names that constitute the partitioned area. ( c ) Disaggregation. Spectrum may be disaggregated in any amount. ( d ) Combined partitioning and disaggregation. Licensees may apply for partial assignment of authorizations that propose combinations of partitioning and disaggregation. ( e ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 1.955 of this chapter . [ 65 FR 35853 , June 6, 2000, as amended at 82 FR 41547 , Sept. 1, 2017] Effective Date Note Effective Date Note: At 65 FR 35853 , June 6, 2000, § 24.104 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 24.129 Frequencies. The following frequencies are available for narrowband PCS: ( a ) Eighteen frequencies are available for assignment on a nationwide basis as follows: ( 1 ) Seven 50 kHz channels paired with 50 kHz channels: Channel 1: 940.00-940.05 and 901.00-901.05 MHz; Channel 2: 940.05-940.10 and 901.05-901.10 MHz; Channel 3: 940.10-940.15 and 901.10-901.15 MHz; Channel 4: 940.15-940.20 and 901.15-901.20 MHz; Channel 5: 940.20-940.25 and 901.20-901.25 MHz; Channel 19: 930.50-930.55 and 901.30-901.35 MHz; and Channel 20: 930.75-930.80 and 901.90-901.95 MHz. ( 2 ) Three 50 kHz channels paired with 12.5 kHz channels: Channel 6: 930.40-930.45 and 901.7500-901.7625 MHz; Channel 7: 930.45-930.50 and 901.7625-901.7750 MHz; and Channel 8: 940.75-940.80 and 901.7750-901.7875 MHz; ( 3 ) Two 50 kHz unpaired channels: Channel 9: RESERVED; Channel 10: 940.80-940.85 MHz; and Channel 11: 940.85-940.90 MHz. ( 4 ) One 100 kHz unpaired channel: Channel 18: 940.65-940.75 MHz. ( 5 ) Two 150 kHz channels paired with 50 kHz channels: Channel 21: 930.00-930.15 and 901.50-901.55 MHz; and Channel 22: 930.15-930.30 and 901.60-901.65 MHz. ( 6 ) Three 100 kHz channels paired with 50 kHz channels: Channel 23: 940.55-940.65 and 901.45-901.50 MHz; Channel 24: 940.30-940.40 and 901.55-901.60 MHz; and Channel 25: 940.45-940.55 and 901.85-901.90 MHz. ( b ) Five frequencies are available for assignment on a regional basis as follows: ( 1 ) One 50 kHz channel paired with 50 kHz channel: Channel 12: 940.25-940.30 and 901.25-901.30 MHz. Channel 13: RESERVED. ( 2 ) Four 50 kHz channels paired with 12.5 kHz channels: Channel 14: 930.55-930.60 and 901.7875-901.8000 MHz; Channel 15: 930.60-930.65 and 901.8000-901.8125 MHz; Channel 16: 930.65-930.70 and 901.8125-901.8250 MHz; and Channel 17: 930.70-930.75 and 901.8250-901.8375 MHz. ( c ) Seven frequencies are available for assignment on an MTA basis as follows: ( 1 ) Three 50 kHz unpaired channels: Channel 26: 901.35-901.40 MHz; Channel 27: 901.40-901.45 MHz; and Channel 28: 940.40-940.45 MHz. ( 2 ) One 50 kHz channel paired with 50 kHz channel: Channel 29: 930.80-930.85 and 901.95-902.00 MHz. ( 3 ) One 100 kHz channel paired with 50 kHz channel: Channel 30: 930.30-930.40 and 901.65-901.70 MHz. ( 4 ) One 150 kHz channel paired with 50 kHz channel: Channel 31: 930.85-931.00 and 901.7-901.75 MHz. ( 5 ) One 100 kHz channel paired with 12.5 kHz channel: Channel 32: 940.90-941 and 901.8375-901.85 MHz. Note to § 24.129 : Operations in markets or portions of markets which border other countries, such as Canada and Mexico, will be subject to on-going coordination arrangements with neighboring countries. [ 66 FR 29920 , June 4, 2001] § 24.130 [Reserved] § 24.131 Authorized bandwidth. The authorized bandwidth of narrowband PCS channels will be 10 kHz for 12.5 kHz channels and 45 kHz for 50 kHz channels. For aggregated adjacent channels, a maximum authorized bandwidth of 5 kHz less than the total aggregated channel width is permitted. § 24.132 Power and antenna height limits. ( a ) Stations transmitting in the 901-902 MHz band are limited to 7 watts e.r.p. ( b ) Mobile stations transmitting in the 930-931 MHz and 940-941 MHz bands are limited to 7 watts e.r.p. ( c ) Base stations transmitting in the 930-931 MHz and 940-941 MHz bands are limited to 3500 watts e.r.p. per authorized channel and are unlimited in antenna height except as provided in paragraph (d) of this section. ( d ) ( 1 ) MTA and regional base stations located between 200 kilometers (124 miles) and 80 kilometers (50 miles) from their licensed service area border are limited to the power levels in the following table: Antenna HAAT in meters (feet) (see § 24.53 for HAAT HAAT calculation method) Effective radiated power (e.r.p.) (watts) 183 (600) and below 3500 183 (600) to 208 (682) 3500 to 2584 208 (682) to 236 (775) 2584 to 1883 236 (775) to 268 (880) 1883 to 1372 268 (880) to 305 (1000) 1372 to 1000 305 (1000) to 346 (1137) 1000 to 729 346 (1137) to 394 (1292) 729 to 531 394 (1292) to 447 (1468) 531 to 387 447 (1468) to 508 (1668) 387 to 282 508 (1668) to 578 (1895) 282 to 206 578 (1895) to 656 (2154) 206 to 150 656 (2154) to 746 (2447) 150 to 109 746 (2447) to 848 (2781) 109 to 80 848 (2781) to 963 (3160) 80 to 58 963 (3160) to 1094 (3590) 58 to 42 1094 (3590) to 1244 (4080) 42 to 31 1244 (4080) to 1413 (4636) 31 to 22 Above 1413 (4636) 16 ( 2 ) For heights between the values listed in the table, linear interpolation shall be used to determine maximum e.r.p. ( e ) MTA and regional base stations located less than 80 kilometers (50 miles) from the licensed service area border must limit their effective radiated power in accordance with the following formula: PW = 0.0175 × dkm* * 6.6666 × x hm* * − 3.1997 PW is effective radiated power in watts dkm is distance in kilometers hm is antenna HAAT in meters; see § 24.53 for HAAT calculation method ( f ) All power levels specified in this section are expressed in terms of the maximum power, averaged over a 100 millisecond interval, when measured with instrumentation calibrated in terms of an rms-equivalent voltage with a resolution bandwidth equal to or greater than the authorized bandwidth. ( g ) Additionally, PCS stations will be subject to any power limits imposed by international agreements. [ 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] § 24.133 Emission limits. ( a ) The power of any emission shall be attenuated below the transmitter power (P), as measured in accordance with § 24.132(f) , in accordance with the following schedule: ( 1 ) For transmitters authorized a bandwidth greater than 10 kHz: ( i ) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d in kHz) of up to and including 40 kHz: at least 116 Log 10 ((f d + 10)/6.1) decibels or 50 plus 10 Log 10 (P) decibels or 70 decibels, whichever is the lesser attenuation; ( ii ) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 40 kHz: at least 43 + 10 Log 10 (P) decibels or 80 decibels, whichever is the lesser attenuation. ( 2 ) For transmitters authorized a bandwidth of 10 kHz: ( i ) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d in kHz) of up to and including 20 kHz: at least 116 × Log 10 ((f d + 5)/3.05) decibels or 50 + 10 × Log 10 (P) decibels or 70 decibels, whichever is the lesser attenuation; ( ii ) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 20 kHz: at least 43 + 10 Log 10 (P) decibels or 80 decibels, whichever is the lesser attenuation. ( b ) The measurements of emission power can be expressed in peak or average values provided they are expressed in the same parameters as the transmitter power. ( c ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. ( d ) The following minimum spectrum analyzer resolution bandwidth settings will be used: 300 Hz when showing compliance with paragraphs (a)(1)(i) and (a)(2)(i) of this section; and 30 kHz when showing compliance with paragraphs (a)(1)(ii) and (a)(2)(ii) of this section. [ 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 , Feb. 21, 2001] § 24.134 Co-channel separation criteria. The minimum co-channel separation distance between base stations in different service areas is 113 kilometers (70 miles). A co-channel separation distance is not required for the base stations of the same licensee or when the affected parties have agreed to other co-channel separation distances. § 24.135 Frequency stability. ( a ) The frequency stability of the transmitter shall be maintained within ±0.0001 percent (±1 ppm) of the center frequency over a temperature variation of −30 °Celsius to + 50 °Celsius at normal supply voltage, and over a variation in the primary supply voltage of 85 percent to 115 percent of the rated supply voltage at a temperature of 20 °Celsius. ( b ) For battery operated equipment, the equipment tests shall be performed using a new battery without any further requirement to vary supply voltage. ( c ) It is acceptable for a transmitter to meet this frequency stability requirement over a narrower temperature range provided the transmitter ceases to function before it exceeds these frequency stability limits. Subpart E—Broadband PCS Source: 59 FR 32854 , June 24, 1994, unless otherwise noted. § 24.200 Scope. This subpart sets out the regulations governing the licensing and operations of personal communications services authorized in the 1850-1910 and 1930-1990 MHz bands. § 24.202 Service areas. Broadband PCS service areas are Major Trading Areas (MTAs) and Basic Trading Areas (BTAs) as defined in this section. MTAs and BTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39 (“BTA/MTA Map”). Rand McNally organizes the 50 states and the District of Columbia into 47 MTAs and 487 BTAs. The BTA/MTA Map is available is available on the FCC's website at www.fcc.gov/auctions through the “Maps” submenu. ( a ) The MTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide , 123rd Edition, at pages 38-39, with the following exceptions and additions: ( 1 ) Alaska is separated from the Seattle MTA and is licensed separately. ( 2 ) Guam and the Northern Mariana Islands are licensed as a single MTA-like area. ( 3 ) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area. ( 4 ) American Samoa is licensed as a single MTA-like area. ( b ) The BTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide , 123rd Edition, at pages 38-39, with the following additions licensed separately as BTA-like areas: American Samoa; Guam; Northern Mariana Islands; Mayagüez/Aguadilla-Ponce, Puerto Rico; San Juan, Puerto Rico; and the United States Virgin Islands. The Mayagüez/Aguadilla-Ponce BTA-like service area consists of the following municipios: Adjuntas, Aguada, Aguadilla, Añasco, Arroyo, Cabo Rojo, Coamo, Guánica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Díaz, Lajas, Las Marías, Mayagüez, Maricao, Maunabo, Moca, Patillas, Peñuelas, Ponce, Quebradillas, Rincón, Sabana Grande, Salinas, San Germán, Santa Isabel, Villalba, and Yauco. The San Juan BTA-like service area consists of all other municipios in Puerto Rico. [ 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 , Oct. 13, 2020] § 24.203 Construction requirements. ( a ) Licensees of 30 MHz blocks must serve with a signal level sufficient to provide adequate service to at least one-third of the population in their licensed area within five years of being licensed and two-thirds of the population in their licensed area within ten years of being licensed. Licensees may, in the alternative, provide substantial service to their licensed area within the appropriate five- and ten-year benchmarks. Licensees may choose to define population using the 1990 census or the 2000 census. Failure by any licensee to meet these requirements will result in forfeiture or non-renewal of the license and the licensee will be ineligible to regain it. ( b ) Licensees of 10 MHz blocks except for the 1910-1915 MHz and 1990-1995 MHz, including 10 MHz C block licenses reconfigured pursuant to Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order, FCC 00-313, and 15 MHz blocks resulting from the disaggregation option as provided in the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket 97-82, 12 FCC Rcd 16436 (1997), as modified by Order on Reconsideration of the Second Report and Order, WT Docket 97-82, 13 FCC Rcd 8345 (1998), must serve with a signal level sufficient to provide adequate service to at least one-quarter of the population in their licensed area within five years of being licensed, or make a showing of substantial service in their licensed area within five years of being licensed. Population is defined as the 1990 population census. Licensees may elect to use the 2000 population census to determine the five-year construction requirement. Failure by any licensee to meet these requirements will result in forfeiture of the license and the licensee will be ineligible to regain it. ( c ) Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses. ( d ) Licensees in the paired 1910-1915 MHz and 1990-1995 MHz bands must make a showing of “substantial service” in their license area within ten years of the date of initial license issuance or renewal. “Substantial service” is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. [ 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; 69 FR 75171 , Dec. 15, 2004] § 24.229 Frequencies. The frequencies available in the Broadband PCS service are listed in this section in accordance with the frequency allocations table of § 2.106 of this chapter . ( a ) The following frequency blocks are available for assignment on an MTA basis: Block A: 1850-1865 MHz paired with 1930-1945 MHz; and Block B: 1870-1885 MHz paired with 1950-1965 MHz. ( b ) The following frequency blocks are available for assignment on a BTA basis: Block C: 1895-1910 MHz paired with 1975-1990 MHz; Pursuant to Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order , FCC 00-313, all 30 MHz Block C licenses available for auction in Auction No. 35 or any subsequent auction will be reconfigured into three 10 MHz C block licenses as follows: 1895-1900 MHz paired with 1975-1980 MHz, 1900-1905 MHz paired with 1980-1985 MHz, 1905-1910 MHz paired with 1985-1990 MHz; Block D: 1865-1870 MHz paired with 1945-1950 MHz; Block E: 1885-1890 MHz paired with 1965-1970 MHz; Block F: 1890-1895 MHz paired with 1970-1975 MHz; ( c ) The paired frequency blocks 1910-1915 MHz and 1990-1995 MHz are available for assignment in the 175 Economic Areas defined in § 90.7 of this chapter . The 1910-1915 MHz block shall be used for mobile/portable station transmissions while the 1990-1995 MHz block shall be used for base station transmissions. [ 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; 62 FR 660 , Jan. 6, 1997; 65 FR 53637 , Sept. 5, 2000; 69 FR 67836 , Nov. 22, 2004] § 24.232 Power and antenna height limits. ( a ) ( 1 ) Base stations with an emission bandwidth of 1 MHz or less are limited to 1640 watts equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT, except as described in paragraph (b) below. ( 2 ) Base stations with an emission bandwidth greater than 1 MHz are limited to 1640 watts/MHz equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT, except as described in paragraph (b) below. ( 3 ) Base station antenna heights may exceed 300 meters HAAT with a corresponding reduction in power; see Tables 1 and 2 of this section. ( 4 ) The service area boundary limit and microwave protection criteria specified in §§ 24.236 and 24.237 apply. Table 1—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth of 1 MHz or Less HAAT in meters Maximum EIRP watts ≤300 1640 ≤500 1070 ≤1000 490 ≤1500 270 ≤2000 160 Table 2—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth Greater Than 1 MHz HAAT in meters Maximum EIRP watts/MHz ≤300 1640 ≤500 1070 ≤1000 490 ≤1500 270 ≤2000 160 ( b ) ( 1 ) Base stations that are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census, with an emission bandwidth of 1 MHz or less are limited to 3280 watts equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT. ( 2 ) Base stations that are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census, with an emission bandwidth greater than 1 MHz are limited to 3280 watts/MHz equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT. ( 3 ) Base station antenna heights may exceed 300 meters HAAT with a corresponding reduction in power; see Tables 3 and 4 of this section. ( 4 ) The service area boundary limit and microwave protection criteria specified in §§ 24.236 and 24.237 apply. ( 5 ) Operation under this paragraph (b) at power limits greater than permitted under paragraph (a) of this section must be coordinated in advance with all broadband PCS licensees authorized to operate on adjacent frequency blocks within 120 kilometers (75 miles) of the base station and is limited to base stations located more than 120 kilometers (75 miles) from the Canadian border and more than 75 kilometers (45 miles) from the Mexican border. Table 3—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth of 1 MHz or Less HAAT in meters Maximum EIRP watts ≤300 3280 ≤500 2140 ≤1000 980 ≤1500 540 ≤2000 320 Table 4—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth Greater Than 1 MHz HAAT in meters Maximum EIRP watts/MHz ≤300 3280 ≤500 2140 ≤1000 980 ≤1500 540 ≤2000 320 ( c ) Mobile and portable stations are limited to 2 watts EIRP and the equipment must employ a means for limiting power to the minimum necessary for successful communications. ( d ) Power measurements for transmissions by stations authorized under this section may be made either in accordance with a Commission-approved average power technique or in compliance with paragraph (e) of this section. In both instances, equipment employed must be authorized in accordance with the provisions of § 24.51 . In measuring transmissions in this band using an average power technique, the peak-to-average ratio (PAR) of the transmission may not exceed 13 dB. ( e ) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc. , so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. Note to § 24.232 : Height above average terrain (HAAT) is to be calculated using the method set forth in § 24.53 of this part . [ 73 FR 24183 , May 2, 2008] § 24.235 Frequency stability. The frequency stability shall be sufficient to ensure that the fundamental emission stays within the authorized frequency block. § 24.236 Field strength limits. The predicted or measured median field strength at any location on the border of the PCS service area shall not exceed 47 dBuV/m unless the parties agree to a higher field strength. § 24.237 Interference protection. ( a ) All licensees are required to coordinate their frequency usage with the co-channel or adjacent channel incumbent fixed microwave licensees in the 1850-1990 MHz band. Coordination must occur before initiating operations from any base station. Problems that arise during the coordination process are to be resolved by the parties to the coordination. Licensees are required to coordinate with all users possibly affected, as determined by appendix I to this subpart E (Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90-314, FCC 94-144; TIA Telecommunications Systems Bulletin 10-F, “Interference Criteria for Microwave Systems,” May 1994, (TSB10-F)); or an alternative method agreed to by the parties. ( b ) The results of the coordination process need to be reported to the Commission only if the parties fail to agree. Because broadband PCS licensees are required to protect fixed microwave licensees in the 1850-1990 MHz band, the Commission will be involved in the coordination process only upon complaint of interference from a fixed microwave licensee. In such a case, the Commission will resolve the issues. ( c ) In all other respects, coordination procedures are to follow the requirements of § 101.103(d) of this chapter to the extent that these requirements are not inconsistent with those specified in this part. ( d ) The licensee must perform an engineering analysis to assure that the proposed facilities will not cause interference to existing OFS stations within the coordination distance specified in Table 3 of a magnitude greater than that specified in the criteria set forth in paragraphs (e) and (f) of this section, unless there is prior agreement with the affected OFS licensee. Interference calculations shall be based on the sum of the power received at the terminals of each microwave receiver from all of the applicant's current and proposed PCS operations. Table 3—Coordination Distances in Kilometers PCS Base Station Antenna HAAT in Meters EIRP(W) 5 10 20 50 100 150 200 250 300 500 1000 1500 2000 0.1 90 93 99 110 122 131 139 146 152 173 210 239 263 0.5 96 100 105 116 128 137 145 152 158 179 216 245 269 1 99 103 108 119 131 140 148 155 161 182 219 248 272 2 120 122 126 133 142 148 154 159 164 184 222 250 274 5 154 157 161 168 177 183 189 194 198 213 241 263 282 10 180 183 187 194 203 210 215 220 225 240 268 291 310 20 206 209 213 221 229 236 242 247 251 267 296 318 337 50 241 244 248 255 264 271 277 282 287 302 331 354 374 100 267 270 274 282 291 297 303 308 313 329 358 382 401 200 293 296 300 308 317 324 330 335 340 356 386 409 436 500 328 331 335 343 352 359 365 370 375 391 421 440 1000 354 357 361 369 378 385 391 397 402 418 1200 361 364 368 376 385 392 398 404 409 425 1640 372 375 379 388 397 404 410 416 421 437 2400 384 387 391 399 408 415 423 427 431 3280 396 399 403 412 419 427 435 439 446 ( e ) For microwave paths of 25 kilometers or less, interference determinations shall be based on the C/I criteria set forth in TIA Telecommunications Systems Bulletin 10-F, “Interference Criteria for Microwave Systems,” May 1994 (TSB10-F). ( f ) For microwave paths longer than 25 kilometers, the interference protection criterion shall be such that the interfering signal will not produce more than 1.0 dB degradation of the practical threshold of the microwave receiver for analog system, or such that the interfering signal will not cause an increase in the bit error rate (BER) from 10E-6 to 10E-5 for digital systems. ( g ) The development of the C/I ratios and interference criteria specified in paragraphs (e) and (f) of this section and the methods employed to compute the interfering power at the microwave receivers shall follow generally acceptable good engineering practices. The procedures described for computing interfering signal levels in (appendix I to this subpart E Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90-314, FCC 94-144) shall be applied. Alternatively, procedures for determining interfering signal levels and other criteria as may be developed by the Electronics Industries Association (EIA), the Institute of Electrical and Electronics Engineers, Inc. (IEEE), the American National Standards Institute (ANSI) or any other recognized authority will be acceptable to the Commission. [ 59 FR 32854 , June 24, 1994, as amended at 61 FR 29691 , June 21, 1996; 69 FR 75171 , Dec. 15, 2004] § 24.238 Emission limitations for Broadband PCS equipment. The rules in this section govern the spectral characteristics of emissions in the Broadband Personal Communications Service. ( a ) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log(P) dB. ( b ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands immediately outside and adjacent to the frequency block a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth ( i.e. 1 MHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( c ) Alternative out of band emission limit. Licensees in this service may establish an alternative out of band emission limit to be used at specified band edge(s) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC. ( d ) Interference caused by out of band emissions. If any emission from a transmitter operating in this service results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section. [ 67 FR 77192 , Dec. 17, 2002] Policies Governing Microwave Relocation From the 1850-1990 MHz Band § 24.239 Cost-sharing requirements for broadband PCS. Frequencies in the 1850-1990 MHz band listed in § 101.147(c) of this chapter have been allocated for use by PCS. In accordance with procedures specified in §§ 101.69 through 101.81 of this chapter , PCS entities (both licensed and unlicensed) are required to relocate the existing Fixed Microwave Services (FMS) licensees in these bands if interference to the existing FMS operations would occur. All PCS entities who benefit from spectrum clearance by other PCS entities or a voluntarily relocating microwave incumbent, must contribute to such relocation costs. PCS entities may satisfy this requirement by entering into private cost-sharing agreements or agreeing to terms other than those specified in § 24.243 . However, PCS entities are required to reimburse other PCS entities or voluntarily relocating microwave incumbents that incur relocation costs and are not parties to the alternative agreement. In addition, parties to a private cost-sharing agreement may seek reimbursement through the clearinghouse (as discussed in § 24.241 ) from PCS entities that are not parties to the agreement. The cost-sharing plan is in effect during all phases of microwave relocation specified in § 101.69 of this chapter . If a licensee in the Broadband PCS Service enters into a spectrum leasing arrangement (as set forth in part 1, subpart X of this chapter ) and the spectrum lessee triggers a cost-sharing obligation, the licensee is the PCS entity responsible for satisfying the cost-sharing obligations under §§ 24.239 through 24.253 . [ 62 FR 12757 , Mar. 18, 1997, as amended at 69 FR 77559 , Dec. 27, 2004] § 24.241 Administration of the Cost-Sharing Plan. The Wireless Telecommunications Bureau, under delegated authority, will select an entity to operate as a neutral, not-for-profit clearinghouse. This clearinghouse will administer the cost-sharing plan by, inter alia , maintaining all of the cost and payment records related to the relocation of each link and determining the cost-sharing obligation of subsequent PCS entities. The cost-sharing rules will not take effect until an administrator is selected. [ 61 FR 29691 , June 12, 1996] § 24.243 The cost-sharing formula. A PCS relocator who relocates an interfering microwave link, i.e. one that is in all or part of its market area and in all or part of its frequency band or a voluntarily relocating microwave incumbent, is entitled to pro rata reimbursement based on the following formula: ( a ) RN equals the amount of reimbursement. ( b ) C equals the actual cost of relocating the link. Actual relocation costs include, but are not limited to, such items as: Radio terminal equipment (TX and/or RX—antenna, necessary feed lines, MUX/Modems); towers and/or modifications; back-up power equipment; monitoring or control equipment; engineering costs (design/path survey); installation; systems testing; FCC filing costs; site acquisition and civil works; zoning costs; training; disposal of old equipment; test equipment (vendor required); spare equipment; project management; prior coordination notification under § 101.103(d) of this chapter ; site lease renegotiation; required antenna upgrades for interference control; power plant upgrade (if required); electrical grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if required); alternate transport equipment; and leased facilities. C also includes voluntarily relocating microwave incumbent's independent third party appraisal of its compensable relocation costs and incumbent transaction expenses that are directly attributable to the relocation, subject to a cap of two percent of the “hard” costs involved. C may not exceed $250,000 per link, with an additional $150,000 permitted if a new or modified tower is required. ( c ) N equals the number of PCS entities that would have interfered with the link. For the PCS relocator, N = 1. For the next PCS entity that would have interfered with the link, N = 2, and so on. In the case of a voluntarily relocating microwave incumbent, N = 1 for the first PCS entity that would have interfered with the link. For the next PCS entity that would have interfered with the link, N = 2, and so on. ( d ) Tm equals the number of months that have elapsed between the month the PCS relocator or voluntarily relocating microwave incumbent obtains reimbursement rights for the link and the month that the clearinghouse notifies a later-entrant of its reimbursement obligation for the link. A PCS relocator obtains reimbursement rights for the link on the date that it signs a relocation agreement with a microwave incumbent. A voluntarily relocating microwave incumbent obtains reimbursement rights for the link on the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission's rules. [ 62 FR 12757 , Mar. 18, 1997, as amended at 65 FR 46113 , July 27, 2000] § 24.245 Reimbursement under the Cost-Sharing Plan. ( a ) Registration of reimbursement rights. ( 1 ) To obtain reimbursement, a PCS relocator must submit documentation of the relocation agreement to the clearinghouse within ten business days of the date a relocation agreement is signed with an incumbent. ( 2 ) To obtain reimbursement, a voluntarily relocating microwave incumbent must submit documentation of the relocation of the link to the clearinghouse within ten business days of the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission's rules. ( b ) Documentation of expenses. Once relocation occurs, the PCS relocator or the voluntarily relocating microwave incumbent, must submit documentation itemizing the amount spent for items listed in § 24.243(b) . The voluntarily relocating microwave incumbent, must also submit an independent third party appraisal of its compensable relocation costs. The appraisal should be based on the actual cost of replacing the incumbent's system with comparable facilities and should exclude the cost of any equipment upgrades or items outside the scope of § 24.243(b) . The PCS relocator or the voluntarily relocating microwave incumbent, must identify the particular link associated with appropriate expenses ( i.e. , costs may not be averaged over numerous links). If a PCS relocator pays a microwave incumbent a monetary sum to relocate its own facilities, the PCS relocator must estimate the costs associated with relocating the incumbent by itemizing the anticipated cost for items listed in § 24.243(b) . If the sum paid to the incumbent cannot be accounted for, the remaining amount is not eligible for reimbursement. A PCS relocator may submit receipts or other documentation to the clearinghouse for all relocation expenses incurred since April 5, 1995. ( c ) Full reimbursement. A PCS relocator who relocates a microwave link that is either fully outside its market area or its licensed frequency band may seek full reimbursement through the clearinghouse of compensable costs, up to the reimbursement cap as defined in § 24.243(b) . Such reimbursement will not be subject to depreciation under the cost-sharing formula. [ 61 FR 29692 , June 12, 1996, as amended at 62 FR 12757 , Mar. 18, 1997; 65 FR 46113 , July 27, 2000] § 24.247 Triggering a reimbursement obligation. ( a ) Licensed PCS. The clearinghouse will apply the following test to determine if a PCS entity preparing to initiate operations must pay a PCS relocator or a voluntarily relocating microwave incumbent in accordance with the formula detailed in § 24.243 : ( 1 ) All or part of the relocated microwave link was initially co-channel with the licensed PCS band(s) of the subsequent PCS entity; ( 2 ) A PCS relocator has paid the relocation costs of the microwave incumbent; and ( 3 ) The subsequent PCS entity is preparing to turn on a fixed base station at commercial power and the fixed base station is located within a rectangle (Proximity Threshold) described as follows: ( i ) The length of the rectangle shall be x where x is a line extending through both nodes of the microwave link to a distance of 48 kilometers (30 miles) beyond each node. The width of the rectangle shall be y where y is a line perpendicular to x and extending for a distance of 24 kilometers (15 miles) on both sides of x. Thus, the rectangle is represented as follows: ( ii ) If the application of the Proximity Threshold test indicates that a reimbursement obligation exists, the clearinghouse will calculate the reimbursement amount in accordance with the cost-sharing formula and notify the subsequent PCS entity of the total amount of its reimbursement obligation. ( b ) Unlicensed PCS. UTAM's reimbursement obligation is triggered either: ( 1 ) When a county is cleared of microwave links in the unlicensed allocation, and UTAM invokes a Zone 1 power cap as a result of third party relocation activities; or ( 2 ) A county is cleared of microwave links in the unlicensed allocation and UTAM reclassifies a Zone 2 county to Zone 1 status. ( c ) Any new entrants granted licenses for the 1910-1915 MHz band must reimburse UTAM a pro rata share of its total expenses incurred by UTAM as of the date that the new entrants gain access to the band. The percent required by new entrants to pay shall be calculated based upon the amount of spectrum granted to the new entrant as compared to the total amount of spectrum UTAM is responsible for clearing of incumbents (20 megahertz), and must be paid before a new entrant begins operations in the band. For example, if a new entrant obtains a license for 5 megahertz of spectrum in this band, it is required to reimburse UTAM one-quarter of UTAM's total costs to date on a pro rata shared basis. New entrants will be responsible for the actual costs associated with future relocation activities in their licensed spectrum, but will be entitled to seek reimbursement from UTAM for the proportion of those band clearing costs that benefit users of the 1915-1930 MHz band. [ 61 FR 29692 , June 12, 1996, as amended at 62 FR 12757 , Mar. 18, 1997; 69 FR 67836 , Nov. 22, 2004] § 24.249 Payment issues. ( a ) Timing. On the day that a PCS entity files its prior coordination notice (PCN) in accordance with § 101.103(d) of this chapter , it must file a copy of the PCN with the clearinghouse. The clearinghouse will determine if any reimbursement obligation exists and notify the PCS entity in writing of its repayment obligation, if any. When the PCS entity receives a written copy of such obligation, it must pay directly to the PCS relocator or the voluntarily relocating microwave incumbent the amount owed within thirty days, with the exception of those businesses that qualify for installment payments. A business that qualifies for an installment payment plan must make its first installment payment within thirty days of notice from the clearinghouse. UTAM's first payment will be due thirty days after its reimbursement obligation is triggered, as described in § 24.247(b) . ( b ) Eligibility for Installment Payments. PCS licensees that are allowed to pay for their licenses in installments under our designated entity rules will have identical payment options available to them with respect to payments under the cost-sharing plan. The specific terms of the installment payment mechanism, including the treatment of principal and interest, are the same as those applicable to the licensee's installment auction payments. If, for any reason, the entity eligible for installment payments is no longer eligible for such installment payments on its license, that entity is no longer eligible for installment payments under the cost-sharing plan. UTAM may make quarterly payments over a five-year period with an interest rate of prime plus 2.5 percent. UTAM may also negotiate separate repayment arrangements with other parties. [ 61 FR 29693 , June 12, 1996, as amended at 62 FR 12757 , Mar. 18, 1997] § 24.251 Dispute resolution under the Cost-Sharing Plan. Disputes arising out of the cost-sharing plan, such as disputes over the amount of reimbursement required, must be brought, in the first instance, to the clearinghouse for resolution. To the extent that disputes cannot be resolved by the clearinghouse, parties are encouraged to use expedited ADR procedures, such as binding arbitration, mediation, or other ADR techniques. [ 61 FR 29693 , June 12, 1996] § 24.253 Termination of cost-sharing obligations. The cost-sharing plan will sunset for all PCS entities on April 4, 2005, which is ten years after the date that voluntary negotiations commenced for A and B block PCS entities. Those PCS entities that are paying their portion of relocation costs on an installment basis must continue the payments until the obligation is satisfied. [ 61 FR 29693 , June 12, 1996] Appendix I to Subpart E of Part 24—A Procedure for Calculating PCS Signal Levels at Microwave Receivers (Appendix E of the Memorandum Opinion and Order) The new Rules adopted in Part 24 stipulate that estimates of interference to fixed microwave operations from a PCS operation will be based on the sum of signals received at a microwave receiver from the PCS operation. This appendix describes a procedure for computing this PCS level. In general, the procedure involves four steps: 1 . Determine the geographical coordinates of all microwave receivers operating on co-channel and adjacent frequencies within the coordination distance of each base station and the characteristics of each receiver, i.e., adjacent channel susceptibility, antenna gain, pattern and height, and line and other losses. 2 . Determine an equivalent isotropically radiated power (e.i.r.p.) for each base station and equivalent e.i.r.p. values for the mobiles and portables associated with each base station. Determine the values of pertinent correction and weighting factors based on building heights and density and distribution of portables. Close-in situations, prominent hills, and extra tall buildings require special treatment. 3 . Based on PCS e.i.r.p. values, correction and weighting factors, and microwave receiving system characteristics determined above, calculate the total interference power at the input of each microwave receiver, using the Longley-Rice propagation model. 4 . Based on the interference power level computed in step 3, determine interference to each microwave receiver using criteria described in Part 24 and EIA/TIA Bulletin 10-F. The interference from each base station and the mobiles and portables associated with it is calculated as follows: P rbi = 10Log (p tbi )−L bi −UC i + G mwi −C i −BP i P rmi = 10Log (n mi × p tmi )−L mi −UC i + G mwi −C i P rpsi = 10Log (n psi × p tpsi )−L psi −UC i + G mwi −C i P rpbi = 10Log (n pbi × p tpbi )−L pbi −UC i −(BP i −BH i ) + G mwi −C i P rpri = 10Log (n pri × p tpri )−L pri −(UC i −BH i ) + G mwi −C i where: P refers to Power in dBm p refers to power in milliwatts P rbi = Power at MW receiver from ith base station in dBm p tbi = e.i.r.p. transmitted from ith base station in milliwatts, which equals average power per channel × number of channels × antenna gain with respect to an isotropic antenna − line loss L bi = Path loss between MW and base station site in dB UC i = Urban correction factor in dB G mwi = Gain of MW antenna in pertinent direction (dBi) C i = Channel discrimination of MW system in dB P rmi = Power at MW receiver from mobiles associated with ith base station p tmi = e.i.r.p. transmitted from mobiles associated with ith base station n mi = Number of mobiles associated with ith base station L mi = Path loss between MW and mobile transmitters in dB P rpsi = Power at MW receiver from outdoor portables (s for sidewalk) p tpsi = e.i.r.p. transmitted from outdoor portables associated with ith base station n psi = Number of outdoor portables associated with ith base station L psi = Path loss between MW and outdoor portables in dB P rpbi = Power at MW receiver from indoor portables (b for building) p tpbi = e.i.r.p. transmitted from indoor portables associated with ith base station n pbi = number of indoor portables associated with ith base station L pbi = Path loss in dB between MW and base station site (using average building height divided by 2 as effective antenna height) P rpri = Power at MW receiver from rooftop portables (r for rooftop) p tpri = e.i.r.p. transmitted from rooftop portables associated with ith base station n pri = Number of rooftop portables associated with ith base station L pri = Path loss in dB between MW and base station site (using average building height as effective antenna height) BP i = Building penetration loss at street level in dB BH i = Height gain for portables in buildings dB = 2.5 × (nf-1), where nf is number of floors Note: Where C i varies from channel-to-channel, which often is the case, the summation process is more complex, requiring summation at a channel level first. Finally, the total PCS interference power at a given microwave receiver from all the base stations in a given frequency band is found by summing the contributions from the individual stations. Likewise, the total interference power at a given microwave receiver from all mobiles and portables operating in a given frequency band is found by summing the contributions from the mobiles and portables associated with each cell. Base Stations. Interference from each base station to each microwave should normally be considered independently. A group of base stations having more or less (within ±50 percent) the same height above average terrain, the same e.i.r.p., basically the same path to a microwave receiving site, and subtending an angle to that receiving site of less than 5 degrees, may be treated as a group, using the total power of the group and the average antenna height of the group to calculate path loss, L. Mobile Stations. The e.i.r.p. from mobile transmitters is weighted according to the number of base station channels expected to be devoted to mobile operation at any given time. The antenna height of mobiles used in calculating path loss, L, is assumed to be 2 meters. Portable Stations. The e.i.r.p. from the portable units associated with each base station is weighted according to the estimated portion of portables associated with that cell expected to be operated inside buildings at any given time and the portion which could be expected to be operating from elevated locations, such as balconies or building rooftops. For example, in the case of service intended for business use in an urban area, one might expect that perhaps 85 percent of the portables in use at any given time would be operating from within buildings and perhaps 5 percent might be operating from rooftops or balconies. The remaining 10 percent would be outside at street level. Calculation of an equivalent e.i.r.p. for cells in suburban areas will involve different weighting criteria. Urban Correction Factor. The urban correction factor (UC) depends on the height and density of buildings surrounding a base station. For the core area of large cities, it is assumed to be 35 dB. For medium size cities and fringe areas of large cities (4- to 6-story buildings with scattered taller buildings and lower buildings and open spaces) it is assumed to be 25 dB; for small cities and towns, 15 dB, and for suburban residential areas (one- and two-story, single family houses with scattered multiple-story apartment buildings, shopping centers and open areas), 10 dB. The unadjusted urban correction factor, UC, should not be applied to base station antenna heights that are greater than 50 percent of the average building height for a cell. Building Height and Building Penetration Factors. The building height correction, BH, is a function of the average building height within the nominal coverage area of the base station. It is used in conjunction with the building penetration loss, BP, to adjust the expected interference contribution from that portion of the portables transmitting from within buildings. The adjustment is given by: BP = 20 dB in urban areas BP = 10 dB in suburban areas BH = 2.5 × (nf-1) dB where nf is the average height (number of floors) of the buildings in the area. (Note that this formula implies a net gain when the average building height is greater than 8 floors). All buildings more than twice the average height should be considered individually. The contribution to BH from that portion of portables in the building above the average building height should be increased by a factor of 20Log(h) dB, where h is the height of the portables above the average building height in meters. Channel Discrimination Factor. A factor based on the interference selectivity of the microwave receiver. Propagation Model. The PCS to microwave path loss, L, is calculated using the Longley-Rice propagation model, Version 1.2.2., in the point-to-point mode. The Longley-Rice [1] model was derived from NBS Technical Note 101 [2], and updated in 1982 by Hufford [3]. Version 1.2.2 incorporated modifications described in a letter by Hufford [4] in 1985. Terrain elevations used as input to the model should be from the U.S. Geological Survey 3-second digitized terrain database. Special Situations. If a cell size is large compared to the distance between the cell and a microwave receiving site so that it subtends an angle greater than 5 degrees, the cell should be subdivided and calculations should be based on the expected distribution of mobiles and portables within each subdivision. If terrain elevations within a cell differ by more than a factor of two-to-one, the cell should be subdivided and microwave interference calculations should be based on the average terrain elevation for each subdivision. If a co-channel PCS base station lies within the main beam of a microwave antenna (±5 degrees), there is no intervening terrain obstructions, and the power at the microwave receiver from that base station, assuming free space propagation, would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses. If any part of a cell or cell subdivision lies within the main beam of a co-channel microwave antenna, there is no intervening terrain obstructions, and the accumulative power of 5 percent or less of the mobiles, assuming free space propagation would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses. If a building within a cell or cell subdivision lies within the main beam of a co-channel microwave antenna, there is no intervening terrain obstructions, and the cumulative power of 5 percent or fewer of the portables, assuming free space propagation, would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses. References: 1 . Longley, A.G. and Rice, P.L., “Prediction of Tropospheric Radio Transmission Loss Over Irregular Terrain, A Computer Method-1968”, ESSA Technical Report ERL 79-ITS 67, Institute for Telecommunications Sciences, July 1968. 2 . Rice, P.L. Longley, A.G., Norton, K.A., Barsis, A.P., “Transmission Loss Predictions for Tropospheric Communications Circuits,” NBS Technical Note 101 (Revised), Volumes I and II, U.S. Department of Commerce, 1967. 3 . Hufford, G.A., Longley, A.G. and Kissick, W.A., “A Guide to the use of the ITS Irregular Terrain Model in the Area Prediction Mode”, NTIA Report 82-100, U.S. Department of Commerce, April 1982. Also, Circular letter, dated January 30, 1985, from G.A. Hufford, identifying modifications to the computer program. 4 . Hufford, G.A., Memorandum to Users of the ITS Irregular Terrain Model, Institute for Telecommunications Sciences, U.S. Department of Commerce, January 30, 1985. Subpart F—Competitive Bidding Procedures for Narrowband PCS Source: 59 FR 26747 , May 24, 1994, unless otherwise noted. § 24.301 Narrowband PCS subject to competitive bidding. Mutually exclusive initial applications for narrowband PCS service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 45367 , July 9, 2002] §§ 24.302-24.309 [Reserved] § 24.320 [Reserved] § 24.321 Designated entities. ( a ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $ 40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $ 15 million for the preceding three years. ( b ) Bidding credits. After August 7, 2000, a winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . ( c ) Installment payments. Small businesses that are winning bidders on any regional license prior to August 7, 2000 will be eligible to pay the full amount of their winning bids in installments over the term of the license pursuant to the terms set forth in § 1.2110(g) of this chapter . [ 67 FR 45367 , July 9, 2002, as amended at 68 FR 42998 , July 21, 2003] Subpart G—Interim Application, Licensing and Processing Rules for Narrowband PCS Source: 59 FR 26749 , May 24, 1994, unless otherwise noted. § 24.403 Authorization required. No person shall use or operate any device for the transmission of energy or communications by radio in the services authorized by this part except as provided in this part. § 24.404 Eligibility. ( a ) General. Authorizations will be granted upon proper application if: ( 1 ) The applicant is qualified under the applicable laws and the regulations, policies and decisions issued under the laws, including § 24.12 ; ( 2 ) There are frequencies available to provide satisfactory service; and ( 3 ) The public interest, convenience or necessity would be served by a grant. ( b ) Alien ownership. A narrowband PCS authorization to provide Commercial Mobile Radio Service may not be granted to or held by: ( 1 ) Any alien or the representative of any alien. ( 2 ) Any corporation organized under the laws of any foreign government. ( 3 ) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or any corporation organized under the laws of a foreign country. ( 4 ) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. A Narrowband PCS authorization to provide Private Mobile Radio Service may not be granted to or held by a foreign government or a representative thereof. [ 59 FR 26749 , May 24, 1994, as amended at 61 FR 55581 , Oct. 28, 1996; 65 FR 35855 , June 6, 2000] §§ 24.405-24.414 [Reserved] § 24.415 Technical content of applications; maintenance of list of station locations. ( a ) All applications required by this part shall contain all technical information required by the application forms or associated public notice(s). Applications other than initial applications for a narrowband PCS license must also comply with all technical requirements of the rules governing the narrowband PCS (see subparts C and D as appropriate). The following paragraphs describe a number of general technical requirements. ( b ) Each application (except applications for initial licenses filed on Form 175) for a radio station authorization for narrowband PCS must comply with the provisions of §§ 24.129 through 24.135 . ( c ) - ( i ) [Reserved] ( j ) The location of the transmitting antenna shall be considered to be the station location. Narrowband PCS licensees must maintain a current list of all station locations, which must describe the transmitting antenna site by its geographical coordinates and also by conventional reference to street number, landmark, or the equivalent. All such coordinates shall be specified in terms of degrees, minutes, and seconds to the nearest second of latitude and longitude. [ 59 FR 26749 , May 24, 1994; 59 FR 43898 , Aug. 25, 1994] §§ 24.416-24.429 [Reserved] § 24.430 Opposition to applications. ( a ) Petitions to deny (including petitions for other forms of relief) and responsive pleadings for Commission consideration must comply with § 1.2108 of this chapter and must: ( 1 ) Identify the application or applications (including applicant's name, station location, Commission file numbers and radio service involved) with which it is concerned; ( 2 ) Be filed in accordance with the pleading limitations, filing periods, and other applicable provisions of §§ 1.41 through 1.52 of this chapter except where otherwise provided in § 1.2108 of this chapter ; ( 3 ) Contain specific allegations of fact which, except for facts of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof, and which shall be sufficient to demonstrate that the petitioner (or respondent) is a party in interest and that a grant of, or other Commission action regarding, the application would be prima facie inconsistent with the public interest; and ( 4 ) Contain a certificate of service showing that it has been mailed to the applicant no later than the date of filing thereof with the Commission. ( b ) A petition to deny a major amendment to a previously filed application may only raise matters directly related to the amendment which could not have been raised in connection with the underlying, previously filed application. This does not apply to petitioners who gain standing because of the major amendment. ( c ) Parties who file frivolous petitions to deny may be subject to sanctions including monetary forfeitures, license revocation, if they are FCC licensees, and may be prohibited from participating in future auctions. [ 59 FR 44072 , Aug. 26, 1994, as amended at 65 FR 35855 , June 6, 2000] § 24.431 Mutually exclusive applications. ( a ) The Commission will consider applications to be mutually exclusive if their conflicts are such that the grant of one application would effectively preclude by reason of harmful electrical interference, or other practical reason, the grant of one or more of the other applications. The Commission will presume “harmful electrical interference” to mean interference which would result in a material impairment to service rendered to the public despite full cooperation in good faith by all applicants or parties to achieve reasonable technical adjustments which would avoid electrical conflict. ( b ) Mutually exclusive applications filed on Form 175 for the initial provision of narrowband PCS service are subject to competitive bidding in accordance with the procedures in subpart F of this part and in 47 CFR part 1, subpart Q . ( c ) An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest. §§ 24.432-24.444 [Reserved] Subpart H—Competitive Bidding Procedures for Broadband PCS Source: 59 FR 37604 , July 22, 1994, unless otherwise noted. § 24.701 Broadband PCS subject to competitive bidding. Mutually exclusive initial applications for broadband PCS service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 45367 , July 9, 2002] §§ 24.702-24.708 [Reserved] § 24.709 Eligibility for licenses for frequency Blocks C or F. ( a ) General rule for licenses offered for closed bidding. ( 1 ) No application is acceptable for filing and no license shall be granted to a winning bidder in closed bidding for frequency block C or frequency block F, unless the applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, have had gross revenues of less than $125 million in each of the last two years and total assets of less than $500 million at the time the applicant's short-form application (Form 175) is filed. ( 2 ) Any licensee awarded a license won in closed bidding pursuant to the eligibility requirements of this section (or pursuant to § 24.839(a)(2) ) shall maintain its eligibility until at least five years from the date of initial license grant, except that a licensee's (or other attributable entity's) increased gross revenues or increased total assets due to nonattributable equity investments (i.e., from sources whose gross revenues and total assets are not considered under paragraph (b) of this section), debt financing, revenue from operations or other investments, business development, or expanded service shall not be considered. ( 3 ) Tiers. ( i ) For purposes of determining spectrum to which the eligibility requirements of this section are applicable, the BTA service areas (see § 24.202(b) ) are divided into two tiers according to their population as follows: ( A ) Tier 1: BTA service areas with population equal to or greater than 2.5 million; ( B ) Tier 2: BTA service areas with population less than 2.5 million. ( ii ) For Auction No. 35, the population of individual BTA service areas will be based on the 1990 census. For auctions beginning after the start of Auction No. 35, the population of individual BTA service areas will be based on the most recent available decennial census. ( 4 ) Application of eligibility requirements. ( i ) The following categories of licenses will be subject to closed bidding pursuant to the eligibility requirements of this section in auctions that begin after the effective date of this paragraph. ( A ) For Tier 1 BTAs, one of the 10 MHz C block licenses (1895-1900 MHz paired with 1975-1980 MHz); ( B ) For Tier 2 BTAs, two of the 10 MHz C block licenses (1895-1900 MHz paired with 1975-1980 MHz; 1900-1905 MHz paired with 1980-1985 MHz) and all 15 MHz C block licenses. ( ii ) Notwithstanding the provisions of paragraph (a)(4)(i) of this section, any C block license for operation on spectrum that has been offered, but not won by a bidder, in closed bidding in any auction beginning on or after March 23, 1999, will not be subject in a subsequent auction to closed bidding pursuant to the eligibility requirements of this section. ( 5 ) Special rule for licensees disaggregating or returning certain spectrum in frequency block C. ( i ) In addition to entities qualifying for closed bidding under paragraph (a)(1) of this section, any entity that was eligible for and participated in the auction for frequency block C, which began on December 18, 1995, or the reauction for frequency block C, which began on July 3, 1996, will be eligible to bid for C block licenses offered in closed bidding in any reauction of frequency block C spectrum that begins within two years of March 23, 1999. ( ii ) In cases of merger, acquisition, or other business combination of entities, where each of the entities is eligible to bid for C block licenses offered in closed bidding in any reauction of C block spectrum on the basis of the eligibility exception set forth in paragraph (a)(5)(i) of this section, the resulting entity will also be eligible for the exception specified in paragraph (a)(5)(i) of this section. ( iii ) In cases of merger, acquisition, or other business combination of entities, where one or more of the entities are ineligible for the exception set forth in paragraph (a)(5)(i) of this section, the resulting entity will not be eligible pursuant to paragraph (a)(5)(i) of this section unless an eligible entity possesses de jure and de facto control over the resulting entity. ( iv ) The following restrictions will apply for any reauction of frequency block C spectrum conducted after March 24, 1998: ( A ) Applicants that elected to disaggregate and surrender to the Commission 15 MHz of spectrum from any or all of their frequency block C licenses, as provided in Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by the Order on Reconsideration of the Second Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply for such disaggregated spectrum until 2 years from the start of the reauction of that spectrum. ( B ) Applicants that surrendered to the Commission any of their frequency block C licenses, as provided in Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by the Order on Reconsideration of the Second Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply for the licenses that they surrendered to the Commission until 2 years from the start of the reauction of those licenses if they elected to apply a credit of 70% of the down payment they made on those licenses toward the prepayment of licenses they did not surrender. ( b ) Exceptions to general rule — ( 1 ) Scope. The following provisions apply to licenses acquired in Auctions No. 5, 10, 11 or 22, or pursuant to § 24.839(a)(2) or (a)(3) prior to October 30, 2000. ( i ) Small business consortia. Where an applicant (or licensee) is a consortium of small businesses, the gross revenues and total assets of each small business shall not be aggregated. ( ii ) Publicly-traded corporations. Where an applicant (or licensee) is a publicly traded corporation with widely dispersed voting power, the gross revenues and total assets of a person or entity that holds an interest in the applicant (or licensee), and its affiliates, shall not be considered. ( iii ) 25 Percent equity exception. The gross revenues and total assets of a person or entity that holds an interest in the applicant (or licensee), and its affiliates, shall not be considered so long as: ( A ) Such person or entity, together with its affiliates, holds only nonattributable equity equaling no more than 25 percent of the applicant's (or licensee's) total equity; ( B ) Except as provided in paragraph (b)(1)(v) of this section, such person or entity is not a member of the applicant's (or licensee's) control group; and ( C ) The applicant (or licensee) has a control group that complies with the minimum equity requirements of paragraph (b)(1)(v) of this section, and, if the applicant (or licensee) is a corporation, owns at least 50.1 percent of the applicant's (or licensee's) voting interests, and, if the applicant (or licensee) is a partnership, holds all of its general partnership interests. ( iv ) 49.9 Percent equity exception. The gross revenues and total assets of a person or entity that holds an interest in the applicant (or licensee), and its affiliates, shall not be considered so long as: ( A ) Such person or entity, together with its affiliates, holds only nonattributable equity equaling no more than 49.9 percent of the applicant's (or licensee's) total equity; ( B ) Except as provided in paragraph (b)(1)(vi) of this section, such person or entity is not a member of the applicant's (or licensee's) control group; and ( C ) The applicant (or licensee) has a control group that complies with the minimum equity requirements of paragraph (b)(1)(vi) of this section and, if the applicant (or licensee) is a corporation, owns at least 50.1 percent of the applicant's (or licensee's) voting interests, and, if the applicant (or licensee) is a partnership, holds all of its general partnership interests. ( v ) Control group minimum 25 percent equity requirement. In order to be eligible to exclude gross revenues and total assets of persons or entities identified in paragraph (b)(1)(iii) of this section, and applicant (or licensee) must comply with the following requirements: ( A ) Except for an applicant (or licensee) whose sole control group member is a preexisting entity, as provided in paragraph (b)(1)(v)(B) of this section, at the time the applicant's short-form application (Form 175) is filed and until at least three years following the date of initial license grant, the applicant's (or licensee's) control group must own at least 25 percent of the applicant's (or licensee's) total equity as follows: ( 1 ) At least 15 percent of the applicant's (or licensee's) total equity must be held by qualifying investors, either unconditionally or in the form of options exercisable, at the option of the holder, at any time and at any exercise price equal to or less than the market value at the time the applicant files its short-form application (Form 175); ( 2 ) Such qualifying investors must hold 50.1 percent of the voting stock and all general partnership interests within the control group, and must have de facto control of the control group and of the applicant; ( 3 ) The remaining 10 percent of the applicant's (or licensee's) total equity may be owned, either unconditionally or in the form of stock options, by any of the following entities, which may not comply with § 24.720(g)(1) : ( i ) Institutional Investors; ( ii ) Noncontrolling existing investors in any preexisting entity that is a member of the control group; ( iii ) Individuals that are members of the applicant's (or licensee's) management; or ( iv ) Qualifying investors, as specified in § 24.720(g)(3) . ( 4 ) Following termination of the three-year period specified in paragraph (b)(1)(v)(A) of this section, qualifying investors must continue to own at least 10 percent of the applicant's (or licensee's) total equity unconditionally or in the form of stock options subject to the restrictions in paragraph (b)(1)(v)(A)( 1 ) of this section. The restrictions specified in paragraphs (b)(1)(v)(A)( 3 )( i ) through (b)(1)(v)(A)( 3 )( iv ) of this section no longer apply to the remaining equity after termination of such three-year period. ( B ) At the election of an applicant (or licensee) whose control group's sole member is a preexisting entity, the 25 percent minimum equity requirements set forth in paragraph (b)(1)(v)(A) of this section shall apply, except that only 10 percent of the applicant's (or licensee's) total equity must be held in qualifying investors, and that the remaining 15 percent of the applicant's (or licensee's) total equity may be held by qualifying investors, or noncontrolling existing investors in such control group member or individuals that are members of the applicant's (or licensee's) management. These restrictions on the identity of the holder(s) of the remaining 15 percent of the licensee's total equity no longer apply after termination of the three-year period specified in paragraph (b)(1)(v)(A) of this section. ( vi ) Control group minimum 50.1 percent equity requirement. In order to be eligible to exclude gross revenues and total assets of persons or entities identified in paragraph (b)(1)(iv) of this section, an applicant (or licensee) must comply with the following requirements: ( A ) Except for an applicant (or licenses) whose sole control group member is a preexisting entity, as provided in paragraph (b)(1)(vi)(B) of this section, at the time the applicant's short-form application (Form 175) is filed and until at least three years following the date of initial license grant, the applicant's (or licensee's) control group must own at least 50.1 percent of the applicant's (or licensee's) total equity as follows: ( 1 ) At least 30 percent of the applicant's (or licensee's) total equity must be held by qualifying investors, either unconditionally or in the form of options, exercisable at the option of the holder, at any time and at any exercise price equal to or less than the market value at the time the applicant files its short-form application (Form 175); ( 2 ) Such qualifying investors must hold 50.1 percent of the voting stock and all general partnership interests within the control group and must have de facto control of the control group and of the applicant; ( 3 ) The remaining 20.1 percent of the applicant's (or licensee's) total equity may be owned by qualifying investors, either unconditionally or in the form of stock options not subject to the restrictions of paragraph (b)(1)(vi)(A)( 1 ) of this section, or by any of the following entities which may not comply with § 24.720(g)(1) : ( i ) Institutional investors, either unconditionally or in the form of stock options; ( ii ) Noncontrolling existing investors in any preexisting entity that is a member of the control group, either unconditionally or in the form of stock options; ( iii ) Individuals that are members of the applicant's (or licensee's) management, either unconditionally or in the form of stock options; or ( iv ) Qualifying investors, as specified in § 24.720(g)(3) . ( 4 ) Following termination of the three-year period specified in paragraph (b)(1)(vi)(A) of this section, qualifying investors must continue to own at least 20 percent of the applicant's (or licensee's) total equity unconditionally or in the form of stock options subject to the restrictions in paragraph (b)(1)(vi)(A)( 1 ) of this section. The restrictions specified in paragraph (b)(1)(vi)(A)( 3 )( i ) through (b)(1)(vi)(A)( 3 )( iv ) of this section no longer apply to the remaining equity after termination of such three-year period. ( B ) At the election of an applicant (or licensee) whose control group's sole member is a preexisting entity, the 50.1 percent minimum equity requirements set forth in paragraph (b)(1)(vi)(A) of this section shall apply, except that only 20 percent of the applicant's (or licensee's) total equity must be held by qualifying investors, and that the remaining 30.1 percent of the applicant's (or licensee's) total equity may be held by qualifying investors, or noncontrolling existing investors in such control group member or individuals that are members of the applicant's (or licensee's) management. These restrictions on the identity of the holder(s) of the remaining 30.1 percent of the licensee's total equity no longer apply after termination of the three-year period specified in paragraph (b)(1)(vi)(A) of this section. ( vii ) Calculation of certain interests. Except as provided in paragraphs (b)(1)(v) and (b)(1)(vi) of this section, ownership interests shall be calculated on a fully diluted basis; all agreements such as warrants, stock options and convertible debentures will generally be treated as if the rights thereunder already have been fully exercised, except that such agreements may not be used to appear to terminate or divest ownership interests before they actually do so, in order to comply with the nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) of this section. ( viii ) Aggregation of affiliate interests. Persons or entities that hold interest in an applicant (or licensee) that are affiliates of each other or have an identify of interests identified in § 1.2110(c)(5)(iii) will be treated as though they were one person or entity and their ownership interests aggregated for purposes of determining an applicant's (or licensee's) compliance with the nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) of this section. Example 1 for paragraph (b)(1)(viii). ABC Corp. is owned by individuals, A, B, and C, each having an equal one-third voting interest in ABC Corp. A and B together, with two-thirds of the stock have the power to control ABC Corp. and have an identity of interest. If A & B invest in DE Corp., a broadband PCS applicant for block C, A and B's separate interests in DE Corp. must be aggregated because A and B are to be treated as one person. Example 2 for paragraph (b)(1)(viii). ABC Corp. has subsidiary BC Corp., of which it holds a controlling 51 percent of the stock. If ABC Corp. and BC Corp., both invest in DE Corp., their separate interests in DE Corp. must be aggregated because ABC Corp. and BC Corp. are affiliates of each other. ( 2 ) The following provisions apply to licenses acquired pursuant to § 24.839(a)(2) or (a)(3) on or after October 30, 2000. In addition to the eligibility requirements set forth at 24.709(a) and (b), applicants and/or licensees seeking to acquire C and/or F block licenses pursuant to 24.839(a)(2) or (a)(3) will be subject to the controlling interest standard in 1.2110(c)(2) of this chapter for purposes of determining unjust enrichment payment obligations. See § 1.2111 of this chapter . ( c ) Short-form and long-form applications: Certifications and disclosure — ( 1 ) Short-form application. In addition to certifications and disclosures required by part 1, subpart Q of this chapter , each applicant to participate in closed bidding for frequency block C or frequency block F shall certify on its short-form application (Form 175) that it is eligible to bid on and obtain such license(s), and (if applicable) that it is eligible for designated entity status pursuant to this section and § 24.720 , and shall append the following information as an exhibit to its Form 175: ( i ) For all applicants: The applicant's gross revenues and total assets, computed in accordance with paragraphs (a) of this section and § 1.2110(b)(1) through (b)(2) of this chapter . ( ii ) For all applicants that participated in Auction Nos. 5, 10, 11, and/or 22: ( A ) The identity of each member of the applicant's control group, regardless of the size of each member's total interest in the applicant, and the percentage and type of interest held; ( B ) The status of each control group member that is an institutional investor, an existing investor, and/or a member of the applicant's management; ( C ) The identity of each affiliate of the applicant and each affiliate of individuals or entities identified pursuant to paragraphs (C)(1)(ii)(A) and (c)(1)(ii)(B) of this section; ( D ) A certification that the applicant's sole control group member is a preexisting entity, if the applicant makes the election in either paragraph (b)(1)(v)(B) or (b)(1)(vi)(B) of this section; and ( E ) For an applicant that is a publicly traded corporation with widely disbursed voting power: ( 1 ) A certified statement that such applicant complies with the requirements of the definition of publicly traded corporation with widely disbursed voting power set forth in § 24.720(f) ; ( 2 ) The identity of each affiliate of the applicant. ( iii ) For each applicant claiming status as a small business consortium, the information specified in paragraph (c)(1)(ii) of this section, for each member of such consortium. ( 2 ) Long-form application. In addition to the requirements in subpart I of this part and other applicable rules (e.g., §§ 20.6(e) and 20.9(b) of this chapter ), each applicant submitting a long-form application for a license(s) for frequency block C or F shall in an exhibit to its long-form application: ( i ) Disclose separately and in the aggregate the gross revenues and total assets, computed in accordance with paragraphs (a) and (b) of this section, for each of the following: The applicant; the applicant's affiliates, the applicant's control group members; the applicant's attributable investors; and affiliates of its attributable investors; ( ii ) List and summarize all agreements or other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility for a license(s) for frequency block C or frequency block F and its eligibility under §§ 24.711 , 24.712 , 24.714 and 24.720 , including the establishment of de facto and de jure control; such agreements and instruments include articles of incorporation and bylaws, shareholder agreements, voting or other trust agreements, partnership agreements, management agreements, joint marketing agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written; and ( iii ) List and summarize any investor protection agreements and identify specifically any such provisions in those agreements identified pursuant to paragraph (c)(2)(ii) of this section, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees. ( 3 ) Records maintenance. All applicants, including those that are winning bidders, shall maintain at their principal place of business an updated file of ownership, revenue and asset information, including those documents referenced in paragraphs (c)(2)(ii) and (c)(2)(iii) of this section and any other documents necessary to establish eligibility under this section and any other documents necessary to establish eligibility under this section or under the definition of small business. Licensees (and their successors in interest) shall maintain such files for the term of the license. Applicants that do not obtain the license(s) for which they applied shall maintain such files until the grant of such license(s) is final, or one year from the date of the filing of their short-form application (Form 175), whichever is earlier. ( d ) Definitions. The terms control group, existing investor, institutional investor, nonattributable equity, preexisting entity, publicly traded corporation with widely dispersed voting power, qualifying investor, and small business used in this section are defined in § 24.720 . [ 67 FR 45368 , July 9, 2002, as amended at 68 FR 42998 , July 21, 2003] § 24.710 [Reserved] § 24.711 Installment payments for licenses for frequency Block C. Installment payments. Each eligible licensee of frequency Block C may pay the remaining 90 percent of the net auction price for the license in installment payments pursuant to § 1.2110(f) of this chapter and under the following terms: ( a ) For an eligible licensee with gross revenues exceeding $75 million (calculated in accordance with § 1.2110(n) of this chapter and § 24.709(b) ) in each of the two preceding years (calculated in accordance with § 1.2110(n) of this chapter ), interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 3.5 percent; payments shall include both principal and interest amortized over the term of the license. ( b ) For an eligible licensee with gross revenues not exceeding $75 million (calculated in accordance with § 1.2110(b) of this chapter and § 24.709(b) ) in each of the two preceding years, interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 2.5 percent; payments shall include interest only for the first year and payments of interest and principal amortized over the remaining nine years of the license term. ( c ) For an eligible licensee that qualifies as a small business or as a consortium of small businesses, interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted; payments shall include interest only for the first six years and payments of interest and principal amortized over the remaining four years of the license term. [ 67 FR 45371 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003] § 24.712 Bidding credits for licenses won for frequency Block C. ( a ) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a small business, as defined in § 24.720(b)(1) , or a consortium of small businesses may use a bidding credit of fifteen percent, as specified in § 1.2110(f)(2)(iii) of this chapter , to lower the cost of its winning bid. ( b ) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a very small business, as defined in § 24.720(b)(2) , or a consortium of very small businesses may use a bidding credit of twenty-five percent as specified in § 1.2110(f)(2)(ii) of this chapter , to lower the cost of its winning bid. ( c ) Unjust enrichment. The unjust enrichment provisions of § 1.2111(d) and (e)(2) of this chapter shall not apply with respect to licenses acquired in either the auction for frequency block C that began on December 18, 1995, or the reauction of block C spectrum that began on July 3, 1996. [ 67 FR 45371 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003] § 24.713 [Reserved] § 24.714 Partitioned licenses and disaggregated spectrum. ( a ) Eligibility. ( 1 ) Parties seeking approval for partitioning and disaggregation shall request an authorization for partial assignment of a license pursuant to § 24.839 . ( 2 ) Broadband PCS licensees in spectrum blocks A, B, D, and E and broadband PCS C and F block licenses not subject to the eligibility requirements of § 24.709 may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. ( 3 ) Broadband PCS licensees that acquired C or F block licenses in closed bidding subject to the eligibility requirements of § 24.709 may partition their licensed geographic service area or disaggregate their licensed spectrum at any time to an entity that meets the eligibility criteria set forth in § 24.709 at the time the request for partial assignment of license is filed or to an entity that holds license(s) for frequency blocks C and F that met the eligibility criteria set forth in § 24.709 at the time of receipt of such license(s). Partial assignment applications seeking partitioning or disaggregation of broadband PCS licenses in spectrum blocks C and F must include an attachment demonstrating compliance with this section. ( b ) Technical standards — ( 1 ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). ( 2 ) Disaggregation. Spectrum may be disaggregated in any amount. ( 3 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( c ) Installment payments — ( 1 ) Apportioning the balance on installment payment plans. When a winning bidder elects to pay for its license through an installment payment plan pursuant to § 1.2110(g) of this chapter or § 24.716 , and partitions its licensed area or disaggregates spectrum to another party, the outstanding balance owed by the licensee on its installment payment plan (including accrued and unpaid interest) shall be apportioned between the licensee and partitionee or disaggregatee. Both parties will be responsible for paying their proportionate share of the outstanding balance to the U.S. Treasury. In the case of partitioning, the balance shall be apportioned based upon the ratio of the population of the partitioned area to the population of the entire original license area calculated based upon the most recent census data. In the case of disaggregation, the balance shall be apportioned based upon the ratio of the amount of spectrum disaggregated to the amount of spectrum allocated to the licensed area. ( 2 ) Parties not qualified for installment payment plans. ( i ) When a winning bidder elects to pay for its license through an installment payment plan, and partitions its license or disaggregates spectrum to another party that would not qualify for an installment payment plan or elects not to pay its share of the license through installment payments, the outstanding balance owed by the licensee (including accrued and unpaid interest shall be apportioned according to § 24.714(c)(1) ). ( ii ) The partitionee or disaggregatee shall, as a condition of the approval of the partial assignment application, pay its entire pro rata amount within 30 days of Public Notice conditionally granting the partial assignment application. Failure to meet this condition will result in a rescission of the grant of the partial assignment application. ( iii ) The licensee shall be permitted to continue to pay its pro rata share of the outstanding balance and shall receive new financing documents (promissory note, security agreement) with a revised payment obligation, based on the remaining amount of time on the original installment payment schedule. These financing documents will replace the licensee's existing financing documents, which shall be marked “superseded” and returned to the licensee upon receipt of the new financing documents. The original interest rate, established pursuant to § 1.2110(g)(3)(i) of this chapter at the time of the grant of the initial license in the market, shall continue to be applied to the licensee's portion of the remaining government obligation. The Commission will require, as a further condition to approval of the partial assignment application, that the licensee execute and return to the U.S. Treasury the new financing documents within 30 days of the Public Notice conditionally granting the partial assignment application. Failure to meet this condition will result in the automatic cancellation of the grant of the partial assignment application. ( iv ) A default on the licensee's payment obligation will only affect the licensee's portion of the market. ( 3 ) Parties qualified for installment payment plans. ( i ) Where both parties to a partitioning or disaggregation agreement qualify for installment payments, the partitionee or disaggregatee will be permitted to make installment payments on its portion of the remaining government obligations, as calculated according to § 24.714(c)(1) . ( ii ) Each party will be required, as a condition to approval of the partial assignment application, to execute separate financing documents (promissory note, security agreement) agreeing to pay their pro rata portion of the balance due (including accrued and unpaid interest) based upon the installment payment terms for which they qualify under the rules. The financing documents must be returned to the U.S. Treasury within thirty (30) days of the Public Notice conditionally granting the partial assignment application. Failure by either party to meet this condition will result in the automatic cancellation of the grant of the partial assignment application. The interest rate, established pursuant to § 1.2110(g)(3)(i) of this chapter at the time of the grant of the initial license in the market, shall continue to be applied to both parties' portion of the balance due. Each party will receive a license for their portion of the partitioned market or disaggregated spectrum. ( iii ) A default on an obligation will only affect that portion of the market area held by the defaulting party. ( iv ) Partitionees and disaggregatees that qualify for installment payment plans may elect to pay some of their pro rata portion of the balance due in a lump sum payment to the U.S. Treasury and to pay the remaining portion of the balance due pursuant to an installment payment plan. ( d ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 24.15 . [ 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 42999 , July 21, 2003; 82 FR 41547 , Sept. 1, 2017] § 24.716 Installment payments for licenses for frequency Block F. Installment Payments. Each eligible licensee of frequency Block F may pay the remaining 80 percent of the net auction price for the license in installment payments pursuant to § 1.2110(g) of this chapter and under the following terms: ( a ) For an eligible licensee with gross revenues exceeding $75 million (calculated in accordance with § 1.2110(b) of this chapter and, when applicable, § 24.709(b) ) in each of the two preceding years (calculated in accordance with § 1.2110(n) of this chapter ), interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 3.5 percent; payments shall include both principal and interest amortized over the term of the license; ( b ) For an eligible licensee with gross revenues not exceeding $75 million (calculated in accordance with § 1.2110(b) of this chapter and, when applicable, § 24.709(b) ) in each of the two preceding years (calculated in accordance with § 1.2110(n) of this chapter ), interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 2.5 percent; payments shall include interest only for the first year and payments of interest and principal amortized over the remaining nine years of the license term; or ( c ) For an eligible licensee that qualifies as a small business or as a consortium of small businesses, interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted; payments shall include interest only for the first two years and payments of interest and principal amortized over the remaining eight years of the license term. [ 67 FR 45371 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003] § 24.717 Bidding credits for licenses for frequency Block F. ( a ) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a small business, as defined in § 24.720(b)(1) , or a consortium of small businesses may use a bidding credit of fifteen percent, as specified in § 1.2110(f)(2)(iii) of this chapter , to lower the cost of its winning bid. ( b ) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a very small business, as defined in § 24.720(b)(2) , or a consortium of very small businesses may use a bidding credit of twenty-five percent as specified in § 1.2110(f)(2)(ii) of this chapter , to lower the cost of its winning bid. [ 68 FR 42999 , July 21, 2003] § 24.720 Definitions. ( a ) Scope. The definitions in this section apply to §§ 24.709 through 24.717 , unless otherwise specified in those sections. ( b ) Small and very small business. ( 1 ) A small business is an entity that, together with its affiliates and persons or entities that hold interest in such entity and their affiliates , has average annual gross revenues that are not more than $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average annual gross revenues that are not more than $15 million for the preceding three years. ( c ) Institutional Investor. An institutional investor is an insurance company, a bank holding stock in trust accounts through its trust department, or an investment company as defined in 15 U.S.C. 80a-3(a) , including within such definition any entity that would otherwise meet the definition of investment 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 (c) , without regard to whether such entity is an issuer of securities; provided that, if such investment company is owned, in whole or in part, by other entities, such investment company, such other entities and the affiliates of such other entities, taken as a whole, must be primarily engaged in the business of investing, reinvesting or trading in securities or in distributing or providing investment management services for securities. ( d ) Nonattributable Equity — ( 1 ) Nonattributable equity shall mean: ( i ) For corporations, voting stock or non-voting stock that includes no more than twenty-five percent of the total voting equity, including the right to vote such stock through a voting trust or other arrangement; ( ii ) For partnerships, joint ventures and other non-corporate entities, limited partnership interests and similar interests that do not afford the power to exercise control of the entity. ( 2 ) For purposes of assessing compliance with the equity limits in § 24.709 (b)(1)(iii)(A) and (b)(1)(iv)(A) , where such interests are not held directly in the applicant, the total equity held by a person or entity shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain. ( e ) Control Group. A control group is an entity, or a group of individuals or entities, that possesses de jure control and de facto control of an applicant or licensee, and as to which the applicant's or licensee's charters, bylaws, agreements and any other relevant documents (and amendments thereto) provide: ( 1 ) That the entity and/or its members own unconditionally at least 50.1 percent of the total voting interests of a corporation; ( 2 ) That the entity and/or its members receive at least 50.1 percent of the annual distribution or any dividends paid on the voting stock of a corporation; ( 3 ) That, in the event of dissolution or liquidation of a corporation, the entity and/or its members are entitled to receive 100 percent of the value of each share of stock in its possession and a percentage of the retained earnings of the concern that is equivalent to the amount of equity held in the corporation; and ( 4 ) That, for other types of businesses, the entity and/or its members have the right to receive dividends, profits and regular and liquidating distributions from the business in proportion to the amount of equity held in the business. Note to paragraph ( e ): Voting control does not always assure de facto control, such as for example, when the voting stock of the control group is widely dispersed (see e.g., § 1.2110(c)(5)(ii)(C) of this chapter ). ( f ) Publicly Traded Corporation with Widely Dispersed Voting Power. A publicly traded corporation with widely dispersed voting power is a business entity organized under the laws of the United States: ( 1 ) Whose shares, debt, or other ownership interests are traded on an organized securities exchange within the United States; ( 2 ) In which no person: ( i ) Owns more than 15 percent of the equity; or ( ii ) Possesses, directly or indirectly, through the ownership of voting securities, by contract or otherwise, the power to control the election of more than 15 percent of the members of the board of directors or other governing body of such publicly traded corporation; and ( 3 ) Over which no person other than the management and members of the board of directors or other governing body of such publicly traded corporation, in their capacities as such, has de facto control. ( 4 ) The term person shall be defined as in section 13(d) of the Securities and Exchange Act of 1934, as amended ( 15 U.S.C. 78(m) ), and shall also include investors that are commonly controlled under the indicia of control set forth in the definition of affiliate in § 1.2110(c)(5) of the Commission's rules. ( g ) Qualifying investor. ( 1 ) A qualifying investor is a person who is (or holds an interest in) a member of the applicant's (or licensee's) control group and whose gross revenues and total assets, when aggregated with those of all other attributable investors and affiliates, do not exceed the gross revenues and total assets limits specified in § 24.709(a) , or, in the case of an applicant (or licensee) that is a small business, do not exceed the gross revenues limit specified in paragraph (b) of this section. ( 2 ) For purposes of assessing compliance with the minimum equity requirements of § 24.709(b)(1)(v) and (b)(1)(vi) , where such equity interests are not held directly in the applicant, interests held by qualifying investors shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain. ( 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 (or holds an interest in) a member of the applicant's (or licensee's) control group and whose gross revenues and total assets do not exceed the gross revenues and total assets limits specified in § 24.709(a) . ( h ) Preexisting entity; Existing investor. A preexisting entity is an entity that was operating and earning revenues for at least two years prior to December 31, 1994. An existing investor is a person or entity that was an owner of record of a preexisting entity's equity as of November 10, 1994, and any person or entity acquiring de minimis equity holdings in a preexisting entity after that date. Note to paragraph ( h ): In applying the term existing investor to de minimis interests in preexisting entities obtained or increased after November 10, 1994, the Commission will scrutinize any significant restructuring of the preexisting entity that occurs after that date and will presume that any change of equity that is five percent or less of the preexisting entity's total equity is de minimis. The burden is on the applicant (or licensee) to demonstrate that changes that exceed five percent are not significant. [ 67 FR 45372 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003; 68 FR 57829 , Oct. 7, 2003] Subpart I—Interim Application, Licensing, and Processing Rules for Broadband PCS Source: 59 FR 37610 , July 22, 1994, unless otherwise noted. §§ 24.801-24.803 [Reserved] § 24.804 Eligibility. ( a ) General. Authorizations will be granted upon proper application if: ( 1 ) The applicant is qualified under all applicable laws and Commission regulations, policies and decisions; ( 2 ) There are frequencies available to provide satisfactory service; and ( 3 ) The public interest, convenience or necessity would be served by a grant. ( b ) Alien ownership. A broadband PCS authorization to provide Commercial Mobile Radio Service may not be granted to or held by: ( 1 ) Any alien or the representative of any alien. ( 2 ) Any corporation organized under the laws of any foreign government. ( 3 ) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or any corporation organized under the laws of another country. ( 4 ) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such a license. ( c ) A broadband PCS authorization to provide Private Mobile Radio Service may not be granted to or held by a foreign government or a representative thereof. [ 59 FR 37610 , July 22, 1994, as amended at 61 FR 55581 , Oct. 28, 1996] §§ 24.805-24.814 [Reserved] § 24.815 Technical content of applications; maintenance of list of station locations. ( a ) All applications required by this part shall contain all technical information required by the application forms or associated Public Notice(s). Applications other than initial applications for a broadband PCS license must also comply with all technical requirements of the rules governing the broadband PC ( see subparts C and E of this part as appropriate). The following paragraphs describe a number of general technical requirements. ( b ) Each application (except applications for initial licenses filed on Form 175) for a license for broadband PCS must comply with the provisions of §§ 24.229-24.238 of the Commission's Rules. ( c ) - ( i ) [Reserved] ( j ) The location of the transmitting antenna shall be considered to be the station location. Broadband PCS licensees must maintain a current list of all station locations, which must describe the transmitting antenna site by its geographical coordinates and also by conventional reference to street number, landmark, or the equivalent. All such coordinates shall be specified in terms of degrees, minutes, and seconds to the nearest second of latitude and longitude. §§ 24.816-24.829 [Reserved] § 24.830 Opposition to applications. ( a ) Petitions to deny (including petitions for other forms of relief) and responsive pleadings for Commission consideration must comply with § 1.2108 of this chapter and must: ( 1 ) Identify the application or applications (including applicant's name, station location, Commission file numbers and radio service involved) with which it is concerned; ( 2 ) Be filed in accordance with the pleading limitations, filing periods, and other applicable provisions of §§ 1.41 through 1.52 of this chapter except where otherwise provided in § 1.2108 of this chapter ; ( 3 ) Contain specific allegations of fact which, except for facts of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof, and which shall be sufficient to demonstrate that the petitioner (or respondent) is a party in interest and that a grant of, or other Commission action regarding, the application would be prima facie inconsistent with the public interest; ( 4 ) Be filed within thirty (30) days after the date of public notice announcing the acceptance for filing of any such application or major amendment thereto (unless the Commission otherwise extends the filing deadline); and ( 5 ) Contain a certificate of service showing that it has been mailed to the applicant no later than the date of filing thereof with the Commission. ( b ) A petition to deny a major amendment to a previously-filed application may only raise matters directly related to the amendment which could not have been raised in connection with the underlying previously-filed application. This subsection does not apply, however, to petitioners who gain standing because of the major amendment. § 24.831 Mutually exclusive applications. ( a ) The Commission will consider applications for broadband PCS licenses to be mutually exclusive if they relate to the same geographical boundaries (MTA or BTA) and are timely filed for the same frequency block. ( b ) Mutually exclusive applications filed on Form 175 for the initial provision of broadband PCS are subject to competitive bidding in accordance with the procedures in subpart H of this part and in part 1, subpart Q of this chapter . ( c ) An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest. ( d ) - ( j ) [Reserved] § 24.832 [Reserved] § 24.833 Post-auction divestitures. Any parties sharing a common non-controlling ownership interest who aggregate more PCS spectrum among them than 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 divest sufficient properties within 90 days of the license grant to come into compliance with the spectrum aggregation limits as follows: ( a ) The broadband PCS applicant shall submit a signed statement with its long-form application stating that sufficient properties will be divested within 90 days of the license grant. If the licensee is otherwise qualified, the Commission will grant the applications subject to a condition that the licensee come into compliance with the PCS spectrum aggregation limits within 90 days of grant. ( b ) Within 90 days of license grant, the licensee must certify that the applicant and all parties to the application have come into compliance with the PCS spectrum aggregation limits. If the licensee fails to submit the certification within 90 days, the Commission will immediately cancel all broadband PCS licenses won by the applicant, impose the default penalty and, based on the facts presented, take any other action it may deem appropriate. Divestiture may be to an interim trustee if a buyer has not been secured in the required time frame, as long as the applicant has no interest in or control of the trustee, and the trustee may dispose of the property as it sees fit. In no event may the trustee retain the property for longer than six months from grant of license. [ 59 FR 53371 , Oct. 24, 1994] §§ 24.834-24.838 [Reserved] § 24.839 Transfer of control or assignment of license. ( a ) Restrictions on Assignments and Transfers of Licenses for Frequency Blocks C and F won in closed bidding. No assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted unless: ( 1 ) The application for assignment or transfer of control is filed after five years from the date of the initial license grant; or ( 2 ) The proposed assignee or transferee meets the eligibility criteria set forth in § 24.709 of this part at the time the application for assignment or transfer of control is filed, or the proposed assignee or transferee holds other license(s) for frequency blocks C and F and, at the time of receipt of such license(s), met the eligibility criteria set forth in § 24.709 of this part ; or ( 3 ) The application is for partial assignment of a partitioned service area to a rural telephone company pursuant to § 24.714 of this part and the proposed assignee meets the eligibility criteria set forth in § 24.709 of this part ; or ( 4 ) The application is for an involuntary assignment or transfer of control to a bankruptcy trustee appointed under involuntary bankruptcy, an independent receiver appointed by a court of competent jurisdiction in a foreclosure action, or, in the event of death or disability, to a person or entity legally qualified to succeed the deceased or disabled person under the laws of the place having jurisdiction over the estate involved; provided that, the applicant requests a waiver pursuant to this paragraph; or ( 5 ) The assignment or transfer of control is pro forma; or ( 6 ) The application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied. ( b ) If the assignment or transfer of control of a license is approved, the assignee or transferee is subject to the original construction requirement of § 24.203 of this part . [ 63 FR 68953 , Dec. 14, 1998, as amended at 65 FR 53638 , Sept. 5, 2000] §§ 24.840-24.844 [Reserved]"}}},{"rowIdx":49,"cells":{"file_name":{"kind":"string","value":"title-47_13.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 13—COMMERCIAL RADIO OPERATORS Authority: 47 U.S.C. 154 , 303 . Source: 58 FR 9124 , Feb. 19, 1993, unless otherwise noted. General § 13.1 Basis and purpose. ( a ) Basis. The basis for the rules contained in this part is the Communications Act of 1934, as amended, and applicable treaties and agreements to which the United States is a party. ( b ) Purpose. The purpose of the rules in this part is to prescribe the manner and conditions under which commercial radio operators are licensed by the Commission. § 13.3 Definitions. The definitions of terms used in part 13 are: ( a ) COLEM. Commercial operator license examination manager. ( b ) Commercial radio operator. A person holding a license or licenses specified in § 13.7(b) . ( c ) GMDSS. Global Maritime Distress and Safety System. ( d ) FCC. Federal Communications Commission. ( e ) International Morse Code. A dot-dash code as defined in International Telegraph and Telephone Consultative Committee (CCITT) Recommendation F.1 (1984), Division B, I. Morse code. ( f ) ITU. International Telecommunication Union. ( g ) PPC. Proof-of-Passing Certificate. ( h ) Question pool. All current examination questions for a designated written examination element. ( i ) Question set. A series of examination questions on a given examination selected from the current question pool. ( j ) Radio Regulations. The latest ITU Radio Regulations to which the United States is a party. § 13.5 Licensed commercial radio operator required. Rules that require FCC station licensees to have certain transmitter operation, maintenance, and repair duties performed by a commercial radio operator are contained in parts 80 and 87 of this chapter . [ 78 FR 23152 , Apr. 18, 2013] § 13.7 Classification of operator licenses and endorsements. ( a ) Commercial radio operator licenses issued by the FCC are classified in accordance with the Radio Regulations of the ITU. ( b ) There are twelve types of commercial radio operator licenses, certificates and permits (licenses). The license's ITU classification, if different from its name, is given in parentheses. ( 1 ) First Class Radiotelegraph Operator's Certificate. Beginning May 20, 2013, no applications for new First Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 2 ) Second Class Radiotelegraph Operator's Certificate. Beginning May 20, 2013, no applications for new Second Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 3 ) Third Class Radiotelegraph Operator's Certificate (radiotelegraph operator's special certificate). Beginning May 20, 2013, no applications for new Third Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 4 ) Radiotelegraph Operator License. ( 5 ) General Radiotelephone Operator License (radiotelephone operator's general certificate). ( 6 ) Marine Radio Operator Permit (radiotelephone operator's restricted certificate). ( 7 ) Restricted Radiotelephone Operator Permit (radiotelephone operator's restricted certificate). ( 8 ) Restricted Radiotelephone Operator Permit-Limited Use (radiotelephone operator's restricted certificate). ( 9 ) GMDSS Radio Operator's License (general operator's certificate). ( 10 ) Restricted GMDSS Radio Operator's License (restricted operator's certificate). ( 11 ) GMDSS Radio Maintainer's License (technical portion of the first-class radio electronic certificate). ( 12 ) GMDSS Radio Operator/Maintainer License (general operator's certificate/technical portion of the first-class radio electronic certificate). ( c ) There are three license endorsements affixed by the FCC to provide special authorizations or restrictions. Endorsements may be affixed to the license(s) indicated in parentheses. ( 1 ) Ship Radar Endorsement (First and Second Class Radiotelegraph Operator's Certificates, Radiotelegraph Operator License, General Radiotelephone Operator License, GMDSS Radio Maintainer's License). ( 2 ) Six Months Service Endorsement (First and Second Class Radiotelegraph Operator's Certificates, Radiotelegraph Operator License) ( 3 ) Restrictive endorsements relating to physical disability, English language or literacy waivers, or other matters (all licenses). ( d ) A Restricted Radiotelephone Operator Permit-Limited Use issued by the FCC to an aircraft pilot who is not legally eligible for employment in the United States is valid only for operating radio stations on aircraft. ( e ) A Restricted Radiotelephone Operator Permit-Limited Use issued by the FCC to a person under the provision of Section 303(1)(2) of the Communications Act of 1934, as amended, is valid only for the operation of radio stations for which that person is the station licensee. [ 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 FR 23152 , Apr. 18, 2013] § 13.8 Authority conveyed. Licenses, certificates and permits issued under this part convey authority for the operating privileges of other licenses, certificates, and permits issued under this part as specified below: ( a ) A First Class Radiotelegraph Operator's Certificate conveys all of the operating authority of the Second Class Radiotelegraph Operator's Certificate, the Third Class Radiotelegraph Operator's Certificate, the Radiotelegraph Operator License, the Restricted Radiotelephone Operator Permit, and the Marine Radio Operator Permit. ( b ) A Radiotelegraph Operator License conveys all of the operating authority of the Second Class Radiotelegraph Operator's Certificate, which conveys all of the operating authority of the Third Class Radiotelegraph Operator's Certificate, the Restricted Radiotelephone Operator Permit, and the Marine Radio Operator Permit. ( c ) A Third Class Radiotelegraph Operator's Certificate conveys all of the operating authority of the Restricted Radiotelophone Operator Permit and the Marine Radio Operator Permit. ( d ) A General Radiotelephone Operator License conveys all of the operating authority of the Marine Radio Operator Permit and the Restricted Radiotelephone Operator Permit. ( e ) A GMDSS Radio Operator's License conveys all of the operating authority of the Marine Radio Operator Permit and the Restricted Radiotelephone Operator Permit. ( f ) A GMDSS Radio Maintainer's License conveys all of the operating authority of the General Radiotelephone Operator License, the Marine Radio Operator Permit, and the Restricted Radiotelephone Operator Permit. ( g ) A Marine Radio Operator Permit conveys all of the authority of the Restricted Radiotelephone Operator Permit. [ 64 FR 53240 , Oct. 1, 1999, as amended at 78 FR 23152 , Apr. 18, 2013] § 13.9 Eligibility and application for new license or endorsement. ( a ) If found qualified, the following persons are eligible to apply for commercial radio operator licenses: ( 1 ) Any person legally eligible for employment in the United States. ( 2 ) Any person, for the purpose of operating aircraft radio stations, who holds: ( i ) United States pilot certificates; or ( ii ) Foreign aircraft pilot certificates which are valid in the United States, if the foreign government involved has entered into a reciprocal agreement under which such foreign government does not impose any similar requirement relating to eligibility for employment upon United States citizens. ( 3 ) Any person who holds a FCC radio station license, for the purpose of operating that station. ( 4 ) Notwithstanding any other provisions of the FCC's rules, no person shall be eligible to be issued a commercial radio operator license when ( i ) The person's commercial radio operator license is suspended, or ( ii ) The person's commercial radio operator license is the subject of an ongoing suspension proceeding, or ( iii ) The person is afflicted with complete deafness or complete muteness or complete inability for any other reason to transmit correctly and to receive correctly by telephone spoken messages in English. ( b ) Each application for a new General Radiotelephone Operator License, Marine Radio Operator Permit, Radiotelegraph Operator License, Ship Radar Endorsement, Six Months Service Endorsement, GMDSS Radio Operator's License, Restricted GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, GMDSS Radio Operator/Maintainer License, Restricted Radiotelephone Operator Permit, or Restricted Radiotelephone Operator Permit-Limited Use must be filed on FCC Form 605 in accordance with § 1.913 of this chapter . ( c ) Each application for a new General Radiotelephone Operator License, Marine Radio Operator Permit, Radiotelegraph Operator License, Ship Radar Endorsement, GMDSS Radio Operator's License, Restricted GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/Maintainer License must be accompanied by the required fee, if any, and submitted in accordance with § 1.913 of this chapter . The application must include an electronic copy of the official PPC(s) from a COLEM(s) showing that the applicant has passed the necessary examination Element(s) within the previous 365 days when the applicant files the application. If a COLEM files the application on behalf of the applicant, an official copy of the PPC(s) is not required. However, the COLEM must keep the PPC(s) on file for a period of 1 year. When acting on behalf of qualified examinees, the COLEM must forward all required data to the FCC electronically. ( d ) An applicant will be given credit for an examination element as specified below: ( 1 ) An unexpired (or within the grace period) FCC-issued commercial radio operator license: Except as noted in paragraph (d)(3) of this section, the written examination and telegraphy Element(s) required to obtain the license held; ( 2 ) An expired or unexpired FCC-issued Amateur Extra Class operator license grant granted before April 15, 2000: Telegraphy Elements 1 and 2; and ( 3 ) An FCC-issued Third Class Radiotelegraph Operator's Certificate that was renewed as a Marine Radio Operator Permit ( see § 13.13(b) of this chapter ) that is unexpired (or within the grace period): Telegraphy Elements 1 and 2. ( e ) Provided that a person's commercial radio operator license was not revoked, or suspended, and is not the subject of an ongoing suspension proceeding, a person whose application for a commercial radio operator license has been received by the FCC but which has not yet been acted upon and who holds a PPC(s) indicating that he or she passed the necessary examination(s) within the previous 365 days, is authorized to exercise the rights and privileges of the operator license for which the application was received. This authority is valid for a period of 90 days from the date the application was received. The FCC, in its discretion, may cancel this temporary conditional operating authority without a hearing. ( f ) Each application for a new six months service endorsement must be submitted in accordance with § 1.913 of this chapter . The application must include documentation showing that: ( 1 ) The applicant was employed as a radio operator on board a ship or ships of the United States for a period totaling at least six months; ( 2 ) The ships were equipped with a radio station complying with the provisions of part II of title III of the Communications Act, or the ships were owned and operated by the U.S. Government and equipped with radio stations; ( 3 ) The ships were in service during the applicable six month period and no portion of any single in-port period included in the qualifying six months period exceeded seven days; ( 4 ) The applicant held a FCC-issued First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator License during this entire six month qualifying period; and ( 5 ) The applicant holds a radio officer's license issued by the U.S. Coast Guard at the time the six month endorsement is requested. ( g ) No person shall alter, duplicate for fraudulent purposes, or fraudulently obtain or attempt to obtain an operator license. No person shall use a license issued to another or a license that he or she knows to be altered, duplicated for fraudulent purposes, or fraudulently obtained. No person shall obtain or attempt to obtain, or assist another person to obtain or attempt to obtain, an operator license by fraudulent means. [ 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 FR 20752 , Apr. 25, 2001; 68 FR 46958 , Aug. 7, 2003; 78 FR 23152 , Apr. 18, 2013; 85 FR 85531 , Dec. 29, 2020] § 13.10 Licensee address. In accordance with § 1.923 of this chapter , all applicants (except applicants for a Restricted Radiotelephone Operator Permit or a Restricted Radiotelephone Operator Permit-Limited Use) must specify an email address where the applicant can receive electronic correspondence. Suspension of the operator license may result when correspondence from the FCC is returned as undeliverable because the applicant failed to provide the correct email address. [ 85 FR 85531 , Dec. 29, 2020] § 13.11 Holding more than one commercial radio operator license. ( a ) An eligible person may hold more than one commercial operator license. ( 1 ) No person may hold two or more unexpired radiotelegraph operator's certificates at the same time; ( 2 ) No person may hold any class of radiotelegraph operator's certificate and a Marine Radio Operator Permit; ( 3 ) No person may hold any class of radiotelegraph operator's certificate and a Restricted Radiotelephone Operator Permit. ( b ) Each person who is not legally eligible for employment in the United States, and certain other persons who were issued permits prior to September 13, 1982, may hold two Restricted Radiotelephone Operator Permits simultaneously when each permit authorizes the operation of a particular station or class of stations. [ 58 FR 9124 , Feb. 19, 1993, as amended at 78 FR 23153 , Apr. 18, 2013] § 13.13 Application for a renewed or modified license. ( a ) Each application to renew a First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator License must be made on FCC Form 605. The application must be accompanied by the appropriate fee and submitted in accordance with § 1.913 of this chapter . Beginning May 20, 2013, First and Second Class Radiotelegraph Operator's Certificates will be renewed as Radiotelegraph Operator Licenses, and Third Class Radiotelegraph Operator's Certificates will be renewed as Marine Radio Operator Permits. ( b ) If a license expires, application for renewal may be made during a grace period of five years after the expiration date without having to retake the required examinations. The application must be accompanied by the required fee and submitted in accordance with § 1.913 of this chapter . During the grace period, the expired license is not valid. A license renewed during the grace period will be effective as of the date of the renewal. Licensees who fail to renew their licenses within the grace period must apply for a new license and take the required examination(s). Beginning May 20, 2013, no applications for new First, Second, or Third Class Radiotelegraph Operator's Certificates will be accepted for filing. ( c ) Each application involving a change in operator class must be filed on FCC Form 605. Each application for a commercial operator license involving a change in operator class must be accompanied by the required fee, if any, and submitted in accordance with § 1.913 of this chapter . The application must include an original PPC(s) from a COLEM(s) showing that the applicant has passed the necessary examination Element(s) within the previous 365 days when the applicant files the application. If a COLEM files the application on behalf of the applicant, an original PPC(s) is not required. However, the COLEM must keep the PPC(s) on file for a period of 1 year. When acting on behalf of qualified examinees, the COLEM must forward all required data to the FCC electronically. ( d ) Provided that a person's commercial radio operator license was not revoked, or suspended, and is not the subject of an ongoing suspension proceeding, a person holding a General Radiotelephone Operator License, Marine Radio Operator Permit, First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, Radiotelegraph Operator License, GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/Maintainer License, who has an application for another commercial radio operator license which has not yet been acted upon pending at the FCC and who holds a PPC(s) indicating that he or she passed the necessary examination(s) within the previous 365 days, is authorized to exercise the rights and privileges of the license for which the application is filed. This temporary conditional operating authority is valid for a period of 90 days from the date the application is received. This temporary conditional operating authority does not relieve the licensee of the obligation to comply with the certification requirements of the Standards of Training, Certification and Watchkeeping (STCW) Convention. The FCC, in its discretion, may cancel this temporary conditional operating authority without a hearing. ( e ) An applicant will be given credit for an examination element as specified below: ( 1 ) An unexpired (or within the grace period) FCC-issued commercial radio operator license: Except as noted in paragraph (e)(3) of this section, the written examination and telegraphy Element(s) required to obtain the license held; ( 2 ) An expired or unexpired FCC-issued Amateur Extra Class operator license grant granted before April 15, 2000: Telegraphy Elements 1 and 2; and ( 3 ) An FCC-issued Third Class Radiotelegraph Operator's Certificate that was renewed as a Marine Radio Operator Permit ( see § 13.13(b) of this chapter ) that is unexpired (or within the grace period): Telegraphy Elements 1 and 2. [ 78 FR 23153 , Apr. 18, 2013] § 13.15 License term. First Class Radiotelegraph Operator's Certificates, Second Class Radiotelegraph Operator's Certificates, and Third Class Radiotelegraph Operator's Certificates are normally valid for a term of five years from the date of issuance. All other commercial radio operator licenses are normally valid for the lifetime of the holder. [ 78 FR 23153 , Apr. 18, 2013] § 13.17 Replacement license. ( a ) Each licensee or permittee whose original document is lost, mutilated, or destroyed may request a replacement. The application must be accompanied by the required fee and submitted to the address specified in part 1 of the rules. ( b ) Each application for a replacement General Radiotelephone Operator License, Marine Radio Operator Permit, First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, Radiotelegraph Operator Certificate, GMDSS Radio Operator's License, Restricted GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/Maintainer License must be made on FCC Form 605 and must include a written explanation as to the circumstances involved in the loss, mutilation, or destruction of the original document. ( c ) Each application for a replacement Restricted Radiotelephone Operator Permit or Restricted Radiotelephone Operator Permit-Limited Use must be on FCC Form 605. ( d ) A licensee who has made application for a replacement license may exhibit a copy of the application submitted to the FCC or a photocopy of the license in lieu of the original document. [ 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] § 13.19 Operator's responsibility. ( a ) The operator responsible for maintenance of a transmitter may permit other persons to adjust that transmitter in the operator's presence for the purpose of carrying out tests or making adjustments requiring specialized knowledge or skill, provided that he or she shall not be relieved thereby from responsibility for the proper operation of the equipment. ( b ) In every case where a station operating log or service and maintenance log is required, the operator responsible for the station operation or maintenance shall make the required entries in the station log. If no station log is required, the operator responsible for service or maintenance duties which may affect the proper operation of the station shall sign and date an entry in the station maintenance records giving: ( 1 ) Pertinent details of all service and maintenance work performed by the operator or conducted under his or her supervision; ( 2 ) His or her name and address; and ( 3 ) The class, serial number, and expiration date (if applicable) of the license when the FCC has issued the operator a license; or the PPC serial number(s) and date(s) of issue when the operator is awaiting FCC action on an application. ( c ) When the operator is on duty and in charge of transmitting systems, or performing service, maintenance or inspection functions, the license or permit document, or a photocopy thereof, or a copy of the application and PPC(s) received by the FCC, must be posted or in the operator's personal possession, and available for inspection upon request by a FCC representative. ( d ) The operator on duty and in charge of transmitting systems, or performing service, maintenance or inspection functions, shall not be subject to the requirements of paragraph (b) of this section at a station, or stations of one licensee at a single location, at which the operator is regularly employed and at which his or her license, or a photocopy, is posted. [ 58 FR 9124 , Feb. 19, 1993, as amended at 60 FR 27700 , May 25, 1995; 78 FR 23154 , Apr. 18, 2013] Examination System § 13.201 Qualifying for a commercial operator license or endorsement. ( a ) To be qualified to hold any commercial radio operator license, an applicant must have a satisfactory knowledge of FCC rules and must have the ability to send correctly and receive correctly spoken messages in the English language. ( b ) An applicant must pass an examination for the issuance of a new commercial radio operator license, other than the Restricted Radiotelephone Operator Permit and the Restricted Radiotelephone Operator Permit-Limited Use, and for each change in operator class. An applicant must pass an examination for the issuance of a new Ship Radar Endorsement. Each application for the class of license or endorsement specified below must pass, or otherwise receive credit for, the corresponding examination elements: ( 1 ) Radiotelegraph Operator License. ( i ) Telegraphy Elements 1 and 2; ( ii ) Written Elements 1 and 6. ( 2 ) General Radiotelephone Operator License: Written Elements 1 and 3. ( 3 ) Marine Radio Operator Permit: Written Element 1. ( 4 ) GMDSS Radio Operator's License: Written Elements 1 and 7, or a Proof of Passing Certificate (PPC) issued by the United States Coast Guard or its designee representing a certificate of competency from a Coast Guard-approved training course for a GMDSS endorsement. ( 5 ) Restricted GMDSS Radio Operator License: Written Elements 1 and 7R, or a Proof of Passing Certificate (PPC) issued by the United States Coast Guard or its designee representing a certificate of competency from a Coast Guard-approved training course for a GMDSS endorsement. ( 6 ) GMDSS Radio Maintainer's License: Written Elements 1, 3, and 9. ( 7 ) Ship Radar Endorsement: Written Element 8. [ 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] § 13.203 Examination elements. ( a ) A written examination (written Element) must prove that the examinee possesses the operational and technical qualifications to perform the duties required by a person holding that class of commercial radio operator license. For each Element, the Commission shall establish through public notices or other appropriate means the number of questions to be included in the question pool, the number of questions to be included in the examination, and the number of questions that must be answered correctly to pass the examination. Each written examination must consist of questions relating to the pertinent subject matter, as follows: ( 1 ) Element 1: Basic radio law and operating practice with which every maritime radio operator should be familiar. Questions concerning provisions of laws, treaties, regulations, and operating procedures and practices generally followed or required in communicating by means of radiotelephone stations. ( 2 ) Element 3: General radiotelephone. Questions concerning electronic fundamentals and techniques required to adjust, repair, and maintain radio transmitters and receivers at stations licensed by the FCC in the aviation and maritime radio services. ( 3 ) Element 6: Advanced radiotelegraph. Questions concerning technical, legal and other matters applicable to the operation of all classes of radiotelegraph stations, including operating procedures and practices in the maritime mobile services of public correspondence, and associated matters such as radio navigational aids, message traffic routing and accounting, etc. ( 4 ) Element 7: GMDSS radio operating practices. Questions concerning GMDSS radio operating procedures and practices sufficient to show detailed practical knowledge of the operation of all GMDSS sub-systems and equipment; ability to send and receive correctly by radiotelephone and narrow-band direct-printing telegraphy; detailed knowledge of the regulations applying to radio communications, knowledge of the documents relating to charges for radio communications and knowledge of those provisions of the International Convention for the Safety of Life at Sea which relate to radio; sufficient knowledge of English to be able to express oneself satisfactorily both orally and in writing; knowledge of and ability to perform each function listed in § 80.1081 of this chapter ; and knowledge covering the requirements set forth in IMO Assembly Resolution on Training for Radio Personnel (GMDSS), Annex 3. ( 5 ) Element 7R: Restricted GMDSS radio operating practices. Questions concerning those GMDSS radio operating procedures and practices that are applicable to ship stations on vessels that sail exclusively in sea area A1, as defined in § 80.1069 of this chapter , sufficient to show detailed practical knowledge of the operation of pertinent GMDSS sub-systems and equipment; ability to send and receive correctly by radio telephone and narrow-band direct-printing telegraphy; detailed knowledge of the regulations governing radio communications within sea area A1, knowledge of the pertinent documents relating to charges for radio communications and knowledge of the pertinent provisions of the International Convention for the Safety of Life at Sea; sufficient knowledge of English to be able to express oneself satisfactorily both orally and in writing; knowledge of and ability to perform each pertinent function listed in § 80.1081 of this chapter ; and knowledge covering the pertinent requirements set forth in IMO Assembly Resolution on Training for Radio Personnel (GMDSS), Annex 3. ( 6 ) Element 8: Ship radar techniques. Questions concerning specialized theory and practice applicable to the proper installation, servicing and maintenance of ship radar equipment in general use for marine navigational purposes. ( 7 ) Element 9: GMDSS radio maintenance practices and procedures. Questions concerning the requirements set forth in IMO Assembly on Training for Radio Personnel (GMDSS), Annex 5 and IMO Assembly on Radio Maintenance Guidelines for the Global Maritime Distress and Safety System related to Sea Areas A3 and A4. ( b ) A telegraphy examination (telegraphy Elements) must prove that the examinee has the ability to send correctly by hand and to receive correctly by ear texts in the international Morse code at not less than the prescribed speed, using all the letters of the alphabet, numerals 0-9, period, comma, question mark, slant mark, and prosigns AR, BT, and SK. ( 1 ) Telegraphy Element 1: 16 code groups per minute. ( 2 ) Telegraphy Element 2: 20 words per minute. [ 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] § 13.207 Preparing an examination. ( a ) Each telegraphy message and each written question set administered to an examinee for a commercial radio operator license must be provided by a COLEM. ( b ) Each question set administered to an examinee must utilize questions taken from the applicable Element question pool. The COLEM may obtain the written question sets from a supplier or other COLEM. ( c ) A telegraphy examination must consist of a plain language text or code group message sent in the international Morse code at no less than the prescribed speed for a minimum of five minutes. The message must contain each required telegraphy character at least once. No message known to the examinee may be administered in a telegraphy examination. Each five letters of the alphabet must be counted as one word or one code group. Each numeral, punctuation mark, and prosign must be counted as two letters of the alphabet. The COLEM may obtain the telegraphy message from a supplier or other COLEM. § 13.209 Examination procedures. ( a ) Each examination for a commercial radio operator license must be administered at a location and a time specified by the COLEM. The COLEM is responsible for the proper conduct and necessary supervision of each examination. The COLEM must immediately terminate the examination upon failure of the examinee to comply with its instructions. ( b ) Each examinee, when taking an examination for a commercial radio operator license, shall comply with the instructions of the COLEM. ( c ) No examination that has been compromised shall be administered to any examinee. Neither the same telegraphy message nor the same question set may be re-administered to the same examinee. ( d ) Passing a telegraphy examination. Passing a telegraphy receiving examination is adequate proof of an examinee's ability to both send and receive telegraphy. The COLEM, however, may also include a sending segment in a telegraphy examination. ( 1 ) To pass a receiving telegraphy examination, an examinee is required to receive correctly the message by ear, for a period of 1 minute without error at the rate of speed specified in § 13.203(b) . ( 2 ) To pass a sending telegraphy examination, an examinee is required to send correctly for a period of one minute at the rate of speed specified in § 13.203(b) . ( e ) The COLEM is responsible for determining the correctness of he examinee's answers. When the examinee does not score a passing grade on an examination element, the COLEM must inform the examinee of the grade. ( f ) No applicant who is eligible to apply for any commercial radio operator license shall, by reason of any physical disability, be denied the privilege of applying and being permitted to attempt to prove his or her qualifications (by examination if examination is required) for such commercial radio operator license in accordance with procedures established by the COLEM. ( g ) No applicant who is eligible to apply for any commercial radio operator license shall, by reason of any physical handicap, be denied the privilege of applying and being permitted to attempt to prove his or her qualifications (by examination if examination is required) for such commercial radio operator license in accordance with procedures established by the COLEM. ( h ) The COLEM must accommodate an examinee whose physical disabilities require a special examination procedure. The COLEM may require a physician's certification indicating the nature of the disability before determining which, if any, special procedures are appropriate to use. In the case of a blind examinee, the examination questions may be read aloud and the examinee may answer orally. A blind examinee wishing to use this procedure must make arrangements with the COLEM prior to the date the examination is desired. ( i ) The FCC may: ( 1 ) Administer any examination element itself. ( 2 ) Readminister any examination element previously administered by a COLEM, either itself or by designating another COLEM to readminister the examination element. ( 3 ) Cancel the commercial operator license(s) of any licensee who fails to appear for re-administration of an examination when directed by the FCC, or who fails any required element that is re-administered. In case of such cancellation, the person will be issued an operator license consistent with completed examination elements that have not been invalidated by not appearing for, or by failing, the examination upon re-administration. [ 58 FR 9124 , Feb. 19, 1993, as amended at 78 FR 23154 , Apr. 18, 2013] § 13.211 Commercial radio operator license examination. ( a ) Each session where an examination for a commercial radio operator license is administered must be managed by a COLEM or the FCC. ( b ) Each examination for a commercial radio operator license must be administered as determined by the COLEM. ( c ) The COLEM may limit the number of candidates at any examination. ( d ) The COLEM may prohibit from the examination area items the COLEM determines could compromise the integrity of an examination or distract examinees. ( e ) Within 3 business days of completion of the examination Element(s), the COLEM must provide the results of the examination to the examinee and the COLEM must issue a PPC to an examinee who scores a passing grade on an examination Element. ( f ) A PPC is valid for 365 days from the date it is issued. [ 58 FR 9124 , Feb. 19, 1993, as amended at 78 FR 23154 , Apr. 18, 2013] § 13.213 COLEM qualifications. No entity may serve as a COLEM unless it has entered into a written agreement with the FCC. In order to be eligible to be a COLEM, the entity must: ( a ) Agree to abide by the terms of the agreement; ( b ) Be capable of serving as a COLEM; ( c ) Agree to coordinate examinations for one or more types of commercial radio operator licenses and/or endorsements; ( d ) Agree to assure that, for any examination, every examinee eligible under these rules is registered without regard to race, sex, religion, national origin or membership (or lack thereof) in any organization; ( e ) Agree to make any examination records available to the FCC, upon request. ( f ) Agree not to administer an examination to an employee, relative, or relative of an employee. § 13.215 Question pools. The question pool for each written examination element will be composed of questions acceptable to the FCC. Each question pool must contain at least five (5) times the number of questions required for a single examination. The FCC will issue public announcements detailing the questions in the pool for each element. COLEMs must use only currently-authorized (through public notice or other appropriate means) question pools when preparing a question set for a written examination element. [ 73 FR 4479 , Jan. 25, 2008] § 13.217 Records. Each COLEM recovering fees from examinees must maintain records of expenses and revenues, frequency of examinations administered, and examination pass rates. Records must cover the period from January 1 to December 31 of the preceding year and must be submitted as directed by the Commission. Each COLEM must retain records for 3 years and the records must be made available to the FCC upon request. [ 78 FR 23154 , Apr. 18, 2013]"}}},{"rowIdx":50,"cells":{"file_name":{"kind":"string","value":"title-47_73.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 73—RADIO BROADCAST SERVICES Authority: 47 U.S.C. 154 , 155 , 301 , 303 , 307 , 309 , 310 , 334 , 336 , 339 . Subpart A—AM Broadcast Stations § 73.1 Scope. This subpart contains those rules which apply exclusively to the AM broadcast service and are in addition to those rules in Subpart H which are common to all AM, FM and TV broadcast services, commercial and noncommercial. [ 47 FR 8587 , Mar. 1, 1982] § 73.14 AM broadcast definitions. AM broadcast band. The band of frequencies extending from 535 to 1705 kHz. AM broadcast channel. The band of frequencies occupied by the carrier and the upper and lower sidebands of an AM broadcast signal with the carrier frequency at the center. Channels are designated by their assigned carrier frequencies. The 117 carrier frequencies assigned to AM broadcast stations begin at 540 kHz and progress in 10 kHz steps to 1700 kHz. (See § 73.21 for the classification of AM broadcast channels). AM broadcast station. A broadcast station licensed for the dissemination of radio communications intended to be received by the public and operated on a channel in the AM broadcast band. Amplitude modulated stage. The radio-frequency stage to which the modulator is coupled and in which the carrier wave is modulated in accordance with the system of amplitude modulation and the characteristics of the modulating wave. Amplitude modulator stage. The last amplifier stage of the modulating wave amplitude modulates a radio-frequency stage. Antenna current. The radio-frequency current in the antenna with no modulation. Antenna input power. The product of the square of the antenna current and the antenna resistance at the point where the current is measured. Antenna resistance. The total resistance of the transmitting antenna system at the operating frequency and at the point at which the antenna current is measured. Auxiliary facility. An auxiliary facility is an AM antenna tower(s) separate from the main facility's antenna tower(s), permanently installed at the same site or at a different location, from which an AM station may broadcast for short periods without prior Commission authorization or notice to the Commission while the main facility is not in operation (e.g., where tower work necessitates turning off the main antenna or where lightning has caused damage to the main antenna or transmission system) ( See § 73.1675 ). Blanketing. The interference which is caused by the presence of an AM broadcast signal of one volt per meter (V/m) or greater strengths in the area adjacent to the antenna of the transmitting station. The 1 V/m contour is referred to as the blanket contour and the area within this contour is referred to as the blanket area. Carrier-amplitude regulation (Carrier shift). The change in amplitude of the carrier wave in an amplitude-modulated transmitter when modulation is applied under conditions of symmetrical modulation. Combined audio harmonics. The arithmetical sum of the amplitudes of all the separate harmonic components. Root sum square harmonic readings may be accepted under conditions prescribed by the FCC. Critical hours. The two hour period immediately following local sunrise and the two hour period immediately preceding local sunset. Daytime. The period of time between local sunrise and local sunset. Effective field; Effective field strength. The root-mean-square (RMS) value of the inverse distance fields at a distance of 1 kilometer from the antenna in all directions in the horizontal plane. The term “field strength” is synonymous with the term “field intensity” as contained elsewhere in this Part. Equipment performance measurements. The measurements performed to determine the overall performance characteristics of a broadcast transmission system from point of program origination to sampling of signal as radiated. (See § 73.1590 ) Experimental period. the time between 12 midnight local time and local sunrise, used by AM stations for tests, maintenance and experimentation. Frequency departure. The amount of variation of a carrier frequency or center frequency from its assigned value. Incidental phase modulation. The peak phase deviation (in radians) resulting from the process of amplitude modulation. Input power. Means the product of the direct voltage applied to the last radio stage and the total direct current flowing to the last radio stage, measured without modulation. Intermittent service area. Means the area receiving service from the groundwave of a broadcast station but beyond the primary service area and subject to some interference and fading. Last radio stage. The radio-frequency power amplifier stage which supplies power to the antenna. Left (or right) signal. The electrical output of a microphone or combination of microphones placed so as to convey the intensity, time, and location of sounds originated predominately to the listener's left (or right) of the center of the performing area. Left (or right) stereophonic channel. The left (or right) signal as electrically reproduced in reception of AM stereophonic broadcasts. Main channel. The band of audio frequencies from 50 to 10,000 Hz which amplitude modulates the carrier. Maximum percentage of modulation. The greatest percentage of modulation that may be obtained by a transmitter without producing in its output, harmonics of the modulating frequency in excess of those permitted by these regulations. (See § 73.1570 ) Maximum rated carrier power. The maximum power at which the transmitter can be operated satisfactorily and is determined by the design of the transmitter and the type and number of vacuum tubes or other amplifier devices used in the last radio stage. Model I facility. A station operating in the 1605-1705 kHz band featuring fulltime operation with stereo, competitive technical quality, 10 kW daytime power, 1 kW nighttime power, non-directional antenna (or a simple directional antenna system), and separated by 400-800 km from other co-channel stations. Model II facility. A station operating in the 535-1605 kHz band featuring fulltime operation, competitive technical quality, wide area daytime coverage with nighttime coverage at least 15% of the daytime coverage. Modulation dependent carrier level (MDCL) control technologies. Transmitter control techniques that vary either the carrier power level or both the carrier and sideband power levels as a function of the modulation level. Nighttime. The period of time between local sunset and local sunrise. Nominal power. The antenna input power less any power loss through a dissipative network and, for directional antennas, without consideration of adjustments specified in paragraphs (b)(1) and (b)(2) of § 73.51 of the rules. However, for AM broadcast applications granted or filed before June 3, 1985, nominal power is specified in a system of classifications which include the following values: 50 kW, 25 kW, 10 kW, 5 kW, 2.5 kW, 1 kW, 0.5 kW, and 0.25 kW. The specified nominal power for any station in this group of stations will be retained until action is taken on or after June 3, 1985, which involves a change in the technical facilities of the station. Percentage modulation (amplitude) In a positive direction: M = MAX−C × 100 ————--—--— c In a negative direction: M = C−MIN × 100 ————-—--— c Where: M = Modulation level in percent. MAX = Instantaneous maximum level of the modulated radio frequency envelope. MIN = Instantaneous minimum level of the modulated radio frequency envelope. C = (Carrier) level of radio frequency envelope without modulation. Plate modulation. The modulation produced by introduction of the modulating wave into the plate circuit of any tube in which the carrier frequency wave is present. Primary service area. Means the service area of a broadcast station in which the groundwave is not subject to objectionable interference or objectionable fading. Proof of performance measurements or antenna proof of performance measurements. The measurements of field strengths made to determine the radiation pattern or characteristics of an AM directional antenna system. Secondary service area. Means the service area of a broadcast station served by the skywave and not subject to objectionable interference and in which the signal is subject to intermittent variations in strength. Stereophonic channel. The band of audio frequencies from 50 to 10,000 Hz containing the stereophonic information which modulates the radio frequency carrier. Stereophonic crosstalk. An undesired signal occurring in the main channel from modulation of the stereophonic channel or that occurring in the stereophonic channel from modulation of the main channel. Stereophonic pilot tone. An audio tone of fixed or variable frequency modulating the carrier during the transmission of stereophonic programs. Stereophonic separation. The ratio of the electrical signal caused in the right (or left) stereophonic channel to the electrical signal caused in the left (or right) stereophonic channel by the transmission of only a right (or left) signal. Sunrise and sunset. For each particular location and during any particular month, the time of sunrise and sunset as specified in the instrument of authorization (See § 73.1209 ). White area. The area or population which does not receive interference-free primary service from an authorized AM station or does not receive a signal strength of at least 1 mV/m from an authorized FM station. [ 47 FR 8587 , Mar. 1, 1982, as amended at 47 FR 13164 , Mar. 29, 1982; 47 FR 13812 , Apr. 1, 1982; 50 FR 18821 , May 2, 1985; 50 FR 47054 , Nov. 14, 1985; 56 FR 64856 , Dec. 12, 1991; 62 FR 51058 , Sept. 30, 1997; 66 FR 20755 , Apr. 25, 2001; 81 FR 2759 , Jan. 19, 2016; 82 FR 57882 , Dec. 8, 2017] § 73.21 Classes of AM broadcast channels and stations. ( a ) Clear channel. A clear channel is one on which stations are assigned to serve wide areas. These stations are protected from objectionable interference within their primary service areas and, depending on the class of station, their secondary service areas. Stations operating on these channels are classified as follows: ( 1 ) Class A station. A Class A station is an unlimited time station that operates on a clear channel and is designed to render primary and secondary service over an extended area and at relatively long distances from its transmitter. Its primary service area is protected from objectionable interference from other stations on the same and adjacent channels, and its secondary service area is protected from interference from other stations on the same channel. (See § 73.182 ). The operating power shall not be less than 10 kW nor more than 50 kW. (Also see § 73.25(a) ). ( 2 ) Class B station. Class B stations are authorized to operate with a minimum power of 0.25 kW (or, if less than 0.25 kW, an equivalent RMS antenna field of at least 107.5 mV/m at 1 kilometer) and a maximum power of 50 kW, or 10 kW for stations that are authorized to operate in the 1605-1705 kHz band. ( 3 ) Class D station. A Class D station operates either daytime, limited time or unlimited time with nighttime power less than 0.25 kW and an equivalent RMS antenna field of less than 107.5 mV/m at 1 kilometer. Class D stations shall operate with daytime powers not less than 0.25 kW nor more than 50 kW. Nighttime operations of Class D stations are not afforded protection and must protect all Class A and Class B operations during nighttime hours. New Class D stations that had not been previously licensed as Class B will not be authorized. ( b ) Regional Channel. A regional channel is one on which Class B and Class D stations may operate and serve primarily a principal center of population and the rural area contiguous thereto. Note: Until the North American Regional Broadcasting Agreement (NARBA) is terminated with respect to the Bahama Islands and the Dominican Republic, radiation toward those countries from a Class B station may not exceed the level that would be produced by an omnidirectional antenna with a transmitted power of 5 kW, or such lower level as will comply with NARBA requirements for protection of stations in the Bahama Islands and the Dominican Republic against objectionable interference. ( c ) Local channel. A local channel is one on which stations operate unlimited time and serve primarily a community and the suburban and rural areas immediately contiguous thereto. ( 1 ) Class C station. A Class C station is a station operating on a local channel and is designed to render service only over a primary service area that may be reduced as a consequence of interference in accordance with § 73.182 . The power shall not be less than 0.25 kW, nor more than 1 kW. Class C stations that are licensed to operate with 0.1 kW may continue to do so. [ 56 FR 64856 , Dec. 12, 1991, as amended at 81 FR 2759 , Jan. 19, 2016] § 73.23 AM broadcast station applications affected by international agreements. ( a ) Except as provided in paragraph (b) of this section, no application for an AM station will be accepted for filing if authorization of the facilities requested would be inconsistent with international commitments of the United States under treaties and other international agreements, arrangements and understandings. (See list of such international instruments in § 73.1650(b) ). Any such application that is inadvertently accepted for filing will be dismissed. ( b ) AM applications that involve conflicts only with the North American Regional Broadcasting Agreement (NARBA), but that are in conformity with the remaining treaties and other international agreements listed in § 73.1650(b) and with the other requirements of this part 73, will be granted subject to such modifications as the FCC may subsequently find appropriate, taking international considerations into account. ( c ) In the case of any application designated for hearing on issues other than those related to consistency with international relationships and as to which no final decision has been rendered, whenever action under this section becomes appropriate because of inconsistency with international relationships, the applicant involved shall, notwithstanding the provisions §§ 73.3522 and 73.3571 , be permitted to amend its application to achieve consistency with such relationships. In such cases the provisions of § 73.3605(c) will apply. ( d ) In some circumstances, special international considerations may require that the FCC, in acting on applications, follow procedures different from those established for general use. In such cases, affected applicants will be informed of the procedures to be followed. [ 56 FR 64856 , Dec. 12, 1991] § 73.24 Broadcast facilities; showing required. An authorization for a new AM broadcast station or increase in facilities of an existing station will be issued only after a satisfactory showing has been made in regard to the following, among others: ( a ) That the proposed assignment will tend to effect a fair, efficient, and equitable distribution of radio service among the several states and communities. ( b ) That a proposed new station (or a proposed change in the facilities of an authorized station) complies with the pertinent requirements of § 73.37 of this chapter . ( c ) That the applicant is financially qualified to construct and operate the proposed station. ( d ) That the applicant is legally qualified. That the applicant (or the person or persons in control of an applicant corporation or other organization) is of good character and possesses other qualifications sufficient to provide a satisfactory public service. ( e ) That the technical equipment proposed, the location of the transmitter, and other technical phases of operation comply with the regulations governing the same, and the requirements of good engineering practice. ( f ) That the facilities sought are subject to assignment as requested under existing international agreements and the rules and regulations of the Commission. ( g ) That the population within the 1 V/m contour does not exceed 1.0 percent of the population within the 25 mV/m contour: Provided, however, That where the number of persons within the 1 V/m contour is 300 or less the provisions of this paragraph are not applicable. ( h ) That, in the case of an application for a Class B or Class D station on a clear channel, the proposed station would radiate, during two hours following local sunrise and two hours preceding local sunset, in any direction toward the 0.1 mV/m groundwave contour of a co-channel United States Class A station, no more than the maximum value permitted under the provisions of § 73.187 . ( i ) That, for all proposals for new stations, applications to modify a construction permit for an unlicensed station, and all applications to change a station's community of license, the daytime 5 mV/m contour encompasses the entire principal community to be served. That, for all other applications for modification of licensed stations, the daytime 5 mV/m contour encompasses either 50 percent of the area, or 50 percent of the population, of the principal community to be served. That, for all proposals for new stations in the 535-1605 kHz band, applications to modify a construction permit for an unlicensed station, or applications to change a station's community of license, either 50 percent of the area, or 50 percent of the population of the principal community is encompassed by the nighttime 5 mV/m contour or the nighttime interference-free contour, whichever value is higher. That, for stations in the 1605-1705 kHz band, 50 percent of the principal community is encompassed by the nighttime 5 mV/m contour or the nighttime interference-free contour, whichever value is higher. That Class D stations with nighttime authorizations need not demonstrate such coverage during nighttime operation. ( j ) That the public interest, convenience, and necessity will be served through the operation under the proposed assignment. [ 28 FR 13574 , Dec. 14, 1963, as amended at 38 FR 5874 , Mar. 5, 1973; 49 FR 43960 , Nov. 1, 1984; 50 FR 40014 , Oct. 1, 1985; 52 FR 11654 , Apr. 10, 1987; 53 FR 1031 , Jan. 15, 1988; 56 FR 64857 , Dec. 12, 1991; 81 FR 2759 , Jan. 19, 2016] § 73.25 Clear channels; Class A, Class B and Class D stations. The frequencies in the following tabulations are designated as clear channels and assigned for use by the Classes of stations given: ( a ) On each of the following channels, one Class A station may be assigned, operating with power of 50 kW: 640, 650, 660, 670, 700, 720, 750, 760, 770, 780, 820, 830, 840, 870, 880, 890, 1020, 1030, 1040, 1100, 1120, 1160, 1180, 1200, and 1210 kHz. In Alaska, these frequencies can be used by Class A stations subject to the conditions set forth in § 73.182(a)(1)(ii) . On the channels listed in this paragraph, Class B and Class D stations may be assigned. ( b ) To each of the following channels there may be assigned Class A, Class B and Class D stations: 680, 710, 810, 850, 940, 1000, 1060, 1070, 1080, 1090, 1110, 1130, 1140, 1170, 1190, 1500, 1510, 1520, 1530, 1540, 1550, and 1560 kHz. Note: Until superseded by a new agreement, protection of the Bahama Islands shall be in accordance with NARBA. Accordingly, a Class A, Class B or Class D station on 1540 kHz shall restrict its signal to a value no greater than 5 µV/m groundwave or 25 µV/m-10% skywave at any point of land in the Bahama Islands, and such stations operating nighttime ( i.e. , sunset to sunrise at the location of the U.S. station) shall be located not less than 650 miles from the nearest point of land in the Bahama Islands. ( c ) Class A, Class B and Class D stations may be assigned on 540, 690, 730, 740, 800, 860, 900, 990, 1010, 1050, 1220, 1540, 1570, and 1580 kHz. [ 28 FR 13574 , Dec. 14, 1963, as amended at 33 FR 4410 , Mar. 12, 1968; 35 FR 18052 , Nov. 25, 1970; 47 FR 27862 , June 28, 1982; 49 FR 43960 , Nov. 1, 1984; 50 FR 24520 , June 11, 1985; 52 FR 47568 , Dec. 15, 1987; 53 FR 1031 , Jan. 15, 1988; 54 FR 39736 , Sept. 28, 1989; 56 FR 64857 , Dec. 12, 1991] § 73.26 Regional channels; Class B and Class D stations. ( a ) The following frequencies are designated as regional channels and are assigned for use by Class B and Class D stations: 550, 560, 570, 580, 590, 600, 610, 620, 630, 790, 910, 920, 930, 950, 960, 970, 980, 1150, 1250, 1260, 1270, 1280, 1290, 1300, 1310, 1320, 1330, 1350, 1360, 1370, 1380, 1390, 1410, 1420, 1430, 1440, 1460, 1470, 1480, 1590, 1600, 1610, 1620, 1630, 1640, 1650, 1660, 1670, 1680, 1690, and 1700 kHz. ( b ) Additionally, in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands the frequencies 1230, 1240, 1340, 1400, 1450, and 1490 kHz are designated as Regional channels, and are assigned for use by Class B stations. Stations formerly licensed to these channels in those locations as Class C stations are redesignated as Class B stations. [ 56 FR 64857 , Dec. 12, 1991] § 73.27 Local channels; Class C stations. Within the conterminous 48 states, the following frequencies are designated as local channels, and are assigned for use by Class C stations: 1230, 1240, 1340, 1400, 1450, and 1490 kHz. [ 56 FR 64857 , Dec. 12, 1991] § 73.28 Assignment of stations to channels. ( a ) The Commission will not make an AM station assignment that does not conform with international requirements and restrictions on spectrum use that the United States has accepted as a signatory to treaties, conventions, and other international agreements. See § 73.1650 for a list of pertinent treaties, conventions and agreements, and § 73.23 for procedural provisions relating to compliance with them. ( b ) Engineering standards now in force domestically differ in some respects from those specified for international purposes. The engineering standards specified for international purposes (see § 73.1650 , International Agreements) will be used to determine: ( 1 ) The extent to which interference might be caused by a proposed station in the United States to a station in another country; and ( 2 ) whether the United States should register an objection to any new or changed assignment notified by another country. The domestic standards in effect in the United States will be used to determine the extent to which interference exists or would exist from a foreign station where the value of such interference enters into a calculation of: ( i ) The service to be rendered by a proposed operation in the United States; or ( ii ) the permissible interfering signal from one station in the United States to another United States station. [ 28 FR 13574 , Dec. 14, 1963, as amended at 29 FR 9499 , July 11, 1964; 49 FR 32358 , Aug. 14, 1984; 50 FR 18821 , May 2, 1985; 54 FR 39736 , Sept. 28, 1989; 56 FR 64857 , Dec. 12, 1991] § 73.29 Class C stations on regional channels. No license will be granted for the operation of a Class C station on a regional channel. [ 56 FR 64857 , Dec. 12, 1991] § 73.30 Petition for authorization of an allotment in the 1605-1705 kHz band. ( a ) Any party interested in operating an AM broadcast station on one of the ten channels in the 1605-1705 kHz band must file a petition for the establishment of an allotment to its community of license. Each petition must include the following information: ( 1 ) Name of community for which allotment is sought; ( 2 ) Frequency and call letters of the petitioner's existing AM operation; and ( 3 ) Statement as to whether or not AM stereo operation is proposed for the operation in the 1605-1705 kHz band. ( b ) Petitions are to be filed during a filing period to be determined by the Commission. For each filing period, eligible stations will be allotted channels based on the following steps: ( 1 ) Stations are ranked in descending order according to the calculated improvement factor. ( 2 ) The station with the highest improvement factor is initially allotted the lowest available channel. ( 3 ) Successively, each station with the next lowest improvement factor, is allotted an available channel taking into account the possible frequency and location combinations and relationship to previously selected allotments. If a channel is not available for the subject station, previous allotments are examined with respect to an alternate channel, the use of which would make a channel available for the subject station. ( 4 ) When it has been determined that, in accordance with the above steps, no channel is available for the subject station, that station is no longer considered and the process continues to the station with the next lowest improvement factor. ( c ) If awarded an allotment, a petitioner will have sixty (60) days from the date of public notice of selection to file an application for construction permit on FCC Form 301. (See §§ 73.24 and 73.37(e) for filing requirements). Unless instructed by the Commission to do otherwise, the application shall specify Model I facilities. (See § 73.14 ). Upon grant of the application and subsequent construction of the authorized facility, the applicant must file a license application on FCC Form 302. Note 1: Until further notice by the Commission, the filing of these petitions is limited to licensees of existing AM stations (excluding Class C stations) operating in the 535-1605 kHz band. First priority will be assigned to Class D stations located within the primary service contours of U.S. Class A stations that are licensed to serve communities of 100,000 or more for which there exists no local fulltime aural service. Note 2: Selection among competing petitions will be based on interference reduction. Notwithstanding the exception contained in Note 5 of this section, within each operational category, the station demonstrating the highest value of improvement factor will be afforded the highest priority for an allotment, with the next priority assigned to the station with next lowest value, and so on, until available allotments are filled. Note 3: The Commission will periodically evaluate the progress of the movement of stations from the 535-1605 kHz band to the 1605-1705 kHz band to determine whether the 1605-1705 kHz band should continue to be administered on an allotment basis or modified to an assignment method. If appropriate, the Commission will later develop further procedures for use of the 1605-1705 kHz band by existing station licensees and others. Note 4: Other than the exception specified in note 1 of this section, existing fulltime stations are considered first for selection as described in note 2 of this section. In the event that an allotment availability exists for which no fulltime station has filed a relevant petition, such allotment may be awarded to a licensed Class D station. If more than one Class D station applies for this migration opportunity, the following priorities will be used in the selection process: First priority—a Class D station located within the 0.5 mV/m-50% contour of a U.S. Class A station and licensed to serve a community of 100,000 or more, for which there exists no local fulltime aural service; Second priority—Class D stations ranked in order of improvement factor, from highest to lowest, considering only those stations with improvement factors greater than zero. Note 5: The preference for AM stereo in the expanded band will be administered as follows: when an allotment under consideration (candidate allotment) conflicts with one or more previously selected allotments (established allotments) and cannot be accommodated in the expanded band, the candidate allotment will be substituted for the previously established allotment provided that: the petitioner for the candidate allotment has made a written commitment to the use of AM stereo and the petitioner for the established allotment has not; the difference between the ranking factors associated with the candidate and established allotments does not exceed 10% of the ranking factor of the candidate allotment; the substitution will not require the displacement of more than one established allotment; and both the candidate allotment and the established allotment are within the same priority group. [ 58 FR 27949 , May 12, 1993] § 73.31 Rounding of nominal power specified on applications. ( a ) An application filed with the FCC for a new station or for an increase in power of an existing station shall specify nominal power rounded to two significant figures as follows: Nominal power (kW) Rounded down to nearest figure (kW) Below 0.25 0.001 0.25 to 0.99 0.01 1 to 9.9 0.1 10 to 50 1 ( b ) In rounding the nominal power in accordance with paragraph (a) of this section the RMS shall be adjusted accordingly. If rounding upward to the nearest figure would result in objectionable interference, the nominal power specified on the application is to be rounded downward to the next nearest figure and the RMS adjusted accordingly. [ 50 FR 18821 , May 2, 1985, as amended at 53 FR 1031 , Jan. 15, 1988] § 73.33 Antenna systems; showing required. ( a ) An application for authority to install a broadcast antenna shall specify a definite site and include full details of the antenna design and expected performance. ( b ) All data necessary to show compliance with the terms and conditions of the construction permit must be filed with the license application. If the station is using a directional antenna, a proof of performance must also be filed. [ 28 FR 13574 , Dec. 14, 1963, as amended at 37 FR 25840 , Dec. 5, 1972] § 73.35 Calculation of improvement factors. A petition for an allotment (See § 73.30 ) in the 1605-1705 kHz band filed by an existing fulltime AM station licensed in the 535-1605 kHz band will be ranked according to the station's calculated improvement factor. (See § 73.30 ). Improvement factors relate to both nighttime and daytime interference conditions and are based on two distinct considerations: (a) Service area lost by other stations due to interference caused by the subject station, and (b) service area of the subject station. These considerations are represented by a ratio. The ratio consists, where applicable, of two separate additive components, one for nighttime and one for daytime. For the nighttime component, to determine the numerator of the ratio (first consideration), calculate the RSS and associated service area of the stations (co- and adjacent channel) to which the subject station causes nighttime interference. Next, repeat the RSS and service area calculations excluding the subject station. The cumulative gain in the above service area is the numerator of the ratio. The denominator (second consideration) is the subject station's interference-free service area. For the daytime component, the composite amount of service lost by co-channel and adjacent channel stations, each taken individually, that are affected by the subject station, excluding the effects of other assignments during each study, will be used as the numerator of the daytime improvement factor. The denominator will consist of the actual daytime service area (0.5 mV/m contour) less any area lost to interference from other assignments. The value of this combined ratio will constitute the petitioner's improvement factor. Notwithstanding the requirements of § 73.153 , for uniform comparisons and simplicity, measurement data will not be used for determining improvement factors and FCC figure M-3 ground conductivity values are to be used exclusively in accordance with the pertinent provisions of § 73.183(c)(1) . [ 56 FR 64858 , Dec. 12, 1991] § 73.37 Applications for broadcast facilities, showing required. ( a ) No application will be accepted for a new station if the proposed operation would involve overlap of signal strength contours with any other station as set forth below in this paragraph; and no application will be accepted for a change of the facilities of an existing station if the proposed change would involve such overlap where there is not already such overlap between the stations involved: Frequency separation (kHz) Contour of proposed station (classes B, C and D) (mV/m) Contour of any other station (mV/m) 0 0.005 0.025 0.500 0.100 (Class A). 0.500(Other classes). 0.025 (All classes). 10 0.250 0.500 0.500(All classes). 0.250 (All classes). 20 5 5 5 (All classes). 5 (All classes). 30 25 25 (All classes). ( b ) In determining overlap received, an application for a new Class C station with daytime power of 250 watts, or greater, shall be considered on the assumption that both the proposed operation and all existing Class C stations operate with 250 watts and utilize non-directional antennas. ( c ) If otherwise consistent with the public interest, an application requesting an increase in the daytime power of an existing Class C station on a local channel from 250 watts to a maximum of 1kW, or from 100 watts to a maximum of 500 watts, may be granted notwithstanding overlap prohibited by paragraph (a) of this section. In the case of a 100 watt Class C station increasing daytime power, the provisions of this paragraph shall not be construed to permit an increase in power to more than 500 watts, if prohibited overlap would be involved, even if successive applications should be tendered. ( d ) In addition to demonstrating compliance with paragraphs (a), and, as appropriate, (b), and (c) of this section, an application for a new AM broadcast station, or for a major change (see § 73.3571(a)(1) ) in an authorized AM broadcast station, as a condition for its acceptance, shall make a satisfactory showing, if new or modified nighttime operation by a Class B station is proposed, that objectionable interference will not result to an authorized station, as determined pursuant to § 73.182(1) . ( e ) An application for an authorization in the 1605-1705 kHz band which has been selected through the petition process (See § 73.30 ) is not required to demonstrate compliance with paragraph (a) , (b) , (c) , or (d) of this section. Instead, the applicant need only comply with the terms of the allotment authorization issued by the Commission in response to the earlier petition for establishment of a station in the 1605-1705 kHz band. Within the allotment authorization, the Commission will specify the assigned frequency and the applicable technical requirements. ( f ) Stations on 1580, 1590 and 1600 kHz. In addition to the rules governing the authorization of facilities in the 535-1605 kHz band, stations on these frequencies seeking facilities modifications must protect assignments in the 1610-1700 kHz band. Such protection shall be afforded in a manner which considers the spacings that occur or exist between the subject station and a station within the range 1605-1700 kHz. The spacings are the same as those specified for stations in the frequency band 1610-1700 kHz or the current separation distance, whichever is greater. Modifications that would result in a spacing or spacings that fails to meet any of the separations must include a showing that appropriate adjustment has been made to the radiated signal which effectively results in a site-to-site radiation that is equivalent to the radiation of a station with standard Model I facilities (10 kW-D, 1 kW-N, non-DA, 90 degree antenna ht. & ground system) operating in compliance with all of the above separation distances. In those cases where that radiation equivalence value is already exceeded, a station may continue to maintain, but not increase beyond that level. Note 1: In the case of applications for changes in the facilities of AM broadcast stations covered by this section, an application will be accepted even though overlap of field strength contours as mentioned in this section would occur with another station in an area where such overlap does not already exist, if: (1) The total area of overlap with that station would not be increased; (2) There would be no net increase in the area of overlap with any other station; and (3) There would be created no area of overlap with any station with which overlap does not now exist. Note 2: The provisions of this section concerning prohibited overlap of field strength contours will not apply where: (1) The area of overlap lies entirely over sea water: or (2) The only overlap involved would be that caused to a foreign station, in which case the provisions of the applicable international agreement, as identified in § 73.1650 , will apply. When overlap would be received from a foreign station, the provisions of this section will apply, except where there would be overlap with a foreign station with a frequency separation of 20 kHz, in which case the provisions of the international agreement will apply in lieu of this section. Note 3: In determining the number of “authorized” aural transmission facilities in a given community, applications for that community in hearing or otherwise having protected status under specified “cut-off” procedures shall be considered as existing stations. In the event that there are two or more mutually exclusive protected applications seeking authorization for the proposed community it will be assumed that only one is “authorized.” Note 4: A “transmission facility” for a community is a station licensed to the community. Such a station provides a “transmission service” for that community. [ 56 FR 64858 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992] § 73.44 AM transmission system emission limitations. ( a ) The emissions of stations in the AM service shall be attenuated in accordance with the requirements specified in paragraph (b) of this section. Emissions shall be measured using a properly operated and suitable swept-frequency RF spectrum analyzer using a peak hold duration of 10 minutes, no video filtering, and a 300 Hz resolution bandwidth, except that a wider resolution bandwidth may be employed above 11.5 kHz to detect transient emissions. Alternatively, other specialized receivers or monitors with appropriate characteristics may be used to determine compliance with the provisions of this section, provided that any disputes over measurement accuracy are resolved in favor of measurements obtained by using a calibrated spectrum analyzer adjusted as set forth above. ( b ) Emissions 10.2 kHz to 20 kHz removed from the carrier must be attenuated at least 25 dB below the unmodulated carrier level, emissions 20 kHz to 30 kHz removed from the carrier must be attenuated at least 35 dB below the unmodulated carrier level, emissions 30 kHz to 60 kHz removed from the carrier must be attenuated at least [5 + 1 dB/kHz] below the unmodulated carrier level, and emissions between 60 kHz and 75 kHz of the carrier frequency must be attenuated at least 65 dB below the unmodulated carrier level. Emissions removed by more than 75 kHz must be attenuated at least 43 + 10 Log (Power in watts) or 80 dB below the unmodulated carrier level, whichever is the lesser attenuation, except for transmitters having power less than 158 watts, where the attenuation must be at least 65 dB below carrier level. ( c ) Should harmful interference be caused to the reception of other broadcast or non-broadcast stations by out of band emissions, the licensee may be directed to achieve a greater degree of attentuation than specified in paragraphs (a) and (b) of this section. ( d ) Measurements to determine compliance with this section for transmitter type acceptance are to be made using signals sampled at the output terminals of the transmitter when operating into an artificial antenna of substantially zero reactance. Measurements made of the emissions of an operating station are to be made at ground level approximately 1 kilometer from the center of the antenna system. When a directional antenna is used, the carrier frequency reference field strength to be used in order of preference shall be: ( 1 ) The measure non-directional field strength. ( 2 ) The RMS field strength determined from the measured directional radiation pattern. ( 3 ) The calculated expected field strength that would be radiated by a non-directional antenna at the station authorized power. ( e ) Licensees of stations complying with the ANSI/EIA-549-1988, NRSC-1 AM Preemphasis/Deemphasis and Broadcast Transmission Bandwidth Specifications (NRSC-1), prior to June 30, 1990 or from the original commencement of operation will, until June 30, 1994, be considered to comply with paragraphs (a) and (b) of this section, absent any reason for the Commission to believe otherwise. Such stations are waived from having to make the periodic measurements required in § 73.1590(a)(6) until June 30, 1994. However, licensees must make measurements to determine compliance with paragraphs (a) and (b) of this section upon receipt of an Official Notice of Violation or a Notice of Apparent Liability alleging noncompliance with those provisions, or upon specific request by the Commission. [ 47 FR 8588 , Mar. 1, 1982, as amended at 49 FR 3999 , Feb. 1, 1984] § 73.45 AM antenna systems. ( a ) All applicants for new, additional, or different AM station facilities and all licensees requesting authority to change the transmitting system site of an existing station must specify an antenna system, the efficiency of which complies with the requirements for the class and power of station. (See §§ 73.186 and 73.189 .) ( 1 ) An application for authority to install an AM broadcast antenna must specify a definite site and include full details of the antenna system design and expected performance. ( 2 ) All data necessary to show compliance with the terms and conditions of the construction permit must be filed with the application for the station license to cover the construction. If the station has constructed a directional antenna, a directional proof of performance must be filed. See §§ 73.150 through 73.157 . ( b ) The simultaneous use of a common antenna or antenna structure by more than one AM station or by a station of any other type or service may be authorized provided: ( 1 ) Engineering data are submitted showing that satisfactory operation of each station will be obtained without adversely affecting the operation of the other station(s). ( 2 ) The minimum field strength for each AM station complies with § 73.189(b) . ( c ) Should any changes be made or otherwise occur which would possibly alter the resistance of the antenna system, the licensee must commence the determination of the operating power by a method described in § 73.51(a)(1) or ( d ) . (If the changes are due to the addition of antennas to the AM tower, see § 1.30003 .) Upon completion of any necessary repairs or adjustments, or upon completion of authorized construction or modifications, the licensee must make a new determination of the antenna resistance using the procedures described in § 73.54 . Operating power should then be determined by a direct method as described in § 73.51 . Notification of the value of resistance of the antenna system must be filed with the FCC in Washington, DC as follows: ( 1 ) Whenever the measurements show that the antenna or common point resistance differs from that shown on the station authorization by more than 2%, FCC Form 302 must be filed with the information and measurement data specified in § 73.54(d) . ( 2 ) Whenever AM stations use direct reading power meters pursuant to § 73.51 , a letter notification to the FCC in Washington, DC, Attention: Audio Division, Media Bureau, must be filed in accordance with § 73.54(e) . [ 43 FR 53735 , Nov. 17, 1978, as amended at 45 FR 28141 , Apr. 28, 1980; 47 FR 8589 , Mar. 1, 1982; 50 FR 32416 , Aug. 12, 1985; 51 FR 2707 ; Jan. 21, 1986; 51 FR 26250 , July 22, 1986; 63 FR 33875 , June 22, 1998; 67 FR 13231 , Mar. 21, 2002; 78 FR 66298 , Nov. 5, 2013] § 73.49 AM transmission system fencing requirements. Antenna towers having radio frequency potential at the base (series fed, folded unipole, and insulated base antennas) must be enclosed within effective locked fences or other enclosures. Ready access must be provided to each antenna tower base for meter reading and maintenance purposes at all times. However, individual tower fences need not be installed if the towers are contained within a protective property fence. [ 51 FR 2707 , Jan. 21, 1986] § 73.51 Determining operating power. ( a ) Except in those circumstances described in paragraph (d) of this section, the operating power shall be determined by the direct method. The direct method consists of either: ( 1 ) using a suitable instrument for determining the antenna's input power directly from the RF voltage, RF current, and phase angle; or ( 2 ) calculating the product of the licensed antenna or common point resistance at the operating frequency (see § 73.54 ), and the square of the indicated unmodulated antenna current at that frequency, measured at the point where the resistance has been determined. ( b ) The authorized antenna input power for each station shall be equal to the nominal power for such station, with the following exceptions: ( 1 ) For stations with nominal powers of 5 kW, or less, the authorized antenna input power to directional antennas shall exceed the nominal power by 8 percent. ( 2 ) For stations with nominal powers in excess of 5 kW, the authorized antenna input power to directional antennas shall exceed the nominal power by 5.3 percent. ( 3 ) In specific cases, it may be necessary to limit the radiated field to a level below that which would result if normal power were delivered to the antenna. In such cases, excess power may be dissipated in the antenna feed circuit, the transmitter may be operated with power output at a level which is less than the rated carrier power, or a combination of the two methods may be used, subject to the conditions given in paragraph (c) of this section. ( i ) Where a dissipative network is employed, the authorized antenna current and resistance, and the authorized antenna input power shall be determined at the input terminals of the dissipative network. ( ii ) Where the authorized antenna input power is less than the nominal power, subject to the conditions set forth in paragraph (c) of this section, the transmitter may be operated at the reduced power level necessary to supply the authorized antenna input power. ( c ) Applications for authority to operate with antenna input power which is less than nominal power and/or to employ a dissipative network in the antenna system shall be made on FCC Form 302. The technical information supplied on section II-A of this form shall be that applying to the proposed conditions of operation. In addition, the following information shall be furnished, as pertinent: ( 1 ) Full details of any network employed for the purpose of dissipating radio frequency energy otherwise delivered to the antenna (see § 73.54 ). ( 2 ) A showing that the transmitter has been type accepted or notified for operation at the proposed power output level, or, in lieu thereof: ( i ) A full description of the means by which transmitter output power will be reduced. ( ii ) Where the proposed transmitter power output level(s) is less than 90% of the rated power of the transmitter, equipment performance measurements must be made to confirm that the station transmissions conform to the emission limitation specified in § 73.44 , under all conditions of program operation. ( iii ) A showing that, at the proposed power output level, means are provided for varying the transmitter output within a tolerance of ±10 percent, to compensate for variations in line voltage or other factors which may affect the power output level. ( d ) When it is not possible or appropriate to use the direct method of power determination due to technical reasons, the indirect method of determining operating power (see paragraphs (e) and (f) of this section) may be used on a temporary basis. A notation must be made in the station log indicating the dates of commencement and termination of measurement using the indirect method of power determination. ( e ) The antenna input power is determined indirectly by applying an appropriate factor to the input power to the last radio-frequency power amplifier stage of the transmitter, using the following formula: Where: Antenna input power = Ep × Ip × F Ep = DC input voltage of final radio stage. Ip = Total DC input current of final radio stage. F= Efficiency factor. ( 1 ) If the above formula is not appropriate for the design of the transmitter final amplifier, use a formula specified by the transmitter manufacturer with other appropriate operating parameters. ( 2 ) The value of F applicable to each mode of operation must be determined and a record kept thereof with a notation as to its derivation. This factor is to be established by one of the methods described in paragraph (f) of this section and retained in the station records. ( f ) The value of F is to be determined by one of the following procedures listed in order of preference: ( 1 ) If the station had previously been authorized and operating by determining the antenna input power by the direct method, the factor F is the ratio of the antenna input power (determined by the direct method) to the corresponding final radio frequency power amplifier input power. ( 2 ) If a station has not been previously in regular operation with the power authorized for the period of indirect power determination, if a new transmitter has been installed, or if, for any other reason, the determination of the factor F by the method described in paragraph (f)(1) of this section is impracticable: ( i ) The factor F as shown in the transmitter manufacturer's test report, if such a test report specifies a unique value of F for the power level and frequently used; or ( ii ) The value determined by reference to the following table: Factor(F) Method of modulation Maximum rated carrier power Class of amplifier 0.70 Plate 1 kW or less .80 Plate 2.5 kW and over .35 Low level 0.25 kW and over B .65 Low level 0.25 kW and over BC 1 .35 Grid 0.25 kW and over 1 All linear amplifier operation where efficiency approaches that of class C operation. [ 37 FR 7516 , Apr. 15, 1972, as amended at 42 FR 36827 , July 18, 1977; 42 FR 61863 , Dec. 7, 1977; 44 FR 36036 , June 20, 1979; 47 FR 28387 , June 30, 1982; 48 FR 38477 , Aug. 24, 1983; 48 FR 44805 , Sept. 30, 1983; 49 FR 3999 , Feb. 1, 1984; 49 FR 4210 , Feb. 3, 1984; 49 FR 49850 , Dec. 24, 1984; 50 FR 24521 , June 11, 1985; 52 FR 10570 , Apr. 2, 1987; 83 FR 48963 , Sept. 28, 2018] § 73.53 Requirements for authorization of antenna monitors. ( a ) Antenna monitors shall be approved with Supplier's Declaration of Conformity that demonstrates compliance with the technical requirements in this section. The procedure for Supplier's Declaration of Conformity is specified in subpart J of part 2 of this chapter . Note 1 to paragraph ( a ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Antenna monitors previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( b ) An antenna monitor shall meet the following specifications: ( 1 ) The monitor shall be designed to operate in the 535-1705 kHz band. ( 2 ) The monitor shall be capable of indicating any phase difference between two RF voltages of the same frequency over a range of from 0 to 360°. ( 3 ) The monitor shall be capable of indicating the relative amplitude of two RF voltages. ( 4 ) The device used to indicate phase differences shall indicate in degrees, and shall be graduated in increments of 2°, or less. If a digital indicator is provided, the smallest increment shall be 0.5°, or less. ( 5 ) The device used to indicate relative amplitudes shall be graduated in increments which are 1 percent, or less, of the full scale value. If a digital indicator is provided, the smallest increment shall be 0.1 percent, or less, of the full scale value. ( 6 ) The monitor shall be equipped with means, if necessary, to resolve ambiguities in indication. ( 7 ) If the monitor is provided with more than one RF input terminal in addition to a reference input terminal, appropriate switching shall be provided in the monitor so that the signal at each of these RF inputs may be selected separately for comparison with the reference input signal. ( 8 ) Each RF input of the monitor shall provide a termination of such characteristics that, when connected to a sampling line of an impedance specified by the manufacturer the voltage reflection coefficient shall be 3 percent or less. ( 9 ) The monitor, if intended for use by stations operating directional antenna systems by remote control, shall be designed so that the switching functions required by paragraph (b)(7) of this section may be performed from a point external to the monitor, and phase and amplitude indications be provided by external meters. The indications of external meters furnished by the manufacturer shall meet the specifications for accuracy and repeatability of the monitor itself, and the connection of these meters to the monitor, or of other indicating instruments with electrical characteristics meeting the specifications of the monitor manufacturer shall not affect adversely the performance of the monitor in any respect. ( 10 ) Complete and correct schematic diagrams and operating instructions shall be retained by the party responsible for Supplier's Declaration of Conformity of the equipment and submitted to the FCC upon request. For the purpose of equipment authorization, these diagrams and instructions shall be considered as part of the monitor. ( 11 ) When an RF signal of an amplitude within a range specified by the manufacturer is applied to the reference RF input terminal of the monitor, and another RF signal of the same frequency and of equal or lower amplitude is applied to any other selected RF input terminal, indications shall be provided meeting the following specifications. ( i ) The accuracy with which any difference in the phases of the applied signals is indicated shall be ±1°, or better, for signal amplitude ratios of from 2:1 to 1:1, and ±2°, or better, for signal amplitude ratios in excess of 2:1 and up to 5:1. ( ii ) The repeatability of indication of any difference in the phases of the applied signals shall be ±1°, or better. ( iii ) The accuracy with which the relative amplitudes of the applied signals is indicated, over a range in which the ratio of these amplitudes is between 2:1 and 1:1, shall be ±2 percent of the amplitude ratio, or better, and for amplitude ratios in excess of 2:1 and up to 5:1, ±5 percent of the ratio, or better. ( iv ) The repeatability of indication of the relative amplitudes of the applied signals, over a range where the ratio of these amplitudes is between 5:1 and 1:1, shall be ±2 percent of the amplitude ratio, or better. ( v ) The modulation of the RF signals by a sinusoidal wave of any frequency between 100 and 10,000 Hz, at any amplitude up to 90 percent shall cause no deviation in an indicated phase difference from its value, as determined without modulation, greater than ±0.5°. ( 12 ) The performance specifications set forth in paragraph (b)(11) of this section, shall be met when the monitor is operated and tested under the following conditions. ( i ) After continuous operation for 1 hour, the monitor shall be calibrated and adjusted in accordance with the manufacturer's instructions. ( ii ) The monitor shall be subjected to variations in ambient temperature between the limits of 10 and 40 °C; external meters furnished by the manufacturer will be subjected to variations between 15 and 30 °C. ( iii ) Powerline supply voltage shall be varied over a range of from 10 percent below to 10 percent above the rated supply voltage. ( iv ) The amplitude of the reference signal shall be varied over the operating range specified by the manufacturer, and in any case over a range of maximum to minimum values of 3 to 1. ( v ) The amplitude of the comparison signal shall be varied from a value which is 0.2 of the amplitude of the reference signal to a value which is equal in amplitude to the reference signal. ( vi ) Accuracy shall be determined for the most adverse combination of conditions set forth above. ( vii ) Repeatability shall be determined as that which may be achieved under the specified test conditions over a period of 7 days, during which no calibration or adjustment of the instrument, subsequent to the initial calibration, shall be made. ( viii ) The effects of modulation of the RF signal shall be separately determined, and shall not be included in establishing values for accuracy and repeatability. Note 1 to paragraph ( b ): In paragraph (b)(1) of this section, the requirement that monitors be capable of operation in the 535-1705 kHz band shall apply only to equipment manufactured after July 1, 1992. Use of a monitor in the 1605-1705 kHz band which is not approved for such operation will be permitted pending the general availability of 535-1705 kHz band monitors if a manufacturer can demonstrate, in the interim, that its monitor performs in accordance with the standards in this section on these 10 channels. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 38 FR 1917 , Jan. 19, 1973, as amended at 49 FR 3999 , Feb. 1, 1984; 49 FR 29069 , July 18, 1984; 50 FR 32416 , Aug. 12, 1985; 50 FR 47054 , Nov. 14, 1985; 51 FR 2707 , Jan. 21, 1986; 56 FR 64859 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992; 60 FR 55480 , Nov. 1, 1995; 63 FR 36604 , July 7, 1998; 66 FR 20755 , Apr. 25, 2001; 82 FR 50835 , Nov. 2, 2017] § 73.54 Antenna resistance and reactance measurements. ( a ) The resistance of an omnidirectional series fed antenna is measured at either the base of the antenna without intervening coupling or tuning networks, or at the point the transmission line connects to the output terminals of the transmitter. The resistance of a shunt excited antenna may be measured at the point the radio frequency energy is transferred to the feed wire circuit or at the output terminals of the transmitter. ( b ) The resistance and reactance of a directional antenna shall be measured at the point of common radiofrequency input to the directional antenna system after the antenna has been finally adjusted for the required radiation pattern. ( c ) A letter of notification must be filed with the FCC in Washington, DC, Attention: Audio Division, Media Bureau, when determining power by the direct method pursuant to § 73.51 . The letter must specify the antenna or common point resistance at the operating frequency. The following information must also be kept on file at the station: ( 1 ) A full description of the method used to make measurements. ( 2 ) A schematic diagram showing clearly all components of coupling circuits, the point of resistance measurement, the location of the antenna ammeter, connections to and characteristics of all tower lighting isolation circuits, static drains, and any other fixtures connected to and supported by the antenna, including other antennas and associated networks. Any network or circuit component used to dissipate radio frequency power shall be specifically identified, and the impedances of all components which control the level of power dissipation, and the effective input resistance of the network must be indicated. ( d ) AM stations using direct reading power meters in accordance with § 73.51 , can either submit the information required by paragraph (c) of this section or submit a statement indicating that such a meter is being used. Subsequent station licenses will indicate the use of a direct reading power meter in lieu of the antenna resistance value in such a situation. [ 66 FR 20755 , Apr. 25, 2001,as amended at 67 FR 13231 , Mar. 21, 2002] § 73.57 Remote reading antenna and common point ammeters. Remote reading antenna and common point ammeters may be used without further authority according to the following conditions: ( a ) Remote reading antenna or common point ammeters may be provided by: ( 1 ) Inserting second radio frequency current sensing device directly in the antenna circuit with remote leads to the indicating instruments. ( 2 ) Inductive coupling to radio frequency current sensing device for providing direct current to indicating instrument. ( 3 ) Capacity coupling to radio frequency current sensing device for providing direct current to indicating instrument. ( 4 ) Current transformer connected to radio frequency current sensing device for providing direct current to indicating instrument. ( 5 ) Using transmission line current meter at transmitter as remote reading ammeter. See paragraph (c) of this section. ( 6 ) Using the indications of the antenna (phase) monitor, provided that when the monitor is used to obtain remote reading indication of non-directional antenna base current, the monitor calibration can be independently made and maintained for each mode of operation. ( b ) Devices used for obtaining remote reading antenna or common point current indications, except antenna monitor coupling elements, shall be located at the same point as, but below (transmitter side) the associated main ammeter. ( c ) In the case of shunt-excited antennas, the transmission line current meter at the transmitter may be considered as the remote antenna ammeter provided the transmission line is terminated directly into the excitation circuit feed line, which shall employ series tuning only (no shunt circuits of any type shall be employed) and insofar as practicable, the type and scale of the transmission line meter should be the same as those of the excitation circuit feed line meter (meter in slant wire feed line or equivalent). ( d ) Each remote reading ammeter shall be accurate to within 2 percent of the value read on its corresponding regular ammeter. ( e ) All remote reading ammeters shall conform with the specifications for regular antenna ammeters. ( f ) Meters with arbitrary scale divisions may be used provided that calibration charts or curves are provided at the transmitter control point showing the relationship between the arbitrary scales and the reading of the main meters. ( g ) If a malfunction affects the remote reading indicators of the antenna or common point ammeter, the operating power may be determined by a method using alternative procedures as described in § 73.51 . [ 41 FR 36817 , Sept. 1, 1976, as amended at 48 FR 38477 , Aug. 24, 1983; 49 FR 49850 , Dec. 24, 1984; 50 FR 32416 , Aug. 12, 1985; 60 FR 55480 , Nov. 1, 1995] § 73.58 Indicating instruments. ( a ) Each AM broadcast station must be equipped with indicating instruments which conform with the specifications described in § 73.1215 for determining power by the direct and indirect methods, and with such other instruments as are necessary for the proper adjustment, operation, and maintenance of the transmitting system. However, auxiliary transmitters with a nominal power rating of 100 watts or less are not required to be equipped with instruments to determine power by the indirect method provided that the licensee can determine the antenna input power at all times. ( b ) Since it is usually impractical to measure the actual antenna current of a shunt excited antenna system, the current measured at the input of the excitation circuit feed line is accepted as the antenna current. ( c ) The function of each instrument shall be clearly and permanently shown on the instrument itself or on the panel immediately adjacent thereto. ( d ) In the event that any one of these indicating instruments becomes defective when no substitute which conforms with the required specifications is available, the station may be operated without the defective instrument pending its repair or replacement for a period not in excess of 60 days without further authority of the Commission. If the defective instrument is the antenna current meter of a nondirectional station which does not employ a remote antenna ammeter, or if the defective instrument is the common point meter of a station which employs a directional antenna and does not employ a remote common point meter, the operating power shall be determined by a method described in § 73.51(a)(1) or § 73.51(d) during the entire time the station is operated without the antenna current meter or common point meter. However, if a remote meter is employed and the antenna current ammeter or common point meter becomes defective, the remote meter can be used to determine operating power pending the return to service of the regular meter. ( e ) If conditions beyond the control of the licensee prevent the restoration of the meter to service within the above allowed period, information requested in accordance with § 73.3549 may be filed by letter with the FCC in Washington, DC, Attention: Audio Division, Media Bureau, to request additional time as may be required to complete repairs of the defective instrument. [ 41 FR 36817 , Sept. 1, 1976, as amended at 48 FR 38477 , Aug. 24, 1983; 49 FR 49850 , Dec. 24, 1984; 50 FR 32416 , Aug. 12, 1985; 51 FR 2707 , Jan. 21, 1986; 53 FR 2498 , Jan. 28, 1988; 63 FR 33876 , June 22, 1998; 66 FR 20755 , Apr. 25, 2001; 67 FR 13231 , Mar. 21, 2002] § 73.61 AM directional antenna field strength measurements. ( a ) Each AM station using a directional antenna with monitoring point locations specified in the instrument of authorization must make field strength measurements as often as necessary to ensure that the field at each of those points does not exceed the value specified in the station authorization. Additionally, stations not having an approved sampling system must make the measurements once each calendar quarter at intervals not exceeding 120 days. The provision of this paragraph supersedes any schedule specified on a station license issued prior to January 1, 1986. The results of the measurements are to be entered into the station log pursuant to the provisions of § 73.1820 . ( b ) If the AM license was granted on the basis of field strength measurements performed pursuant to § 73.151(a) , partial proof of performance measurements using the procedures described in § 73.154 must be made whenever the licensee has reason to believe that the radiated field may be exceeding the limits for which the station was most recently authorized to operate. ( c ) A station may be directed to make a partial proof of performance by the FCC whenever there is an indication that the antenna is not operating as authorized. [ 50 FR 47054 , Nov. 14, 1985, as amended at 73 FR 64560 , Oct. 30, 2008] § 73.62 Directional antenna system operation and tolerances. ( a ) Each AM station operating a directional antenna must maintain the relative amplitudes of the antenna currents, as indicated by the antenna monitor, within 5% of the values specified on the instrument of authorization. Directional antenna relative phases must be maintained within 3 degrees of the values specified on the instrument of authorization. ( b ) In the event of a failure of system components, improper pattern switching or any other event that results in operation substantially at variance from the radiation pattern specified in the instrument of authorization for the pertinent time of day, operation must be terminated within three minutes unless power can be reduced sufficiently to eliminate any excessive radiation. See § 73.1350(e) . ( 1 ) Any variation of operating parameters by more than ±15 percent sample current ratio or ±10 degrees in phase, any monitor point that exceeds 125 percent of the licensed limit, or any operation at variance that results in complaints of interference shall be considered operation substantially at variance from the license and will require immediate corrective action. ( 2 ) [Reserved] ( c ) In the event of minor variations of directional antenna operating parameters from the tolerances specified in paragraph (a) of this section, the following procedures will apply: ( 1 ) The licensee shall measure and log every monitoring point at least once for each mode of directional operation. Subsequent variations in operating parameters will require the remeasuring and logging of every monitoring point to assure that the authorized monitoring point limits are not being exceeded. The licensee will be permitted 24 hours to accomplish these actions; provided that, the date and time of the failure to maintain proper operating parameters have been recorded in the station log. ( 2 ) Provided each monitoring point is within its specified limit, operation may continue for a period up to 30 days before a request for Special Temporary Authority (STA) must be filed, pursuant to paragraph (c)(4) of this section, to operate with parameters at variance from the provisions of paragraph (a) of this section. ( 3 ) If any monitoring point exceeds its specified limit, the licensee must either terminate operation within three hours or reduce power in accordance with the applicable provisions of § 73.1350(d) , in order to eliminate any possibility of interference or excessive radiation in any direction. ( 4 ) If operation pursuant to paragraph (c)(3) of this section is necessary, or before the 30-day period specified in paragraph (c)(2) of this § expires, the licensee must request a Special Temporary Authority (STA) in accordance with section 73.1635 to continue operation with parameters at variance and/or with reduced power along with a statement certifying that all monitoring points will be continuously maintained within their specified limits. ( d ) In any other situation in which it might reasonably be anticipated that the operating parameters might vary out of tolerance (such as planned array repairs or adjustment and proofing procedures), the licensee shall, before such activity is undertaken, obtain a Special Temporary Authority (STA) in accordance with § 73.1635 in order to operate with parameters at variance and/or with reduced power as required to maintain all monitoring points within their specified limits. [ 72 FR 44422 , Aug. 8, 2007] § 73.68 Sampling systems for antenna monitors. ( a ) Each AM station permittee authorized to construct a new directional antenna system which will be subject to a proof of performance based on field strength measurements, as described in § 73.151(a) or (b) , must install the sampling system in accordance with the following specifications: ( 1 ) Devices used to extract or sample the current and the transmission line connecting the sampling elements to the antenna monitor must provide accurate and stable signals to the monitor (e.g., rigidly mounted and non-rotatable loops and all system components protected from physical and environmental disturbances). ( 2 ) Sampling lines for directional antennas may be of different lengths provided the phase difference of signals at the monitor are less than 0.5 degrees between the shortest and longest cable lengths due to temperature variations to which the system is exposed. ( 3 ) Other configurations of sampling systems may be used upon demonstration of stable operation to the FCC. ( b ) An AM station permittee authorized to construct a directional antenna system which will be subject to a proof of performance based on moment method modeling, as described in § 73.151(c) , shall install a sampling system conforming to the requirements set forth in that section. ( c ) A station having an antenna sampling system constructed according to the specifications given in paragraph (a) of this section may obtain approval of that system by submitting an informal letter request to the FCC in Washington, DC, Attention: Audio Division, Media Bureau. The request for approval, signed by the licensee or authorized representative, must contain sufficient information to show that the sampling system is in compliance with all requirements of paragraph (a) of this section. Note to paragraph ( c ): A public notice dated December 9, 1985 giving additional information on approval of antenna sampling systems is available through the Internet at http://www.fcc.gov/mb/audio/decdoc/letter/1985-12-09-sample.html . ( d ) In the event that the antenna monitor sampling system is temporarily out of service for repair or replacement, the station may be operated, pending completion of repairs or replacement, for a period not exceeding 120 days without further authority from the FCC if all other operating parameters and the field monitoring point values are within the limits specified on the station authorization. ( e ) If the antenna sampling system is modified or components of the sampling system are replaced, the following procedure shall be followed: ( 1 ) Special Temporary Authority (see § 73.1635 ) shall be requested and obtained from the Commission's Audio Division, Media Bureau in Washington to operate with parameters at variance with licensed values pending issuance of a modified license specifying parameters subsequent to modification or replacement of components. ( 2 ) Immediately prior to modification or replacement of components of the sampling system, and after a verification that all monitoring point values and operating parameters are within the limits or tolerances specified in the rules, the following indications must be recorded for each radiation pattern: Final plate current and plate voltage, common point current, antenna monitor phase and current indications, and the field strength at each monitoring point. Subsequent to these modifications or changes the procedure must be repeated. ( 3 ) If monitoring point field strengths or antenna monitor parameters exceed allowable limits following the replacement or modification of that portion of the sampling system above the base of the towers, a partial proof of performance shall be executed in accordance with § 73.154 . The partial proof of performance shall be accompanied by common point impedance measurements made in accordance with § 73.54 . ( 4 ) Request for modification of license shall be submitted to the FCC in Washington, DC, within 30 days of the date of sampling system modification or replacement. Such request shall specify the transmitter plate voltage and plate current, common point current, base currents and their ratios, antenna monitor phase and current indications, and all other data obtained pursuant to this paragraph. ( f ) If an existing sampling system is found to be patently of marginal construction, or where the performance of a directional antenna is found to be unsatisfactory, and this deficiency reasonably may be attributed, in whole or in part, to inadequacies in the antenna monitoring system, the FCC may require the reconstruction of the sampling system in accordance with requirements specified above. [ 41 FR 7405 , Feb. 18, 1976] Editorial Note Editorial Note: For Federal Register citations affecting § 73.68 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.69 Antenna monitors. ( a ) Each station using a directional antenna must have in operation at the transmitter site an FCC authorized antenna monitor. ( b ) In the event that the antenna monitor sampling system is temporarily out of service for repair or replacement, the station may be operated, pending completion of repairs or replacement, for a period not exceeding 120 days without further authority from the FCC if all other operating parameters, and the field monitoring point values are within the limits specified on the station authorization. ( c ) If conditions beyond the control of the licensee prevent the restoration of the monitor to service within the allowed period, an informal letter request in accordance with § 73.3549 of the Commission's rules must be filed with the FCC, Attention: Audio Division, Media Bureau in Washington, DC for such additional time as may be required to complete repairs of the defective instrument. ( d ) If an authorized antenna monitor is replaced by another antenna monitor, the following procedure shall be followed: ( 1 ) Temporary authority shall be requested and obtained from the Commission in Washington to operate with parameters at variance with licensed values, pending issuance of a modified license specifying new parameters. ( 2 ) Immediately before the replacement of the antenna monitor, after a verification that all monitoring point values and the common point current reading are within the limits or tolerances specified in the rules, the following indications must be recorded for each radiation pattern: Final plate current and plate voltage, common point current, antenna monitor phase and current indications, and the field strength at each monitoring point. ( 3 ) With the new monitor substituted for the old, all indications specified in paragraph (d)(2) of this section, again must be read. If no change has occurred in the indication for any parameter other than the indications of the antenna monitor, the new antenna monitor indications must be deemed to be those reflecting correct array adjustments. ( 4 ) If it cannot be established by the observations required in paragraph (d)(2) of this section that the common point current reading and the monitoring point values are within the tolerances or limits prescribed by the rules and the instrument of authorization, or if the substitution of the new antenna monitor for the old results in changes in these parameters, a partial proof of performance shall be executed and analyzed in accordance with § 73.154 . ( 5 ) An informal letter request for modification of license shall be submitted to the FCC, Attention: Audio Division, Media Bureau in Washington, DC within 30 days of the date of monitor replacement. Such request shall specify the make, type, and serial number of the replacement monitor, phase and sample current indications, and other data obtained pursuant to this paragraph (d) . ( e ) The antenna monitor must be calibrated according to the manufacturer's instructions as often as necessary to ensure its proper operation. [ 38 FR 1918 , Jan. 19, 1973] Editorial Note Editorial Note: For Federal Register citations affecting § 73.69 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.72 Operating during the experimental period. ( a ) An AM station may operate during the experimental period (the time between midnight and sunrise, local time) on its assigned frequency and with its authorized power for the routine testing and maintenance of its transmitting system, and for conducting experimentation under an experimental authorization, provided no interference is caused to other stations maintaining a regular operating schedule within such period. ( b ) No station licensed for “daytime” or “specified hours” of operation may broadcast any regular or scheduled program during this period. ( c ) The licensee of an AM station shall operate or refrain from operating its station during the experimental period as directed by the FCC to facilitate frequency measurements or for the determination of interference. [ 43 FR 32780 , July 28, 1978, as amended at 56 FR 64859 , Dec. 12, 1991] § 73.88 Blanketing interference. The licensee of each broadcast station is required to satisfy all reasonable complaints of blanketing interference within the 1 V/m contour. Note: For more detailed instructions concerning operational responsibilities of licensees and permittees under this section, see § 73.318 (b) , (c) and (d) . [ 28 FR 13574 , Dec. 14, 1963, as amended at 56 FR 64859 , Dec. 12, 1991] § 73.99 Presunrise service authorization (PSRA) and postsunset service authorization (PSSA). ( a ) To provide maximum uniformity in early morning operation compatible with interference considerations, and to provide for additional service during early evening hours for Class D stations, provisions are made for presunrise service and postsunset service. The permissible power for presunrise or postsunset service authorizations shall not exceed 500 watts, or the authorized daytime or critical hours power (whichever is less). Calculation of the permissible power shall consider only co-channel stations for interference protection purposes. ( b ) Presunrise service authorizations (PSRA) permit: ( 1 ) Class D stations operating on Mexican, Bahamian, and Canadian priority Class A clear channels to commence PSRA operation at 6 a.m. local time and to continue such operation until the sunrise times specified in their basic instruments of authorization. ( 2 ) Class D stations situated outside 0.5 mV/m-50% skywave contours of co-channel U.S. Class A stations to commence PSRA operation at 6 a.m. local time and to continue such operation until sunrise times specified in their basic instruments of authorization. ( 3 ) Class D stations located within co-channel 0.5 mV/m-50% skywave contours of U.S. Class A stations, to commence PSRA operation either at 6 a.m. local time, or at sunrise at the nearest Class A station located east of the Class D station (whichever is later), and to continue such operation until the sunrise times specified in their basic instruments of authorization. ( 4 ) Class B and Class D stations on regional channels to commence PSRA operation at 6 a.m. local time and to continue such operation until local sunrise times specified in their basic instruments of authorization. ( c ) Extended Daylight Saving Time Pre-Sunrise Authorizations: ( 1 ) Between the first Sunday in April and the end of the month of April, Class D stations will be permitted to conduct pre-sunrise operation beginning at 6 a.m. local time with a maximum power of 500 watts (not to exceed the station's regular daytime or critical hours power), reduced as necessary to comply with the following requirements: ( i ) Full protection is to be provided as specified in applicable international agreements. ( ii ) Protection is to be provided to the 0.5 mV/m groundwave signals of co-channel U.S. Class A stations; protection to the 0.5 mV/m-50% skywave contours of these stations is not required. ( iii ) In determining the protection to be provided, the effect of each interfering signal will be evaluated separately. The presence of interference from other stations will not reduce or eliminate the required protection. ( iv ) Notwithstanding the requirements of paragraph (c)(1) (ii) and (iii) of this section, the stations will be permitted to operate with a minimum power of 10 watts unless a lower power is required by international agreement. ( 2 ) The Commission will issue appropriate authorizations to Class D stations not previously eligible to operate during this period. Class D stations authorized to operate during this presunrise period may continue to operate under their current authorization. ( d ) Postsunset service authorizations (PSSA) permit: ( 1 ) Class D stations located on Mexican, Bahamian, and Canadian priority Class A clear channels to commence PSSA operation at sunset times specified in their basic instruments of authorization and to continue for two hours after such specified times. ( 2 ) Class D stations situated outside 0.5 mV/m-50% skywave contours of co-channel U.S. Class A stations to commence PSSA operations at sunset times specified in their basic instruments of authorization and to continue for two hours after such specified times. ( 3 ) Class D stations located within co-channel 0.5 mV/m-50% skywave contours of U.S. Class A stations to commence PSSA operation at sunset times specified in their basic instruments of authorization and to continue such operation until two hours past such specified times, or until sunset at the nearest Class A station located west of the Class D station, whichever is earlier. Class D stations located west of the Class A station do not qualify for PSSA operation. ( 4 ) Class D stations on regional channels to commence PSSA operation at sunset times specified on their basic instruments of authorization and to continue such operation until two hours past such specified times. ( e ) Procedural Matters. ( 1 ) Applications for PSRA and PSSA operation are not required. Instead, the FCC will calculate the periods of such operation and the power to be used pursuant to the provisions of this section and the protection requirements contained in applicable international agreements. Licensees will be notified of permissible power and times of operation. Presunrise and Postsunset service authority permits operation on a secondary basis and does not confer license rights. No request for such authority need be filed. However, stations intending to operate PSRA or PSSA shall submit by letter, signed as specified in § 73.3513 , the following information: ( i ) Licensee name, station call letters and station location, ( ii ) Indication as to whether PSRA operation, PSSA operation, or both, is intended by the station, ( iii ) A description of the method whereby any necessary power reduction will be achieved. ( 2 ) Upon submission of the required information, such operation may begin without further authority. ( f ) Technical criteria. Calculations to determine whether there is objectionable interference will be determined in accordance with the AM Broadcast Technical Standards, §§ 73.182 through 73.190 , and applicable international agreements. Calculations will be performed using daytime antenna systems, or critical hours antenna systems when specified on the license. In performing calculations to determine assigned power and times for commencement of PSRA and PSSA operation, the following standards and criteria will be used: ( 1 ) Class D stations operating in accordance with paragraphs (b)(1) , (b)(2) , (d)(1) , and (d)(2) of this section are required to protect the nighttime 0.5 mV/m-50% skywave contours of co-channel Class A stations. Where a 0.5 mV/m-50% skywave signal from the Class A station is not produced, the 0.5 mV/m groundwave contour shall be protected. ( 2 ) Class D stations are required to fully protect foreign Class B and Class C stations when operating PSRA and PSSA; Class D stations operating PSSA are required to fully protect U.S. Class B stations. For purposes of determining protection, the nighttime RSS limit will be used in the determination of maximum permissible power. ( 3 ) Class D stations operating in accordance with paragraphs (d)(2) and (d)(3) of this section are required to restrict maximum 10% skywave radiation at any point on the daytime 0.1 mV/m groundwave contour of a co-channel Class A station to 25 µV/m. The location of the 0.1 mV/m contour of the Class A station will be determined by use of Figure M3, Estimated Ground Conductivity in the United States. When the 0.1 mV/m contour extends beyond the national boundary, the international boundary shall be considered the 0.1 mV/m contour. ( 4 ) Class B and Class D stations on regional channels operating PSRA and PSSA (Class D only) are required to provide full protection to co-channel foreign Class B and Class C stations. ( 5 ) Class D stations on regional channels operating PSSA beyond 6 p.m. local time are required to fully protect U.S. Class B stations. ( 6 ) The protection that Class D stations on regional channels are required to provide when operating PSSA until 6 p.m. local time is as follows. ( i ) For the first half-hour of PSSA operation, protection will be calculated at sunset plus 30 minutes at the site of the Class D station; ( ii ) For the second half-hour of PSSA operation, protection will be calculated at sunset plus one hour at the site of the Class D station; ( iii ) For the second hour of PSSA operation, protection will be calculated at sunset plus two hours at the site of the Class D station; ( iv ) Minimum powers during the period until 6 p.m. local time shall be permitted as follows: Calculated power Adjusted minimum power From 1 to 45 watts 50 watts. Above 45 to 70 watts 75 watts. Above 70 to 100 watts 100 watts. ( 7 ) For protection purposes, the nighttime 25% RSS limit will be used in the determination of maximum permissible power. ( g ) Calculations made under paragraph (d) of this section may not take outstanding PSRA or PSSA operations into account, nor will the grant of a PSRA or PSSA confer any degree of interference protection on the holder thereof. ( h ) Operation under a PSRA or PSSA is not mandatory, and will not be included in determining compliance with the requirements of § 73.1740 . To the extent actually undertaken, however, presunrise operation will be considered by the FCC in determining overall compliance with past programming representations and station policy concerning commercial matter. ( i ) The PSRA or PSSA is secondary to the basic instrument of authorization with which it is to be associated. The PSRA or PSSA may be suspended, modified, or withdrawn by the FCC without prior notice or right to hearing, if necessary to resolve interference conflicts, to implement agreements with foreign governments, or in other circumstances warranting such action. Moreover, the PSRA or PSSA does not extend beyond the term of the basic authorization. ( j ) The Commission will periodically recalculate maximum permissible power and times for commencing PSRA and PSSA for each Class D station operating in accordance with paragraph (c) of this section. The Commission will calculate the maximum power at which each individual station may conduct presunrise operations during extended daylight saving time and shall issue conforming authorizations. These original notifications and subsequent notifications should be associated with the station's authorization. Upon notification of new power and time of commencing operation, affected stations shall make necessary adjustments within 30 days. ( k ) A PSRA and PSSA does not require compliance with §§ 73.45 , 73.182 and 73.1560 where the operation might otherwise be considered as technically substandard. Further, the requirements of paragraphs (a)(5), (b)(2), (c)(2), and (d)(2) of § 73.1215 concerning the scale ranges of transmission system indicating instruments are waived for PSRA and PSSA operation except for the radio frequency ammeters used in determining antenna input power. ( 1 ) A station having an antenna monitor incapable of functioning at the authorized PSRA and PSSA power when using a directional antenna shall take the monitor reading using an unmodulated carrier at the authorized daytime power immediately prior to commencing PSRA or PSSA operations. Special conditions as the FCC may deem appropriate may be included for PSRA or PSSA to insure operation of the transmitter and associated equipment in accordance with all phases of good engineering practice. [ 56 FR 64860 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992, as amended at 58 FR 27950 , May 12, 1993] § 73.127 Use of multiplex transmission. The licensee of an AM broadcast station may use its AM carrier to transmit signals not audible on ordinary consumer receivers, for both broadcast and non-broadcast purposes subject to the following requirements: ( a ) Such use does not disrupt or degrade the station's own programs or the programs of other broadcast stations. ( b ) AM carrier services that are common carrier in nature are subject to common carrier regulation. Licensees operating such services are required to apply to the FCC for the appropriate authorization and to comply with all policies and rules applicable to the service. Responsibility for making the initial determinations of whether a particular activity is common carriage rests with the AM station licensee. Initial determinations by licensees are subject to FCC examination and may be reviewed at the FCC's discretion. AM carrier services that are private carrier in nature must notify the Licensing Division of the Private Radio Bureau at Gettysburg, Pennsylvania 17325, by letter, prior to initiating service certifying compliance with 47 CFR parts 90 and 94 . ( c ) AM carrier services are of a secondary nature under the authority of the AM station authorization, and the authority to provide such communications services may not be retained or transferred in any manner separate from the station's authorization. The grant or renewal of an AM station permit or license is not furthered or promoted by proposed or past service. The permittee or licensee must establish that the broadcast operation is in the public interest wholly apart from the subsidiary communications services provided. ( d ) The station identification, delayed recording, and sponsor identification announcements required by §§ 73.1201 , 73.1208 , and 73.1212 are not applicable to leased communications services transmitted via services that are not of a general broadcast program nature. ( e ) The licensee or permittee must retain control over all material transmitted in a broadcast mode via the station's facilities, with the right to reject any material that it deems inappropriate or undesirable. ( f ) Installation of the multiplex transmitting equipment must conform with the requirements of § 73.1690(e) . [ 47 FR 25345 , June 11, 1982, as amended at 49 FR 34015 , Aug. 28, 1984; 51 FR 41629 , Nov. 18, 1986; 51 FR 44478 , Dec. 10, 1986] § 73.128 AM stereophonic broadcasting. ( a ) An Am broadcast station may, without specific authority from the FCC, transmit stereophonic programs upon installation of type accepted stereophonic transmitting equipment and the necessary measuring equipment to determine that the stereophonic transmissions conform to the modulation characteristics specified in paragraphs (b) and (c) of this section. Stations transmitting stereophonic programs prior to March 21, 1994 may continue to do so until March 21, 1995 as long as they continue to comply with the rules in effect prior to March 21, 1994. ( b ) The following limitations on the transmitted wave must be met to insure compliance with the occupied bandwidth limitations, compatibility with AM receivers using envelope detectors, and any applicable international agreements to which the FCC is a party: ( 1 ) The transmitted wave must meet the occupied bandwidth specifications of § 73.44 under all possible conditions of program modulation. Compliance with requirement shall be demonstrated either by the following specific modulation tests or other documented test procedures that are to be fully described in the application for type acceptance and the transmitting equipment instruction manual. (See § 2.983(d)(8) and (j) ). ( i ) Main channel (L + R) under all conditions of amplitude modulations for the stereophonic system but not exceeding amplitude modulation on negative peaks of 100%. ( ii ) Stereophonic (L−R) modulated with audio tones of the same amplitude at the transmitter input terminals as in paragraph (b)(i) of this section but with the phase of either the L or R channel reversed. ( iii ) Left and Right Channel only, under all conditions of modulation for the stereophonic system in use but not exceeding amplitude modulation on negative peaks of 100%. ( c ) Effective on December 20, 1994, stereophonic transmissions shall conform to the following additional modulation characteristics: ( 1 ) The audio response of the main (L + R) channel shall conform to the requirements of the ANSI/EIA-549-1988, NRSC-1 AM Preemphasis/Deemphasis and Broadcast Transmission Bandwidth Specifications (NRSC-1). ( 2 ) The left and right channel audio signals shall conform to frequency response limitations dictated by ANSI/EIA-549-1988. ( 3 ) The stereophonic difference (L−R) information shall be transmitted by varying the phase of the carrier in accordance with the following relationship: where: L(t) = audio signal left channel, R(t) = audio signal right channel, m = modulation factor, and m peak (L(t) + R(t)) = 1 for 100% amplitude modulation, m peak (L(t)−R(t)) = 1 for 100% phase modulation. ( 4 ) The carrier phase shall advance in a positive direction when a left channel signal causes the transmitter envelope to be modulated in a positive direction. The carrier phase shall likewise retard (negative phase change) when a right channel signal causes the transmitter envelope to be modulated in a positive direction. The phase modulation shall be symmetrical for the condition of difference (L−R) channel information sent without the presence of envelope modulation. ( 5 ) Maximum angular modulation, which occurs on negative peaks of the left or right channel with no signal present on the opposite channel (L(t)=−0.75, R(t) = 0, or R(t)=−0.75, L(t) = 0) shall not exceed 1.25 radians. ( 6 ) A peak phase modulation of ±0.785 radians under the condition of difference (L−R) channel modulation and the absence of envelope (L + R) modulation and pilot signal shall represent 100% modulation of the difference channel. ( 7 ) The composite signal shall contain a pilot tone for indication of the presence of stereophonic information. The pilot tone shall consist of a 25 Hz tone, with 3% or less total harmonic distortion and a frequency tolerance of ±0.1 H 2 , which modulates the carrier phase ±0.05 radians peak, corresponding to 5% L−R modulation when no other modulation is present. The injection level shall be 5%, with a tolerance of + 1, −1%. ( 8 ) The composite signal shall be described by the following expression: where: A = the unmodulated carrier voltage m = the modulation index C sn = the magnitude of the nth term of the sum signal C dn = the magnitude of the nth term of the difference signal ω sn = the nth order angular velocity of the sum signal ω dn = the nth order angular velocity of the difference signal ω c = the angular velocity of the carrier A sn and B sn are the n th sine and cosine coefficients of C sn A dn and B dn are the n th sine and cosine coefficients of C dn [ 58 FR 66301 , Dec. 20, 1993] § 73.132 Territorial exclusivity. No licensee of an AM broadcast station shall have any arrangement with a network organization which prevents or hinders another station serving substantially the same area from broadcasting the network's programs not taken by the former station, or which prevents or hinders another station serving a substantially different area from broadcasting any program of the network organization: Provided, however, That this section does not prohibit arrangements under which the station is granted first call within its primary service area upon the network's programs. The term “network organization” means any organization originating program material, with or without commercial messages, and furnishing the same to stations interconnected so as to permit simultaneous broadcast by all or some of them. However, arrangements involving only stations under common ownership, or only the rebroadcast by one station or programming from another with no compensation other than a lump-sum payment by the station rebroadcasting, are not considered arrangements with a network organization. The term “arrangement” means any contract, arrangement or understanding, expressed or implied. [ 42 FR 16422 , Mar. 28, 1977] § 73.150 Directional antenna systems. ( a ) For each station employing a directional antenna, all determinations of service provided and interference caused shall be based on the inverse distance fields of the standard radiation pattern for that station. (As applied to nighttime operation the term “standard radiation pattern” shall include the radiation pattern in the horizontal plane, and radiation patterns at angles above this plane.) ( 1 ) Parties submitting directional antenna patterns pursuant to this section and § 73.152 (Modified standard pattern) must submit patterns which are tabulated and plotted in units of millivolts per meter at 1 kilometer. Note: Applications for new stations and for changes (both minor and major) in existing stations must use a standard pattern. ( b ) The following data shall be submitted with an application for authority to install a directional antenna: ( 1 ) The standard radiation pattern for the proposed antenna in the horizontal plane, and where pertinent, tabulated values for the azimuthal radiation patterns for angles of elevation up to and including 60 degrees, with a separate section for each increment of 5 degrees. ( i ) The standard radiation pattern shall be based on the theoretical radiation pattern. The theoretical radiation pattern shall be calculated in accordance with the following mathematical expression: where: E (φ,θ) th Represents the theoretical inverse distance fields at one kilometer for the given azimuth and elevation. k Represents the multiplying constant which determines the basic pattern size. It shall be chosen so that the effective field (RMS) of the theoretical pattern in the horizontal plane shall be no greater than the value computed on the assumption that nominal station power (see § 73.14 ) is delivered to the directional array, and that a lumped loss resistance of one ohm exists at the current loop of each element of the array, or at the base of each element of electrical height lower than 0.25 wavelength, and no less than the value required by § 73.189(b)(2) of this part for a station of the class and nominal power for which the pattern is designed. n Represents the number of elements (towers) in the directional array. i Represents the i th element in the array. F i Represents the field ratio of the i th element in the array. θ Represents the vertical elevation angle measured from the horizontal plane. f i (θ) represents the vertical plane radiation characteristic of the i th antenna. This value depends on the tower height, as well as whether the tower is top-loaded or sectionalized. The various formulas for computing f i (θ) are given in § 73.160 . S i Represents the electrical spacing of the i th tower from the reference point. φ i Represents the orientation (with respect to true north) of the i th tower. φ Represents the azimuth (with respect to true north). ψ i Represents the electrical phase angle of the current in the i th tower. The standard radiation pattern shall be constructed in accordance with the following mathematical expression: where: E (φ,θ) std represents the inverse distance fields at one kilometer which are produced by the directional antenna in the horizontal and vertical planes. E (φ,θ) th represents the theoretical inverse distance fields at one kilometer as computed in accordance with Eq. 1, above. Q is the greater of the following two quantities: 0.025g(θ) E rss or 10.0g(θ) √ P kW where: g(θ) is the vertical plane distribution factor, f(θ), for the shortest element in the array (see Eq. 2, above; also see § 73.190 , Figure 5). If the shortest element has an electrical height in excess of 0.5 wavelength, g(θ) shall be computed as follows: E rss is the root sum square of the amplitudes of the inverse fields of the elements of the array in the horizontal plane, as used in the expression for E (φ,θ) th (see Eq. 1, above), and is computed as follows: P kW is the nominal station power expressed in kilowatts, see § 73.14 . If the nominal power is less than one kilowatt, P kW = 1. ( ii ) Where the orthogonal addition of the factor Q to E( φ , θ ) th results in a standard pattern whose minimum fields are lower than those found necessary or desirable, these fields may be increased by appropriate adjustment of the parameters of E ( φ , θ ) th . ( 2 ) All patterns shall be computed for integral multiples of five degrees, beginning with zero degrees representing true north, and, shall be plotted to the largest scale possible on unglazed letter-size paper (main engraving approximately 7′ × 10′) using only scale divisions and subdivisions of 1,2,2.5, or 5 times 10 nth . The horizontal plane pattern shall be plotted on polar coordinate paper, with the zero degree point corresponding to true north. Patterns for elevation angles above the horizontal plane may be plotted in polar or rectangular coordinates, with the pattern for each angle of elevation on a separate page. Rectangular plots shall begin and end at true north, with all azimuths labelled in increments of not less than 20 degrees. If a rectangular plot is used, the ordinate showing the scale for radiation may be logarithmic. Such patterns for elevation angles above the horizontal plane need be submitted only upon specific request by Commission staff. Minor lobe and null detail occurring between successive patterns for specific angles of elevation need not be submitted. Values of field strength on any pattern less than ten percent of the maximum field strength plotted on that pattern shall be shown on an enlarged scale. Rectangular plots with a logarithmic ordinate need not utilize an expanded scale unless necessary to show clearly the minor lobe and null detail. ( 3 ) The effective (RMS) field strength in the horizontal plane of E (φ,θ) std , E (φ,θ) th and the root-sum-square (RSS) value of the inverse distance fields of the array elements at 1 kilometer, derived from the equation for E (φ,θ) th . These values shall be tabulated on the page on which the horizontal plane pattern is plotted, which shall be specifically labelled as the Standard Horizontal Plane Pattern. ( 4 ) Physical description of the array, showing: ( i ) Number of elements. ( ii ) Type of each element ( i.e. , guyed or self-supporting, uniform cross section or tapered (specifying base dimensions), grounded or insulated, etc.) ( iii ) Details of top loading, or sectionalizing, if any. ( iv ) Height of radiating portion of each element in feet (height above base insulator, or base, if grounded). ( v ) Overall height of each element above ground. ( vi ) Sketch of antenna site, indicating its dimensions, the location of the antenna elements, thereon, their spacing from each other, and their orientation with respect to each other and to true north, the number and length of the radials in the ground system about each element, the dimensions of ground screens, if any, and bonding between towers and between radial systems. ( 5 ) Electrical description of the array, showing: ( i ) Relative amplitudes of the fields of the array elements. ( ii ) Relative time phasing of the fields of the array elements in degrees leading [ + ] or lagging [−]. ( iii ) Space phasing between elements in degrees. ( iv ) Where waiver of the content of this section is requested or upon request of the Commission staff, all assumptions made and the basis therefor, particularly with respect to the electrical height of the elements, current distribution along elements, efficiency of each element, and ground conductivity. ( v ) Where waiver of the content of this section is requested, or upon request of the Commission staff, those formulas used for computing E (φ,θ) th and E (φ,θ) std . Complete tabulation of final computed data used in plotting patterns, including data for the determination of the RMS value of the pattern, and the RSS field of the array. ( 6 ) The values used in specifying the parameters which describe the array must be specified to no greater precision than can be achieved with available monitoring equipment. Use of greater precision raises a rebuttable presumption of instability of the array. Following are acceptable values of precision; greater precision may be used only upon showing that the monitoring equipment to be installed gives accurate readings with the specified precision. ( i ) Field Ratio: 3 significant figures. ( ii ) Phasing: to the nearest 0.1 degree. ( iii ) Orientation (with respect to a common point in the array, or with respect to another tower): to the nearest 0.1 degree. ( iv ) Spacing (with respect to a common point in the array, or with respect to another tower): to the nearest 0.1 degree. ( v ) Electrical Height (for all parameters listed in Section 73.160 ): to the nearest 0.1 degree. ( vi ) Theoretical RMS (to determine pattern size): 4 significant figures. ( vii ) Additional requirements relating to modified standard patterns appear in § 73.152(c)(3) and (c)(4) . ( 7 ) Any additional information required by the application form. ( c ) Sample calculations for the theoretical and standard radiation follow. Assume a five kilowatt (nominal power) station with a theoretical RMS of 685 mV/m at one kilometer. Assume that it is an in-line array consisting of three towers. Assume the following parameters for the towers: Tower Field ratio Relative phasing Relative spacing Relative orientation 1 1.0 −128.5 0.0 0.0 2 1.89 0.0 110.0 285.0 3 1.0 128.5 220.0 285.0 Assume that tower 1 is a typical tower with an electrical height of 120 degrees. Assume that tower 2 is top-loaded in accordance with the method described in § 73.160(b)(2) where A is 120 electrical degrees and B is 20 electrical degrees. Assume that tower 3 is sectionalized in accordance with the method described in § 73.160(b)(3) where A is 120 electrical degrees, B is 20 electrical degrees, C is 220 electrical degrees, and D is 15 electrical degrees. The multiplying constant will be 323.6. Following is a tabulation of part of the theoretical pattern: Azimuth 0 30 60 Vertical angle 0 15.98 62.49 68.20 105 1225.30 819.79 234.54 235 0.43 18.46 34.56 247 82.62 51.52 26.38 If we further assume that the station has a standard pattern, we find that Q, for θ = 0, is 22.36. Following is a tabulation of part of the standard pattern: Azimuth 0 30 60 Vertical angle 0 28.86 68.05 72.06 105 1286.78 860.97 246.41 235 23.48 26.50 37.18 247 89.87 57.03 28.87 The RMS of the standard pattern in the horizontal plane is 719.63 mV/m at one kilometer. [ 36 FR 919 , Jan. 20, 1971, as amended at 37 FR 529 , Jan. 13, 1972; 41 FR 24134 , June 15, 1976; 46 FR 11991 , Feb. 12, 1981; 48 FR 24384 , June 1, 1983; 51 FR 2707 , Jan. 21, 1986; 52 FR 36877 , Oct. 1, 1987; 56 FR 64861 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992] § 73.151 Field strength measurements to establish performance of directional antennas. The performance of a directional antenna may be verified either by field strength measurement or by computer modeling and sampling system verification. ( a ) In addition to the information required by the license application form, the following showing must be submitted to establish, for each mode of directional operation, that the effective measured field strength (RMS) at 1 kilometer (km) is not less than 85 percent of the effective measured field strength (RMS) specified for the standard radiation pattern, or less than that specified in § 73.189(b) for the class of station involved, whichever is the higher value, and that the measured field strength at 1 km in any direction does not exceed the field shown in that direction on the standard radiation pattern for that mode of directional operation: ( 1 ) A tabulation of inverse field strengths in the horizontal plane at 1 km, as determined from field strength measurements taken and analyzed in accordance with § 73.186 , and a statement of the effective measured field strength (RMS). Measurements shall be made in the following directions: ( i ) Those specified in the instrument of authorization. ( ii ) In major lobes. Generally, one radial is sufficient to establish a major lobe; however, additional radials may be required. ( iii ) Along additional radials to establish the shape of the pattern. In the case of a relatively simple directional antenna pattern, a total of six radials is sufficient. If two radials would be more than 90° apart, then an additional radial must be specified within that arc. When more complicated patterns are involved, that is, patterns having several or sharp lobes or nulls, measurements shall be taken along as many as 12 radials to definitely establish the pattern(s). Pattern symmetry may be assumed for complex patterns which might otherwise require measurements on more than 12 radials. ( 2 ) A tabulation of: ( i ) The phase difference of the current in each element with respect to the reference element, and whether the current leads (+) or lags (−) the current in the reference element, as indicated by the station's antenna monitor. ( ii ) The ratio of the amplitude of the radio frequency current in each element to the current in the reference element, as indicated on the station's antenna monitor. ( 3 ) A monitoring point shall be established on each radial for which the construction permit specifies a limit. The following information shall be supplied for each monitoring point: ( i ) Measured field strength. ( ii ) An accurate and detailed description of each monitoring point. The description may include, but shall not be limited to, geographic coordinates determined with a Global Positioning System receiver. ( iii ) Clear photographs taken with the field strength meter in its measuring position and with the camera so located that its field of view takes in as many pertinent landmarks as possible. ( b ) For stations authorized to operate with simple directional antenna systems (e.g., two towers) in the 1605-1705 kHz band, the measurements to support pattern RMS compliance referred to in paragraphs (a)(1)(ii) and (a)(1)(iii) of this section are not required. In such cases, measured radials are required only in the direction of short-spaced allotments, or in directions specifically identified by the Commission. ( c ) Computer modeling and sample system verification of modeled parameters to establish operation of a directional antenna consistent with the theoretical pattern. Each element of the directional array shall be modeled by use of a method of moments computer program, using the physical characteristics of each element to establish a model that does not violate any of the internal constraints of the computer program. Only arrays consisting of series-fed elements may have their performance verified by computer modeling and sample system verification. ( 1 ) A matrix of impedance measurements at the base and/or feed point of each element in the array, with all other elements shorted and/or open circuited at their respective measurement locations, shall be made. The physical model of the individual antenna elements used in the computer program may be varied to match the measured impedance matrix, but the actual spacings and orientations of the array elements must be used. Towers may be modeled using individual vertical wires to represent them, or with multiple wires representing their leg and cross-member sections. The resulting model description (consisting of the length, radius, and number of segments of each wire for arrays using vertical wire sections to represent the towers, or the length, end-point coordinates, and radius of each wire used to represent leg and cross-member sections for arrays using detailed tower structure representations) as well as the assumed input feed and base region stray reactances shall be used to generate the drive impedances and sample system parameter values for the operating directional antenna pattern parameters. ( i ) For arrays using vertical wires to represent each tower, the radii of cylinders shall be no less than 80 percent and no more than 150 percent of the radius of a circle with a circumference equal to the sum of the widths of the tower sides. ( ii ) For arrays using multiple wires to represent leg and cross-member sections, the individual legs of the tower may be modeled at their actual diameters with appropriate interconnecting segments representing cross-members at regular intervals. ( iii ) No less than one segment for each 10 electrical degrees of the tower's physical height shall be used for each element in the array. ( iv ) Base calculations shall be made for a reference point at ground level or within one electrical degree elevation of the actual feed point. ( v ) For uniform cross-section towers represented by vertical wires, each wire used for a given tower shall be between 75 to 125 percent of the physical length represented. ( vi ) For self-supporting towers, stepped-radius wire sections may be employed to simulate the physical tower's taper, or the tower may be modeled with individual wire sections representing the legs and cross members. ( vii ) The lumped series inductance of the feed system between the output port of each antenna tuning unit and the associated tower shall be no greater than 10 µH unless a measured value from the measurement point to the tower base with its insulator short circuited is used. ( viii ) The shunt capacitance used to model the base region effects shall be no greater than 250 pF unless the measured or manufacturer's stated capacitance for each device other than the base insulator is used. The total capacitance of such devices shall be limited such that in no case will their total capacitive reactance be less than five times the magnitude of the tower base operating impedance without their effects being considered. This “five times” requirement only applies when the total capacitance used to model base region effects exceeds 250 pF and when base current sampling is used. ( ix ) The orientation and distances among the individual antenna towers in the array shall be confirmed by a post-construction certification by a land surveyor (or, where permitted by local regulation, by an engineer) licensed or registered in the state or territory where the antenna system is located. Stations submitting a moment method proof for a pattern using towers that are part of an authorized AM array are exempt from the requirement to submit a surveyor's certification, provided that the tower geometry of the array is not being modified and that no new towers are being added to the array. ( x ) An AM station that verified the performance of its directional antenna system using computer modeling and sampling system verification under this rule section, that makes modifications to tower or system components above the base insulator, shall follow the procedures set forth in section 1.30003(b)(2) of this chapter . ( 2 ) ( i ) The computer model, once verified by comparison with the measured base impedance matrix data, shall be used to determine the appropriate antenna monitor parameters. The moment method modeled parameters shall be established by using the verified moment method model to produce tower current distributions that, when numerically integrated and normalized to the reference tower, are identical to the specified field parameters of the theoretical directional antenna pattern. The samples used to drive the antenna monitor may be current transformers or voltage sampling devices at the outputs of the antenna matching networks or sampling loops located on the towers. If sample loops are used, they shall be located at the elevation where the current in the tower would be at a minimum if the tower were detuned in the horizontal plane, as determined by the moment method model parameters used to determine the antenna monitor parameters. Sample loops may be employed only when the towers are identical in cross-sectional structure, including both leg and cross member characteristics; if the towers are of unequal height, the sample loops shall be mounted identically with respect to tower cross members at the appropriate elevations above the base insulator. If the tower height used in the model is other than the physical height of the tower, the sampling loop shall be located at a height that is the same fraction of the total tower height as the minimum in tower current with the tower detuned in the model. Sample lines from the sensing element to the antenna monitor must be equal in both length (within one electrical degree) and characteristic impedance (within two ohms), as established by impedance measurements, including at the open-circuit resonant frequency closest to carrier frequency to establish length, at frequencies corresponding to odd multiples of 1 ⁄ 8 wavelength immediately above and below the open circuit resonant frequency closest to carrier frequency, while open circuited, to establish characteristic impedance, and at carrier frequency or, if necessary, at nearby frequencies where the magnitude of the measured impedance is no greater than 200 ohms with the sampling devices connected. Samples may be obtained from current transformers at the output of the antenna coupling and matching equipment for base-fed towers whose actual electrical height is 120 degrees or less, or greater than 190 electrical degrees. Samples may be obtained from base voltage sampling devices at the output of the antenna coupling and matching equipment for base-fed towers whose actual electrical height is greater than 105 degrees. Samples obtained from sample loops located as described above can be used for any height of tower. For towers using base current or base voltage sampling derived at the output of the antenna coupling and matching equipment, the sampling devices shall be disconnected and calibrated by measuring their outputs with a common reference signal (a current through them or a voltage across them, as appropriate) and the calibration must agree within the manufacturer's specifications. A complete description of the sampling system, including the results of the measurements described in this paragraph, shall be submitted with the application for license. ( ii ) Proper adjustment of an antenna pattern shall be determined by correlation between the measured antenna monitor sample indications and the parameters calculated by the method of moments program, and by correlation between the measured matrix impedances for each tower and those calculated by the method of moments program. The antenna monitor sample indications must be initially adjusted to agree with the moment method model within ±5 percent for the field ratio and ±3 degrees in phase. The measured matrix impedances must agree with the moment method model within ±2 ohms and ±4 percent for resistance and reactance. ( 3 ) When the application for an initial license for a directional antenna system is submitted that is based on computer modeling and sample system verification, reference field strength measurement locations shall be established in the directions of pattern minima and maxima. On each radial corresponding to a pattern minimum or maximum, there shall be at least three measurement locations. The field strength shall be measured at each reference location at the time of the proof of performance. The license application shall include the measured field strength values at each reference point, along with a description of each measurement location, including GPS coordinates and datum reference. New reference field strength measurements are not required for subsequent license applications for the same directional antenna pattern and physical facilities. [ 36 FR 919 , Jan. 20, 1971, as amended at 42 FR 36828 , July 18, 1977; 49 FR 23348 , June 6, 1984; 50 FR 32416 , Aug. 12, 1985; 56 FR 64862 , Dec. 12, 1991; 63 FR 33876 , June 22, 1998; 66 FR 20756 , Apr. 25, 2001; 73 FR 64561 , Oct. 30, 2008; 82 FR 51165 , Nov. 3, 2017] § 73.152 Modification of directional antenna data. ( a ) If, after construction and final adjustment of a directional antenna, a measured inverse distance field in any direction exceeds the field shown on the standard radiation pattern for the pertinent mode of directional operation, an application shall be filed, specifying a modified standard radiation pattern and/or such changes as may be required in operating parameters so that all measured effective fields will be contained within the modified standard radiation pattern. Permittees may also file an application specifying a modified standard radiation pattern, even when measured radiation has not exceeded the standard pattern, in order to allow additional tolerance for monitoring point limits. ( b ) If, following a partial proof of performance, a licensee discovers that radiation exceeds the standard pattern on one or more radials because of circumstances beyond the licensee's control, a modified standard pattern may be requested. The licensee shall submit, concurrently, Forms 301-AM and 302-AM. Form 301-AM shall include an exhibit demonstrating that no interference would result from the augmentation. Form 302-AM shall include the results of the partial proof, along with full directional and nondirectional measurements on the radial(s) to be augmented, including close-in points and a determination of the inverse distance field in accordance with § 73.186 . ( c ) Normally, a modified standard pattern is not acceptable at the initial construction permit stage, before a proof-of-performance has been completed. However, in certain cases, where it can be shown that modification is necessary, a modified standard pattern will be acceptable at the initial construction permit stage. Following is a non-inclusive list of items to be considered in determining whether a modification is acceptable at the initial construction permit stage: ( 1 ) When the proposed pattern is essentially the same as an existing pattern at the same antenna site. (e.g., A DA-D station proposing to become a DA-1 station.) ( 2 ) Excessive reradiating structures, which should be shown on a plat of the antenna site and surrounding area. ( 3 ) Other environmental factors; they should be fully described. ( 4 ) Judgment and experience of the engineer preparing the engineering portion of the application. This must be supported with a full discussion of the pertinent factors. ( d ) The following general principles shall govern the situations in paragraphs (a), (b), and (c) in this section: ( 1 ) Where a measured field in any direction will exceed the authorized standard pattern, the license application may specify the level at which the input power to the antenna shall be limited to maintain the measured field at a value not in excess of that shown on the standard pattern, and shall specify the common point current corresponding to this power level. This value of common point current will be specified on the license for that station. ( 2 ) Where any excessive field does not result in objectionable interference to another station, a modification of construction permit application may be submitted with a modified standard pattern encompassing all augmented fields. The modified standard pattern shall supersede the previously submitted standard radiation pattern for that station in the pertinent mode of directional operation. Following are the possible methods of creating a modified standard pattern: ( i ) The modified pattern may be computed by making the entire pattern larger than the original pattern ( i.e. , have a higher RMS value) if the measured fields systematically exceed the confines of the original pattern. The larger pattern shall be computed by using a larger multiplying constant, k, in the theoretical pattern equation (Eq. 1) in § 73.150(b)(1) . ( ii ) Where the measured field exceeds the pattern in discrete directions, but objectionable interference does not result, the pattern may be expanded over sectors including these directions. When this “augmentation” is desired, it shall be achieved by application of the following equation: E( φ, θ) aug = √ { E( φ, θ) std } 2 + A{ g (θ) cos (180 D A /S } 2 where: E( φ, θ) std is the standard pattern field at some particular azimuth and elevation angle, before augmentation, computed pursuant to Eq. 2, § 73.150(b)(1)(i) . E( φ, θ) aug. is the field in the direction specified above, after augmentation. A = E( φ, O) 2 aug −E( φ, O) 2 std in which φ is the central azimuth of augmentation. E( φ, O) aug and E( φ, O) std are the fields in the horizontal plane at the central azimuth of augmentation. Note: “A” must be positive, except during the process of converting non-standard patterns to standard patterns pursuant to the Report and Order in Docket No. 21473, and in making minor changes to stations with patterns developed during the conversion. However, even when “A” is negative, “A” cannot be so negative that E( φ, α) aug is less than E( φ, θ) th at any azimuth or vertical elevation angle. g(θ) is defined in § 73.150(b)(1)(i) . S is the angular range, or “span”, over which augmentation is applied. The span is centered on the central azimuth of augmentation. At the limits of the span, the augmented pattern merges into the unaugmented pattern. Spans may overlap. D A is the absolute horizontal angle between the azimuth at which the augmented pattern value is being computed and the central azimuth of augmentation. (D A cannot exceed 1/2 S.) In the case where there are spans which overlap, the above formula shall be applied repeatedly, once for each augmentation, in ascending order of central azimuth of augmentation, beginning with zero degrees representing true North. Note that, when spans overlap, there will be, in effect, an augmentation of an augmentation. And, if the span of an earlier augmentation overlaps the central azimuth of a later augmentation, the value of “A” for the later augmentation will be different than the value of “A” without the overlap of the earlier span. ( iii ) A combination of paragraphs (d)(2)(i) and (d)(2)(ii), of this section, with (d)(2)(i) being applied before (d)(2)(ii) is applied. ( iv ) Where augmentation is allowable under the terms of this section, the requested amount of augmentation shall be centered upon the measured radial and shall not exceed the following: ( A ) The actual measured inverse distance field value, where the radial does not involve a required monitoring point. ( B ) 120% of the actual measured inverse field value, where the radial has a monitoring point required by the instrument of authorization. Whereas some pattern smoothing can be accommodated, the extent of the requested span(s) shall be minimized and in no case shall a requested augmentation span extend to a radial azimuth for which the analyzed measurement data does not show a need for augmentation. ( 3 ) A Modified Standard Pattern shall be specifically labeled as such, and shall be plotted in accordance with the requirements of paragraph (b)(2) of § 73.150 . The effective (RMS) field strength in the horizontal plane of E( φ, α) std, E( φ, α) th, and the root sum square (RSS) value of the inverse fields of the array elements (derived from the equation for E( φ, α) th ), shall be tabulated on the page on which the horizontal plane pattern is plotted. Where sector augmentation has been employed in designing the modified pattern, the direction of maximum augmentation ( i.e. , the central azimuth of augmentation) shall be indicated on the horizontal plane pattern for each augmented sector, and the limits of each sector shall also be shown. Field values within an augmented sector, computed prior to augmentation, shall be depicted by a broken line. ( 4 ) There shall be submitted, for each modified standard pattern, complete tabulations of final computed data used in plotting the pattern. In addition, for each augmented sector, the central azimuth of augmentation, span, and radiation at the central azimuth of augmentation (E( φ, α) aug ) shall be tabulated. ( 5 ) The parameters used in computing the modified standard pattern shall be specified with realistic precision. Following is a list of the maximum acceptable precision: ( i ) Central Azimuth of Augmentation: to the nearest 0.1 degree. ( ii ) Span: to the nearest 0.1 degree. ( iii ) Radiation at Central Azimuth of Augmentation: 4 significant figures. ( e ) Sample calculations for a modified standard pattern follow. First, assume the existing standard pattern in § 73.150(c) . Then, assume the following augmentation parameters: Augmentation number Central azimuth Span Radiation at central azimuth 1 110 40 1,300 2 240 50 52 3 250 10 130 Following is a tabulation of part of the modified standard pattern: Azimuth 0 30 60 Vertical angle 0 28.86 68.05 72.06 105 1,299.42 872.14 254.21 235 39.00 35.74 38.71 247 100.47 66.69 32.78 [ 46 FR 11992 , Feb. 12, 1981, as amended at 56 FR 64862 , Dec. 12, 1991; 66 FR 20756 , Apr. 25, 2001] § 73.153 Field strength measurements in support of applications or evidence at hearings. In the determination of interference, groundwave field strength measurements will take precedence over theoretical values, provided such measurements are properly taken and presented. When measurements of groundwave signal strength are presented, they shall be sufficiently complete in accordance with § 73.186 to determine the field strength at 1 mile in the pertinent directions for that station. The antenna resistance measurements required by § 73.186 need not be taken or submitted. [ 44 FR 36037 , June 20, 1979, as amended at 56 FR 64862 , Dec. 12, 1991] § 73.154 AM directional antenna partial proof of performance measurements. ( a ) A partial proof of performance consists of at least 8 field strength measurements made on each of the radials that includes a monitoring point. ( b ) The measurements are to be made within 3 to 15 kilometers from the center of the antenna array. When a monitoring point as designated on the station authorization lies on a particular radial, one of the measurements must be made at that point. One of the following methods shall be used for the partial proof: ( 1 ) Measurement points shall be selected from the points measured in latest full proof of performance provided that the points can be identified with reasonable certainty, and that land development or other factors have not significantly altered propagation characteristics since the last full proof. At each point, the licensee shall measure directional field strength for comparison to either the directional or the nondirectional field strength measured at that point in the last full proof. ( 2 ) In the event that a meaningful comparison to full proof measurements cannot be made, the licensee shall measure both directional and nondirectional field strength at eight points on each radial. The points need not be limited to those measured in the last full proof of performance. ( c ) The results of the measurements are to be analyzed as follows. Either the arithmetic average or the logarithmic average of the ratios of the field strength at each measurement point to the corresponding field strength in the most recent complete proof of performance shall be used to establish the inverse distance fields. (The logarithmic average for each radial is the antilogarithm of the mean of the logarithms of the ratios of field strength (new to old) for each measurement location along a given radial). When new nondirectional measurements are used as the reference, as described in paragraph (b)(2) of this section, either the arithmetic or logarithmic averages of directional to nondirectional field strength on each radial shall be used in conjunction with the measured nondirectional field from the last proof to establish the inverse distance field. ( d ) The result of the most recent partial proof of performance measurements and analysis is to be retained in the station records available to the FCC upon request. Maps showing new measurement points, i.e. , points not measured in the last full proof, shall be associated with the partial proof in the station's records, and shall be provided to the FCC upon request. [ 66 FR 20756 , Apr. 25, 2001, as amended at 82 FR 51165 , Nov. 3, 2017] § 73.155 Directional antenna performance recertification. A station licensed with a directional antenna pattern pursuant to a proof of performance using moment method modeling and internal array parameters as described in § 73.151(c) shall recertify the performance of the antenna monitor sampling system only in the case of repair to or replacement of affected system components, and then only as to the repaired or replaced system components. Any recertification of repaired or replaced system components shall be performed in the same manner as an original certification of the affected system components under § 73.151(c)(2)(i) of this part . The results of the recertification measurements shall be retained in the station's public inspection file. [ 82 FR 51162 , Nov. 3, 2017] § 73.157 Antenna testing during daytime. ( a ) The licensee of a station using a directional antenna during daytime or nighttime hours may, without further authority, operate during daytime hours with the licensed nighttime directional facilities or with a nondirectional antenna when conducting monitoring point field strength measurements or antenna proof of performance measurements. ( b ) Operation pursuant to this section is subject to the following conditions: ( 1 ) No harmful interference will be caused to any other station. ( 2 ) The FCC may notify the licensee to modify or cease such operation to resolve interference complaints or when such action may appear to be in the public interest, convenience and necessity. ( 3 ) Such operation shall be undertaken only for the purpose of taking monitoring point field strength measurements or antenna proof of performance measurements, and shall be restricted to the minimum time required to accomplish the measurements. ( 4 ) Operating power in the nondirectional mode shall be adjusted to the same power as was utilized for the most recent nondirectional proof of performance covering the licensed facilities. [ 50 FR 30947 , July 31, 1985] § 73.158 Directional antenna monitoring points. ( a ) When a licensee of a station using a directional antenna system finds that a field monitoring point, as specified on the station authorization, is no longer accessible or is unsuitable because of nearby construction or other disturbances to the measured field, an application to change the monitoring point location, including FCC Form 302-AM, is to be promptly submitted to the FCC in Washington, DC. ( 1 ) If the monitoring point has become inaccessible or otherwise unsuitable, but there has been no significant construction or other change in the vicinity of the monitoring point which may affect field strength readings, the licensee shall select a new monitoring point from the points measured in the last full proof of performance. A recent field strength measurement at the new monitoring point shall also be provided. ( 2 ) Alternatively, if changes in the electromagnetic environment have affected field strength readings at the monitoring point, the licensee shall submit the results of a partial proof of performance, analyzed in accordance with § 73.154 , on the affected radial. ( 3 ) The licensee shall submit an accurate, written description of the new monitoring point in relation to nearby permanent landmarks. ( 4 ) The licensee shall submit a photograph showing the new monitoring point in relation to nearby permanent landmarks that can be used in locating the point accurately at all times throughout the year. Do not use seasonal or temporary features in either the written descriptions or photographs as landmarks for locating field points. ( b ) When the description of the monitoring point as shown on the station license is no longer correct due to road or building construction or other changes, the licensee must prepare and file with the FCC, in Washington, DC, a request for a corrected station license showing the new monitoring point description. The request shall include the information specified in paragraphs (a)(3) and (4) of this section, and a copy of the station's current license. [ 66 FR 20757 , Apr. 25, 2001, as amended at 84 FR 2758 , Feb. 8, 2019] § 73.160 Vertical plane radiation characteristics, f(θ). ( a ) The vertical plane radiation characteristics show the relative field being radiated at a given vertical angle, with respect to the horizontal plane. The vertical angle, represented as θ, is 0 degrees in the horizontal plane, and 90 degrees when perpendicular to the horizontal plane. The vertical plane radiation characteristic is referred to as f(θ). The generic formula for f(θ) is: f(θ) = E(θ)/E(O) where: E(θ) is the radiation from the tower at angle θ. E(O) is the radiation from the tower in the horizontal plane. ( b ) Listed below are formulas for f(θ) for several common towers. ( 1 ) For a typical tower, which is not top-loaded or sectionalized, the following formula shall be used: where: G is the electrical height of the tower, not including the base insulator and pier. (In the case of a folded unipole tower, the entire radiating structure's electrical height is used.) ( 2 ) For a top-loaded tower, the following formula shall be used: where: A is the physical height of the tower, in electrical degrees, and B is the difference, in electrical degrees, between the apparent electrical height (G, based on current distribution) and the actual physical height. G is the apparent electrical height: the sum of A and B; A + B. See Figure 1 of this section. ( 3 ) For a sectionalized tower, the following formula shall be used: where: A is the physical height, in electrical degrees, of the lower section of the tower. B is the difference between the apparent electrical height (based on current distribution) of the lower section of the tower and the physical height of the lower section of the tower. C is the physical height of the entire tower, in electrical degrees. D is the difference between the apparent electrical height of the tower (based on current distribution of the upper section) and the physical height of the entire tower. D will be zero if the sectionalized tower is not top-loaded. G is the sum of A and B; A + B. H is the sum of C and D; C + D. Δ is the difference between H and A; H−A. See Figure 2 of this section. ( c ) One of the above f(θ) formulas must be used in computing radiation in the vertical plane, unless the applicant submits a special formula for a particular type of antenna. If a special formula is submitted, it must be accompanied by a complete derivation and sample calculations. Submission of values for f(θ) only in a tabular or graphical format ( i.e. , without a formula) is not acceptable. ( d ) Following are sample calculations. (The number of significant figures shown here should not be interpreted as a limitation on the number of significant figures used in actual calculations.) ( 1 ) For a typical tower, as described in paragraph (b)(1) of this section, assume that G = 120 electrical degrees: θ f(θ) 0 1.0000 30 0.7698 60 0.3458 ( 2 ) For a top-loaded tower, as described in paragraph (b)(2) of this section, assume A = 120 electrical degrees, B = 20 electrical degrees, and G = 140 electrical degrees, (120 + 20): θ f(θ) 0 1.0000 30 0.7364 60 0.2960 ( 3 ) For a sectionalized tower, as described in paragraph (b)(3) of this section, assume A = 120 electrical degrees, B = 20 electrical degrees, C = 220 electrical degrees, D = 15 electrical degrees, G = 140 electrical degrees (120 + 20), H = 235 electrical degrees (220 + 15), and Δ = 115 electrical degrees (235−120): θ f(θ) 0 1.0000 30 0.5930 60 0.1423 [ 46 FR 11993 , Feb. 12, 1981] § 73.182 Engineering standards of allocation. ( a ) Sections 73.21 to 73.37, inclusive, govern allocation of facilities in the AM broadcast band 535-1705 kHz. § 73.21 establishes three classes of channels in this band, namely, clear, regional and local. The classes and power of AM broadcast stations which will be assigned to the various channels are set forth in § 73.21 . The classifications of the AM broadcast stations are as follows: ( 1 ) Class A stations operate on clear channels with powers no less than 10kW nor greater than 50 kW. These stations are designed to render primary and secondary service over an extended area, with their primary services areas protected from objectionable interference from other stations on the same and adjacent channels. Their secondary service areas are protected from objectionable interference from co-channel stations. For purposes of protection, Class A stations may be divided into two groups, those located in any of the contiguous 48 States and those located in Alaska in accordance with § 73.25 . ( i ) The mainland U.S. Class A stations are those assigned to the channels allocated by § 73.25 . The power of these stations shall be 50 kW. The Class A stations in this group are afforded protection as follows: ( A ) Daytime. To the 0.1 mV/m groundwave contour from stations on the same channel, and to the 0.5 mV/m groundwave contour from stations on adjacent channels. ( B ) Nighttime. To the 0.5 mV/m-50% skywave contour from stations on the same channels. ( ii ) Class A stations in Alaska operate on the channels allocated by § 73.25 with a minimum power of 10 kW, a maximum power of 50 kW and an antenna efficiency of 215 mV/m/kW at 1 kilometer. Stations operating on these channels in Alaska which have not been designated as Class A stations in response to licensee request will continue to be considered as Class B stations. During daytime hours a Class A station in Alaska is protected to the 100 µV/m groundwave contour from co-channel stations. During nighttime hours, a Class A station in Alaska is protected to the 100 µV/m-50 percent skywave contour from co-channel stations. The 0.5 mV/m groundwave contour is protected both daytime and nighttime from stations on adjacent channels. Note: In the Report and Order in MM Docket No. 83-807, the Commission designated 15 stations operating on U.S. clear channels as Alaskan Class A stations. Eleven of these stations already have Alaskan Class A facilities and are to be protected accordingly. Permanent designation of the other four stations as Alaskan Class A is conditioned on their constructing minimum Alaskan Class A facilities no later than December 31, 1989. Until that date or until such facilities are obtained, these four stations shall be temporarily designated as Alaskan Class A stations, and calculations involving these stations should be based on existing facilities but with an assumed power of 10 kW. Thereafter, these stations are to be protected based on their actual Alaskan Class A facilities. If any of these stations does not obtain Alaskan Class A facilities in the period specified, it is to be protected as a Class B station based on its actual facilities. These four stations may increase power to 10 kW without regard to the impact on co-channel Class B stations. However, power increases by these stations above 10 kW (or by existing Alaskan Class A stations beyond their current power level) are subject to applicable protection requirements for co-channel Class B stations. Other stations not on the original list but which meet applicable requirements may obtain Alaskan Class A status by seeking such designation from the Commission. If a power increase or other change in facilities by a station not on the original list is required to obtain minimum Alaskan Class A facilities, any such application shall meet the interference protection requirements applicable to an Alaskan Class A proposal on the channel. ( 2 ) Class B stations are stations which operate on clear and regional channels with powers not less than 0.25 kW nor more than 50 kW. These stations render primary service only, the area of which depends on their geographical location, power, and frequency. It is recommended that Class B stations be located so that the interference received from other stations will not limit the service area to a groundwave contour value greater than 2.0 mV/m nighttime and to the 0.5 mV/m groundwave contour daytime, which are the values for the mutual protection between this class of stations and other stations of the same class. Note: See §§ 73.21(b)(1) and 73.26(b) concerning power restrictions and classifications relative to Class B, Class C, and Class D stations in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands. Stations in the above-named places that are reclassified from Class C to Class B stations under § 73.26(b) shall not be authorized to increase power to levels that would increase the nighttime interference-free limit of co-channel Class C stations in the conterminous United States. ( 3 ) Class C stations operate on local channels, normally rendering primary service to a community and the suburban or rural areas immediately contiguous thereto, with powers not less than 0.25 kW, nor more than 1 kW, except as provided in § 73.21(c)(1) . Such stations are normally protected to the daytime 0.5 mV/m contour. On local channels the separation required for the daytime protection shall also determine the nighttime separation. Where directional antennas are employed daytime by Class C stations operating with more than 0.25 kW power, the separations required shall in no case be less than those necessary to afford protection, assuming nondirectional operation with 0.25 kW. In no case will 0.25 kW or greater nighttime power be authorized to a station unable to operate nondirectionally with a power of 0.25 kW during daytime hours. The actual nighttime limitation will be calculated. For nighttime protection purposes, Class C stations in the 48 contiguous United States may assume that stations in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands operating on 1230, 1240, 1340, 1400, 1450, and 1490 kHz are Class C stations. ( 4 ) Class D stations operate on clear and regional channels with daytime powers of not less than 0.25 kW (or equivalent RMS field of 107.5 mV/m at 1 kilometer if less than 0.25 kW) and not more than 50 kW. Class D stations that have previously received nighttime authority to operate with powers of less 0.25 kW (or equivalent RMS fields of less than 107.5 mV/m at 1 kilometer) are not required to provide nighttime coverage in accordance with § 73.24(i) and are not protected from interference during nighttime hours. Such nighttime authority is permitted on the basis of full nighttime protection being afforded to all Class A and Class B stations. ( b ) When a station is already limited by interference from other stations to a contour value greater than that normally protected for its class, the individual received limits shall be the established standard for such station with respect to interference from each other station. ( c ) The four classes of AM broadcast stations have in general three types of service areas, i.e. , primary, secondary and intermittent. (See § 73.14 for the definitions of primary, secondary, and intermittent service areas.) Class A stations render service to all three areas. Class B stations render service to a primary area but the secondary and intermittent service areas may be materially limited or destroyed due to interference from other stations, depending on the station assignments involved. Class C and Class D stations usually have only primary service areas. Interference from other stations may limit intermittent service areas and generally prevents any secondary service to those stations which operate at night. Complete intermittent service may still be obtained in many cases depending on the station assignments involved. ( d ) The groundwave signal strength required to render primary service is 2 mV/m for communities with populations of 2,500 or more and 0.5 mV/m for communities with populations of less than 2,500. See § 73.184 for curves showing distance to various groundwave field strength contours for different frequencies and ground conductivities, and also see § 73.183 , “Groundwave signals.” ( e ) A Class C station may be authorized to operate with a directional antenna during daytime hours providing the power is at least 0.25 kW. In computing the degrees of protection which such antenna will afford, the radiation produced by the directional antenna system will be assumed to be no less, in any direction, than that which would result from non-directional operation using a single element of the directional array, with 0.25 kW. ( f ) All classes of broadcast stations have primary service areas subject to limitation by fading and noise, and interference from other stations to the contours set out for each class of station. ( g ) Secondary service is provided during nighttime hours in areas where the skywave field strength, 50% or more of the time, is 0.5 mV/m or greater (0.1 mV/m in Alaska). Satisfactory secondary service to cities is not considered possible unless the field strength of the skywave signal approaches or exceeds the value of the groundwave field strength that is required for primary service. Secondary service is subject to some interference and extensive fading whereas the primary service area of a station is subject to no objectionable interference or fading. Only Class A stations are assigned on the basis of rendering secondary service. Note: Standards have not been established for objectionable fading because of the relationship to receiver characteristics. Selective fading causes audio distortion and signal strength reduction below the noise level, objectionable characteristics inherent in many modern receivers. The AVC circuits in the better designed receivers generally maintain the audio output at a sufficiently constant level to permit satisfactory reception during most fading conditions. ( h ) Intermittent service is rendered by the groundwave and begins at the outer boundary of the primary service area and extends to a distance where the signal strength decreases to a value that is too low to provide any service. This may be as low as a few µV/m in certain areas and as high as several millivolts per meter in other areas of high noise level, interference from other stations, or objectionable fading at night. The intermittent service area may vary widely from day to night and generally varies over shorter intervals of time. Only Class A stations are protected from interference from other stations to the intermittent service area. ( i ) Broadcast stations are licensed to operate unlimited time, limited time, daytime, share time, and specified hours. (See §§ 73.1710 , 73.1725 , 73.1720 , 73.1715 , and 73.1730 .) Applications for new stations shall specify unlimited time operation only. ( j ) Section 73.24 sets out the general requirements for modifying the facilities of a licensed station and for establishing a new station. Sections 73.24(b) and 73.37 include interference related provisions that be considered in connection with an application to modify the facilities of an existing station or to establish a new station. Section 73.30 describes the procedural steps required to receive an authorization to operate in the 1605-1705 kHz band. ( k ) Objectionable nighttime interference from a broadcast station occurs when, at a specified field strength contour with respect to the desired station, the field strength of an undesired station (co-channel or first adjacent channel, after application of proper protection ratio) exceeds for 10% or more of the time the values set forth in these standards. The value derived from the root-sum-square of all interference contributions represents the extent of a station's interference-free coverage. ( 1 ) With respect to the root-sum-square (RSS) values of interfering field strengths referred to in this section, calculation of nighttime interference-free service is accomplished by considering the signals on the three channels of concern (co- and first adjacencies) in order of decreasing magnitude, adding the squares of the values and extracting the square root of the sum, excluding those signals which are less than 50% of the RSS values of the higher signals already included. ( 2 ) With respect to the root-sum-square values of interfering field strengths referred to in this section, calculation of nighttime interference for non-coverage purposes is accomplished by considering the signals on the three channels of concern (co- and first adjacencies) in order of decreasing magnitude, adding the squares of the values and extracting the square root of the sum, excluding those signals which are less than 25% of the RSS values of the higher signals already included. ( 3 ) With respect to the root-sum-square values of interfering field strengths referred to in this section, calculation is accomplished by considering the signals on the three channels of concern (co- and first adjacencies) in order of decreasing magnitude, adding the squares of the values and extracting the square root of the sum. The 0% exclusion method applies only to the determination of an improvement factor value for evaluating a station's eligibility for migration to the band 1605-1705 kHz. ( 4 ) The RSS value will not be considered to be increased when a new interfering signal is added which is less than the appropriate exclusion percentage as applied to the RSS value of the interference from existing stations, and which at the same time is not greater than the smallest signal included in the RSS value of interference from existing stations. ( 5 ) It is recognized that application of the above “50% exclusion” method (or any exclusion method using a per cent value greater than zero) of calculating the RSS interference may result in some cases in anomalies wherein the addition of a new interfering signal or the increase in value of an existing interfering signal will cause the exclusion of a previously included signal and may cause a decrease in the calculated RSS value of interference. In order to provide the Commission with more realistic information regarding gains and losses in service (as a basis for determination of the relative merits of a proposed operation) the following alternate method for calculating the proposed RSS values of interference will be employed wherever applicable. ( 6 ) In the cases where it is proposed to add a new interfering signal which is not less than 50% (or 25%, depending on which study is being performed) of the RSS value of interference from existing stations or which is greater that the smallest signal already included to obtain this RSS value, the RSS limitation after addition of the new signal shall be calculated without excluding any signal previously included. Similarly, in cases where it is proposed to increase the value of one of the existing interfering signals which has been included in the RSS value, the RSS limitation after the increase shall be calculated without excluding the interference from any source previously included. ( 7 ) If the new or increased signal proposed in such cases is ultimately authorized, the RSS values of interference to other stations affected will thereafter be calculated by the “50% exclusion” (or 25% exclusion, depending on which study is being performed) method without regard to this alternate method of calculation. ( 8 ) Examples of RSS interference calculations: ( i ) Existing interferences: Station No. 1—1.00 mV/m. Station No. 2—0.60 mV/m. Station No. 3—0.59 mV/m. Station No. 4—0.58 mV/m. The RSS value from Nos. 1, 2 and 3 is 1.31 mV/m; therefore interference from No. 4 is excluded for it is less than 50% of 1.31 mV/m. ( ii ) Station A receives interferences from: Station No. 1—1.00 mV/m. Station No. 2—0.60 mV/m. Station No. 3—0.59 mV/m. It is proposed to add a new limitation, 0.68 mV/m. This is more than 50% of 1.31 mV/m, the RSS value from Nos. 1, 2 and 3. The RSS value of Station No. 1 and of the proposed station would be 1.21 m/Vm which is more than twice as large as the limitation from Station No. 2 or No. 3. However, under the above provision the new signal and the three existing interferences are nevertheless calculated for purposes of comparative studies, resulting in an RSS value of 1.47 mV/m. However, if the proposed station is ultimately authorized, only No. 1 and the new signal are included in all subsequent calculations for the reason that Nos. 2 and 3 are less than 50% of 1.21 mV/m, the RSS value of the new signal and No. 1. ( iii ) Station A receives interferences from: Station No. 1—1.00 mV/m. Station No. 2—0.60 mV/m. Station No. 3—0.59 mV/m. No. 1 proposes to increase the limitation it imposes on Station A to 1.21 mV/m. Although the limitations from stations Nos. 2 and 3 are less than 50% of the 1.21 mV/m limitation, under the above provision they are nevertheless included for comparative studies, and the RSS limitation is calculated to be 1.47 mV/m. However, if the increase proposed by Station No. 1 is authorized, the RSS value then calculated is 1.21 mV/m because Stations Nos. 2 and 3 are excluded in view of the fact that the limitations they impose are less than 50% of 1.21 mV/m. Note: The principles demonstrated in the previous examples for the calculation of the 50% exclusion method also apply to calculations using the 25% exclusion method after appropriate adjustment. ( l ) Objectionable nighttime interference from a station shall be considered to exist to a station when, at the field strength contour specified in paragraph (q) of this section with respect to the class to which the station belongs, the field strength of an interfering station operating on the same channel or on a first adjacent channel after signal adjustment using the proper protection ratio, exceeds for 10% or more of the time the value of the permissible interfering signal set forth opposite such class in paragraph (q) of this section. ( m ) For the purpose of estimating the coverage and the interfering effects of stations in the absence of field strength measurements, use shall be made of Figure 8 of § 73.190 , which describes the estimated effective field (for 1 kW power input) of simple vertical omnidirectional antennas of various heights with ground systems having at least 120 quarter-wavelength radials. Certain approximations, based on the curve or other appropriate theory, may be made when other than such antennas and ground systems are employed, but in any event the effective field to be employed shall not be less than the following: Class of station Effective field (at 1 km) All Class A (except Alaskan) 275 mV/m. Class A (Alaskan), B and D 215 mV/m. Class C 180 mV/m. Note (1): When a directional antenna is employed, the radiated signal of a broadcasting station will vary in strength in different directions, possibly being greater than the above values in certain directions and less in other directions depending upon the design and adjustment of the directional antenna system. To determine the interference in any direction, the measured or calculated radiated field (unattenuated field strength at 1 kilometer from the array) must be used in conjunction with the appropriate propagation curves. (See § 73.185 for further discussion and solution of a typical directional antenna case.) Note (2): For Class B stations in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands, 180 mV/m shall be used. ( n ) The existence or absence of objectionable groundwave interference from stations on the same or adjacent channels shall be determined by actual measurements made in accordance with the method described in § 73.186 , or in the absence of such measurements, by reference to the propagation curves of § 73.184 . The existence or absence of objectionable interference due to skywave propagation shall be determined by reference to Formula 2 in § 73.190 . ( o ) Computation of skywave field strength values: — ( 1 ) Fifty percent skywave field strength values (clear channel). In computing the fifty percent skywave field strength values of a Class A clear channel station, use shall be made of Formula 1 of § 73.190 , entitled “Skywave Field Strength” for 50 percent of the time. ( 2 ) Ten percent skywave field strength values. In computing the 10% skywave field strength for stations on a single signal or an RSS basis, Formula 2 in § 73.190 shall be used. ( 3 ) Determination of angles of departure. In calculating skywave field strength for stations on all channels, the pertinent vertical angle shall be determined by use of the formula in § 73.190(d) . ( p ) The distance to any specified groundwave field strength contour for any frequency may be determined from the appropriate curves in § 73.184 entitled “Ground Wave Field Strength vs. Distance.” ( q ) Normally protected service contours and permissible interference signals for broadcast stations are as follows (for Class A stations, see also paragraph (a) of this section): Class of station Class of channel used Signal strength contour of area protected from objectionable interference [remove footnote reference] (µV/m) Permissible interfering signal (µV/m) Day 1 Night Day 1 Night 2 A Clear SC 100 SC 500 50% SW SC 5 SC 25. AC 500 AC 500 GW AC 250 AC 250. A (Alaskan) ......do SC 100 SC 100 50% SW SC 5 SC 5. AC 500 AC 500 GW AC 250 AC 250. B Clear 500 2000 1 25 25. Regional AC 250 250. C Local 500 No presc. 3 SC 25 Not presc. D Clear 500 Not presc. SC 25 Not presc. Regional AC 250 1 Groundwave. 2 Skywave field strength for 10 percent or more of the time. 3 During nighttime hours, Class C stations in the contiguous 48 States may treat all Class B stations assigned to 1230, 1240, 1340, 1400, 1450, and 1490 kHz in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands as if they were Class C stations. Note: SC = Same channel; AC = Adjacent channel; SW = Skywave; GW = Groundwave ( r ) The following table of logarithmic expressions is to be used as required for determining the minimum permissible ratio of the field strength of a desired to an undesired signal. This table shall be used in conjunction with the protected contours specified in paragraph (q) of this section. Frequency separation of desired to undesired signals (kHz) Desired Groundwave to: Desired 50% Skywave to Undesired 10% Skywave (dB) Undesired groundwave (dB) Undesired 10% Skywave (dB) 0 26 26 26 10 6 6 not presc. ( s ) Two stations, one with a frequency twice of the other, should not be assigned in the same groundwave service area unless special precautions are taken to avoid interference from the second harmonic of the station operating on the lower frequency. Additionally, in selecting a frequency, consideration should be given to the fact that occasionally the frequency assignment of two stations in the same area may bear such a relation to the intermediate frequency of some broadcast receivers as to cause “image” interference, However, since this can usually be rectified by readjustment of the intermediate frequency of such receivers, the Commission, in general, will not take this kind of interference into consideration when authorizing stations. ( t ) The groundwave service of two stations operating with synchronized carriers and broadcasting identical programs will be subject to some distortion in areas where the signals from the two stations are of comparable strength. For the purpose of estimating coverage of such stations, areas in which the signal ratio is between 1:2 and 2:1 will not be considered as receiving satisfactory service. Note: Two stations are considered to be operated synchronously when the carriers are maintained within 0.2 Hz of each other and they transmit identical program s. [ 56 FR 64862 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992, as amended at 58 FR 27950 , May 12, 1993; 81 FR 2759 , Jan. 19, 2016] § 73.183 Groundwave signals. ( a ) Interference that may be caused by a proposed assignment or an existing assignment during daytime hours should be determined, when possible, by measurements on the frequency involved or on another frequency over the same terrain and by means for the curves in § 73.184 entitled “Ground Wave Field Strength versus Distance.” Note: Groundwave field strength measurements will not be accepted or considered for the purpose of establishing that interference to a station in a foreign country other than Canada, or that the field strength at the border thereof, would be less than indicated by the use of the ground conductivity maps and engineering standards contained in this part and applicable international agreements. Satisfactory groundwave measurements offered for the purpose of demonstrating values of conductivity other than those shown by Figure M3 in problems involving protection of Canadian stations will be considered only if, after review thereof, the appropriate agency of the Canadian government notifies the Commission that they are acceptable for such purpose. ( b ) ( 1 ) In all cases where measurements taken in accordance with the requirements are not available, the groundwave strength must be determined by means of the pertinent map of ground conductivity and the groundwave curves of field strength versus distance. The conductivity of a given terrain may be determined by measurements of any broadcast signal traversing the terrain involved. Figure M3 (See Note 1) shows the conductivity throughout the United States by general areas of reasonably uniform conductivity. When it is clear that only one conductivity value is involved, Figure R3 of § 73.190 , may be used. It is a replica of Figure M3, and is contained in these standards. In all other situations Figure M3 must be employed. It is recognized that in areas of limited size or over a particular path, the conductivity may vary widely from the values given; therefore, these maps are to be used only when accurate and acceptable measurements have not been made. ( 2 ) For determinations of interference and service requiring a knowledge of ground conductivities in other countries, the ground conductivity maps comprising Appendix 1 to Annex 2 of each of the following international agreements may be used: ( i ) For Canada, the U.S.-Canada AM Agreement, 1984; ( ii ) For Mexico, the U.S.-Mexico AM Agreement, 1986; and ( iii ) For other Western Hemisphere countries, the Regional Agreement for the Medium Frequency Broadcasting Service in Region 2. Where different conductivities appear in the maps of two countries on opposite sides of the border, such differences are to be considered as real, even if they are not explained by geophysical cleavages. ( c ) Example of determining interference by the graphs in § 73.184 : It is desired to determine whether objectionable interference exists between a proposed 5 kW Class B station on 990 kHz and an existing 1 kW Class B station on first adjacent channel, 1000 kHz. The distance between the two stations is 260 kilometers and both stations operate nondirectionally with antenna systems that produce a horizontal effective field of 282 in mV/m at one kilometer. (See § 73.185 regarding use of directional antennas.) The ground conductivity at the site of each station and along the intervening terrain is 6 mS/m. The protection to Class B stations during daytime is to the 500 µV/m (0.5 Vm) contour using a 6 dB protection factor. The distance to the 500 µV/m groundwave contour of the 1 kW station is determined by the use of the appropriate curve in § 73.184 . Since the curve is plotted for 100 mV/m at a 1 kilometer, to find the distance of the 0.5 mV/m contour of the 1 kw station, it is necessary to determine the distance to the 0.1773 m/Vm contour. (100 × 0.5 / 282 = 0.1773) Using the 6 mS/m curve, the estimated radius of the 0.5 mV/m contour is 62.5 kilometers. Subtracting this distance from the distance between the two stations leaves 197.5 kilometers. Using the same propagation curve, the signal from the 5 kW station at this distance is seen to be 0.059 mV/m. Since a protection ratio of 6 dB, desired to undesired signal, applies to stations separated by 10 kHz, the undesired signal could have had a value of up to 0.25 mV/m without causing objectionable interference. For co-channel studies, a desired to undesired signal ratio of no less than 20:1 (26 dB) is required to avoid causing objectionable interference. ( d ) Where a signal traverses a path over which different conductivities exist, the distance to a particular groundwave field strength contour shall be determined by the use of the equivalent distance method. Reasonably accurate results may be expected in determining field strengths at a distance from the antenna by application of the equivalent distance method when the unattenuated field of the antenna, the various ground conductivities and the location of discontinuities are known. This method considers a wave to be propagated across a given conductivity according to the curve for a homogeneous earth of that conductivity. When the wave crosses from a region of one conductivity into a region of a second conductivity, the equivalent distance of the receiving point from the transmitter changes abruptly but the field strength does not. From a point just inside the second region the transmitter appears to be at that distance where, on the curve for a homogeneous earth of the second conductivity, the field strength equals the value that occurred just across the boundary in the first region. Thus the equivalent distance from the receiving point to the transmitter may be either greater or less than the actual distance. An imaginary transmitter is considered to exist at that equivalent distance. This technique is not intended to be used as a means of evaluating unattenuated field or ground conductivity by the analysis of measured data. The method to be employed for such determinations is set out in § 73.186 . ( e ) Example of the use of the equivalent distance method; It is desired to determine the distance to the 0.5 mV/m and 0.025 mV/m contours of a station on a frequency of 1000 kHz with an inverse distance field of 100 mV/m at one kilometer being radiated over a path having a conductivity of 10 mS/m for a distance of 20 kilometers, 5 mS/m for the next 30 kilometers and 15 mS/m thereafter. Using the appropriate curve in § 73.184 , Graph 12, at a distance of 20 kilometers on the curve for 10 mS/m, the field strength is found to be 2.84 mV/m. On the 5mS/m curve, the equivalent distance to this field strength is 14.92 kilometers, which is 5.08 (20−14.92 kilometers nearer to the transmitter. Continuing on the propagation curve, the distance to a field strength of 0.5 mV/m is found to be 36.11 kilometers. The actual length of the path travelled, however, is 41.19 (36.11 + 5.08) kilometers. Continuing on this propagation curve to the conductivity change at 44.92 (50.00−5.08) kilometers, the field strength is found to be 0.304 mV/m. On the 15 mS/m propagation curve, the equivalent distance to this field strength is 82.94 kilometers, which changes the effective path length by 38.02 (82.94−44.92) kilometers. Continuing on this propagation curve, the distance to a field strength of 0.025 mV/m is seen to be 224.4 kilometers. The actual length of the path travelled, however, is 191.46 (224.4 + 5.08−38.02) kilometers. [ 28 FR 13574 , Dec. 14, 1963, as amended at 44 FR 36037 , June 20, 1979; 48 FR 9011 , Mar. 3, 1983; 50 FR 18822 , May 2, 1985; 50 FR 24522 , June 11, 1985; 51 FR 9965 , Mar. 24, 1986; 54 FR 39736 , Sept. 28, 1989; 56 FR 64866 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992] § 73.184 Groundwave field strength graphs. ( a ) Graphs 1 to 20 show, for each of 20 frequencies, the computed values of groundwave field strength as a function of groundwave conductivity and distance from the source of radiation. The groundwave field strength is considered to be that part of the vertical component of the electric field which has not been reflected from the ionosphere nor from the troposphere. These 20 families of curves are plotted on log-log graph paper and each is to be used for the range of frequencies shown thereon. Computations are based on a dielectric constant of the ground (referred to air as unity) equal to 15 for land and 80 for sea water and for the ground conductivities (expressed in mS/m) given on the curves. The curves show the variation of the groundwave field strength with distance to be expected for transmission from a vertical antenna at the surface of a uniformly conducting spherical earth with the groundwave constants shown on the curves. The curves are for an antenna power of such efficiency and current distribution that the inverse distance (unattenuated) field is 100 mV/m at 1 kilometer. The curves are valid for distances that are large compared to the dimensions of the antenna for other than short vertical antennas. ( b ) The inverse distance field (100 mV/m divided by the distance in kilometers) corresponds to the groundwave field intensity to be expected from an antenna with the same radiation efficiency when it is located over a perfectly conducting earth. To determine the value of the groundwave field intensity corresponding to a value of inverse distance field other than 100 mV/m at 1 kilometer, multiply the field strength as given on these graphs by the desired value of inverse distance field at 1 kilometer divided by 100; for example, to determine the groundwave field strength for a station with an inverse distance field of 2700 mV/m at 1 kilometer, simply multiply the values given on the charts by 27. The value of the inverse distance field to be used for a particular antenna depends upon the power input to the antenna, the nature of the ground in the neighborhood of the antenna, and the geometry of the antenna. For methods of calculating the interrelations between these variables and the inverse distance field, see “The Propagation of Radio Waves Over the Surface of the Earth and in the Upper Atmosphere,” Part II, by Mr. K.A. Norton, Proc. I.R.E., Vol. 25, September 1937, pp. 1203-1237. Note: The computed values of field strength versus distance used to plot Graphs 1 to 20 are available in tabular form. For information on obtaining copies of these tabulations call or write the Consumer Affairs Office, Federal Communications Commission, Washington, DC 20554, (202) 632-7000. ( c ) Provided the value of the dielectric constant is near 15, the ground conductivity curves of Graphs 1 to 20 may be compared with actual field strength measurement data to determine the appropriate values of the ground conductivity and the inverse distance field strength at 1 kilometer. This is accomplished by plotting the measured field strengths on transparent log-log graph paper similar to that used for Graphs 1 to 20 and superimposing the plotted graph over the Graph corresponding to the frequency of the station measured. The plotted graph is then shifted vertically until the plotted measurement data is best aligned with one of the conductivity curves on the Graph; the intersection of the inverse distance line on the Graph with the 1 kilometer abscissa on the plotted graph determines the inverse distance field strength at 1 kilometer. For other values of dielectric constant, the following procedure may be used to determine the dielectric constant of the ground, the ground conductivity and the inverse distance field strength at 1 kilometer. Graph 21 gives the relative values of groundwave field strength over a plane earth as a function of the numerical distance p and phase angle b. On graph paper with coordinates similar to those of Graph 21, plot the measured values of field strength as ordinates versus the corresponding distances from the antenna in kilometers as abscissae. The data should be plotted only for distances greater than one wavelength (or, when this is greater, five times the vertical height of the antenna in the case of a nondirectional antenna or 10 times the spacing between the elements of a directional antenna) and for distances less than 80f 1/3 MHz kilometers ( i.e. , 80 kilometers at 1 MHz). Then, using a light box, place the plotted graph over Graph 21 and shift the plotted graph vertically and horizontally (making sure that the vertical lines on both sheets are parallel) until the best fit with the data is obtained with one of the curves on Graph 21. When the two sheets are properly lined up, the value of the field strength corresponding to the intersection of the inverse distance line of Graph 21 with the 1 kilometer abscissa on the data sheet is the inverse distance field strength at 1 kilometer, and the values of the numerical distance at 1 kilometer, p 1 , and of b are also determined. Knowing the values of b and p 1 (the numerical distance at one kilometer), we may substitute in the following approximate values of the ground conductivity and dielectric constant. (R/λ) 1 = Number of wavelengths in 1 kilometer, f MHz = frequency expressed in megahertz, ε = dielectric constant on the ground referred to air as unity. First solve for χ by substituting the known values of p 1 , (R/λ) 1 , and cos b in equation (1). Equation (2) may then be solved for δ and equation (3) for ε. At distances greater than 80/f 1/3 MHz kilometers the curves of Graph 21 do not give the correct relative values of field strength since the curvature of the earth weakens the field more rapidly than these plane earth curves would indicate. Thus, no attempt should be made to fit experimental data to these curves at the larger distances. Note: For other values of dielectric constant, use can be made of the computer program which was employed by the FCC in generating the curves in Graphs 1 to 20. For information on obtaining a printout of this program, call or write the Consumer Affairs Office, Federal Communications Commission, Washington, DC 200554, (202) 632-7000. ( d ) At sufficiently short distances (less than 55 kilometers at AM broadcast frequencies), such that the curvature of the earth does not introduce an additional attenuation of the waves, the curves of Graph 21 may be used to determine the groundwave field strength of transmitting and receiving antennas at the surface of the earth for any radiated power, frequency, or set of ground constants. First, trace the straight inverse distance line corresponding to the power radiated on transparent log-log graph paper similar to that of Graph 21, labelling the ordinates of the chart in terms of field strength, and the abscissae in terms of distance. Next, using the formulas given on Graph 21, calculate the value of the numerical distance, p, at 1 kilometer, and the value of b. Then superimpose the log-log graph paper over Graph 21, shifting it vertically until both inverse distance lines coincide and shifting it horizontally until the numerical distance at 1 kilometer on Graph 21 coincides with 1 kilometer on the log-log graph paper. The curve of Graph 21 corresponding to the calculated value of b is then traced on the log-log graph paper giving the field strength versus distance in kilometers. ( e ) This paragraph consists of the following Graphs 1 to 20 and 21. Note: The referenced graphs are not published in the CFR, nor will they be included in the Commission's automated rules system. For information on obtaining copies of the graphs call or write the Consumer Affairs Office, Federal Communications Commission, Washington, DC 20554, Telephone: (202) 632-7000. [ 28 FR 13574 , Dec. 14, 1963, as amended at 50 FR 18823 , May 2, 1985; 51 FR 45891 , Dec. 23, 1986; 52 FR 36878 , Oct. 1, 1987; 56 FR 64866 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992] § 73.185 Computation of interfering signal. ( a ) Measured values of radiation are not to be used in calculating overlap, interference, and coverage. ( 1 ) In the case of an antenna which is intended to be non-directional in the horizontal plane, an ideal non-directional radiation pattern shall be used in determining interference, overlap, and coverage, even if the antenna is not actually non-directional. ( 2 ) In the case of an antenna which is directional in the horizontal plane, the radiation which shall be used in determining interference, overlap, and coverage is that calculated pursuant to § 73.150 or § 73.152 , depending on whether the station has a standard or modified standard pattern. ( 3 ) In the case of calculation of interference or overlap to (not from) a foreign station, the notified radiation shall be used, even if the notified radiation differs from that in paragraphs (a) (1) or (2) of this section. ( b ) For skywave signals from stations operating on all channels, interference shall be determined from the appropriate formulas and Figure 6a contained in § 73.190 . ( c ) The formulas in § 73.190(d) depicted in Figure 6a of § 73.190 , entitled “Angles of Departure versus Transmission Range” are to be used in determining the angles in the vertical pattern of the antenna of an interfering station to be considered as pertinent to transmission by one reflection. To provide for variation in the pertinent vertical angle due to variations of ionosphere height and ionosphere scattering, the curves 2 and 3 indicate the upper and lower angles within which the radiated field is to be considered. The maximum value of field strength occurring between these angles shall be used to determine the multiplying factor to apply to the 10 percent skywave field intensity value determined from Formula 2 in § 73.190 . The multiplying factor is found by dividing the maximum radiation between the pertinent angles by 100 mV/m. ( d ) Example of the use of skywave curves and formulas: Assume a proposed new Class B station from which interference may be expected is located at a distance of 724 kilometers from a licensed Class B station. The proposed station specifies geographic coordinates of 40°00′00″ N and 100°00′00″ W and the station to be protected is located at an azimuth of 45° true at geographic coordinates of 44°26′05″ N and 93°32′54″ W. The critical angles of radiation as determined from Figure 6a of § 73.190 for use with Class B stations are 9.6° and 16.6°. If the vertical pattern of the antenna of the proposed station in the direction of the existing station is such that, between the angles of 9.6° and 16.6° above the horizon the maximum radiation is 260 mV/m at one kilometer, the value of the 50% field, as derived from Formula 1 of § 73.190 , is 0.06217 mV/m at the location of the existing station. To obtain the value of the 10% field, the 50% value must be adjusted by a factor derived from Formula 2 of § 73.190 . The value in this case is 8.42 dB. Thus, the 10% field is 0.1616 mV/m. Using this in conjunction with the co-channel protection ratio of 26 dB, the resultant nighttime limit from the proposed station to the licensed station is 3.232 mV/m. ( e ) In the case of an antenna which is non-directional in the horizontal plane, the vertical distribution of the relative fields should be computed pursuant to § 73.160 . In the case of an antenna which is directional in the horizontal plane, the vertical pattern in the great circle direction toward the point of reception in question must first be calculated. In cases where the radiation in the vertical plane, at the pertinent azimuth, contains a large lobe at a higher angle than the pertinent angle for one reflection, the method of calculating interference will not be restricted to that just described; each such case will be considered on the basis of the best knowledge available. ( f ) In performing calculations to determine permissible radiation from stations operating presunrise or postsunset in accordance with § 73.99 , calculated diurnal factors will be multiplied by the values of skywave field strength for such stations obtained from Formula 1 or 2 of § 73.190 . ( 1 ) The diurnal factor is determined using the time of day at the mid-point of path between the site of the interfering station and the point at which interference is being calculated. Diurnal factors are computed using the formula D f = a + bF + cF 2 + dF 3 where: D f represents the diurnal factor, F is the frequency in MHz, a,b,c, and d are constants obtained from the tables in paragraph (k)(2) A diurnal factor greater than one will not be used in calculations and interpolation is to be used between calculated values where necessary. For reference purposes, curves for presunrise and postsunset diurnal factors are contained in Figures 13 and 14 of § 73.190 . ( 2 ) Constants used in calculating diurnal factors for the presunrise and postsunset periods are contained in paragraphs (f)(2) (i) and (ii) of this section respectively. The columns labeled T mp represent the number of hours before and after sunrise and sunset at the path midpoint. (i) Presunrise Constants T mp a b c d −2 1.3084 .0083 −.0155 .0144 −1.75 1.3165 −.4919 .6011 −.1884 −1.5 1.0079 .0296 .1488 −.0452 −1.25 .7773 .3751 −.1911 .0736 −1 .6230 .1547 .2654 −.1006 −.75 .3718 .1178 .3632 −.1172 −.5 .2151 .0737 .4167 −.1413 −.25 .2027 −.2560 .7269 −.2577 SR .1504 −.2325 .5374 −.1729 + .25 .1057 −.2092 .4148 −.1239 + 5. .0642 −.1295 .2583 −.0699 + .75 .0446 −.1002 .1754 −.0405 + 1 .0148 .0135 .0462 .0010 (ii) Postsunset Constants T mp a b c d 1.75 .9495 −.0187 .0720 −.0290 1.5 .7196 .3583 −.2280 .0611 1.25 .6756 .1518 .0279 −.0163 1.0 .5486 .1401 .0952 −.0288 .75 .3003 .4050 −.0961 .0256 .5 .1186 .4281 −.0799 .0197 .25 .0382 .3706 −.0673 .0171 SS .0002 .3024 −.0540 .0086 −.25 .0278 .0458 .1473 −.0486 −.5 .0203 .0132 .1166 −.0340 −.75 .0152 −.0002 .0786 −.0185 −1.0 −.0043 .0452 −.0040 .0103 −1.25 .0010 .0135 .0103 .0047 −1.5 .0018 .0052 .0069 .0042 −1.75 −.0012 .0122 −.0076 .0076 −2.0 −.0024 .0141 −.0141 .0091 Editorial Note Editorial Note: At 56 FR 64867 , Dec. 12, 1991, § 73.185 was amended by redesignating paragraphs (d), (e), (h), and (k) as (c), (d), (e), and (f), resulting in two consecutive paragraph (f)'s. These paragraphs will be correctly designated by a Federal Communication Commission document published in the Federal Register at a later date. ( f ) For stations operating on regional and local channels, interfering skywave field intensities shall be determined in accordance with the procedure specified in (d) of this section and illustrated in (e) of this section, except that Figure 2 of § 73.190 is used in place of Figure 1a and 1b and the formulas of § 73.190 . In using Figure 2 of § 73.190 , one additional parameter must be considered, i.e. , the variation of received field with the latitude of the path. ( g ) Figure 2 of § 73.190 , “10 percent Skywave Signal Range Chart,” shows the signal as a function of the latitude of the transmission path, which is defined as the geographic latitude of the midpoint between the transmitter and receiver. When using Figure 2 of § 73.190 , latitude 35° should be used in case the mid-point of the path lies below 35° North and latitude 50° should be used in case the mid-point of the path lies above 50° North. [ 30 FR 13783 , Oct. 29, 1965, as amended at 33 FR 15420 , Oct. 17, 1968; 46 FR 11995 , Feb. 12, 1981; 48 FR 42958 , Sept. 20, 1983; 50 FR 18843 , May 2, 1985; 56 FR 64867 , Dec. 12, 1991] § 73.186 Establishment of effective field at one kilometer. ( a ) Section 73.189 provides that certain minimum field strengths are acceptable in lieu of the required minimum physical heights of the antennas proper. Also, in other situations, it may be necessary to determine the effective field. The following requirements shall govern the taking and submission of data on the field strength produced: ( 1 ) Beginning as near to the antenna as possible without including the induction field and to provide for the fact that a broadcast antenna is not a point source of radiation (not less than one wave length or 5 times the vertical height in the case of a single element, i.e. , nondirectional antenna or 10 times the spacing between the elements of a directional antenna), measurements shall be made on six or more radials, at intervals of approximately 0.2 kilometer up to 3 kilometers from the antenna, at intervals of approximately one kilometer from 3 kilometers to 5 kilometers from the antenna, at intervals of approximately 2 kilometers from 5 kilometers to 15 kilometers from the antenna, and a few additional measurements if needed at greater distances from the antenna. Where the antenna is rurally located and unobstructed measurements can be made, there shall be at least 15 measurements on each radial. These shall include at least 7 measurements within 3 kilometers of the antenna. However, where the antenna is located in a city where unobstructed measurements are difficult to make, measurements shall be made on each radial at as many unobstructed locations as possible, even though the intervals are considerably less than stated above, particularly within 3 kilometers of the antenna. In cases where it is not possible to obtain accurate measurements at the closer distances (even out to 8 or 10 kilometers due to the character of the intervening terrain), the measurements at greater distances should be made at closer intervals. ( 2 ) The data required by paragraph (a)(1) of this section should be plotted for each radial in accordance with either of the two methods set forth below: ( i ) Using log-log coordinate paper, plot field strengths as ordinate and distance as abscissa. ( ii ) Using semi-log coordinate paper, plot field strength times distance as ordinate on the log scale and distance as abscissa on the linear scale. ( 3 ) However, regardless of which of the methods in paragraph (a)(2) of this section is employed, the proper curve to be drawn through the points plotted shall be determined by comparison with the curves in § 73.184 as follows: Place the sheet on which the actual points have been plotted over the appropriate Graph in § 73.184 , hold to the light if necessary and adjust until the curve most closely matching the points is found. This curve should then be drawn on the sheet on which the points were plotted, together with the inverse distance curve corresponding to that curve. The field at 1 kilometer for the radial concerned shall be the ordinate on the inverse distance curve at 1 kilometer. ( 4 ) When all radials have been analyzed in accordance with paragraph (a)(3) of this section, a curve shall be plotted on polar coordinate paper from the fields obtained, which gives the inverse distance field pattern at 1 kilometer. The radius of a circle, the area of which is equal to the area bounded by this pattern, is the effective field. (See § 73.14 .) ( 5 ) The antenna power of the station shall be maintained at the authorized level during all field measurements. The power determination will be made using the direct method as described in § 73.51(a) with instruments of acceptable accuracy specified in § 73.1215 . ( b ) Complete data taken in conjunction with the field strength measurements shall be submitted to the Commission in affidavit form including the following: ( 1 ) Tabulation by number of each point of measurement to agree with the maps required in paragraph (c) of this section, the date and time of each measurement, the field strength (E), the distance from the antenna (D) and the product of the field strength and distance (ED) (if data for each radial are plotted on semilogarithmic paper, see paragraph (a)(2)(ii) of this section) for each point of measurement. ( 2 ) Description of method used to take field strength measurements. ( 3 ) The family of theoretical curves used in determining the curve for each radial properly identified by conductivity and dielectric constants. ( 4 ) The curves drawn for each radial and the field strength pattern. ( 5 ) The antenna resistance at the operating frequency. ( 6 ) Antenna current or currents maintained during field strength measurements. ( c ) Maps showing each measurement point numbered to agree with the required tabulation shall be retained in the station records and shall be available to the FCC upon request. [ 28 FR 13574 , Dec. 14, 1963, as amended at 41 FR 44178 , Oct. 7, 1976; 46 FR 11995 , Feb. 12, 1981; 49 FR 49851 , Dec. 24, 1984; 50 FR 18843 , May 2, 1985; 50 FR 47055 , Nov. 14, 1985; 51 FR 2707 , Jan. 21, 1986; 52 FR 10570 , Apr. 2, 1987; 66 FR 20757 , Apr. 25, 2001] § 73.187 Limitation on daytime radiation. ( a ) ( 1 ) Except as otherwise provided in paragraphs (a)(2) and (3) of this section, no authorization will be granted for a Class B or Class D station on a frequency specified in § 73.25 if the proposed operation would radiate during the period of critical hours (the two hours after local sunrise and the two hours before local sunset) toward any point on the 0.1 mV/m contour of a co-channel U.S. Class A station, at or below the pertinent vertical angle determined from Curve 2 of Figure 6a of § 73.190 , values in excess of those obtained as provided in paragraph (b) of this section. ( 2 ) The limitation set forth in paragraph (a)(1) of this section shall not apply in the following cases: ( i ) Any Class B or Class D operation authorized before November 30, 1959; or ( ii ) For Class B and Class D stations authorized before November 30, 1959, subsequent changes of facilities which do not involve a change in frequency, an increase in radiation toward any point on the 0.1 mV/m contour of a co-channel U.S. Class A station, or the move of transmitter site materially closer to the 0.1 mV/m contour of such Class A station. ( 3 ) A Class B or Class D station authorized before November 30, 1959, and subsequently authorized to increase daytime radiation in any direction toward the 0.1 mV/m contour of a co-channel U.S. Class A station (without a change in frequency or a move of transmitter site materially closer to such contour), may not, during the two hours after local sunrise or the two hours before local sunset, radiate in such directions a value exceeding the higher of: ( i ) The value radiated in such directions with facilities last authorized before November 30, 1959, or ( ii ) The limitation specified in paragraph (a)(1) of this section. ( b ) To obtain the maximum permissible radiation for a Class B or Class D station on a given frequency from 640 through 990 kHz, multiply the radiation value obtained for the given distance and azimuth from the 500 kHz chart (Figure 9 of § 73.190 ) by the appropriate interpolation factor shown in the K 500 column of paragraph (c) of this section; and multiply the radiation value obtained for the given distance and azimuth from the 1000 kHz chart (Figure 10 of § 73.190 ) by the appropriate interpolation factor shown in the K 1000 column of paragraph (c) of this section. Add the two products thus obtained; the result is the maximum radiation value applicable to the Class B or Class D station in the pertinent directions. For frequencies from 1010 to 1580 kHz, obtain in a similar manner the proper radiation values from the 1000 and 1600 kHz charts (Figures 10 and 11 of § 73.190 ), multiply each of these values by the appropriate interpolation factors in the K′ 1000 and K′ 1600 columns in paragraph (c) of this section, and add the products. ( c ) Interpolation factors. ( 1 ) Frequencies below 1000 kHz. fkHz K 500 K 1000 640 0.720 0.280 650 0.700 0.300 660 0.680 0.320 670 0.660 0.340 680 0.640 0.360 690 0.620 0.380 700 0.600 0.400 710 0.580 0.420 720 0.560 0.440 730 0.540 0.460 740 0.520 0.480 750 0.500 0.500 760 0.480 0.520 770 0.460 0.540 780 0.440 0.560 800 0.400 0.600 810 0.380 0.620 820 0.360 0.640 830 0.340 0.660 840 0.320 0.680 850 0.300 0.700 860 0.280 0.720 870 0.260 0.740 880 0.240 0.760 890 0.220 0.780 900 0.200 0.800 940 0.120 0.880 990 0.020 0.980 ( 2 ) Frequencies above 1000 kHz. f′kHz K′ 1000 K′ 1600 1010 0.983 0.017 1020 0.967 0.033 1030 0.950 0.050 1040 0.933 0.067 1050 0.917 0.083 1060 0.900 0.100 1070 0.883 0.117 1080 0.867 0.133 1090 0.850 0.150 1100 0.833 0.167 1110 0.817 0.183 1120 0.800 0.200 1130 0.783 0.217 1140 0.767 0.233 1160 0.733 0.267 1170 0.717 0.283 1180 0.700 0.300 1190 0.683 0.317 1200 0.667 0.333 1210 0.650 0.350 1220 0.633 0.367 1500 0.167 0.833 1510 0.150 0.850 1520 0.133 0.867 1530 0.117 0.883 1540 0.100 0.900 1550 0.083 0.917 1560 0.067 0.933 1570 0.050 0.950 1580 0.033 0.967 [ 28 FR 13574 , Dec. 14, 1963, as amended at 49 FR 43962 , Nov. 1, 1984; 56 FR 64868 , Dec. 12, 1991] § 73.189 Minimum antenna heights or field strength requirements. ( a ) Section 73.45 requires that all applicants for new, additional, or different broadcast facilities and all licensees requesting authority to move 0the transmitter of an existing station, shall specify a radiating system, the efficiency of which complies with the requirements of good engineering practice for the class and power of the station. ( b ) The specifications deemed necessary to meet the requirements of good engineering practice at the present state of the art are set out in detail below. ( 1 ) The licensee of a AM broadcast station requesting a change in power, time of operation, frequency, or transmitter location must also request authority to install a new antenna system or to make changes in the existing antenna system which will meet the minimum height requirements, or submit evidence that the present antenna system meets the minimum requirements with respect to field strength, before favorable consideration will be given thereto. (See § 73.186 .) In the event it is proposed to make substantial changes in an existing antenna system, the changes shall be such as to meet the minimum height requirements or will be permitted subject to the submission of field strength measurements showing that it meets the minimum requirements with respect to effective field strength. ( 2 ) These minimum actual physical vertical heights of antennas permitted to be installed are shown by curves A, B, and C of Figure 7 of § 73.190 as follows: ( i ) Class C stations, and stations in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands on 1230, 1240, 1340, 1400, 1450 and 1490 kHz that were formerly Class C and were redesignated as Class B pursuant to § 73.26(b) , 45 meters or a minimum effective field strength of 180 mV/m for 1 kW at 1 kilometer (90 mV/m for 0.25 kW at 1 kilometer). (This height applies to a Class C station on a local channel only. Curve A shall apply to any Class C stations in the 48 conterminous States that are assigned to Regional channels.) ( ii ) Class A (Alaska), Class B and Class D stations other than those covered in § 73.189(b)(2)(i) , a minimum effective field strength of 215 mV/m for 1 kW at 1 kilometer. ( iii ) Class A stations, a minimum effective field strength of 275 mV/m for 1 kW at 1 kilometer. ( 3 ) The heights given on the graph for the antenna apply regardless of whether the antenna is located on the ground or on a building. Except for the reduction of shadows, locating the antenna on a building does not necessarily increase the efficiency and where the height of the building is in the order of a quarter wave the efficiency may be materially reduced. ( 4 ) At the present development of the art, it is considered that where a vertical radiator is employed with its base on the ground, the ground system should consist of buried radial wires at least one-fourth wave length long. There should be as many of these radials evenly spaced as practicable and in no event less than 90. (120 radials of 0.35 to 0.4 of a wave length in length and spaced 3° is considered an excellent ground system and in case of high base voltage, a base screen of suitable dimensions should be employed.) ( 5 ) In case it is contended that the required antenna efficiency can be obtained with an antenna of height or ground system less than the minimum specified, a complete field strength survey must be supplied to the Commission showing that the field strength at a mile without absorption fulfills the minimum requirements. (See § 73.186 .) This field survey must be made by a qualified engineer using equipment of acceptable accuracy. ( 6 ) The main element or elements of a directional antenna system shall meet the above minimum requirements with respect to height or effective field strength. No directional antenna system will be approved which is so designed that the effective field of the array is less than the minimum prescribed for the class of station concerned, or in case of a Class A station less than 90 percent of the ground wave field which would be obtained from a perfect antenna of the height specified by Figure 7 of § 73.190 for operation on frequencies below 1000 kHz, and in the case of a Class B or Class D station less than 90 percent of the ground wave field which would be obtained from a perfect antenna of the height specified by Figure 7 of § 73.190 for operation on frequencies below 750 kHz. [ 28 FR 13574 , Dec. 14, 1963, as amended at 31 FR 8069 , June 8, 1966; 33 FR 15420 , Oct. 17, 1968; 44 FR 36038 , June 20, 1979; 50 FR 18844 , May 2, 1985; 51 FR 2707 , Jan. 21, 1986; 51 FR 4753 , Feb. 7, 1986; 52 FR 10570 , Apr. 2, 1987; 56 FR 64868 , Dec. 12, 1991; 81 FR 2760 , Jan. 19, 2016] § 73.190 Engineering charts and related formulas. ( a ) This section consists of the following Figures: 2, r3, 5, 6a, 7, 8, 9, 10, 11, 12, and 13. Additionally, formulas that are directly related to graphs are included. ( b ) Formula 1 is used for calculation of 50% skywave field strength values. Formula 1. Skywave field strength, 50% of the time (at SS + 6): The skywave field strength, F c (50), for a characteristic field strength of 100 mV/m at 1 km is given by: The slant distance, D , is given by: The geomagnetic latitude of the midpoint of the path, Φ M , is given by: Φ M = arcsin[sin a M sin 78.5° + cos a M cos 78.5° cos(69 + b M )]degrees (Eq. 3) The short great-circle path distance, d, is given by: Where: d ° = arccos[sin a T sin a R + cos a T cos a R cos( b R − b T )]degrees (Eq.5) Where: a T is the geographic latitude of the transmitting terminal (degrees) a R is the geographic latitude of the receiving terminal (degrees) b T is the geographic longitude of the transmitting terminal (degrees) b R is the geographic longitude of the receiving terminal (degrees) a M is the geographic latitude of the midpoint of the great-circle path (degrees) and is given by: b M is the geographic longitude of the midpoint of the great-circle path (degrees) and is given by: Note (1): If |F M | is greater than 60 degrees, equation (1) is evaluated for | F M | = 60 degrees. Note (2): North and east are considered positive; south and west negative. Note (3): In equation (7), k = −1 for west to east paths ( i.e. , b R > b T ), otherwise k = 1. ( c ) Formula 2 is used for calculation of 10% skywave field strength values. Formula 2. Skywave field strength, 10% of the time (at SS + 6): The skywave field strength, F c (10), is given by: F c (10) = F c (50) + Δ dB(µV/m) Where: Δ = 6 when | F M | <40 Δ = 0.2 | F M | − 2 when 40 ≤| F M | ≤60 Δ = 10 when | F M | >60 ( d ) Figure 6a depicts angles of departure versus transmission range. These angles may also be computed using the following formulas: Where: d = distance in kilometers n = 1 for 50% field strength values n = 2 or 3 for 10% field strength values and where K 1 = 0.00752 K 2 = 0.00938 K 3 = 0.00565 Note: Computations using these formulas should not be carried beyond 0.1 degree. ( e ) In the event of disagreement between computed values using the formulas shown above and values obtained directly from the figures, the computed values will control. [ 28 FR 13574 , Dec. 14, 1963, as amended at 30 FR 12720 , Oct. 6, 1965; 33 FR 15420 , Oct. 17, 1968; 48 FR 42959 , Sept. 20, 1983; 49 FR 43963 , Nov. 1, 1984; 50 FR 18844 , May 2, 1985; 51 FR 4753 , Feb. 7, 1986; 52 FR 36879 , Oct. 1, 1987; 56 FR 64869 , Dec. 12, 1991] Subpart B—FM Broadcast Stations § 73.201 Numerical designation of FM broadcast channels. The FM broadcast band consists of that portion of the radio frequency spectrum between 88 MHz and 108 MHz. It is divided into 100 channels of 200 kHz each. For convenience, the frequencies available for FM broadcasting (including those assigned to noncommercial educational broadcasting) are given numerical designations which are shown in the table below: Frequency (Mc/s) Channel No. 88.1 201 88.3 202 88.5 203 88.7 204 88.9 205 89.1 206 89.3 207 89.5 208 89.7 209 89.9 210 90.1 211 90.3 212 90.5 213 90.7 214 90.9 215 91.1 216 91.3 217 91.5 218 91.7 219 91.9 220 92.1 221 92.3 222 92.5 223 92.7 224 92.9 225 93.1 226 93.3 227 93.5 228 93.7 229 93.9 230 94.1 231 94.3 232 94.5 233 94.7 234 94.9 235 95.1 236 95.3 237 95.5 238 95.7 239 95.9 240 96.1 241 96.3 242 96.5 243 96.7 244 96.9 245 97.1 246 97.3 247 97.5 248 97.7 249 97.9 250 98.1 251 98.3 252 98.5 253 98.7 254 98.9 255 99.1 256 99.3 257 99.5 258 99.7 259 99.9 260 100.1 261 100.3 262 100.5 263 100.7 264 100.9 265 101.1 266 101.3 267 101.5 268 101.7 269 101.9 270 102.1 271 102.3 272 102.5 273 102.7 274 102.9 275 103.1 276 103.3 277 103.5 278 103.7 279 103.9 280 104.1 281 104.3 282 104.5 283 104.7 284 104.9 285 105.1 286 105.3 287 105.5 288 105.7 289 105.9 290 106.1 291 106.3 292 106.5 293 106.7 294 106.9 295 107.1 296 107.3 297 107.5 298 107.7 299 107.9 300 Note: The frequency 108.0 MHz may be assigned to VOR test stations subject to the condition that interference is not caused to the reception of FM broadcasting stations, present or future. [ 28 FR 13623 , Dec. 14, 1963, as amended at 30 FR 4480 , Apr. 7, 1965; 52 FR 10570 , Apr. 2, 1987] § 73.202 Table of Allotments. Cross Reference Link to an amendment published at 89 FR 65225 , Aug. 9, 2024. ( a ) General. The following Table of Allotments contains the channels (other than noncommercial educational Channels 201-220) designated for use in communities in the United States, its territories, and possessions, and not currently assigned to a licensee or permittee or subject to a pending application for construction permit or license. All listed channels are for Class B stations in Zones I and I-A and for Class C stations in Zone II unless otherwise specifically designated. Channels to which licensed, permitted, and “reserved” facilities have been assigned are reflected in the Media Bureau's publicly available Consolidated Data Base System. ( 1 ) Channels designated with an asterisk may be used only by noncommercial educational broadcast stations. The rules governing the use of those channels are contained in part 73, subpart C of this chapter . An entity that would be eligible to operate a noncommercial educational broadcast station can, in conjunction with an initial petition for rulemaking filed pursuant to part 1, subpart C of this chapter , request that a nonreserved FM channel (channels 221 through 300) be allotted as reserved only for noncommercial educational broadcasting by demonstrating the following: ( i ) No reserved channel can be used without causing prohibited interference to TV channel 6 stations or foreign broadcast stations; or ( ii ) The applicant is technically precluded from using the reserved band by existing stations or previously filed applications and the proposed station would provide a first or second noncommercial educational radio service to 2,000 or more people who constitute 10% of the population within the proposed allocation's 60 dBu (1 mV/m) service contour. ( 2 ) Each channel listed in the Table of Allotments reflects the class of station that is authorized to use it based on the minimum and maximum facility requirements for each class contained in § 73.211 . Note: The provisions of this paragraph [(a)(2) of this section] become effective [3 years from the effective date of the Report and Order in BC Docket 80-90]. ( b ) Table of FM Allotments. Table 1 to Paragraph (b) [U.S. States] Channel No. ALABAMA Camden 230A Hamilton 221A Maplesville 292A Thomaston 280C3 ALASKA Kotzebue 280A Yakutat 280A ARIZONA Aguila 297C2 Ajo 275A Desert Hills 292A Ehrenberg 228C2 First Mesa 281C Fredonia 266C1 Leupp 293C1 Overgaard 234C1 Parker 257C2 Paulden 228C3 Peach Springs 287A Pima 296A Salome 231A Sells 285A Snowflake 259C2 Tusayan 222C1 Wickenburg 229C3 ARKANSAS Hermitage 300A Lake Village 278C3 Rison 255A Strong 296C3 CALIFORNIA Alturas 277C Avenal 269A Boonville 300A Cartago 233A Cedarville 238A Coalinga 247B1 Coalinga 261B Cottonwood 221A Dos Palos 240A Earlimart 228A Essex 280B Firebaugh 234A Ford City 271A Ft. Bragg 253B1 Kettleman City 299A Lindsay 277B1 Ludlow 261B1 Portola 258A Randsburg 275A Sacramento 300B Tecopa 256A Visalia 241A Wasco 224A COLORADO Battlement Mesa 275C3 Calhan 284C3 Dinosaur 262C1 Dotsero 261A Eckley 257C1 Hugo 222A Idalia 231A Lake City 247A Olathe 270C2, 293C Stratton 246C1 Walden 226A Yampa 277C3 CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FLORIDA Big Coppitt Key 265C3 Cross City 249C3 Fort Walton Beach 295A Horseshoe Beach *234C3 Otter Creek 240A GEORGIA Pembroke 257C1 Plains 290A HAWAII Kekaha 298C3 Koloa 264A Lihue 296A Princeville 236C3 Puhi 280A Waimea 224C3 IDAHO Weiser 247C1 ILLINOIS Abingdon 291A Cedarville 258A Greenup 230A Mattoon 245B1 Pinckneyville 282A INDIANA Columbus 228A Fowler 291A Madison 265A IOWA Asbury 254A Dunkerton 280A Keosauqua 271C3 Moville 246A North English 246A Rockford 225A Rudd 268A KANSAS Council Grove 281C3 KENTUCKY Irvington 261A LOUISIANA Colfax 267A Florien 222A Golden Meadow 289C2 Haynesville 286A Hornbeck 269A Oil City 285A Wisner 300C3 MAINE MARYLAND MASSACHUSETTS Orange 247A West Tisbury 282A MICHIGAN Bear Lake 264C3 Carney 260A Custer 260A Houghton 242C1 Lake Isabella 255A Lexington *256A Onekama 227C3 Pigeon 267A MINNESOTA Grand Marais 245C3 Grand Portage 251A MISSISSIPPI Bruce 233A Calhoun City 272A Cleveland 226C2 Greenwood 230C3 McLain 245A New Albany 268A New Augusta 269A MISSOURI Bourbon 231A Bunker 292C3 Cuba 269A Eminence 281A Maryville 285C3 Wheatland 272A MONTANA Cut Bank 265C2 Valler 289C1 NEBRASKA Bayard 251A NEVADA Battle Mountain 253C2 Caliente 264A Owyhee 247C1 Tonopah 224A NEW HAMPSHIRE Enfield 282A Groveton 268A Jefferson 247A Stratford 254A NEW JERSEY NEW MEXICO Animas 279C1 Carrizozo 261C2 Chama 241C3 Clovis 272C3 Des Moines 287C Lovington 269C3 Skyline-Ganipa 240A NEW YORK Keeseville 231A Narrowsburg 275A Sagaponack 233A Shelter Island 277A Westfield 265A NORTH CAROLINA NORTH DAKOTA Beulah 250A Gackle 256C1 Medina 222C1 Sarles 290C1 OHIO Dennison 272A OKLAHOMA Arnett 293C2 Cheyenne 247C2 Clayton 262A Coalgate 242A Cordell 229A Covington 290A Savanna 275A Vici 249A Wayne 266A Weatherford 286A Wright City 295A OREGON Arlington 295C2 Diamond Lake 251A Huntington 228C1, 294C1 Independence 274C0 Monument 280C3 Vale 288C PENNSYLVANIA Liberty 298A RHODE ISLAND SOUTH CAROLINA Edgefield 238A SOUTH DAKOTA Edgemont 289C1 Murdo 265A TENNESSEE Englewood 250A Selmer 288A TEXAS Albany 255A Asherton 284A Aspermont 226C2 Balmorhea 283C Benjamin 237C3 Big Lake 246A, 252C2, 281C1, 296C3 Bogata 247A Bruni 293A Camp Wood 251C3 Canadian 235C1 Carrizo Springs 228A, 295A Centerville 274A Cotulla 289A Crystal Beach 268A Dalhart 261C2 Denver City 248C2 Dickens 240A, 294A Dilley 291A Eden 294A El Indio 236A Encino 250A, 283A Estelline 263C3 Fort Stockton 263C Freer 288A George West 292A Girard 248C3 Goree 277A Groom 223A, 273A Hale Center 236C1 Hamilton 263A Hamlin 283C2 Hereford 278C2 Iraan 269C2 Jayton 231C2 Junction 228C2, 277C3, 290A Kermit 289C3 Knox City 293A Leakey 275A, 299A Lockney 271C3 Lometa 253A Los Ybanez 253C2 Lovelady 288A Marathon 276C1 Marquez 296A Mason 239C2 Matador 244C2, 276C3 McCamey 233C3, 237C3 McLean 298C3 Memphis 292A Menard 265A, 292A Milano 274A Mullin 224A, 277A Munday 270C1 O'Donnell 249A Olney 282A Ozona 275A Palacios 259C1 Pearsall 277A Premont 264C3, 287A Richland Springs 235A, 299A Rising Star 290C3 Roaring Springs 227A Roby 290A Rocksprings 291A Roscoe 228A Rule 253A San Isidro 255A, 278A Sanderson 274C1 Sanger 281C3 Seymour 222C2 Sheffield 224C2 Silverton 221A Sonora 272C3 South Padre Island 288A Stamford 233A Teague 237C3 Trinity 251A Turkey 221C2 Van Alstyne 260A Wellington 248C3, 253C3 Wells 254A Westbrook 272A Wharton 277C2 Zapata 292A UTAH Huntington 287C3 Milford 288C Paragonah 258A VERMONT Barton 262A Hardwick 290A West Rutland 298A VIRGINIA WASHINGTON Coupeville 266A Kahlotus 283A Oak Harbor 233A Raymond 300A Trout Lake 236A WEST VIRGINIA WISCONSIN Ashland 275A Crandon 276A Hayward 232C2 Laona 272C3 Lac Du Flambeau 225A New Holstein 258A Tomahawk 265C3 WYOMING Albin 282C3 Bairoil 235C3 Basin 299C1 Cora 274C2 Dubois 242A Jackson 294C2 Lusk 242A Manville 255C1 Marbleton 257C1 Medicine Bow 259C3 Pine Bluffs 287A Ralston 233C Rawlins 298C2 Rozet 256C3 Wamsutter 285A Wheatland 286A, 293A [U.S. Territories] AMERICAN SAMOA CENTRAL MARIANAS GARAPAN GUAM PUERTO RICO VIRGIN ISLANDS Charlotte Amalie 237B Charlotte Amalie 275A [ 30 FR 12711 , Oct. 6, 1965] Editorial Note Editorial Note: For Federal Register citations affecting § 73.202 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.203 Availability of channels. ( a ) Except as provided for in paragraph (b) of this section and § 1.401(d) of this chapter and 73.3573(a)(1), applications may be filed to construct new FM broadcast stations only at the communities and on the channels contained in the Table of Allotments ( § 73.202(b) ). ( b ) Applications filed on a first come, first served basis for the minor modification of an existing FM broadcast station may propose any change in channel and/or class and/or community not defined as major in § 73.3573(a) . Applications for a change in community of license must comply with the requirements set forth in § 73.3573(g) . Note to § 73.203 : This section is limited to non-reserved band changes in channel and/or class and/or community. Applications requesting such changes must meet either the minimum spacing requirements of § 73.207 at the site specified in the application, without resort to the provisions of the Commission's rules permitting short spaced stations as set forth in §§ 73.213 through 73.215 , or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with §§ 73.207 and 73.315 without resort to §§ 73.213 through 73.215 . [ 71 FR 76219 , Dec. 20, 2006] § 73.204 International agreements and other restrictions on use of channels. See §§ 73.207 , 73.220 and 73.1650 . [ 49 FR 10264 , Mar. 20, 1984] § 73.205 Zones. For the purpose of allotments and assignments, the United States is divided into three zones as follows: ( a ) Zone I consists of that portion of the United States located within the confines of the following lines drawn on the United States Albers Equal Area Projection Map (based on standard parallels 291/2° and 451/2°; North American datum): Beginning at the most easterly point on the State boundary line between North Carolina and Virginia; thence in a straight line to a point on the Virginia-West Virginia boundary line located at north latitude 37°49′ and west longitude 80°12′30″; thence westerly along the southern boundary lines of the States of West Virginia, Ohio, Indiana, and Illinois to a point at the junction of the Illinois, Kentucky, and Missouri State boundary lines; thence northerly along the western boundary line of the State of Illinois to a point at the junction of the Illinois, Iowa, and Wisconsin State boundary lines; thence easterly along the northern State boundary line of Illinois to the 90th meridian; thence north along this meridian to the 43.5° parallel; thence east along this parallel to the United States-Canada border; thence southerly and following that border until it again intersects the 43.5° parallel; thence east along this parallel to the 71st meridian; thence in a straight line to the intersection of the 69th meridian and the 45th parallel; thence east along the 45th parallel to the Atlantic Ocean. When any of the above lines pass through a city, the city shall be considered to be located in Zone I. (See Figure 1 of § 73.699 .) ( b ) Zone I-A consists of Puerto Rico, the Virgin Islands and that portion of the State of California which is located south of the 40th parallel. ( c ) Zone II consists of Alaska, Hawaii and the rest of the United States which is not located in either Zone I or Zone I-A. [ 29 FR 14116 , Oct. 14, 1964, and 31 FR 10125 , July 27, 1966, as amended at 48 FR 29504 , June 27, 1983] § 73.207 Minimum distance separation between stations. ( a ) Except for assignments made pursuant to § 73.213 or 73.215 , FM allotments and assignments must be separated from other allotments and assignments on the same channel (co-channel) and five pairs of adjacent channels by not less than the minimum distances specified in paragraphs (b) and (c) of this section. The Commission will not accept petitions to amend the Table of Allotments unless the reference points meet all of the minimum distance separation requirements of this section. The Commission will not accept applications for new stations, or applications to change the channel or location of existing assignments unless transmitter sites meet the minimum distance separation requirements of this section, or such applications conform to the requirements of § 73.213 or 73.215 . However, applications to modify the facilities of stations with short-spaced antenna locations authorized pursuant to prior waivers of the distance separation requirements may be accepted, provided that such applications propose to maintain or improve that particular spacing deficiency. Class D (secondary) assignments are subject only to the distance separation requirements contained in paragraph (b)(3) of this section. (See § 73.512 for rules governing the channel and location of Class D (secondary) assignments.) ( b ) The distances listed in Tables 1, 2, and 3 of this paragraph (b) apply to allotments and assignments on the same channel and each of five pairs of adjacent channels. The five pairs of adjacent channels are the first (200 kHz above and 200 kHz below the channel under consideration), the second (400 kHz above and below), the third (600 kHz above and below), the fifty-third (10.6 MHz above and below), and the fifty-fourth (10.8 MHz above and below). The distances in the Tables apply regardless of whether the proposed station class appears first or second in the “Relation” column of the table. ( 1 ) Domestic distance separation. Domestic allotments and assignments must be separated from each other by not less than the distances in Table 1 to this paragraph (b) : Table 1 to Paragraph ( b )—Minimum Distance Separation Requirements in Kilometers [Miles] Relation Co-channel 200 kHz 400/600 kHz 10.6/10.8 MHz A to A 115 (71) 72 (45) 31 (19) 10 (6) A to B1 143 (89) 96 (60) 48 (30) 12 (7) A to B 178 (111) 113 (70) 69 (43) 15 (9) A to C3 142 (88) 89 (55) 42 (26) 12 (7) A to C2 166 (103) 106 (66) 55 (34) 15 (9) A to C1 200 (124) 133 (83) 75 (47) 22 (14) A to C0 215 (134) 152 (94) 86 (53) 25 (16) A to C 226 (140) 165 (103) 95 (59) 29 (18) B1 to B1 175 (109) 114 (71) 50 (31) 14 (9) B1 to B 211 (131) 145 (90) 71 (44) 17 (11) B1 to C3 175 (109) 114 (71) 50 (31) 14 (9) B1 to C2 200 (124) 134 (83) 56 (35) 17 (11) B1 to C1 233 (145) 161 (100) 77 (48) 24 (15) B1 to C0 248 (154) 180 (112) 87 (54) 27 (17) B1 to C 259 (161) 193 (120) 105 (65) 31 (19) B to B 241 (150) 169 (105) 74 (46) 20 (12) B to C3 211 (131) 145 (90) 71 (44) 17 (11) B to C2 241 (150) 169 (105) 74 (46) 20 (12) B to C1 270 (168) 195 (121) 79 (49) 27 (17) B to C0 272 (169) 214 (133) 89 (55) 31 (19) B to C 274 (170) 217 (135) 105 (65) 35 (22) C3 to C3 153 (95) 99 (62) 43 (27) 14 (9) C3 to C2 177 (110) 117 (73) 56 (35) 17 (11) C3 to C1 211 (131) 144 (90) 76 (47) 24 (15) C3 to C0 226 (140) 163 (101) 87 (54) 27 (17) C3 to C 237 (147) 176 (109) 96 (60) 31 (19) C2 to C2 190 (118) 130 (81) 58 (36) 20 (12) C2 to C1 224 (139) 158 (98) 79 (49) 27 (17) C2 to C0 239 (148) 176 (109) 89 (55) 31 (19) C2 to C 249 (155) 188 (117) 105 (65) 35 (22) C1 to C1 245 (152) 177 (110) 82 (51) 34 (21) C1 to C0 259 (161) 196 (122) 94 (58) 37 (23) C1 to C 270 (168) 209 (130) 105 (65) 41 (25) C0 to C0 270 (168) 207 (129) 96 (60) 41 (25) C0 to C 281 (175) 220 (137) 105 (65) 45 (28) C to C 290 (180) 241 (150) 105 (65) 48 (30) ( 2 ) Canadian border distance separation. Under the 1991 United States-Canada FM Broadcasting Agreement, as amended, any domestic U.S. allotment or assignment within 320 kilometers (199 miles) of the common border must either satisfy the contour overlap provisions set out in the Agreement or be separated from Canadian allotments and assignments by not less than the distance given in Table 2 to this paragraph (b) , using the distance calculation methodology set out in the Agreement. When applying Table 2, U.S. Class C0 allotments and assignments are considered to be Class C; U.S. Class C2 allotments and assignments are considered to be Class B; and U.S. Class C3 allotments and assignments are considered to be Class B1. Table 2 to Paragraph ( b )—Minimum Distance Separation Requirements in Kilometers [Canada] Relation Co-channel 200 kHz 400 kHz 600 kHz 10.6/10.8 MHz (I.F.) A1 to A1 78 45 24 20 4 A1 to A 131 78 44 40 7 A1 to B1 164 98 57 53 9 A1 to B 190 117 71 67 12 A1 to C1 223 148 92 88 19 A1 to C 227 162 103 99 26 A to A 151 98 51 42 10 A to B1 184 119 64 55 12 A to B 210 137 78 69 15 A to C1 243 168 99 90 22 A to C 247 182 110 101 29 B1 to B1 197 131 70 57 24 B1 to B 223 149 84 71 24 B1 to C1 256 181 108 92 40 B1 to C 259 195 116 103 40 B to B 237 164 94 74 24 B to C1 271 195 115 95 40 B to C 274 209 125 106 40 C1 to C1 292 217 134 101 48 C1 to C 302 230 144 111 48 C to C 306 241 153 113 48 ( 3 ) Mexican border distance separation. Under the 1992 United States-Mexico FM Broadcasting Agreement, any domestic U.S. assignment or allotment within 320 kilometers (199 miles) of the common border must either satisfy the contour overlap provisions set out in section 7.3 of the Agreement or be separated from Mexican assignments or allotments by not less than the distances given in Table 3 to this paragraph (b) , using the distance calculation methodology set out in the Agreement. The minimum required distance separation between I.F. allotments and assignments cannot be reduced. When applying Table 3— ( i ) U.S. or Mexican assignments or allotments which have been notified internationally as Class A are limited to a maximum of 3.0 kW ERP at 100 meters HAAT, or the equivalent; ( ii ) U.S. or Mexican assignments or allotments which have been notified internationally as Class AA are limited to a maximum of 6.0 kW ERP at 100 meters HAAT, or the equivalent; ( iii ) U.S. Class C3 assignments or allotments are considered Class B1; ( iv ) U.S. Class C2 assignments or allotments are considered Class B; ( v ) Class C1 assignments or allotments assume maximum facilities of 100 kW ERP at 300 meters HAAT. However, U.S. Class C1 stations may not, in any event, exceed the domestic U.S. limit of 100 kW ERP at 299 meters HAAT, or the equivalent; and ( vi ) U.S. Class C0 assignments or allotments are considered Class C. Table 3 to Paragraph ( b )—Minimum Distance Separation Requirements in Kilometers [Mexico] Relation Co-Channel 200 kHz 400 kHz or 600 kHz 10.6 or 10.8 MHz (I.F.) A to A 100 61 25 8 A to AA 111 68 31 9 A to B1 138 88 48 11 A to B 163 105 65 14 A to C1 196 129 74 21 A to C 210 161 94 28 AA to AA 115 72 31 10 AA to B1 143 96 48 12 AA to B 178 125 69 15 AA to C1 200 133 75 22 AA to C 226 165 95 29 B1 to B1 175 114 50 14 B1 to B 211 145 71 17 B1 to C1 233 161 77 24 B1 to C 259 193 96 31 B to B 237 164 65 20 B to C1 270 195 79 27 B to C 270 215 98 35 C1 to C1 245 177 82 34 C1 to C 270 209 102 41 C to C 290 228 105 48 ( c ) The distances listed below apply only to allotments and assignments on Channel 253 (98.5 MHz). The Commission will not accept petitions to amend the Table of Allotments, applications for new stations, or applications to change the channel or location of existing assignments where the following minimum distances (between transmitter sites, in kilometers) from any TV Channel 6 allotment or assignment are not met: Minimum Distance Separation From TV Channel 6 (82-88 MHz) FM Class TV Zone I TV Zones II & III A 17 22 B1 19 23 B 22 26 C3 19 23 C2 22 26 C1 29 33 C 36 41 [ 48 FR 29504 , June 27, 1983, as amended at 49 FR 10264 , Mar. 20, 1984; 49 FR 19670 , May 9, 1984; 49 FR 50047 , Dec. 26, 1984; 51 FR 26250 , July 22, 1986; 54 FR 14963 , Apr. 14, 1989; 54 FR 16366 , Apr. 24, 1989; 54 FR 19374 , May 5, 1989; 54 FR 35338 , Aug. 25, 1989; 56 FR 27426 , June 14, 1991; 56 FR 57293 , Nov. 8, 1991; 62 FR 50256 , Sept. 25, 1997; 65 FR 79776 , Dec. 20, 2000; 87 FR 15342 , Mar. 18, 2022] § 73.208 Reference points and distance computations. ( a ) ( 1 ) The following reference points must be used to determine distance separation requirements when petitions to amend the Table of Allotments ( § 73.202(b) ) are considered: ( i ) First, transmitter sites if authorized, or if proposed in applications with cut-off protection pursuant to paragraph (a)(3) of this section; ( ii ) Second, reference coordinates designated by the FCC; ( iii ) Third, coordinates listed in the United States Department of Interior publication entitled Index to the National Atlas of the United States of America; or ( iv ) Last, coordinates of the main post office. (The community's reference points for which the petition is submitted will normally be the coordinates listed in the above publication.) ( 2 ) When the distance between communities is calculated using community reference points and it does not meet the minimum separation requirements of § 73.207 , the channel may still be allotted if a transmitter site is available that would meet the minimum separation requirements and still permit the proposed station to meet the minimum field strength requirements of § 73.315 . A showing indicating the availability of a suitable site should be sumitted with the petition. In cases where a station is not authorized in a community or communities and the proposed channel cannot meet the separation requirement a showing should also be made indicating adequate distance between suitable transmitter sites for all communities. ( 3 ) Petitions to amend the Table of Allotments that do not meet minimum distance separation requirements to transmitter sites specified in pending applications will not be considered unless they are filed no later than: ( i ) The last day of a filing window if the application is for a new FM facility or a major change in the non-reserved band and is filed during a filing window established under section 73.3564(d)(3) ; or ( ii ) The cut-off date established in a Commission Public Notice under § 73.3564(d) and 73.3573(e) if the application is for a new FM facility or a major change in the reserved band; or ( iii ) The date of receipt of all other types of FM applications. If an application is amended so as to create a conflict with a petition for rule making filed prior to the date the amendment is filed, the amended application will be treated as if filed on the date of the amendment for purposes of this paragraph (a)(3) . Note: If the filing of a conflicting FM application renders an otherwise timely filed counterproposal unacceptable, the counterproposal may be considered in the rulemaking proceeding if it is amended to protect the site of the previously filed FM application within 15 days after being placed on the Public Notice routinely issued by the staff concerning the filing of counterproposals. No proposals involving communities not already included in the proceeding can be introduced during the reply comment period as a method of resolving conflicts. The counterproponent is required to make a showing that, at the time it filed the counterproposal, it did not know, and could not have known by exercising due diligence, of the pendency of the conflicting FM application. ( b ) Station separations in licensing proceedings shall be determined by the distance between the coordinates of the proposed transmitter site in one community and ( 1 ) The coordinates of an authorized transmitter site for the pertinent channel in the other community; or, where such transmitter site is not available for use as a reference point, ( 2 ) Reference coordinates designated by the FCC; or, if none are designated, ( 3 ) The coordinates of the other community as listed in the publication listed in paragraph (a) of this section; or, if not contained therein, ( 4 ) The coordinates of the main post office of such other community. ( 5 ) In addition, where there are pending applications in other communities which, if granted, would have to be considered in determining station separations, the coordinates of the transmitter sites proposed in such applications must be used to determine whether the requirements with respect to minimum separations between the proposed stations in the respective cities have been met. ( c ) The method given in this paragraph shall be used to compute the distance between two reference points, except that, for computation of distance involving stations in Canada and Mexico, the method for distance computation specified in the applicable international agreement shall be used instead. The method set forth in this paragraph is valid only for distances not exceeding 475 km (295 miles). ( 1 ) Convert the latitudes and longitudes of each reference point from degree-minute-second format to degree-decimal format by dividing minutes by 60 and seconds by 3600, then adding the results to degrees. ( 2 ) Calculate the middle latitude between the two reference points by averaging the two latitudes as follows: ML = (LAT1 dd + LAT2 dd ) ÷ 2 ( 3 ) Calculate the number of kilometers per degree latitude difference for the middle latitude calculated in paragraph (c)(2) as follows: KPD lat = 111.13209−0.56605 cos(2ML) + 0.00120 cos(4ML) ( 4 ) Calculate the number of kilometers per degree longitude difference for the middle latitude calculated in paragraph (c)(2) as follows: KPD lon = 111.41513 cos(ML)−0.09455 cos(3ML) + 0.00012 cos(5ML) ( 5 ) Calculate the North-South distance in kilometers as follows: NS = KPD lat (LAT1 dd −LAT2 dd ) ( 6 ) Calculate the East-West distance in kilometers as follows: EW = KPD lon (LON1 dd −LON2 dd ) ( 7 ) Calculate the distance between the two reference points by taking the square root of the sum of the squares of the East-West and North-South distances as follows: DIST = (NS 2 + EW 2 ) 0.5 ( 8 ) Round the distance to the nearest kilometer. ( 9 ) Terms used in this section are defined as follows: ( i ) LAT1 dd and LON1 dd = the coordinates of the first reference point in degree-decimal format. ( ii ) LAT2 dd and LON2 dd = the coordinates of the second reference point in degree-decimal format. ( iii ) ML = the middle latitude in degree-decimal format. ( iv ) KPD lat = the number of kilometers per degree of latitude at a given middle latitude. ( v ) KPD lon = the number of kilometers per degree of longitude at a given middle latitude. ( vi ) NS = the North-South distance in kilometers. ( vii ) EW = the East-West distance in kilometers. ( viii ) DIST = the distance between the two reference points, in kilometers. [ 28 FR 13623 , Dec. 14, 1963, as amended at 29 FR 14116 , Oct. 14, 1964; 48 FR 29505 , June 27, 1983; 52 FR 37788 , Oct. 9, 1987; 52 FR 39920 , Oct. 26, 1987; 54 FR 9806 , Mar. 8, 1989; 57 FR 36020 , Aug. 12, 1992; 58 FR 38537 , July 19, 1993] § 73.209 Protection from interference. ( a ) Permittees and licensees of FM broadcast stations are not protected from any interference which may be caused by the grant of a new station, or of authority to modify the facilities of an existing station, in accordance with the provisions of this subpart. However, they are protected from interference caused by Class D (secondary) noncommercial educational FM stations. See § 73.509 . ( b ) The nature and extent of the protection from interference afforded FM broadcast stations operating on Channels 221-300 is limited to that which results when assignments are made in accordance with the rules in this subpart. ( c ) Permittees and licensees of FM stations are not protected from interference which may be caused by the grant of a new LPFM station or of authority to modify an existing LPFM station, except as provided in subpart G of this part . [ 43 FR 39715 , Sept. 6, 1978 and 48 FR 29505 , June 27, 1983; 54 FR 9802 , Mar. 8, 1989; 65 FR 7640 , Feb. 15, 2000; 65 FR 67299 , Nov. 9, 2000] § 73.210 Station classes. ( a ) The rules applicable to a particular station, including minimum and maximum facilities requirements, are determined by its class. Possible class designations depend upon the zone in which the station's transmitter is located, or proposed to be located. The zones are defined in § 73.205 . Allotted station classes are indicated in the Table of Allotments, § 73.202 . Class A, B1 and B stations may be authorized in Zones I and I-A. Class A, C3, C2, C1, C0 and C stations may be authorized in Zone II. ( b ) The power and antenna height requirements for each class are set forth in § 73.211 . If a station has an ERP and an antenna HAAT such that it cannot be classified using the maximum limits and minimum requirements in § 73.211 , its class shall be determined using the following procedure: ( 1 ) Determine the reference distance of the station using the procedure in paragraph (b)(1)(i) of § 73.211 . If this distance is less than or equal to 28 km, the station is Class A; otherwise, ( 2 ) For a station in Zone I or Zone I-A, except for Puerto Rico and the Virgin Islands: ( i ) If this distance is greater than 28 km and less than or equal to 39 km, the station is Class B1. ( ii ) If this distance is greater than 39 km and less than or equal to 52 km, the station is Class B. ( 3 ) For a station in Zone II: ( i ) If this distance is greater than 28 km and less than or equal to 39 km, the station is Class C3. ( ii ) If this distance is greater than 39 km and less than or equal to 52 km, the station is Class C2. ( iii ) If this distance is greater than 52 km and less than or equal to 72 km, the station is Class C1. ( iv ) If this distance is greater than 72 km and less than or equal to 83 km, the station is Class C0. ( v ) If this distance is greater than 83 km and less than or equal to 92 km, the station is Class C. ( 4 ) For a station in Puerto Rico or the Virgin Islands: ( i ) If this distance is less than or equal to 42 km, the station is Class A. ( ii ) If this distance is greater than 42 km and less than or equal to 46 km, the station is Class B1. ( iii ) If this distance is greater then 46 km and less than or equal to 78 km, the station is Class B. [ 52 FR 37788 , Oct. 9, 1987; 52 FR 39920 , Oct. 26, 1987, as amended at 54 FR 16367 , Apr. 24, 1989; 54 FR 19374 , May 5, 1989; 54 FR 35339 , Aug. 25, 1989; 65 FR 79777 , Dec. 20, 2000] § 73.211 Power and antenna height requirements. ( a ) Minimum requirements. ( 1 ) Except as provided in paragraphs (a)(3) and (b)(2) of this section, FM stations must operate with a minimum effective radiated power (ERP) as follows: ( i ) The minimum ERP for Class A stations is 0.1 kW. ( ii ) The ERP for Class B1 stations must exceed 6 kW. ( iii ) The ERP for Class B stations must exceed 25 kW. ( iv ) The ERP for Class C3 stations must exceed 6 kW. ( v ) The ERP for Class C2 stations must exceed 25 kW. ( vi ) The ERP for Class C1 stations must exceed 50 kW. ( vii ) The minimum ERP for Class C and C0 stations is 100 kW. ( 2 ) Class C0 stations must have an antenna height above average terrain (HAAT) of at least 300 meters (984 feet). Class C stations must have an antenna height above average terrain (HAAT) of at least 451 meters (1480 feet). ( 3 ) Stations of any class except Class A may have an ERP less than that specified in paragraph (a)(1) of this section, provided that the reference distance, determined in accordance with paragraph (b)(1)(i) of this section, exceeds the distance to the class contour for the next lower class. Class A stations may have an ERP less than 100 watts provided that the reference distance, determined in accordance with paragraph (b)(1)(i) of this section, equals or exceeds 6 kilometers. ( b ) Maximum limits. ( 1 ) Except for stations located in Puerto Rico or the Virgin Islands, the maximum ERP in any direction, reference HAAT, and distance to the class contour for each FM station class are listed below: Station class Maximum ERP Reference HAAT in meters (ft.) Class contour distance in kilometers A 6 kW (7.8 dBk) 100 (328) 28 B1 25 kW (14.0 dBk) 100 (328) 39 B 50 kW (17.0 dBk) 150 (492) 52 C3 25 kW (14.0 dBk) 100 (328) 39 C2 50 kW (17.0 dBk) 150 (492) 52 C1 100 kW (20.0 dBk) 299 (981) 72 C0 100 kW (20.0 dBk) 450 (1476) 83 C 100 kW (20.0 dBk) 600 (1968) 92 ( i ) The reference distance of a station is obtained by finding the predicted distance to the 1mV/m contour using Figure 1 of § 73.333 and then rounding to the nearest kilometer. Antenna HAAT is determined using the procedure in § 73.313 . If the HAAT so determined is less than 30 meters (100 feet), a HAAT of 30 meters must be used when finding the predicted distance to the 1 mV/m contour. ( ii ) If a station's ERP is equal to the maximum for its class, its antenna HAAT must not exceed the reference HAAT, regardless of the reference distance. For example, a Class A station operating with 6 kW ERP may have an antenna HAAT of 100 meters, but not 101 meters, even though the reference distance is 28 km in both cases. ( iii ) Except as provided in paragraph (b)(3) of this section, no station will be authorized in Zone I or I-A with an ERP equal to 50 kW and a HAAT exceeding 150 meters. No station will be authorized in Zone II with an ERP equal to 100 kW and a HAAT exceeding 600 meters. ( 2 ) If a station has an antenna HAAT greater than the reference HAAT for its class, its ERP must be lower than the class maximum such that the reference distance does not exceed the class contour distance. If the antenna HAAT is so great that the station's ERP must be lower than the minimum ERP for its class (specified in paragraphs (a)(1) and (a)(3) of this section), that lower ERP will become the minimum for that station. ( 3 ) For stations located in Puerto Rico or the Virgin Islands, the maximum ERP in any direction, reference HAAT, and distance to the class contour for each FM station class are listed below: Station class Maximum ERP Reference HAAT in meters (ft.) Class contour distance in kilometers A 6kW (7.8 dBk) 240 (787) 42 B1 25kW (14.0 dBk) 150 (492) 46 B 50kW (17.0 dBk) 472 (1549) 78 ( c ) Existing stations. Stations authorized prior to March 1, 1984 that do not conform to the requirements of this section may continue to operate as authorized. Stations operating with facilities in excess of those specified in paragraph (b) of this section may not increase their effective radiated powers or extend their 1 mV/m field strength contour beyond the location permitted by their present authorizations. The provisions of this section will not apply to applications to increase facilities for those stations operating with less than the minimum power specified in paragraph (a) of this section. ( d ) Existing Class C stations below minimum antenna HAAT. Class C stations authorized prior to January 19, 2001 that do not meet the minimum antenna HAAT specified in paragraph (a)(2) of this section for Class C stations may continue to operate as authorized subject to the reclassification procedures set forth in Note 4 to § 73.3573 . [ 53 FR 17042 , May 13, 1988, as amended at 54 FR 16367 , Apr. 24, 1989; 54 FR 19374 , May 5, 1989; 54 FR 35339 , Aug. 25, 1989; 65 FR 79777 , Dec. 20, 2000] § 73.212 Administrative changes in authorizations. ( a ) In the issuance of FM broadcast station authorizations, the Commission will specify the transmitter output power and effective radiated power in accordance with the following tabulation: Power (watts or kW) Rounded out to nearest figure (watts or kW) 1 to 3 .05 3 to 10 .1 10 to 30 .5 30 to 100 1 100 to 300 5 300 to 1,000 10 ( b ) Antenna heights above average terrain will be rounded out to the nearest meter. [ 28 FR 13623 , Dec. 14, 1963, as amended at 48 FR 29506 , June 27, 1983] § 73.213 Grandfathered short-spaced stations. ( a ) Stations at locations authorized prior to November 16, 1964, that did not meet the separation distances required by § 73.207 and have remained continuously short-spaced since that time may be modified or relocated with respect to such short-spaced stations, provided that (i) any area predicted to receive interference lies completely within any area currently predicted to receive co-channel or first-adjacent channel interference as calculated in accordance with paragraph (a)(1) of this section, or that (ii) a showing is provided pursuant to paragraph (a)(2) of this section that demonstrates that the public interest would be served by the proposed changes. ( 1 ) The F(50,50) curves in Figure 1 of § 73.333 are to be used in conjunction with the proposed effective radiated power and antenna height above average terrain, as calculated pursuant to § 73.313(c) , (d)(2) and (d)(3) , using data for as many radials as necessary, to determine the location of the desired (service) field strength. The F(50,10) curves in Figure 1a of § 73.333 are to be used in conjunction with the proposed effective radiated power and antenna height above average terrain, as calculated pursuant to § 73.313(c) , (d)(2) and (d)(3) , using data for as many radials as necessary, to determine the location of the undesired (interfering) field strength. Predicted interference is defined to exist only for locations where the desired (service) field strength exceeds 0.5 mV/m (54 dBu) for a Class B station, 0.7 mV/m (57 dBu) for a Class B1 station, and 1 mV/m (60 dBu) for any other class of station. ( i ) Co-channel interference is predicted to exist, for the purpose of this section, at all locations where the undesired (interfering station) F(50,10) field strength exceeds a value 20 dB below the desired (service) F(50,50) field strength of the station being considered (e.g., where the protected field strength is 60 dBu, the interfering field strength must be 40 dBu or more for predicted interference to exist). ( ii ) First-adjacent channel interference is predicted to exist, for the purpose of this section, at all locations where the undesired (interfering station) F(50,10) field strength exceeds a value 6 dB below the desired (service) F(50,50) field strength of the station being considered (e.g., where the protected field strength is 60 dBu, the interfering field strength must be 54 dBu or more for predicted interference to exist). ( 2 ) For co-channel and first-adjacent channel stations, a showing that the public interest would be served by the changes proposed in an application must include exhibits demonstrating that the total area and population subject to co-channel or first-adjacent channel interference, caused and received, would be maintained or decreased. In addition, the showing must include exhibits demonstrating that the area and the population subject to co-channel or first-adjacent channel interference caused by the proposed facility to each short-spaced station individually is not increased. In all cases, the applicant must also show that any area predicted to lose service as a result of new co-channel or first-adjacent-channel interference has adequate aural service remaining. For the purpose of this section, adequate service is defined as 5 or more aural services (AM or FM). ( 3 ) For co-channel and first-adjacent-channel stations, a copy of any application proposing interference caused in any areas where interference is not currently caused must be served upon the licensee(s) of the affected short-spaced station(s). ( 4 ) For stations covered by this paragraph (a) , there are no distance separation or interference protection requirements with respect to second-adjacent and third-adjacent channel short-spacings that have existed continuously since November 16, 1964. ( b ) Stations at locations authorized prior to May 17, 1989, that did not meet the IF separation distances required by § 73.207 and have remained short-spaced since that time may be modified or relocated provided that the overlap area of the two stations' 36 mV/m field strength contours is not increased. ( c ) Short spacings involving at least one Class A allotment or authorization. Stations that became short spaced on or after November 16, 1964 (including stations that do not meet the minimum distance separation requirements of paragraph (c)(1) of this section and that propose to maintain or increase their existing distance separations) may be modified or relocated in accordance with paragraph (c)(1) or (c)(2) of this section, except that this provision does not apply to stations that became short spaced by grant of applications filed after October 1, 1989, or filed pursuant to § 73.215 . If the reference coordinates of an allotment are short spaced to an authorized facility or another allotment (as a result of the revision of § 73.207 in the Second Report and Order in MM Docket No. 88-375), an application for the allotment may be authorized, and subsequently modified after grant, in accordance with paragraph (c)(1) or (c)(2) of this section only with respect to such short spacing. No other stations will be authorized pursuant to these paragraphs. ( 1 ) Applications for authorization under requirements equivalent to those of prior rules. Each application for authority to operate a Class A station with no more than 3000 watts ERP and 100 meters antenna HAAT (or equivalent lower ERP and higher antenna HAAT based on a class contour distance of 24 km) must specify a transmitter site that meets the minimum distance separation requirements in this paragraph. Each application for authority to operate a Class A station with more than 3000 watts ERP (up to a maximum of 5800 watts), but with an antenna HAAT lower than 100 meters such that the distance to the predicted 0.05 mV/m (34 dBµV/m) F(50,10) field strength contour does not exceed 98 km must specify a transmitter site that meets the minimum distance separation requirements in this paragraph. Each application for authority to operate an FM station of any class other than Class A must specify a transmitter site that meets the minimum distance separation requirements in this paragraph with respect to Class A stations operating pursuant to this paragraph or paragraph (c)(2) of this section, and that meets the minimum distance separation requirements of § 73.207 with respect to all other stations. Minimum Distance Separation Requirements in Kilometers (miles) Relation Co-channel 200 kHz 400/600 kHz 10.6/10.8 MHz A to A 105 (65) 64 (40) 27 (17) 8 (5) A to B1 138 (86) 88 (55) 48 (30) 11 (6) A to B 163 (101) 105 (65) 69 (43) 14 (9) A to C3 138 (86) 84 (52) 42 (26) 11 (6) A to C2 163 (101) 105 (65) 55 (34) 14 (9) A to C1 196 (122) 129 (80) 74 (46) 21 (13) A to C 222 (138) 161 (100) 94 (58) 28 (17) ( 2 ) Applications for authorization of Class A facilities greater than 3,000 watts ERP and 100 meters HAAT. Each application to operate a Class A station with an ERP and HAAT such that the reference distance would exceed 24 kilometers must contain an exhibit demonstrating the consent of the licensee of each co-channel, first, second or third adjacent channel station (for which the requirements of § 73.207 are not met) to a grant of that application. Each such application must specify a transmitter site that meets the applicable IF-related channel distance separation requirements of § 73.207 . Applications that specify a new transmitter site which is short-spaced to an FM station other than another Class A station which is seeking a mutual increase in facilities may be granted only if no alternative fully-spaced site or less short-spaced site is available. Licensees of Class A stations seeking mutual increases in facilities need not show that a fully spaced site or less short-spaced site is available. Applications submitted pursuant to the provisions of this paragraph may be granted only if such action is consistent with the public interest. [ 52 FR 37789 , Oct. 9, 1987, as amended at 54 FR 14964 , Apr. 14, 1989; 54 FR 35339 , Aug. 25, 1989; 56 FR 27426 , June 14, 1991; 62 FR 50521 , Sept. 26, 1997; 63 FR 33876 , June 22, 1998] § 73.215 Contour protection for short-spaced assignments. The Commission will accept applications that specify short-spaced antenna locations (locations that do not meet the domestic co-channel and adjacent channel minimum distance separation requirements of § 73.207 ); Provided That, such applications propose contour protection, as defined in paragraph (a) of this section, with all short-spaced assignments, applications and allotments, and meet the other applicable requirements of this section. Each application to be processed pursuant to this section must specifically request such processing on its face, and must include the necessary exhibit to demonstrate that the requisite contour protection will be provided. Such applications may be granted when the Commission determines that such action would serve the public interest, convenience, and necessity. ( a ) Contour protection. Contour protection, for the purpose of this section, means that on the same channel and on the first, second and third adjacent channels, the predicted interfering contours of the proposed station do not overlap the predicted protected contours of other short-spaced assignments, applications and allotments, and the predicted interfering contours of other short-spaced assignments, applications and allotments do not overlap the predicted protected contour of the proposed station. ( 1 ) The protected contours, for the purpose of this section, are defined as follows. For all Class B and B1 stations on Channels 221 through 300 inclusive, the F(50,50) field strengths along the protected contours are 0.5 mV/m (54 dBµ) and 0.7 mV/m (57 dBµ), respectively. For all other stations, the F(50,50) field strength along the protected contour is 1.0 mV/m (60 dBµ). ( 2 ) The interfering contours, for the purpose of this section, are defined as follows. For co-channel stations, the F(50,10) field strength along the interfering contour is 20 dB lower than the F(50,50) field strength along the protected contour for which overlap is prohibited. For first adjacent channel stations (±200 kHz), the F(50,10) field strength along the interfering contour is 6 dB lower than the F(50,50) field strength along the protected contour for which overlap is prohibited. For both second and third adjacent channel stations (±400 kHz and ±600 kHz), the F(50,10) field strength along the interfering contour is 40 dB higher than the F(50,50) field strength along the protected contour for which overlap is prohibited. ( 3 ) The locations of the protected and interfering contours of the proposed station and the other short-spaced assignments, applications and allotments must be determined in accordance with the procedures of paragraphs (c), (d)(2) and (d)(3) of § 73.313 , using data for as many radials as necessary to accurately locate the contours. ( 4 ) Protected and interfering contours (in dBu) for stations in Puerto Rico and the U.S. Virgin Islands are as follows: Station with interfering contour Station with protected contour Class A Class B1 Class B Interfering Protected Interfering Protected Interfering Protected Co-Channel: Class A 46 66 41 61 40 60 Class B1 43 63 39 59 38 58 Class B 45 65 41 61 41 61 1st Adj. Channel: Class A 61 67 56 62 59 65 Class B1 57 63 54 60 54 60 Class B 62 68 56 62 57 63 2nd-3rd Adj. Channel: Class A 107 67 100 60 104 64 Class B1 99 59 100 60 104 64 Class B 94 54 94 54 104 64 Maximum permitted facilities assumed for each station pursuant to 47 CFR 73.211(b)(3) : 6 kW ERP/240 meters HAAT—Class A 25 kW ERP/150 meters HAAT—Class B1 50 kW ERP/472 meters HAAT—Class B ( b ) Applicants requesting short-spaced assignments pursuant to this section must take into account the following factors in demonstrating that contour protection is achieved: ( 1 ) The ERP and antenna HAAT of the proposed station in the direction of the contours of other short-spaced assignments, applications and allotments. If a directional antenna is proposed, the pattern of that antenna must be used to calculate the ERP in particular directions. See § 73.316 for additional requirements for directional antennas. ( 2 ) The ERP and antenna HAAT of other short-spaced assignments, applications and allotments in the direction of the contours of the proposed station. The ERP and antenna HAATs in the directions of concern must be determined as follows: ( i ) For vacant allotments, contours are based on the presumed use, at the allotment's reference point, of the maximum ERP that could be authorized for the station class of the allotment, and antenna HAATs in the directions of concern that would result from a non-directional antenna mounted at a standard eight-radial antenna HAAT equal to the reference HAAT for the station class of the allotment. ( ii ) For existing stations that were not authorized pursuant to this section, including stations with authorized ERP that exceeds the maximum ERP permitted by § 73.211 for the standard eight-radial antenna HAAT employed, and for applications not requesting authorization pursuant to this section, contours are based on the presumed use of the maximum ERP for the applicable station class (as specified in § 73.211 ), and the antenna HAATs in the directions of concern that would result from a non-directional antenna mounted at a standard eight-radial antenna HAAT equal to the reference HAAT for the applicable station class, without regard to any other restrictions that may apply (e.g. zoning laws, FAA constraints, application of § 73.213 ). ( iii ) For stations authorized pursuant to this section, except stations with authorized ERP that exceeds the maximum ERP permitted by § 73.211 for the standard eight-radial antenna HAAT employed, contours are based on the use of the authorized ERP in the directions of concern, and HAATs in the directions of concern derived from the authorized standard eight-radial antenna HAAT. For stations with authorized ERP that exceeds the maximum ERP permitted by § 73.211 for the standard eight-radial antenna HAAT employed, authorized under this section, contours are based on the presumed use of the maximum ERP for the applicable station class (as specified in § 73.211 ), and antenna HAATs in the directions of concern that would result from a non-directional antenna mounted at a standard eight-radial antenna HAAT equal to the reference HAAT for the applicable station class, without regard to any other restrictions that may apply. ( iv ) For applications containing a request for authorization pursuant to this section, except for applications to continue operation with authorized ERP that exceeds the maximum ERP permitted by § 73.211 for the standard eight-radial antenna HAAT employed, contours are based on the use of the proposed ERP in the directions of concern, and antenna HAATs in the directions of concern derived from the proposed standard eight-radial antenna HAAT. For applications to continue operation with an ERP that exceeds the maximum ERP permitted by § 73.211 for the standard eight-radial HAAT employed, if processing is requested under this section, contours are based on the presumed use of the maximum ERP for the applicable station class (as specified in § 73.211 ), and antenna HAATs in the directions of concern that would result from a nondirectional antenna mounted at a standard eight-radial antenna HAAT equal to the reference HAAT for the applicable station class, without regard to any other restrictions that may apply. Note to paragraph ( b ): Applicants are cautioned that the antenna HAAT in any particular direction of concern will not usually be the same as the standard eight-radial antenna HAAT or the reference HAAT for the station class. ( c ) Applications submitted for processing pursuant to this section are not required to propose contour protection of any assignment, application or allotment for which the minimum distance separation requirements of § 73.207 are met, and may, in the directions of those assignments, applications and allotments, employ the maximum ERP permitted by § 73.211 for the standard eight-radial antenna HAAT employed. ( d ) Stations authorized pursuant to this section may be subsequently authorized on the basis of compliance with the domestic minimum separation distance requirements of § 73.207 , upon filing of an FCC Form 301 or FCC Form 340 (as appropriate) requesting a modification of authorization. ( e ) The Commission will not accept applications that specify a short-spaced antenna location for which the following minimum distance separation requirements, in kilometers (miles), are not met: Relation Co-Channel 200 kHz 400/600 kHz A to A 92 (57) 49 (30) 25 (16) A to B1 119 (74) 72 (45) 42 (26) A to B 143 (89) 96 (60) 63 (39) A to C3 119 (74) 72 (45) 36 (22) A to C2 143 (89) 89 (55) 49 (30) A to C1 178 (111) 111 (69) 69 (43) A to C0 193 (120) 130 (81) 80 (50) A to C 203 (126) 142 (88) 89 (55) B1 to B1 143 (89) 96 (60) 44 (27) B1 to B 178 (111) 114 (71) 65 (40) B1 to C3 143 (89) 96 (60) 44 (27) B1 to C2 175 (109) 114 (71) 50 (31) B1 to C1 200 (124) 134 (83) 71 (44) B1 to C0 0215 (134) 153 (95) 81 (50) B1 to C 233 (145) 165 (103) 99 (61) B to B 211 (131) 145 (90) 68 (42) B to C3 178 (111) 114 (70) 65 (40) B to C2 211 (131) 145 (90) 68 (42) B to C1 241 (150) 169 (105) 73 (45) B to C0 266 (165) 195 (121) 83 (52) B to C 268 (163) 195 (121) 99 (61) C3 to C3 142 (88) 89 (55) 37 (23) C3 to C2 166 (103) 106 (66) 50 (31) C3 to C1 200 (124) 133 (83) 70 (43) C3to C0 215 (134) 152 (94) 81 (50) C3 to C 226 (140) 165 (103) 90 (56) C2 to C2 177 (110) 117 (73) 52 (32) C2 to C1 211 (131) 144 (90) 73 (45) C2 to C0 227 (141) 163 (101) 83 (52) C2 to C 237 (147) 176 (109) 96 (61) C1 to C1 224 (139) 158 (98) 76 (47) C1 to C0 239 (148) 176 (109) 88 (55) C1 to C 249 (155) 188 (117) 99 (61) C0 to C0 259 (161) 196 (122) 90 (56) C0 to C 270 (168) 207 (129 99 (61) C to C 270 (168) 209 (130) 99 (61) [ 54 FR 9802 , Mar. 8, 1989, as amended at 54 FR 35340 , Aug. 25, 1989; 56 FR 57294 , Nov. 8, 1991; 57 FR 46325 , Oct. 8, 1992; 65 FR 79777 , Dec. 20, 2000; 66 FR 8149 , Jan. 29, 2001] § 73.220 Restrictions on use of channels. ( a ) The frequency 89.1 MHz (channel 206) is revised in the New York City metropolitan area for the use of the United Nations with the equivalent of an antenna height of 150 meters (492 feet) above average terrain and effective radiated power of 20 kWs, and the FCC will make no assignments which would cause objectionable interference with such use. ( b ) [Reserved] [ 43 FR 45845 , Oct. 4, 1978, as amended at 46 FR 50376 , Oct. 13, 1981, 47 FR 30068 , July 12, 1982; 48 FR 29507 , June 27, 1983; 70 FR 46676 , Aug. 10, 2005] § 73.232 Territorial exclusivity. No licensee of an FM broadcast station shall have any arrangement with a network organization which prevents or hinders another station serving substantially the same area from broadcasting the network's programs not taken by the former station, or which prevents or hinders another station serving a substantially different area from broadcasting any program of the network organization: Provided, however, That this section does not prohibit arrangements under which the station is granted first call within its primary service area upon the network's programs. The term “network organization” means any organization originating program material, with or without commercial messages, and furnishing the same to stations interconnected so as to permit simultaneous broadcast by all or some of them. However, arrangements involving only stations under common ownership, or only the rebroadcast by one station of programming from another with no compensation other than a lump-sum payment by the station rebroadcasting, are not considered arrangements with a network organization. The term “arrangement“ means any contract, arrangement or understanding, express or implied. [ 42 FR 16422 , Mar. 28, 1977, as amended at 57 FR 48333 , Oct. 23, 1992] § 73.258 Indicating instruments. ( a ) Each FM broadcast station shall be equipped with indicating instruments which conform with the specifications described in § 73.1215 for determining power by the indirect method; for indicating the relative amplitude of the transmission line radio frequency current, voltage, or power; and with such other instruments as are necessary for the proper adjustment, operation, and maintenance of the transmitting system. ( b ) The function of each instrument shall be clearly and permanently shown in the instrument itself or on the panel immediately adjacent thereto. ( c ) In the event that any one of these indicating instruments becomes defective when no substitute which conforms with the required specifications is available, the station may be operated without the defective instrument pending its repair or replacement for a period not in excess of 60 days without further authority of the FCC: Provided that, if the defective instrument is the transmission line meter of a station which determines the output power by the direct method, the operating power shall be determined by the indirect method in accordance with § 73.267(c) during the entire time the station is operated without the transmission line meter. ( d ) If conditions beyond the control of the licensee prevent the restoration of the meter to service within the above allowed period, an informal letter request in accordance with § 73.3549 may be filed with the FCC, Attention: Audio Division, Media Bureau, in Washington, DC for such additional time as may be required to complete repairs of the defective instrument. [ 41 FR 36818 , Sept. 1, 1976, as amended at 48 FR 44805 , Sept. 30, 1983; 50 FR 32416 , Aug. 12, 1985; 63 FR 33876 , June 22, 1998; 67 FR 13231 , Mar. 21, 2002] § 73.267 Determining operating power. ( a ) The operating power of each FM station is to be determined by either the direct or indirect method. ( b ) Direct method. The direct method of power determination for an FM station uses the indications of a calibrated transmission line meter (responsive to relative voltage, current, or power) located at the RF output terminals of the transmitter. This meter must be calibrated whenever there is any indication that the calibration is inaccurate or whenever any component of the metering circuit is repaired or replaced. The calibration must cover, as a minimum, the range from 90% to 105% of authorized power. The meter calibration may be checked by measuring the power at the transmitter terminals while either: ( 1 ) Operating the transmitter into the transmitting antenna, and determining actual operating power by the indirect method described in § 73.267(c) ; or ( 2 ) Operating the transmitter into a load (of substantially zero reactance and a resistance equal to the transmission line characteristic impedance) and using an electrical device (within ±5% accuracy) or temperature and coolant flow indicator (within ±4% accuracy) to determine the power. ( 3 ) The calibration must cover, as a minimum, the range from 90% to 105% of authorized power and the meter must provide clear indications which will permit maintaining the operating power within the prescribed tolerance or the meter shall be calibrated to read directly in power units. ( c ) Indirect method. The operating power is determined by the indirect method by applying an appropriate factor to the input power to the last radio-frequency power amplifier stage of the transmitter, using the following formula: Transmitter output power = Ep × Ip × F Where: Ep = DC input voltage of final radio stage. Ip = Total DC input current of final radio stage. F = Efficiency factor. ( 1 ) If the above formula is not appropriate for the design of the transmitter final amplifier, use a formula specified by the transmitter manufacturer with other appropriate operating parameters. ( 2 ) The value of the efficiency factor, F, established for the authorized transmitter output power is to be used for maintaining the operating power, even though there may be some variation in F over the power operating range of the transmitter. ( 3 ) The value of F is to be determined and a record kept thereof by one of the following procedures listed in order of preference: ( i ) Using the most recent measurement data for calibration of the transmission line meter according to the procedures described in paragraph (b) of this section or the most recent measurements made by the licensee establishing the value of F. In the case of composite transmitters or those in which the final amplifier stages have been modified pursuant to FCC approval, the licensee must furnish the FCC and also retain with the station records the measurement data used as a basis for determining the value of F. ( ii ) Using measurement data shown on the transmitter manufacturer's test data supplied to the licensee; Provided, That measurements were made at the authorized frequency and transmitter output power. ( iii ) Using the transmitter manufacturer's measurement data submitted to the FCC for type acceptance and as shown in the instruction book supplied to the licensee. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 44 FR 58731 , Oct. 11, 1979, as amended at 45 FR 28141 , Apr. 28, 1980; 48 FR 38479 , Aug. 24, 1983; 49 FR 4210 , Feb. 3, 1984; 49 FR 49851 , Dec. 24, 1984] § 73.277 Permissible transmissions. ( a ) No FM broadcast licensee or permittee shall enter into any agreement, arrangement or understanding, oral or written, whereby it undertakes to supply, or receives consideration for supplying, on its main channel a functional music, background music, or other subscription service (including storecasting) for reception in the place or places of business of any subscriber. ( b ) The transmission (or interruption) of radio energy in the FM broadcast band is permissible only pursuant to a station license, program test authority, construction permit, or experimental authorization and the provisions of this part of the rules. [ 29 FR 7471 , June 10, 1964. Redesignated at 39 FR 38655 , Nov. 1, 1974 and amended at 48 FR 28454 , June 22, 1983] § 73.293 Use of FM multiplex subcarriers. Licensees of FM broadcast stations may transmit, without further authorization, subcarrier communication services in accordance with the provisions of §§ 73.319 and 73.322 . [ 51 FR 17028 , May 8, 1986] § 73.295 FM subsidiary communications services. ( a ) Subsidiary communication services are those transmitted on a subcarrier within the FM baseband signal, but do not include services which enhance the main program broadcast service, or exclusively relate to station operations (see § 73.293 ). Subsidiary communications include, but are not limited to services such as functional music, specialized foreign language programs, radio reading services, utility load management, market and financial data and news, paging and calling, traffic control signal switching, bilingual television audio, and point to point or multipoint messages. ( b ) FM subsidiary communications services that are common carrier in nature are subject to common carrier regulation. Licensees operating such services are required to apply to the FCC for the appropriate authorization and to comply with all policies and rules applicable to the service. Responsibility for making the initial determinations of whether a particular activity is common carriage rests with the FM station licensee. Initial determinations by licensees are subject to FCC examination and may be reviewed at the FCC's discretion. ( c ) Subsidiary communications services are of a secondary nature under the authority of the FM station authorization, and the authority to provide such communications services may not be retained or transferred in any manner separate from the station's authorization. The grant or renewal of an FM station permit or license is not furthered or promoted by proposed or past services. The permittee or licensee must establish that the broadcast operation is in the public interest wholly apart from the subsidiary communications services provided. ( d ) The station identification, delayed recording and sponsor identification announcements required by §§ 73.1201 , 73.1208 , and 73.1212 are not applicable to material transmitted under an SCA. ( e ) The licensee or permittee must retain control over all material transmitted in a broadcast mode via the station's facilities, with the right to reject any material that it deems inappropriate or undesirable. [ 48 FR 28454 , June 22, 1983, as amended at 48 FR 44805 , Sept. 30, 1983; 49 FR 33663 , Aug. 15, 1984; 50 FR 32416 , Aug. 12, 1985; 57 FR 48333 , Oct. 23, 1992] § 73.297 FM stereophonic sound broadcasting. ( a ) An FM broadcast station may, without specific authority from the FCC, transmit stereophonic (biphonic, quadraphonic, etc.) sound programs upon installation of stereophonic sound transmitting equipment under the provisions of §§ 2.1001 , 73.322 , and 73.1590 of the Rules. Prior to commencement of stereophonic sound broadcasting, equipment performance measurements must be made to ensure that the transmitted signal complies with all applicable rules and standards. ( b ) Each licensee or permittee engaging in multichannel broadcasting must measure the pilot subcarrier frequency as often as necessary to ensure that it is kept at all times within 2 Hz of the authorized frequency. [ 48 FR 28454 , June 22, 1983, and 48 FR 38479 , Aug. 24, 1983] § 73.310 FM technical definitions. ( a ) Frequency modulation. Antenna height above average terrain (HAAT). HAAT is calculated by: determining the average of the antenna heights above the terrain from 3 to 16 kilometers (2 to 10 miles) from the antenna for the eight directions evenly spaced for each 45° of azimuth starting with True North (a different antenna height will be determined in each direction from the antenna): and computing the average of these separate heights. In some cases less than eight directions may be used. (See § 73.313(d) .) Where circular or elliptical polarization is used, the antenna height above average terrain must be based upon the height of the radiation of the antenna that transmits the horizontal component of radiation. Antenna power gain. The square of the ratio of the root-mean-square (RMS) free space field strength produced at 1 kilometer in the horizontal plane in millivolts per meter for 1 kW antenna input power to 221.4 mV/m. This ratio is expressed in decibels (dB). If specified for a particular direction, antenna power gain is based on that field strength in the direction only. Auxiliary facility. An auxiliary facility is an antenna separate from the main facility's antenna, permanently installed on the same tower or at a different location, from which a station may broadcast for short periods without prior Commission authorization or notice to the Commission while the main facility is not in operation (e.g., where tower work necessitates turning off the main antenna or where lightning has caused damage to the main antenna or transmission system) ( See § 73.1675 ). Center frequency. The term “center frequency” means: ( 1 ) The average frequency of the emitted wave when modulated by a sinusoidal signal. ( 2 ) The frequency of the emitted wave without modulation. Composite antenna pattern. The composite antenna pattern is a relative field horizontal plane pattern for 360 degrees of azimuth, for which the value at a particular azimuth is the greater of the horizontally polarized or vertically polarized component relative field values. The composite antenna pattern is normalized to a maximum of unity (1.000) relative field. Composite baseband signal. A signal which is composed of all program and other communications signals that frequency modulates the FM carrier. Effective radiated power. The term “effective radiated power” means the product of the antenna power (transmitter output power less transmission line loss) times: ( 1 ) The antenna power gain, or ( 2 ) the antenna field gain squared. Where circular or elliptical polarization is employed, the term effective radiated power is applied separately to the horizontal and vertical components of radiation. For allocation purposes, the effective radiated power authorized is the horizontally polarized component of radiation only. Equivalent isotropically radiated power (EIRP). The term “equivalent isotropically radiated power (also known as “effective radiated power above isotropic) means the product of the antenna input power and the antenna gain in a given direction relative to an isotropic antenna. FM Blanketing. Blanketing is that form of interference to the reception of other broadcast stations which is caused by the presence of an FM broadcast signal of 115 dBu (562 mV/m) or greater signal strength in the area adjacent to the antenna of the transmitting station. The 115 dBu contour is referred to as the blanketing contour and the area within this contour is referred to as the blanketing area. FM broadcast band. The band of frequencies extending from 88 to 108 MHz, which includes those assigned to noncommercial educational broadcasting. FM broadcast channel. A band of frequencies 200 kHz wide and designated by its center frequency. Channels for FM broadcast stations begin at 88.1 MHz and continue in successive steps of 200 kHz to and including 107.9 MHz. FM broadcast station. A station employing frequency modulation in the FM broadcast band and licensed primarily for the transmission of radiotelephone emissions intended to be received by the general public. Field strength. The electric field strength in the horizontal plane. Free space field strength. The field strength that would exist at a point in the absence of waves reflected from the earth or other reflecting objects. Frequency departure. The amount of variation of a carrier frequency or center frequency from its assigned value. Frequency deviation. The peak difference between modulated wave and the carrier frequency. Frequency modulation. A system of modulation where the instantaneous radio frequency varies in proportion to the instantaneous amplitude of the modulating signal (amplitude of modulating signal to be measured after pre-emphasis, if used) and the instantaneous radio frequency is independent of the frequency of the modulating signal. Frequency swing. The peak difference between the maximum and the minimum values of the instantaneous frequency of the carrier wave during modulation. Multiplex transmission. The term “multiplex transmission” means the simultaneous transmission of two or more signals within a single channel. Multiplex transmission as applied to FM broadcast stations means the transmission of facsimile or other signals in addition to the regular broadcast signals. Percentage modulation. The ratio of the actual frequency deviation to the frequency deviation defined as 100% modulation, expressed in percentage. For FM broadcast stations, a frequency deviation of ±75kHz is defined as 100% modulation. ( b ) Stereophonic sound broadcasting. Cross-talk. An undesired signal occurring in one channel caused by an electrical signal in another channel. FM stereophonic broadcast. The transmission of a stereophonic program by a single FM broadcast station utilizing the main channel and a stereophonic subchannel. Left (or right) signal. The electrical output of a microphone or combination of microphones placed so as to convey the intensity, time, and location of sounds originating predominately to the listener's left (or right) of the center of the performing area. Left (or right) stereophonic channel. The left (or right) signal as electrically reproduced in reception of FM stereophonic broadcasts. Main channel. The band of frequencies from 50 to 15,000 Hz which frequency-modulate the main carrier. Pilot subcarrier. A subcarrier that serves as a control signal for use in the reception of FM stereophonic sound broadcasts. Stereophonic separation. The ratio of the electrical signal caused in sound channel A to the signal caused in sound channel B by the transmission of only a channel B signal. Channels A and B may be any two channels of a stereophonic sound broadcast transmission system. Stereophonic sound. The audio information carried by plurality of channels arranged to afford the listener a sense of the spatial distribution of sound sources. Stereophonic sound broadcasting includes, but is not limited to, biphonic (two channel), triphonic (three channel) and quadrophonic (four channel) program services. Stereophonic sound subcarrier. A subcarrier within the FM broadcast baseband used for transmitting signals for stereophonic sound reception of the main broadcast program service. Stereophonic sound subchannel. The band of frequencies from 23 kHz to 99 kHz containing sound subcarriers and their associated sidebands. ( c ) Visual transmissions. Communications or message transmitted on a subcarrier intended for reception and visual presentation on a viewing screen, teleprinter, facsimile printer, or other form of graphic display or record. ( d ) Control and telemetry transmissions. Signals transmitted on a multiplex subcarrier intended for any form of control and switching functions or for equipment status data and aural or visual alarms. [ 28 FR 13623 , Dec. 14, 1963, as amended at 39 FR 10575 , Mar. 21, 1974; 44 FR 36038 , June 20, 1979; 48 FR 28454 , June 22, 1983; 48 FR 29507 , June 27, 1983; 48 FR 37216 , Aug. 17, 1983; 49 FR 45145 , Nov. 15, 1984; 57 FR 48333 , Oct. 23, 1992; 62 FR 51058 , Sept. 30, 1997] § 73.311 Field strength contours. ( a ) Applications for FM broadcast authorizations must show the field strength contours required by FCC Form 301 or FCC Form 340, as appropriate. ( b ) The field strength contours provided for in this section shall be considered for the following purposes only: ( 1 ) In the estimation of coverage resulting from the selection of a particular transmitter site by an applicant for an FM broadcast station. ( 2 ) In connection with problems of coverage arising out of application of § 73.3555 . ( 3 ) In determining compliance with § 73.315(a) concerning the minimum field strength to be provided over the principal community to be served. ( 4 ) In determining compliance with § 73.215 concerning contour protection. [ 28 FR 13623 , Dec. 14, 1963, as amended at 31 FR 10126 , July 27, 1966; 32 FR 11471 , Aug. 9, 1967; 52 FR 10570 , Apr. 2, 1987; 54 FR 9802 , Mar. 8, 1989] § 73.312 Topographic data. ( a ) In the preparation of the profile graphs previously described, and in determining the location and height above mean sea level of the antenna site, the elevation or contour intervals shall be taken from United States Geological Survey Topographic Quadrangle Maps, United States Army Corps of Engineers Maps or Tennessee Valley Authority maps, whichever is the latest, for all areas for which such maps are available. If such maps are not published for the area in question, the next best topographic information should be used. Topographic data may sometimes be obtained from state and municipal agencies. The data from the Sectional Aeronautical Charts (including bench marks) or railroad depot elevations and highway elevations from road maps may be used where no better information is available. In cases where limited topographic data can be obtained, use may be made of an altimeter in a car driven along roads extending generally radially from the transmitter site. ( b ) The Commission will not ordinarily require the submission of topographical maps for areas beyond 24 km (15 miles) from the antenna site, but the maps must include the principal city or cities to be served. If it appears necessary, additional data may be requested. ( c ) The U.S. Geological Survey Topography Quadrangle Sheets may be obtained from the U.S. Geological Survey Department of the Interior, Washington, DC 20240. The Sectional Aeronautical Charts are available from the U.S. Coast and Geodetic Survey, Department of Commerce, Washington, DC 20235. These maps may also be secured from branch offices and from authorized agents or dealers in most principal cities. ( d ) In lieu of maps, the average terrain elevation may be computer generated except in cases of dispute, using elevations from a 30 second, point or better topographic data file. The file must be identified and the data processed for intermediate points along each radial using linear interpolation techniques. The height above mean sea level of the antenna site must be obtained manually using appropriate topographic maps. [ 28 FR 13623 , Dec. 14, 1963, as amended at 31 FR 10126 , July 27, 1966; 49 FR 48937 , Dec. 17, 1984; 58 FR 44950 , Aug. 25, 1993; 63 FR 33877 , June 22, 1998] § 73.313 Prediction of coverage. ( a ) All predictions of coverage made pursuant to this section shall be made without regard to interference and shall be made only on the basis of estimated field strengths. ( b ) Predictions of coverage shall be made only for the same purposes as relate to the use of field strength contours as specified in § 73.311 . ( c ) In predicting the distance to the field strength contours, the F(50,50) field strength chart, Figure 1 of § 73.333 must be used. The 50% field strength is defined as that value exceeded for 50% of the time. ( 1 ) The F(50,50) chart gives the estimated 50% field strengths exceeded at 50% of the locations in dB above 1 uV/m. The chart is based on an effective power radiated from a half-wave dipole antenna in free space, that produces an unattenuated field strength at 1 kilometer of about 107 dB above 1 uV/m (221.4 mV/m). ( 2 ) To use the chart for other ERP values, convert the ordinate scale by the appropriate adjustment in dB. For example, the ordinate scale for an ERP of 50 kW should be adjusted by 17 dB [10 log (50 kW) = 17 dBk], and therefore a field strength of 60 dBu would correspond to the field strength value at (60−17 =) 44 dBu on the chart. When predicting the distance to field strength contours, use the maximum ERP of the main radiated lobe in the pertinent azimuthal direction (do not account for beam tilt). When predicting field strengths over areas not in the plane of the maximum main lobe, use the ERP in the direction of such areas, determined by considering the appropriate vertical radiation pattern. ( d ) The antenna height to be used with this chart is the height of the radiation center of the antenna above the average terrain along the radial in question. In determining the average elevation of the terrain, the elevations between 3 and 16 kilometers from the antenna site are used. ( 1 ) Profile graphs must be drawn for eight radials beginning at the antenna site and extending 16 kilometers therefrom. The radials should be drawn for each 45° of azimuth starting with True North. At least one radial must include the principal community to be served even though it may be more than 16 kilometers from the antenna site. However, in the event none of the evenly spaced radials include the principal community to be served, and one or more such radials are drawn in addition, these radials must not be used in computing the antenna height above average terrain. ( 2 ) Where the 3 to 16 kilometers portion of a radial extends in whole or in part over a large body of water or extends over foreign territory but the 50 uV/m (34 dBu) contour encompasses land area within the United States beyond the 16 kilometers portion of the radial, the entire 3 to 16 kilometers portion of the radial must be included in the computation of antenna height above average terrain. However, where the 50 uV/m (34 dBu) contour does not so encompass United States land area, and ( i ) the entire 3 to 16 kilometers portion of the radial extends over large bodies of water or over foreign territory, such radial must be completely omitted from the computation of antenna height above average terrain, and ( ii ) where a part of the 3 to 16 kilometers portion of a radial extends over large bodies of water or foreign territory, only that part of the radial extending from 3 kilometers to the outermost portion of land in the United States covered by the radial used must be used in the computation of antenna height above average terrain. ( 3 ) The profile graph for each radial should be plotted by contour intervals of from 12 to 30 meters and, where the data permits, at least 50 points of elevation (generally uniformly spaced) should be used for each radial. In instances of very rugged terrain where the use of contour intervals of 30 meters would result in several points in a short distance, 60 or 120 meter contour intervals may be used for such distances. On the other hand, where the terrain is uniform or gently sloping the smallest contour interval indicated on the topographic map should be used, although only relatively few points may be available. The profile graph should indicate the topography accurately for each radial, and the graphs should be plotted with the distance in kilometers as the abscissa and the elevation in meters above mean sea level as the ordinate. The profile graphs should indicate the source of the topographical data used. The graph should also show the elevation of the center of the radiating system. The graph may be plotted either on rectangular coordinate paper or on special paper that shows the curvature of the earth. It is not necessary to take the curvature of the earth into consideration in this procedure as this factor is taken care of in the charts showing signal strengths. The average elevation of the 13 kilometer distance between 3 and 16 kilometers from the antenna site should then be determined from the profile graph for each radial. This may be obtained by averaging a large number of equally spaced points, by using a planimeter, or by obtaining the median elevation (that exceeded for 50% of the distance) in sectors and averaging those values. ( 4 ) Examples of HAAT calculations: ( i ) The heights above average terrain on the eight radials are as follows: Meters 0° 120 45° 255 90° 185 135° 90 180° −10 225° −85 270° 40 315° 85 The antenna height above terrain (defined in § 73.310(a) ) is computed as follows: (120 + 255 + 185 + 90 − 10 − 85 + 40 + 85) / 8 = 85 meters. ( ii ) Same as paragraph (d)(4)(i) of this section, except the 0° radial is entirely over sea water. The antenna height above average terrain is computed as follows (note that the divisor is 7 not 8): (255 + 185 + 90 − 10 − 85 + 40 + 85) / 7 = 80 meters. ( iii ) Same as paragraph (d)(4)(i) of this section, except that only the first 10 kilometers of the 90° radial are in the United States; beyond 10 kilometers the 90° radial is in a foreign country. The height above average terrain of the 3 to 10 kilometer portion of the 90° radial is 105 meters. The antenna height above average terrain is computed as follows (note that the divisor is 8 not 7.5): (120 + 255 + 105 + 90 − 10 − 85 + 40 + 85) / 8 = 75 meters. ( e ) In cases where the terrain in one or more directions from the antenna site departs widely from the average elevation of the 3 to 16 kilometer sector, the prediction method may indicate contour distances that are different from what may be expected in practice. For example, a mountain ridge may indicate the practical limit of service although the prediction method may indicate otherwise. In such cases, the prediction method should be followed, but a supplemental showing may be made concerning the contour distances as determined by other means. Such supplemental showings should describe the procedure used and should include sample calculations. Maps of predicted coverage should include both the coverage as predicted by the regular method and as predicted by a supplemental method. When measurements of area are required, these should include the area obtained by the regular prediction method and the area obtained by the supplemental method. In directions where the terrain is such that antenna heights less than 30 meters for the 3 to 16 kilometer sector are obtained, an assumed height of 30 meters must be used for the prediction of coverage. However, where the actual contour distances are critical factors, a supplemental showing of expected coverage must be included together with a description of the method used in predicting such coverage. In special cases, the FCC may require additional information as to terrain and coverage. ( f ) The effect of terrain roughness on the predicted field strength of a signal at points distant from an FM transmitting antenna is assumed to depend on the magnitude of a terrain roughness factor (h) which, for a specific propagation path, is determined by the characteristics of a segment of the terrain profile for that path 40 kilometers in length located between 10 and 50 kilometers from the antenna. The terrain roughness factor has a value equal to the distance, in meters, between elevations exceeded by all points on the profile for 10% and 90% respectively, of the length of the profile segment. (See § 73.333 , Figure 4.) ( g ) If the lowest field strength value of interest is initially predicted to occur over a particular propagation path at a distance that is less than 50 kilometers from the antenna, the terrain profile segment used in the determination of terrain roughness factor over that path must be that included between points 10 kilometers from the transmitter and such lesser distances. No terrain roughness correction need be applied when all field strength values of interest are predicted to occur 10 kilometers or less from the transmitting antenna. ( h ) Profile segments prepared for terrain roughness factor determinations are to be plotted in rectangular coordinates, with no less than 50 points evenly spaced within the segment using data obtained from topographic maps with contour intervals of approximately 15 meters (50 feet) or less if available. ( i ) The field strength charts ( § 73.333 , Figs. 1-1a) were developed assuming a terrain roughness factor of 50 meters, which is considered to be representative of average terrain in the United States. Where the roughness factor for a particular propagation path is found to depart appreciably from this value, a terrain roughness correction (Δ F ) should be applied to field strength values along this path, as predicted with the use of these charts. The magnitude and sign of this correction, for any value of Δ h, may be determined from a chart included in § 73.333 as Figure 5. ( j ) Alternatively, the terrain roughness correction may be computed using the following formula: Δ F = 1.9−0.03(Δ h )(1 + f /300) Where: Δ F = terrain roughness correction in dB Δ k = terrain roughness factor in meters f = frequency of signal in MHz (MHz) (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13623 , Dec. 14, 1963, as amended at 40 FR 27678 , July 1, 1975; 48 FR 29507 , June 27, 1983; 52 FR 11655 , Apr. 10, 1987; 52 FR 37789 , Oct. 9, 1987; 57 FR 48333 , Oct. 23, 1992; 63 FR 33877 , June 22, 1998] Effective Date Note Effective Date Note: At 42 FR 25736 , May 19, 1977, the effective date of § 73.313 paragraphs (i) and (j) was stayed indefinitely. § 73.314 Field strength measurements. ( a ) Except as provided for in § 73.209 , FM broadcast stations shall not be protected from any type of interference or propagation effect. Persons desiring to submit testimony, evidence or data to the Commission for the purpose of showing that the technical standards contained in this subpart do not properly reflect the levels of any given type of interference or propagation effect may do so only in appropriate rule making proceedings concerning the amendment of such technical standards. Persons making field strength measurements for formal submission to the Commission in rule making proceedings, or making such measurements upon the request of the Commission, shall follow the procedure for making and reporting such measurements outlined in paragraph (b) of this section. In instances where a showing of the measured level of a signal prevailing over a specific community is appropriate, the procedure for making and reporting field strength measurements for this purpose is set forth in paragraph (c) of this section. ( b ) Collection of field strength data for propagation analysis. ( 1 ) Preparation for measurements. ( i ) On large scale topographic maps, eight or more radials are drawn from the transmitter location to the maximum distance at which measurements are to be made, with the angles included between adjacent radials of approximately equal size. Radials should be oriented so as to traverse representative types of terrain. The specific number of radials and their orientation should be such as to accomplish this objective. ( ii ) Each radial is marked, at a point exactly 16 kilometers from the transmitter and, at greater distances, at successive 3 kilometer intervals. Where measurements are to be conducted over extremely rugged terrain, shorter intervals may be used, but all such intervals must be of equal length. Accessible roads intersecting each radial as nearly as possible at each 3 kilometer marker are selected. These intersections are the points on the radial at which measurements are to be made, and are referred to subsequently as measuring locations. The elevation of each measuring location should approach the elevation at the corresponding 3 kilometer marker as nearly as possible. ( 2 ) Measurement procedure. All measurements must be made utilizing a receiving antenna designed for reception of the horizontally polarized signal component, elevated 9 meters above the roadbed. At each measuring location, the following procedure must be used: ( i ) The instrument calibration is checked. ( ii ) The antenna is elevated to a height of 9 meters. ( iii ) The receiving antenna is rotated to determine if the strongest signal is arriving from the direction of the transmitter. ( iv ) The antenna is oriented so that the sector of its response pattern over which maximum gain is realized is in the direction of the transmitter. ( v ) A mobile run of at least 30 meters is made, that is centered on the intersection of the radial and the road, and the measured field strength is continuously recorded on a chart recorder over the length of the run. ( vi ) The actual measuring location is marked exactly on the topographic map, and a written record, keyed to the specific location, is made of all factors which may affect the recorded field, such as topography, height and types of vegetation, buildings, obstacles, weather, and other local features. ( vii ) If, during the test conducted as described in paragraph (b)(2)(iii) of this section, the strongest signal is found to come from a direction other than from the transmitter, after the mobile run prescribed in paragraph (b)(2)(v) of this section is concluded, additional measurements must be made in a “cluster” of at least five fixed points. At each such point, the field strengths with the antenna oriented toward the transmitter, and with the antenna oriented so as to receive the strongest field, are measured and recorded. Generally, all points should be within 60 meters of the center point of the mobile run. ( viii ) If overhead obstacles preclude a mobile run of at least 30 meters, a “cluster” of five spot measurements may be made in lieu of this run. The first measurement in the cluster is identified. Generally, the locations for other measurements must be within 60 meters of the location of the first. ( 3 ) Method of reporting measurements. A report of measurements to the Commission shall be submitted in affidavit form, in triplicate, and should contain the following information: ( i ) Tables of field strength measurements, which, for each measuring location, set forth the following data: ( A ) Distance from the transmitting antenna. ( B ) Ground elevation at measuring location. ( C ) Date, time of day, and weather. ( D ) Median field in dBu for 0 dBk, for mobile run or for cluster, as well as maximum and minimum measured field strengths. ( E ) Notes describing each measuring location. ( ii ) U.S. Geological Survey topographic maps, on which is shown the exact location at which each measurement was made. The original plots shall be made on maps of the largest available scale. Copies may be reduced in size for convenient submission to the Commission, but not to the extent that important detail is lost. The original maps shall be made available, if requested. If a large number of maps is involved, an index map should be submitted. ( iii ) All information necessary to determine the pertinent characteristics of the transmitting installation, including frequency, geographical coordinates of antenna site, rated and actual power output of transmitter, measured transmission line loss, antenna power gain, height of antenna above ground, above mean sea level, and above average terrain. The effective radiated power should be computed, and horizontal and vertical plane patterns of the transmitting antenna should be submitted. ( iv ) A list of calibrated equipment used in the field strength survey, which, for each instrument, specifies its manufacturer, type, serial number and rated accuracy, and the date of its most recent calibration by the manufacturer, or by a laboratory. Complete details of any instrument not of standard manufacture shall be submitted. ( v ) A detailed description of the calibration of the measuring equipment, including field strength meters, measuring antenna, and connecting cable. ( vi ) Terrain profiles in each direction in which measurements were made, drawn on curved earth paper for equivalent 4/3 earth radius, of the largest available scale. ( c ) Collection of field strength data to determine FM broadcast service in specific communities. ( 1 ) Preparation for measurement. ( i ) The population (P) of the community, and its suburbs, if any, is determined by reference to an appropriate source, e.g., the 1970 U.S. Census tables of population of cities and urbanized areas. ( ii ) The number of locations at which measurements are to be made shall be at least 15, and shall be approximately equal to 0.1(P) 1/2 , if this product is a number greater than 15. ( iii ) A rectangular grid, of such size and shape as to encompass the boundaries of the community is drawn on an accurate map of the community. The number of line intersections on the grid included within the boundaries of the community shall be at least equal to the required number of measuring locations. The position of each intersection on the community map determines the location at which a measurement shall be made. ( 2 ) Measurement procedure. All measurements must be made using a receiving antenna designed for reception of the horizontally polarized signal component, elevated 9 meters above ground level. ( i ) Each measuring location shall be chosen as close as feasible to a point indicated on the map, as previously prepared, and at as nearly the same elevation as that point as possible. ( ii ) At each measuring location, after equipment calibration and elevation of the antenna, a check is made to determine whether the strongest signal arrives from a direction other than from the transmitter. ( iii ) At 20 percent or more of the measuring locations, mobile runs, as described in paragraph (b)(2) of this section shall be made, with no less than three such mobile runs in any case. The points at which mobile measurements are made shall be well separated. Spot measurements may be made at other measuring points. ( iv ) Each actual measuring location is marked exactly on the map of the community, and suitably keyed. A written record shall be maintained, describing, for each location, factors which may affect the recorded field, such as the approximate time of measurement, weather, topography, overhead wiring, heights and types of vegetation, buildings and other structures. The orientation, with respect to the measuring location shall be indicated of objects of such shape and size as to be capable of causing shadows or reflections. If the strongest signal received was found to arrive from a direction other than that of the transmitter, this fact shall be recorded. ( 3 ) Method of reporting measurements. A report of measurements to the Commission shall be submitted in affidavit form, in triplicate, and should contain the following information: ( i ) A map of the community showing each actual measuring location, specifically identifying the points at which mobile runs were made. ( ii ) A table keyed to the above map, showing the field strength at each measuring point, reduced to dBu for the actual effective radiated power of the station. Weather, date, and time of each measurement shall be indicated. ( iii ) Notes describing each measuring location. ( iv ) A topographic map of the largest available scale on which are marked the community and the transmitter site of the station whose signals have been measured, which includes all areas on or near the direct path of signal propagation. ( v ) Computations of the mean and standard deviation of all measured field strengths, or a graph on which the distribution of measured field strength values is plotted. ( vi ) A list of calibrated equipment used for the measurements, which for each instrument, specifies its manufacturer, type, serial number and rated accuracy, and the date of its most recent calibration by the manufacturer, or by a laboratory. Complete details of any instrument not of standard manufacture shall be submitted. ( vii ) A detailed description of the procedure employed in the calibration of the measuring equipment, including field strength meters, measuring antenna, and connecting cable. [ 40 FR 27682 , July 1, 1975; 40 FR 28802 , July 9, 1975, as amended at 48 FR 29508 , June 27, 1983] § 73.315 FM transmitter location. ( a ) The transmitter location shall be chosen so that, on the basis of the effective radiated power and antenna height above average terrain employed, a minimum field strength of 70 dB above one uV/m (dBu), or 3.16 mV/m, will be provided over the entire principal community to be served. ( b ) The transmitter location should be chosen to maximize coverage to the city of license while minimizing interference. This is normally accomplished by locating in the least populated area available while maintaining the provisions of paragraph (a) of this section. In general, the transmitting antenna of a station should be located in the most sparsely populated area available at the highest elevation available. The location of the antenna should be so chosen that line-of-sight can be obtained from the antenna over the principle city or cities to be served; in no event should there be a major obstruction in this path. ( c ) The transmitting location should be selected so that the 1 mV/m contour encompasses the urban population within the area to be served. It is recognized that topography, shape of the desired service area, and population distribution may make the choice of a transmitter location difficult. In such cases consideration may be given to the use of a directional antenna system, although it is generally preferable to choose a site where a nondirectional antenna may be employed. ( d ) In cases of questionable antenna locations it is desirable to conduct propagation tests to indicate the field strength expected in the principal city or cities to be served and in other areas, particularly where severe shadow problems may be expected. In considering applications proposing the use of such locations, the Commission may require site tests to be made. Such tests should include measurements made in accordance with the measurement procedures described in § 73.314 , and full data thereon shall be supplied to the Commission. The test transmitter should employ an antenna having a height as close as possible to the proposed antenna height, using a balloon or other support if necessary and feasible. Information concerning the authorization of site tests may be obtained from the Commission upon request. ( e ) Cognizance must of course be taken regarding the possible hazard of the proposed antenna structure to aviation and the proximity of the proposed site to airports and airways. Procedures and standards with respect to the Commission's consideration of proposed antenna structures which will serve as a guide to persons intending to apply for radio station licenses are contained in Part 17 of this chapter (Construction, Marking, and Lighting of Antenna Structures). [ 28 FR 13623 , Dec. 14, 1963, as amended at 41 FR 22943 , June 8, 1976; 49 FR 38131 , Sept. 27, 1984; 49 FR 45146 , Nov. 15, 1984; 51 FR 9965 , Mar. 24, 1986; 52 FR 10570 , Apr. 2, 1987; 65 FR 79778 , Dec. 20, 2000] § 73.316 FM antenna systems. ( a ) It shall be standard to employ horizontal polarization; however, circular or elliptical polarization may be employed if desired. Clockwise or counterclockwise rotation may be used. The supplemental vertically polarized effective radiated power required for circular or elliptical polarization shall in no event exceed the effective radiated power authorized. ( b ) Directional antennas. A directional antenna is an antenna that is designed or altered for the purpose of obtaining a non-circular radiation pattern. ( 1 ) Applications for the use of directional antennas that propose a ratio of maximum to minimum radiation in the horizontal plane of more than 15 dB will not be accepted. ( 2 ) Directional antennas used to protect short-spaced stations pursuant to § 73.213 or § 73.215 of the rules, that have a radiation pattern which varies more than 2 dB per 10 degrees of azimuth will not be authorized. ( c ) Applications for directional antennas. ( 1 ) Applications for construction permit proposing the use of directional antenna systems must include a tabulation of the composite antenna pattern for the proposed directional antenna. A value of 1.0 must be used to correspond to the direction of maximum radiation. The pattern must be tabulated such that 0° corresponds to the direction of maximum radiation or alternatively, in the case of an asymmetrical antenna pattern, the pattern must be tabulated such that 0° corresponds to the actual azimuth with respect to true North. In the case of a composite antenna composed of two or more individual antennas, the pattern required is that for the composite antenna, not the patterns for each of the individual antennas. Applications must include valuations tabulated at intervals of not greater than ten (10) degrees. In addition, tabulated values of all maximas and minimas, with their corresponding azimuths, must be submitted. ( 2 ) Applications for license upon completion of antenna construction must include the following: ( i ) A complete description of the antenna system, including the manufacturer and model number of the directional antenna. It is not sufficient to label the antenna with only a generic term such as “dipole.” In the case of individually designed antennas with no model number, or in the case of a composite antenna composed of two or more individual antennas, the antenna must be described as a “custom” or “composite” antenna, as appropriate. A full description of the design of the antenna must also be submitted. ( ii ) A plot of the composite pattern of the directional antenna. A value of 1.0 must be used to correspond to the direction of maximum radiation. The plot of the pattern must be oriented such that 0° corresponds to the direction of maximum radiation or alternatively, in the case of an asymmetrical antenna pattern, the plot must be oriented such that 0° corresponds to the actual azimuth with respect to true North. The horizontal plane pattern must be plotted to the largest scale possible on unglazed letter-size polar coordinate paper (main engraving approximately 18 cm × 25 cm (7 inches × 10 inches)) using only scale divisions and subdivisions of 1, 2, 2.5, or 5 times 10-nth. Values of field strength less than 10% of the maximum field strength plotted on that pattern must be shown on an enlarged scale. In the case of a composite antenna composed of two or more individual antennas, the composite antenna pattern should be provided, and not the pattern for each of the individual antennas. ( iii ) A tabulation of the measured or computer modeled relative field pattern required in paragraph (c)(1) of this section. The tabulation must use the same zero degree reference as the plotted pattern, and must contain values for at least every 10 degrees. Sufficient vertical patterns to indicate clearly the radiation characteristics of the antenna above and below the horizontal plane. Complete information and patterns must be provided for angles of −10 deg. from the horizontal plane and sufficient additional information must be included on that portion of the pattern lying between + 10 deg. and the zenith and −10 deg. and the nadir, to conclusively demonstrate the absence of undesirable lobes in these areas. The vertical plane pattern must be plotted on rectangular coordinate paper with reference to the horizontal plane. In the case of a composite antenna composed of two or more individual antennas, the composite antenna pattern should be used, and not the pattern for each of the individual antennas. ( iv ) When the relative field pattern is computer modeled, as permitted in paragraphs (c)(2)(iii) and (x) of this section and in § 73.1690(c)(2) , the computer model must be generated by the manufacturer of the antenna, and must include a statement from the engineer(s) responsible for designing the antenna, performing the modeling, and preparing the manufacturer's instructions for installation of the antenna, that identifies and describes the software tool(s) used in the modeling and the procedures applied in using the software. It must also include a certification that the software executed normally without generating any error messages or warnings indicating an error in the program inputs. Such computer modeling shall include modeling of the antenna mounted on a tower or tower section, and the tower or tower section model must include transmission lines, ladders, conduits, appurtenances, other antennas, and any other installations that may affect the computer modeled directional pattern. The first time the directional pattern of a particular model of antenna is verified using a particular modeling software, the license applicant must submit to the Commission both the results of the computer modeling and measurements of either a full-size or scale model of the antenna or elements thereof, demonstrating reasonable correlation between the measurements achieved and the computer model results. Once a particular antenna model or series of elements has been verified by any license applicant using a particular modeling software, subsequent license applicants using the same antenna model number or elements and using the same modeling software to verify the directional pattern may submit the computer model for the subsequent antenna installation and cross-reference the original submission by providing the application file number. ( v ) A statement that the antenna is mounted on the top of an antenna tower recommended by the antenna manufacturer, or is side-mounted on a particular type of antenna tower in accordance with specific instructions provided by the antenna manufacturer. ( vi ) A statement that the directional antenna is not mounted on the top of an antenna tower which includes a top-mounted platform larger than the nominal cross-sectional area of the tower in the horizontal plane. ( vii ) A statement that no other antenna of any type is mounted on the same tower level as a directional antenna, and that no antenna of any type is mounted within any horizontal or vertical distance specified by the antenna manufacturer as being necessary for proper directional operation. ( viii ) A statement from an engineer listing such individual engineer's qualifications and certifying that the antenna has been installed pursuant to the manufacturer's instructions. ( ix ) A statement from a licensed surveyor that the installed antenna is properly oriented. ( x ) ( A ) For a station authorized pursuant to § 73.215 or § 73.509 , a showing that the root mean square (RMS) of the measured or computer modeled composite antenna pattern (encompassing both the horizontally and vertically polarized radiation components (in relative field)) is at least 85 percent of the RMS of the authorized composite directional antenna pattern (in relative field). The RMS value, for a composite antenna pattern specified in relative field values, may be determined from the following formula: RMS = the square root of: [(relative field value 1) 2 + (relative field value 2) 2 + .... + (last relative field value) 2 ] total number of relative field values ( B ) Where the relative field values are taken from at least 36 evenly spaced radials for the entire 360 degrees of azimuth. The application for license must also demonstrate that coverage of the community of license by the 70 dBu contour is maintained for stations authorized pursuant to § 73.215 on Channels 221 through 300, as required by § 73.315(a) , while noncommercial educational stations operating on Channels 201 through 220 must show that the 60 dBu contour covers at least a portion of the community of license. ( d ) Applications proposing the use of FM transmitting antennas in the immediate vicinity ( i.e., 60 meters or less) of other FM or TV broadcast antennas must include a showing as to the expected effect, if any, of such proximate operation. ( e ) Where an FM licensee or permittee proposes to mount its antenna on or near an AM tower, as defined in § 1.30002 , the FM licensee or permittee must comply with § 1.30003 or § 1.30002 , depending on whether the antenna is proposed to be mounted on an AM tower ( § 1.30003 ) or near an AM tower ( § 1.30002 ). [ 28 FR 13623 , Dec. 14, 1963, as amended at 34 FR 14222 , Sept. 10, 1969; 37 FR 25841 , Dec. 5, 1972; 43 FR 53738 , Nov. 17, 1978; 48 FR 29508 , June 27, 1983; 51 FR 17028 , May 8, 1986; 54 FR 9804 , Mar. 8, 1989; 56 FR 57294 , Nov. 8, 1991; 62 FR 51058 , Sept. 30, 1997; 63 FR 70047 , Dec. 18, 1998; 78 FR 66298 , Nov. 5, 2013; 87 FR 15343 , Mar. 18, 2022; 87 FR 35430 , June 10, 2022] § 73.317 FM transmission system requirements. ( a ) FM broadcast stations employing transmitters authorized after January 1, 1960, must maintain the bandwidth occupied by their emissions in accordance with the specification detailed below. FM broadcast stations employing transmitters installed or type accepted before January 1, 1960, must achieve the highest degree of compliance with these specifications practicable with their existing equipment. In either case, should harmful interference to other authorized stations occur, the licensee shall correct the problem promptly or cease operation. ( b ) Any emission appearing on a frequency removed from the carrier by between 120 kHz and 240 kHz inclusive must be attenuated at least 25 dB below the level of the unmodulated carrier. Compliance with this requirement will be deemed to show the occupied bandwidth to be 240 kHz or less. ( c ) Any emission appearing on a frequency removed from the carrier by more than 240 kHz and up to and including 600 kHz must be attenuated at least 35 dB below the level of the unmodulated carrier. ( d ) Any emission appearing on a frequency removed from the carrier by more than 600 kHz must be attenuated at least 43 + 10 Log 10 (Power, in watts) dB below the level of the unmodulated carrier, or 80 dB, whichever is the lesser attenuation. ( e ) Preemphasis shall not be greater than the impedance-frequency characteristics of a series inductance resistance network having a time constant of 75 microseconds. (See upper curve of Figure 2 of § 73.333 .) [ 51 FR 17028 , May 8, 1986] § 73.318 FM blanketing interference. Areas adjacent to the transmitting antenna that receive a signal with a strength of 115 dBu (562 mV/m) or greater will be assumed to be blanketed. In determining the blanketed area, the 115 dBu contour is determined by calculating the inverse distance field using the effective radiated power of the maximum radiated lobe of the antenna without considering its vertical radiation pattern or height. For directional antennas, the effective radiated power in the pertinent bearing shall be used. ( a ) The distance to the 115 dBu contour is determined using the following equation: D (in kilometers) = 0.394√ P D (in miles) = 0.245√ P Where P is the maximum effective radiated power (ERP), measured in kilowatts, of the maximum radiated lobe. ( b ) After January 1, 1985, permittees or licensees who either ( 1 ) commence program tests, or ( 2 ) replace their antennas, or ( 3 ) request facilities modifications and are issued a new construction permit must satisfy all complaints of blanketing interference which are received by the station during a one year period. The period begins with the commencement of program tests, or commencement of programming utilizing the new antenna. Resolution of complaints shall be at no cost to the complainant. These requirements specifically do not include interference complaints resulting from malfunctioning or mistuned receivers, improperly installed antenna systems, or the use of high gain antennas or antenna booster amplifiers. Mobile receivers and non-RF devices such as tape recorders or hi-fi amplifiers (phonographs) are also excluded. ( c ) A permittee collocating with one or more existing stations and beginning program tests on or after January 1, 1985, must assume full financial responsibility for remedying new complaints of blanketing interference for a period of one year. Two or more permittees that concurrently collocate on or after January 1, 1985, shall assume shared responsibility for remedying blanketing complaints within the blanketing area unless an offending station can be readily determined and then that station shall assume full financial responsibility. ( d ) Following the one year period of full financial obligation to satisfy blanketing complaints, licensees shall provide technical information or assistance to complainants on remedies for blanketing interference. [ 28 FR 13623 , Dec. 14, 1963, as amended at 52 FR 25866 , July 9, 1987] § 73.319 FM multiplex subcarrier technical standards. ( a ) The technical specifications in this Section apply to all transmissions of FM multiplex subcarriers except those used for stereophonic sound broadcasts under the provisions of § 73.322 . ( b ) Modulation. Any form of modulation may be used for subcarrier operation. ( c ) Subcarrier baseband. ( 1 ) During monophonic program transmissions, multiplex subcarriers and their significant sidebands must be within the range of 20 kHz to 99 kHz. ( 2 ) During stereophonic sound program transmissions (see § 73.322 ), multiplex subcarriers and their significant sidebands must be within the range of 53 kHz to 99 kHz. ( 3 ) During periods when broadcast programs are not being transmitted, multiplex subcarriers and their significant sidebands must be within the range of 20 kHz to 99 kHz. ( d ) Subcarrier injection. ( 1 ) During monophonic program transmissions, modulation of the carrier by the arithmetic sum of all subcarriers may not exceed 30% referenced to 75 kHz modulation deviation. However, the modulation of the carrier by the arithmetic sum of all subcarriers above 75 kHz may not modulate the carrier by more than 10%. ( 2 ) During stereophonic program transmissions, modulation of the carrier by the arithmetic sum of all subcarriers may not exceed 20% referenced to 75 kHz modulation deviation. However, the modulation of the carrier by the arithmetic sum of all subcarriers above 75 kHz may not modulate the carrier by more than 10%. ( 3 ) During periods when no broadcast program service is transmitted, modulation of the carrier by the arithmetic sum of all subcarriers may not exceed 30% referenced to 75 kHz modulation deviation. However, the modulation of the carrier by the arithmetic sum of all subcarriers above 75 kHz may not modulate the carrier by more than 10%. ( 4 ) Total modulation of the carrier wave during transmission of multiplex subcarriers used for subsidiary communications services must comply with the provisions § 73.1570(b) . ( e ) Subcarrier generators may be installed and used with a type accepted FM broadcast transmitter without specific authorization from the FCC provided the generator can be connected to the transmitter without requiring any mechanical or electrical modifications in the transmitter FM exciter circuits. ( f ) Stations installing multiplex subcarrier transmitting equipment must ensure the proper suppression of spurious or harmonic radiations. See §§ 73.317 , 73.1590 and 73.1690 . If the subcarrier operation causes the station's transmissions not to comply with the technical provisions for FM broadcast stations or causes harmful interference to other communication services, the licensee or permittee must correct the problem promptly or cease operation. The licensee may be required to verify the corrective measures with supporting data. Such data must be retained at the station and be made available to the FCC upon request. [ 48 FR 28455 , June 22, 1983, as amended at 48 FR 37216 , Aug. 17, 1983; 49 FR 15080 , Apr. 17, 1984; 49 FR 38131 , Sept. 27, 1984; 50 FR 1534 , Jan. 11, 1985; 51 FR 17029 , May 8, 1986; 57 FR 48333 , Oct. 23, 1992] § 73.322 FM stereophonic sound transmission standards. ( a ) An FM broadcast station shall not use 19 kHz ±20 Hz, except as the stereophonic pilot frequency in a transmission system meeting the following parameters: ( 1 ) The modulating signal for the main channel consists of the sum of the right and left signals. ( 2 ) The pilot subcarrier at 19 kHz ±2 Hz, must frequency modulate the main carrier between the limits of 8 and 10 percent. ( 3 ) One stereophonic subcarrier must be the second harmonic of the pilot subcarrier ( i.e. , 38 kHz) and must cross the time axis with a positive slope simultaneously with each crossing of the time axis by the pilot subcarrier. Additional stereophomic subcarriers are not precluded. ( 4 ) Double sideband, suppressed-carrier, amplitude modulation of the stereophonic subcarrier at 38 kHz must be used. ( 5 ) The stereophonic subcarrier at 38 kHz must be suppressed to a level less than 1% modulation of the main carrier. ( 6 ) The modulating signal for the required stereophonic subcarrier must be equal to the difference of the left and right signals. ( 7 ) The following modulation levels apply: ( i ) When a signal exists in only one channel of a two channel (biphonic) sound transmission, modulation of the carrier by audio components within the baseband range of 50 Hz to 15 kHz shall not exceed 45% and modulation of the carrier by the sum of the amplitude modulated subcarrier in the baseband range of 23 kHz to 53 kHz shall not exceed 45%. ( ii ) When a signal exists in only one channel of a stereophonic sound transmission having more than one stereophonic subcarrier in the baseband, the modulation of the carrier by audio components within the audio baseband range of 23 kHz to 99 kHz shall not exceed 53% with total modulation not to exceed 90%. ( b ) Stations not transmitting stereo with the method described in (a), must limit the main carrier deviation caused by any modulating signals occupying the band 19 kHz ±20 Hz to 125 Hz. ( c ) All stations, regardless of the stereophonic transmission system used, must not exceed the maximum modulation limits specified in § 73.1570(b)(2) . Stations not using the method described in (a), must limit the modulation of the carrier by audio components within the audio baseband range of 23 kHz to 99 kHz to not exceed 53%. [ 51 FR 17029 , May 8, 1986] § 73.333 Engineering charts. This section consists of the following Figures 1, 1a, 2, and slider 4 and 5. Note: The figures reproduced herein, due to their small scale, are not to be used in connection with material submitted to the F.C.C. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13623 , Dec. 14, 1963, as amended at 35 FR 2591 , Feb. 5, 1970; 40 FR 27679 , July 1, 1975; 45 FR 28141 , Apr. 28, 1980; 48 FR 29508 , June 27, 1983; 49 FR 19670 , May 9, 1984] Effective Date Note Effective Date Note: At 42 FR 25736 , May 19, 1977, in § 73.333 , the effective date of Figures 4 and 5 was stayed indefinitely. Subpart C—Digital Audio Broadcasting Source: 72 FR 45692 , Aug. 15, 2007, unless otherwise noted. § 73.401 Scope. This subpart contains those rules which apply exclusively to the digital audio broadcasting (DAB) service, and are in addition to those rules in Subparts A, B, C, G and H which apply to AM and FM broadcast services, both commercial and noncommercial. § 73.402 Definitions. ( a ) DAB. Digital audio broadcast stations are those radio stations licensed by the Commission and use the In-band On-channel (“IBOC”) system for broadcasting purposes. ( b ) In Band On Channel DAB System. A technical system in which a station's digital signal is broadcast in the same spectrum and on the same channel as its analog signal. ( c ) Hybrid DAB System. A system which transmits both the digital and analog signals within the spectral emission mask of a single AM or FM channel. ( d ) Extended hybrid operation. An enhanced mode of FM IBOC DAB operation which includes additional DAB subcarriers transmitted between the analog FM signal and the inner edges of the primary DAB sidebands. ( e ) Primary AM DAB Sidebands. The two groups of hybrid AM IBOC DAB subcarriers which are transmitted 10 to 15 kHz above carrier frequency (the upper primary DAB sideband), and 10 to 15 kHz below carrier frequency (the lower primary DAB sideband). ( f ) Multicasting. Subdividing the digital bitstream into multiple channels for additional audio programming uses. ( g ) Datacasting. Subdividing the digital bitstream into multiple channels for additional data or information services uses. ( h ) All-digital AM station. An AM station broadcasting an IBOC waveform that consists solely of digitally modulated subcarriers and the unmodulated AM carrier. [ 72 FR 45692 , Aug. 15, 2007, as amended at 85 FR 78027 , Dec. 3, 2020] § 73.403 Digital audio broadcasting service requirements. ( a ) Broadcast radio stations using IBOC must transmit at least one over-the-air digital audio programming stream at no direct charge to listeners. In addition, a hybrid broadcast radio station must simulcast its analog audio programming on one of its digital audio programming streams. The DAB audio programming stream that is provided pursuant to this paragraph (a) must be at least comparable in sound quality with a standard analog broadcast. ( b ) Emergency information. The emergency information requirements found in § 73.1250 shall apply to all free DAB programming streams. [ 72 FR 45692 , Aug. 15, 2007, as amended at 85 FR 78027 , Dec. 3, 2020] § 73.404 IBOC DAB operation. ( a ) The licensee of an AM or FM station, or the permittee of a new AM or FM station which has commenced program test operation pursuant to § 73.1620 , may commence hybrid IBOC DAB operation with digital facilities which conform to the technical specifications specified for hybrid DAB operation in the (2002) First Report and Order in MM Docket No. 99-325, as revised in the Media Bureau's subsequent Order in MM Docket No. 99-325. In addition, the licensee of an AM station, or the permittee of a new AM station that has commenced program test authority pursuant to § 73.1620 , may, with reasonable notice to listeners, commence all-digital IBOC operation with digital facilities that conform to the requirements set out in the (2020) Report and Order in MB Docket No. 19-311 and MB Docket No. 13-249. An AM or FM station may transmit IBOC signals during all hours for which the station is licensed to broadcast. ( b ) In situations where interference to other stations is anticipated or actually occurs, hybrid AM licensees may, upon notification to the Commission, reduce the power of the primary DAB sidebands by up to 6 dB. All-digital AM licensees, may, upon notification to the Commission, reduce the power of the secondary and tertiary sidebands by up to 6 dB, even if doing so results in non-compliance with § 73.1560(a)(1) . Any greater reduction of sideband power requires prior authority from the Commission via the filing of a request for special temporary authority or an informal letter request for modification of license. ( c ) Hybrid IBOC AM stations must use the same licensed main or auxiliary antenna to transmit the analog and digital signals. ( d ) FM stations may transmit hybrid IBOC signals in combined mode; i.e. , using the same antenna for the analog and digital signals; or may employ separate analog and digital antennas. Where separate antennas are used, the digital antenna: ( 1 ) Must be a licensed auxiliary antenna of the station; ( 2 ) Must be located within 3 seconds latitude and longitude from the analog antenna; ( 3 ) Must have a radiation center height above average terrain between 70 and 100 percent of the height above average terrain of the analog antenna. [ 72 FR 45692 , Aug. 15, 2007, as amended at 75 FR 17877 , Apr. 8, 2010; 85 FR 18151 , Apr. 1, 2020; 85 FR 78027 , Dec. 3, 2020] § 73.406 Notification. ( a ) Hybrid AM and FM licensees must electronically file a digital notification to the Commission in Washington, DC, within 10 days of commencing IBOC digital operation. ( 1 ) All-digital licensees must file a digital notification within 10 days of the following changes: ( i ) Any reduction in nominal power of an all-digital AM station; ( ii ) A transition from enhanced to core-only operating mode; or ( iii ) A reversion from all-digital to hybrid or analog operation. ( 2 ) All-digital licensees will not be permitted to commence operation sooner than 30 calendar days from public notice of digital notification of the following changes: ( i ) The commencement of new all-digital operation; ( ii ) An increase in nominal power of an all-digital AM station; or ( iii ) A transition from core-only to enhanced operating mode. ( b ) Every digital notification must include the following information: ( 1 ) The call sign and facility identification number of the station; ( 2 ) If applicable, the date on which the new or modified IBOC operation commenced or ceased; ( 3 ) The name and telephone number of a technical representative the Commission can call in the event of interference; ( 4 ) A certification that the operation will not cause human exposure to levels of radio frequency radiation in excess of the limits specified in § 1.1310 of this chapter and is therefore categorically excluded from environmental processing pursuant to § 1.1306(b) of this chapter . Any station that cannot certify compliance must submit an environmental assessment (“EA”) pursuant to § 1.1311 of this chapter and may not commence IBOC operation until such EA is ruled upon by the Commission. ( c ) Each AM digital notification must also include the following information: ( 1 ) A certification that the IBOC DAB facilities conform to applicable nominal power limits and emissions mask limits; ( 2 ) The nominal power of the station; if separate analog and digital transmitters are used, the nominal power for each transmitter; ( 3 ) If applicable, the amount of any reduction in an AM station's digital carriers; ( 4 ) For all-digital stations, the type of notification (all-digital notification, increase in nominal power, reduction in nominal power, transition from core-only to enhanced, transition from enhanced to core-only, reversion from all-digital to hybrid or analog operation); ( 5 ) For all-digital stations, if a notification of commencement of new all-digital service or a nominal power change, whether the station is operating in core-only or enhanced mode; and ( 6 ) For all-digital stations, a certification that the all-digital station complies with all Emergency Alert System (EAS) requirements in part 11 of this chapter . ( d ) Each FM digital notification must also include the following information: ( 1 ) A certification that the IBOC DAB facilities conform to the HD Radio emissions mask limits; ( 2 ) FM digital effective radiated power used and certification that the FM analog effective radiated power remains as authorized; ( 3 ) If applicable, the geographic coordinates, elevation data, and license file number of the auxiliary antenna employed by an FM station as a separate digital antenna; and ( 4 ) If applicable, for FM systems employing interleaved antenna bays, a certification that adequate filtering and/or isolation equipment has been installed to prevent spurious emissions in excess of the limits specified in § 73.317 . [ 85 FR 78027 , Dec. 3, 2020] Subpart D—Noncommercial Educational FM Broadcast Stations Source: 28 FR 13651 , Dec. 14, 1963, unless otherwise noted. Redesignated at 72 FR 45692 , Aug. 15, 2007. § 73.501 Channels available for assignment. ( a ) The following frequencies, except as provided in paragraph (b) of this section, are available for noncommercial educational FM broadcasting: Frequency (MHz) Channel No. 87.9 1 200 88.1 201 88.3 202 88.5 203 88.7 204 88.9 205 89.1 2 206 89.3 207 89.5 208 89.7 209 89.9 210 90.1 211 90.3 212 90.5 213 90.7 214 90.9 215 91.1 216 91.3 217 91.5 218 91.7 219 91.9 220 1 The frequency 87.9 MHz, Channel 200, is available only for use of existing Class D stations required to change frequency. It is available only on a noninterference basis with respect to TV Channel 6 stations and adjacent channel noncommercial educational FM stations. It is not available at all within 402 kilometers (250 miles) of Canada and 320 kilometers (199 miles) of Mexico. The specific standards governing its use are contained in § 73.512 . 2 The frequency 89.1 MHz, Channel 206, in the New York City metropolitan area, is reserved for the use of the United Nations with the equivalent of an antenna height of 150 meters (492 feet) above average terrain and effective radiated power of 20 kW and the Commission will make no assignments which would cause objectionable interference with such use. ( b ) [Reserved] [ 43 FR 39715 , Sept. 6, 1978, as amended at 47 FR 30068 , July 12, 1982; 52 FR 43765 , Nov. 16, 1987; 58 FR 44950 , Aug. 25, 1993; 87 FR 15343 , Mar. 18, 2022] § 73.503 Licensing requirements and service. The operation of, and the service furnished by noncommercial educational FM broadcast stations shall be governed by the following: ( a ) A noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program. ( 1 ) In determining the eligibility of publicly supported educational organizations, the accreditation of their respective state departments of education shall be taken into consideration. ( 2 ) In determining the eligibility of privately controlled educational organizations, the accreditation of state departments of education and/or recognized regional and national educational accrediting organizations shall be taken into consideration. ( b ) Each station may transmit programs directed to specific schools in a system or systems for use in connection with the regular courses as well as routine and administrative material pertaining thereto and may transmit educational, cultural, and entertainment programs to the public. ( c ) A noncommercial educational FM broadcast station may broadcast programs produced by, or at the expense of, or furnished by persons other than the licensee, if no other consideration than the furnishing of the program and the costs incidental to its production and broadcast are received by the licensee. The payment of line charges by another station network, or someone other than the licensee of a noncommercial educational FM broadcast station, or general contributions to the operating costs of a station, shall not be considered as being prohibited by this paragraph. ( d ) Each station shall furnish a nonprofit and noncommercial broadcast service. Noncommercial educational FM broadcast stations are subject to the provisions of § 73.1212 to the extent they are applicable to the broadcast of programs produced by, or at the expense of, or furnished by others. No promotional announcement on behalf of for profit entities shall be broadcast at any time in exchange for the receipt, in whole or in part, of consideration to the licensee, its principals, or employees. However, acknowledgements of contributions can be made. The scheduling of any announcements and acknowledgements may not interrupt regular programming, except as permitted under paragraph (e) of this section. ( e ) A noncommercial educational FM broadcast station may interrupt regular programming to conduct fundraising activities on behalf of a third-party non-profit organization, provided that all such fundraising activities conducted during any given year do not exceed one percent of the station's total annual airtime. A station may use the prior year's total airtime for purposes of determining how many hours constitute one percent of its total annual airtime. With respect to stations that multicast programming on two or more separate channels, the one-percent annual limit will apply separately to each individual programming stream. For purposes of this paragraph, a non-profit organization is an entity that qualifies as a non-profit organization under 26 U.S.C. 501(c)(3) . ( 1 ) Audience disclosure. A noncommercial educational FM broadcast station that interrupts regular programming to conduct fundraising activities on behalf of a third-party non-profit organization must air a disclosure during such activities clearly stating that the fundraiser is not for the benefit of the station itself and identifying the entity for which it is fundraising. The station must air the audience disclosure at the beginning and the end of each fundraising program and at least once during each hour in which the program is on the air. ( 2 ) Reimbursement. A noncommercial educational FM broadcast station that interrupts regular programming to conduct fundraising activities on behalf of a third-party non-profit organization may accept reimbursement of expenses incurred in conducting third-party fundraising activities or airing third-party fundraising programs. ( 3 ) Exemption. No noncommercial educational FM broadcast station that receives funding from the Corporation for Public Broadcasting shall have the authority to interrupt regular programming to conduct fundraising activities on behalf of a third-party non-profit organization. ( f ) Mutually exclusive applications for noncommercial educational radio stations operating on reserved channels will be resolved pursuant to the point system in subpart K. ( g ) Application limit. An applicant may file no more than a total of 10 applications in the 2021 NCE FM filing window. A party to an application filed in the 2021 NCE FM filing window may hold attributable interests, as defined in § 73.7000 , in no more than a total of 10 applications filed in the window. If it is determined that any party to an application has an attributable interest in more than 10 applications, the Media Bureau will retain the 10 applications that were filed first—based on the date of application receipt—and dismiss all other applications. Note to § 73.503 : Commission interpretation on this rule, including the acceptable form of acknowledgements, may be found in the Second Report and Order in Docket No. 21136 (Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations), 86 FCC 2d 141 (1981); the Memorandum Opinion and Order in Docket No. 21136, 90 FCC 2d 895 (1982); the Memorandum Opinion and Order in Docket 21136, 97 FCC 2d 255 (1984); and the Report and Order in Docket No. 12-106 (Noncommercial Educational Station Fundraising for Third-Party Non-Profit Organizations), FCC 17-41, April 20, 2017. See also Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, Public Notice, 7 FCC Rcd 827 (1992), which can be retrieved through the Internet at http://www.fcc.gov/mmb/asd/nature.html . (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13651 , Dec. 14, 1963, as amended at 35 FR 7558 , May 15, 1970; 47 FR 36178 , Aug. 19, 1982; 49 FR 29069 , July 18, 1984; 63 FR 33877 , June 22, 1998; 65 FR 36378 , June 8, 2000; 82 FR 21135 , May 5, 2017; 86 FR 26838 , May 5, 2021] § 73.504 Channel assignments in the Mexican border area. ( a ) NCE-FM stations within 199 miles (320 km) of the United States-Mexican border shall comply with the separation requirements and other provisions of the “Agreement between the United States of America and the United Mexican States Concerning Frequency Modulation Broadcasting in the 88 to 108 MHz Band” as amended. ( b ) Applicants for noncommercial educational FM stations within 199 miles (320 km) of the United States-Mexican border shall propose at least Class A minimum facilities (see § 73.211(a) ). However, existing Class D noncommercial educational stations may apply to change frequency within the educational portion of the FM band in accordance with the requirements set forth in § 73.512 . ( c ) Section 73.208 of this chapter shall be complied with as to the determination of reference points and distance computations used in applications for new or changed facilities. However, if it is necessary to consider a Mexican channel assignment or authorization, the computation of distance will be determined as follows: if a transmitter site has been established, on the basis of the coordinates of the site; if a transmitter site has not been established, on the basis of the reference coordinates of the community, town, or city. [ 52 FR 43765 , Nov. 16, 1987] § 73.505 Zones. For the purpose of assignment of noncommercial educational FM stations, the United States is divided into three zones, Zone I, Zone I-A, and Zone II, having the boundaries specified in § 73.205 . [ 42 FR 36828 , July 18, 1977] § 73.506 Classes of noncommercial educational FM stations and channels. ( a ) Noncommercial educational stations operating on the channels specified in § 73.501 are divided into the following classes: ( 1 ) A Class D educational station is one operating with no more than 10 watts transmitter power output. ( 2 ) A Class D educational (secondary) station is one operating with no more than 10 watts transmitter power output in accordance with the terms of § 73.512 or which has elected to follow these requirements before they become applicable under the terms of § 73.512 . ( 3 ) Noncommercial educational FM (NCE-FM) stations with more than 10 watts transmitter power output are classified as Class A, B1, B, C3, C2, C1, or C depending on the station's effective radiated power and antenna height above average terrain, and on the zone in which the station's transmitter is located, on the same basis as set forth in §§ 73.210 and 73.211 for commercial stations. ( b ) Any noncommercial educational station except Class D may be assigned to any of the channels listed in § 73.501 . Class D noncommercial educational FM stations applied for or authorized prior to June 1, 1980, may continue to operate on their authorized channels subject to the provisions of § 73.512 . [ 43 FR 39715 , Sept. 6, 1978, as amended at 49 FR 10264 , Mar. 20, 1984; 52 FR 47569 , Dec. 15, 1987; 54 FR 16367 , Apr. 24, 1989; 54 FR 19374 , May 5, 1989] § 73.507 Minimum distance separations between stations. ( a ) Minimum distance separations. No application for a new station, or change in channel or transmitter site or increase in facilities of an existing station, will be granted unless the proposed facilities will be located so as to meet the adjacent channel distance separations specified in § 73.207(a) for the class of station involved with respect to assignment on Channels 221, 222, and 223 listed in § 73.201 (except where in the case of an existing station the proposed facilities fall within the provisions of § 73.207(b) ), or where a Class D station is changing frequency to comply with the requirements of § 73.512 . ( b ) Stations authorized as of September 10, 1962, which do not meet the requirements of paragraph (a) of this section and § 73.511 , may continue to operate as authorized; but any application to change facilities will be subject to the provisions of this section. ( c ) ( 1 ) Stations separated in frequency by 10.6 or 10.8 MHz (53 or 54 channels) from allotments or assignments on non-reserved channels will not be authorized unless they conform to the separations given in Table 1 to paragraph (b) of § 73.207 . ( 2 ) Under the United States-Mexican FM Broadcasting Agreement, for stations and assignments differing in frequency by 10.6 to 10.8 MHz (53 or 54 channels), U.S. noncommercial educational FM allotments and assignments must meet the separations given in Table 3 to paragraph (b) of § 73.207 to Mexican allotments or assignments in the border area. [ 42 FR 36828 , July 18, 1977, as amended at 43 FR 39716 , Sept. 6, 1978; 44 FR 65764 , Nov. 15, 1979; 49 FR 10264 , Mar. 20, 1984; 49 FR 19670 , May 9, 1984; 87 FR 15343 , Mar. 18, 2022] § 73.508 Standards of good engineering practice. ( a ) All noncommercial educational stations and LPFM stations operating with more than 10 watts transmitter power output shall be subject to all of the provisions of the FM Technical Standards contained in subpart B of this part . Class D educational stations and LPFM stations operating with 10 watts or less transmitter output power shall be subject to the definitions contained in § 73.310 , and also to those other provisions of the FM Technical Standards which are specifically made applicable to them by the provisions of this subpart. ( b ) The transmitter and associated transmitting equipment of each noncommercial educational FM station and LPFM station licensed for transmitter power output above 10 watts must be designed, constructed and operated in accordance with § 73.317 . ( c ) The transmitter and associated transmitting equipment of each noncommercial educational FM station licensed for transmitter power output of 10 watts or less, although not required to meet all requirements of § 73.317 , must be constructed with the safety provisions of the current national electrical code as approved by the American National Standards Institute. These stations must be operated, tuned, and adjusted so that emissions are not radiated outside the authorized band causing or which are capable of causing interference to the communications of other stations. The audio distortion, audio frequency range, carrier hum, noise level, and other essential phases of the operation which control the external effects, must be at all times capable of providing satisfactory broadcast service. Studio equipment properly covered by an underwriter's certificate will be considered as satisfying safety requirements. [ 65 FR 7640 , Feb. 15, 2000] § 73.509 Prohibited overlap. ( a ) An application for a new or modified NCE-FM station other than a Class D (secondary) station will not be accepted if the proposed operation would involve overlap of signal strength contours with any other station licensed by the Commission and operating in the reserved band (Channels 200-220, inclusive) as set forth in Table 1 to this paragraph (a) : Table 1 to Paragraph ( a ) Frequency separation Contour of proposed station Contour of other station Co-channel 0.1mV/m (40 dBu) 1 mV/m (60 dBu) 1 mV/m (60 dBu) 0.1 mV/m (40 dBu) 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu)1 1 mV/m (60 dBu) 0.5 mV/m (54 dBu) 400 kHz/600 kHz 100 mV/m (100 dBu) 1 mV/m (60 dBu) 1 mV/m (60 dBu) 100 mV/m (100 dBu) ( b ) An application by a Class D (secondary) station, other than an application to change class, will not be accepted if the proposed operation would involve overlap of signal strength contours with any other station as set forth in Table 2 to this paragraph (b) : Table 2 to Paragraph ( b ) Frequency separation Contour of proposed station Contour of any other station Co-channel 0.1 mV/m (40 dBu) 1 mV/m (60 dBu) 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu) 400/600 kHz 100 mV/m (100 dBu) 1 mV/m (60 dBu) ( c ) The following standards must be used to compute the distances to the pertinent contours: ( 1 ) The distance of the 60 dBu (1 mV/m) contours are to be computed using Figure 1 of § 73.333 [F(50,50) curves] of this part. ( 2 ) The distance to the other contours are to be computed using Figure 1a of § 73.333 [F(50,10) curves]. In the event that the distance to the contour is below 16 kilometers (approximately 10 miles), and therefore not covered by Figure 1a, curves in Figure 1 must be used. ( 3 ) The effective radiated power (ERP) that is the maximum ERP for any elevation plane on any bearing will be used. ( d ) An application for a change (other than a change in channel) in the facilities of a NCE-FM broadcast station will be accepted even though overlap of signal strength contours, as specified in paragraphs (a) and (b) of this section, would occur with another station in an area where such overlap does not already exists, if: ( 1 ) The total area of overlap with that station would not be increased; ( 2 ) The area of overlap with any other station would not increase; ( 3 ) The area of overlap does not move significantly closer to the station receiving the overlap; and, ( 4 ) No area of overlap would be created with any station with which the overlap does not now exist. ( e ) The provisions of this section concerning prohibited overlap will not apply where the area of such overlap lies entirely over water. [ 50 FR 27962 , July 9, 1985, as amended at 52 FR 43765 , Nov. 16, 1987; 65 FR 79778 , Dec. 20, 2000; 87 FR 15343 , Mar. 18, 2022] § 73.510 Antenna systems. ( a ) All noncommercial educational stations operating with more than 10 watts transmitter output power shall be subject to the provisions of § 73.316 concerning antenna systems contained in subpart B of this part . ( b ) Directional antenna. No application for a construction permit of a new station, or change in channel, or change in an existing facility on the same channel will be accepted for filing if a directional antenna with a maximum-to-minimum ratio of more than 15 dB is proposed. [ 42 FR 36829 , July 18, 1977] § 73.511 Power and antenna height requirements. ( a ) No new noncommercial educational station will be authorized with less power than minimum power requirements for commercial Class A facilities. (See § 73.211 .) ( b ) No new noncommercial educational FM station will be authorized with facilities greater than Class B in Zones I and I-A or Class C in Zone II, as defined in § 73.211 . ( c ) Stations licensed before December 31, 1984, and operating above 50 kW in Zones I and I-A, and above 100 kW and in Zone II may continue to operate as authorized. [ 50 FR 27963 , July 9, 1985, as amended at 50 FR 31379 , Aug. 2, 1985; 54 FR 3602 , Jan. 25, 1989] § 73.512 Special procedures applicable to Class D noncommercial educational stations. ( a ) All Class D stations seeking renewal of license for any term expiring June 1, 1980, or thereafter shall comply with the requirements set forth below and shall simultaneously file an application on FCC Form 340, containing full information regarding such compliance with the provisions set forth below. ( 1 ) To the extent possible, each applicant shall select a commercial FM channel on which it proposes to operate in lieu of the station's present channel. The station may select any commercial channel provided no objectionable interference, as set forth in § 73.509(b) , would be caused. The application shall include the same engineering information as is required to change the frequency of an existing station and any other information necessary to establish the fact that objectionable interference would not result. If no commercial channel is available where the station could operate without causing such interference, the application shall set forth the basis upon which this conclusion was reached. ( 2 ) If a commercial channel is unavailable, to the extent possible each applicant should propose operation on Channel 200 (87.9 MHz) unless the station would be within 402 kilometers (250 miles) of the Canadian border or 320 kilometers (199 miles) of the Mexican border or would cause interference to an FM station operating on Channels 201, 202, or 203 or to TV Channel 6, as provided in § 73.509 . ( 3 ) If a channel is not available under either paragraph (a) (1) or (2) of this section, the renewal applicant shall study all 20 noncommercial educational FM channels and shall propose operation on the channel which would cause the least preclusion to the establishment of new stations or increases in power by existing stations. Full information regarding the basis for the selection should be provided. ( b ) At any time before the requirements of paragraph (a) become effective, any existing Class D station may file a construction permit application on FCC Form 340 to change channel in the manner described above which shall be subject to the same requirements. In either case, any license granted shall specify that the station's license is for a Class D (secondary) station. ( c ) Except in Alaska, no new Class D applications nor major change applications by existing Class D stations are acceptable for filing except by existing Class D stations seeking to change frequency. Upon the grant of such application, the station shall become a Class D (secondary) station. ( d ) Class D noncommercial educational (secondary) stations (see § 73.506(a)(2) ) will be permitted to continue to operate only so long as no interference (as defined in § 73.509 ) is caused to any TV or commercial FM broadcast stations. In the event that the Class D (secondary) station would cause interference to a TV or commercial FM broadcast station after that Class D (secondary) station is authorized, the Class D (secondary) station must cease operation when program tests for the TV or commercial FM broadcast station commence. The Class D (secondary) station may apply for a construction permit (see § 73.3533 ) to change to another frequency or antenna site where it would not cause interference (as defined in § 73.509 ). If the Class D (secondary) station must cease operation before the construction permit is granted, an application for temporary authorization (pursuant to § 73.3542 ) to operate with the proposed facilities may be submitted; where appropriate, such temporary authorization can be granted. With respect to Class D (secondary) applications on Channels 201 through 220 required to protect television stations operating on TV Channel 6, the non-interference requirements in the preceding sentences will apply unless the application is accompanied by a written agreement between the Class D (secondary) applicant and each affected TV Channel 6 broadcast station concurring with the proposed Class D facilities. [ 43 FR 39716 , Sept. 6, 1978, as amended at 44 FR 48226 , Aug. 17, 1979; 47 FR 28388 , June 30, 1982; 50 FR 8326 , Mar. 1, 1985; 85 FR 35573 , June 11, 2020] § 73.513 Noncommercial educational FM stations operating on unreserved channels. ( a ) Noncommercial educational FM stations other than Class D (secondary) which operate on Channels 221 through 300 but which comply with § 73.503 as to licensing requirements and the nature of the service rendered, must comply with the provisions of the following sections of subpart B: §§ 73.201 through 73.213 (Classification of FM Broadcast Stations and Allocations of Frequencies) and such other sections of subpart B as are made specially applicable by the provisions of this subpart C. Stations in Alaska authorized before August 11, 1982, using Channels 261-300 need not meet the minimum effective radiated power requirement specified in § 73.211(a) . In all other respects, stations operating on Channels 221 through 300 are to be governed by the provisions of this subpart and not subpart B. ( b ) When a noncommercial educational applicant is among mutually exclusive applications for an unreserved FM channel, the mutually exclusive applications will be considered pursuant to Subpart I—Competitive Bidding Procedures and not Subpart K—Application and Selection Procedures On Reserved Noncommercial Educational Channels. [ 47 FR 30068 , July 12, 1982, as amended at 65 FR 36378 , June 8, 2000] § 73.514 Protection from interference. Permittees and licensees of NCE FM stations are not protected from interference which may be caused by the grant of a new LPFM station or of authority to modify an existing LPFM station, except as provided in subpart G of this part . [ 65 FR 67299 , Nov. 9, 2000] § 73.515 NCE FM transmitter location. The transmitter location shall be chosen so that, on the basis of effective radiated power and antenna height above average terrain employed, a minimum field strength of l mV/m (60 dBu) will be provided over at least 50 percent of its community of license or reach 50 percent of the population within the community. [ 65 FR 79779 , Dec. 20, 2000] § 73.525 TV Channel 6 protection. The provisions of this section apply to all applications for construction permits for new or modified facilities for a NCE-FM station on Channels 200-220 unless the application is accompanied by a written agreement between the NCE-FM applicant and each affected TV Channel 6 broadcast station concurring with the proposed NCE-FM facilities. ( a ) Affected TV Channel 6 station. ( 1 ) An affected TV Channel 6 station is a TV broadcast station which is authorized to operate on Channel 6 that is located within the following distances of a NCE-FM station operating on Channels 201-220: Table A NCE-FM channel Distance (kilometers) NCE-FM channel Distance (kilometers) 201 265 211 196 202 257 212 195 203 246 213 193 204 235 214 187 205 225 215 180 206 211 216 177 207 196 217 174 208 196 218 166 209 196 219 159 210 196 220 154 ( 2 ) Where a NCE-FM application has been accepted for filing or granted, the subsequent acceptance of an application filed by a relevant TV Channel 6 station will not require revision of the pending NCE-FM application or the FM station's authorized facilities, unless the provisions of paragraph (e)(3) of this section for TV translator or satellite stations apply. ( b ) Existing NCE-FM stations. ( 1 ) A NCE-FM station license authorized to operate on channels 201-220 as of December 31, 1984, or a permittee, granted a construction permit for a NCE-FM station as of December 31, 1984, are not subject to this section unless they propose either: ( i ) To make changes in operating facilities or location which will increase predicted interference as calculated under paragraph (e) of this section to TV Channel 6 reception in any direction; or, ( ii ) To increase its ratio of vertically polarized to horizontally polarized transmissions. ( 2 ) Applicants must comply with the provision of paragraphs (c) or (d) of this section unless the application for modification demonstrates that, for each person predicted to receive new interference as a result of the change, existing predicted interference to two person will be eliminated. Persons predicted to receive new interference are those located outside the area predicted to receive interference from the station's currently authorized facilities (“existing predicted interference area”) but within the area predicted to receive interference from the proposed facilities (“proposed predicted interference area”). Persons for whom predicted interference will be eliminated are those located within the existing predicted interference area and outside the proposed predicted interference area. ( i ) In making this calculation, the provisions contained at paragraph (e) will be used except as modified by paragraph (b)(3) of this section. ( ii ) The following adjustment to the population calculation may be made: up to 1,000 persons may be subtracted from the population predicted to receive new interference if, for each person substracted, the applicant effectively installs two filters within 90 days after commencing program tests with the proposed facilities and, no later than 45 days thereafter, provides the affected TV Channel 6 station (as defined in paragraph (a) of this section) with a certification containing sufficient information to permit verification of such installation. The required number of filters will be installed on television receivers located within the predicted interference area; provided that half of the installations are within the area predicted to receive new interference. ( 3 ) Where an NCE-FM applicant wishes to operate with facilities in excess of that permitted under the provisions of paragraphs (c) or (d) of this section, by proposing to use vertically polarized transmissions only, or to increase its ratio of vertically to horizontally polarized transmissions, the affected TV Channel 6 station must be given an option to pay for the required antenna and, if it takes that option, the NCE-FM vertically polarized component of power will be one half (−3 dB) that which would be allowed by the provisions of paragraph (e)(4) of this section. ( 4 ) Applications for modification will include a certification that the applicant has given early written notice of the proposed modification to all affected TV Channel 6 stations (as defined in paragraph (a) of this section). ( 5 ) Where the NCE-FM station demonstrates in its application that it must make an involuntary modification (e.g., due to loss of its transmitter site) that would not otherwise be permitted under this section, its application will be considered on a case-by-case basis. In such cases, the provisions of paragraph (b)(3) of this section do not apply. ( c ) New NCE-FM stations. Except as provided for by paragraph (d) of this section, applicants for NCE-FM stations proposing to operate on Channels 201-220 must submit a showing indicating that the predicted interference area resulting from the proposed facility contains no more than 3,000 persons. ( 1 ) In making these calculations, the provisions in paragraph (e) of this section will be used. ( 2 ) The following adjustment to population may be made: up to 1,000 persons may be subtracted from the population within the predicted interference area if, for each person subtracted, the applicant effectively installs one filter within 90 days after commencing program tests and, no later than 45 days thereafter, provides the affected TV Channel 6 station with a certification containing sufficient information to permit verification of such installation. The required number of filters will be installed on television receivers located within the predicted interference area. ( d ) Collocated stations. As an alternative to the provisions contained in paragraphs (b) and (c) of this section, an application for a NCE-FM station operating on Channels 201-220 and located at 0.4 kilometer (approximately 0.25 mile) or less from a TV Channel 6 station will be accepted under the following requirements: ( 1 ) The effective radiated power cannot exceed the following values: Table B NCE-FM channel Power (kilowatt) NCE-FM channel Power (kilowatt) 201 1.1 211 26.3 202 1.9 212 31.6 203 3.1 213 38.0 204 5.0 214 46.8 205 8.3 215 56.2 206 10.0 216 67.6 207 12.0 217 83.2 208 14.8 218 100.0 209 17.8 219 100.0 210 21.4 220 100.0 ( 2 ) The NCE-FM application will include a certification that the applicant has coordinated its antenna with the affected TV station by employing either: The same number of antenna bays with radiation centers separated by no more than 30 meters (approximately 100 feet) verticially; or, the FM vertical pattern not exceeding the TV vertical pattern by more than 2dB. ( e ) Calculation of predicted interference area and population. Predictions of interference required under this section and calculations to determine the number of persons within a predicted interference area for NCE-FM operation on Channels 201-220 are made as follows: ( 1 ) The predicted interference area will be calculated as follows: ( i ) The distances to the TV Channel 6 field strength contours will be predicted according to the procedures specified in § 73.684 , “Prediction of coverage,” using the F(50,50) curves in Figure 9, § 73.699 . ( ii ) For each TV Channel 6 field strength contour, there will be an associated F(50,10) FM interference contour, the value of which (in units of dBu) is defined as the sum of the TV Channel 6 field strength (in dBu) and the appropriate undesired-to-desired (U/D) signal ratio (in dB) obtained from Figures 1 and 2, § 73.599 , corresponding to the channel of the NCE-FM applicant and the appropriate F(50,50) field strength contour of the TV Channel 6 station. ( iii ) An adjustment of 6 dB for television receiving antenna directivity will be added to each NCE-FM interference contour at all points outside the Grade A field strength contour ( § 73.683 ) of the TV Channel 6 station and within an arc defined by the range of angles, of which the FM transmitter site is the vertex, from 110° relative to the azimuth from the FM transmitter site to the TV Channel 6 transmitter site, counterclockwise to 250° relative to that azimuth. At all points at and within the Grade A field strength contour of the TV Channel 6 station, the 6 dB adjustment is applicable over the range of angles from 70° clockwise to 110° and from 250° clockwise to 290°. ( iv ) The distances to the applicable NCE-FM interference contours will be predicted according to the procedures specified in § 73.313 , “Prediction of Coverage,” using the proposed antenna height and horizontally polarized, or the horizontal equivalent of the vertically polarized, effective radiated power in the pertinent direction and the F(50,10) field strength curves (Figure 1a, § 73.333 ). ( v ) The predicted interference area will be defined as the area within the TV Channel 6 station's 47 dBu field strength contour that is bounded by the locus of intersections of a series of TV Channel 6 field strength contours and the applicable NCE-FM interference contours. ( vi ) In cases where the terrain in one or more directions departs widely from the surrounding terrain average (for example, an intervening mountain), a supplemental showing may be made. Such supplemental showings must describe the procedure used and should include sample calculations. The application must also include maps indicating the predicted interference area for both the regular method and the supplemental method. ( vii ) In cases where the predicted interference area to Channel 6 television from a noncommercial educational FM station will be located within the 90 dBu F(50,50) contour of the television Channel 6 station, the location of the FM interfering contour must be determined using the assumption that the Channel 6 field strength remains constant at 90 dBu everywhere within the 90 dBu TV contour. The FM to Channel 6 U/D signal strength ratio specified in § 73.599 corresponding to the Channel 6 TV field strength of 90 dBu shall be used. ( 2 ) The number of persons contained within the predicted interference area will be based on data contained in the most recently published U.S. Census of Population and will be determined by plotting the predicted interference area on a County Subdivision Map of the state published for the Census, and totalling the number of persons in each County Subdivision (such as, Minor Civil Division (MCD), Census County Division (CCD), or equivalent areas) contained within the predicted interference area. Where only a portion of County Subdivision is contained within the interference area: ( i ) The population of all incorporated places or Census designated places will be subtracted from the County Subdivision population; ( ii ) Uniform distribution of the remaining population over the remaining area of the County Subdivision will be assumed in determining the number of persons within the predicted interference area in proportion to the share of the remaining area of the County Subdivision that lies within the predicted interference area; and, ( iii ) The population of the incorporated places or Census designated places contained within the predicted interference area will then be added to the total, again assuming uniform distribution of the population within the area of each place and adding a share of the population proportional to the share of the area if only a portion of such a place is within the predicted interference area. ( iv ) At the option of either the NCE-FM applicant or an affected TV Channel 6 station which provides the appropriate analysis, more detailed population data may be used. ( 3 ) Adjustments to the population calculated pursuant to paragraph (e)(2) of this section may be made as follows: ( i ) If any part of the predicted interference area is within the Grade A field strength contour ( § 73.683 ) of a TV translator station carrying the affected TV Channel 6 station, the number of persons within that overlap area will be subtracted, provided the NCE-FM construction permit and license will contain the following conditions: ( A ) When the TV translator station ceases to carry the affected TV Channel 6 station's service and the cessation is not the choice of the affected TV Channel 6 station, the NCE-FM station will modify its facilities, within a reasonable transition period, to meet the requirements of this section which would have applied if no adjustment to population for translator service had been made in its application. ( B ) The transition period may not exceed 1 year from the date the NCE-FM station is notified by the TV Channel 6 station that the translator station will cease to carry the affected TV Channel 6 station's service or 6 months after the translator station ceases to carry the affected TV Channel 6 station's service, whichever is earlier. ( ii ) If any part of the interference area is within the Grade B field strength contour ( § 73.683 ) of a satellite station of the affected TV Channel 6 station, the number of persons within the overlap area will be subtracted, provided the NCE-FM permit and license will contain the following conditions: ( A ) If the satellite station ceases to carry the affected TV Channel 6 station's service and the cessation is not the choice of the affected TV Channel 6 station, the NCE-FM station will modify its facilities, within a reasonable transition period, to meet the requirements of this rule which would have applied if no adjustment to population for satellite station service had been made in its application. ( B ) The transition period may not exceed 1 year from the date the NCE-FM station is notified by the TV Channel 6 station that the satellite station will cease to carry the affected TV Channel 6 stations's service or 6 months after the satellite station ceases to carry the affected TV Channel 6 station's service, whichever is earlier. ( iii ) If any part of the predicted interference area is located outside the affected TV Channel 6 station's Area of Dominant Influence (ADI), outside the Grade A field strength contour ( § 73.683 ), and within the predicted city grade field strength contour (73.685(a)) of a TV broadcast station whose only network affiliation is the same as the only network affiliation of the affected TV Channel 6 station, the number of persons within that part will be subtracted. (For purposes of this provision, a network is defined as ABC, CBS, NBC, or their successors.) In addition, the ADI of an affected TV Channel 6 station and the program network affiliations of all relevant TV broadcast stations will be assumed to be as they were on the filing date of the NCE-FM application or June 1, 1985, whichever is later. ( iv ) In calculating the population within the predicted interference area, an exception will be permitted upon a showing (e.g., as survey of actual television reception) that the number of persons within the predicted interference area should be reduced to account for persons actually experiencing co-channel or adjacent channel interference to reception of the affected TV Channel 6 station. The area within which such a showing may be made will be limited to the area calculated as follows: ( A ) The distances to the field strength contours of the affected TV Channel 6 station will be predicted according to the procedures specified in § 73.684 , “Prediction of coverage,” using the F(50,50) curves in Figure 9, § 73.699 . ( B ) For each field strength contour of the affected TV Channel 6 station, there will be an associated co-channel or adjacent channel TV broadcast station interference contour, the value of which (in units of dBu) is defined as the sum of the affected TV Channel 6 station's field strength (in dBu) and the appropriate undesired-to-desired signal ratio (in dB) as follows: Co-channel, normal offset, −22 dB Co-channel, no offset, −39 dB Adjacent channel, + 12 dB ( C ) The distances to the associated co-channel or adjacent channel TV broadcast station interference contour will be predicted according to the procedures specified in § 73.684 , “Prediction of coverage,” using the F(50,10) curves in Figure 9a, § 73.699 . ( D ) The area within which the showing of actual interference may be made will be the area bounded by the locus of intersections of a series of the affected TV Channel 6 station's field strength contours and the associated interference contours of the co-channel or adjacent channel TV broadcast station. ( 4 ) The maximum permissible effective radiated power (ERP) and antenna height may be adjusted for vertical polarity as follows: ( i ) If the applicant chooses to use vertically polarized transmissions only, the maximum permissible vertically polarized ERP will be the maximum horizontally polarized ERP permissible at the same proposed antenna height, calculated without the adjustment for television receiving antenna directivity specified in paragraph (e)(1)(iii) of this section, multiplied by either: 40 if the predicted interference area lies entirely outside the limits of a city of 50,000 persons or more; or 10 if it does not. ( ii ) If the applicant chooses to use mixed polarity, the permissible ERP is as follows: [H + (V/A)] is no greater than P Where: H is the horizontally polarized ERP in kilowatts for mixed polarity; V is the vertically polarized ERP in kilowatts for mixed polarity; A is 40 if the predicted interference area lies entirely outside the limits of a city of 50,000 persons or more, or 10 if it does not; and P is the maximum permitted horizontally polarized-only power in kilowatts. ( f ) Channel 200 Applications. No application for use of NCE-FM Channel 200 will be accepted if the requested facility would cause objectionable interference to TV Channel 6 operations. Such objectionable interference will be considered to exist whenever the 15 dBu contour based on the F(50,10) curves in § 73.333 Figure 1a would overlap the 40 dBu contour based on the F(50,50) curves in § 73.699 , Figure 9. [ 50 FR 27963 , July 9, 1985; 50 FR 30187 , July 24, 1985; 50 FR 31379 , Aug. 2, 1985, as amended at 51 FR 26250 , July 22, 1986; 52 FR 25867 , July 9, 1987; 62 FR 51059 , Sept. 30, 1997] § 73.558 Indicating instruments. The requirements for indicating instruments described in § 73.258 are applicable to all educational FM broadcast stations licensed with a transmitter power greater than 0.01 kw. [ 51 FR 17029 , May 8, 1986] § 73.561 Operating schedule; time sharing. ( a ) All noncommercial educational FM stations will be licensed for unlimited time operation except those stations operating under a time sharing arrangement. All noncommercial educational FM stations are required to operate at least 36 hours per week, consisting of at least 5 hours of operation per day on at least 6 days of the week; however, stations licensed to educational institutions are not required to operate on Saturday or Sunday or to observe the minimum operating requirements during those days designated on the official school calendar as vacation or recess periods. ( b ) All stations, including those meeting the requirements of paragraph (a) of this section, but which do not operate 12 hours per day each day of the year, will be required to share use of the frequency upon the grant of an appropriate application proposing such share time arrangement. Such applications shall set forth the intent to share time and shall be filed in the same manner as are applications for new stations. They may be filed at any time, but in cases where the parties are unable to agree on time sharing, action on the application will be taken only in connection with the renewal of application for the existing station. In order to be considered for this purpose, such an application to share time must be filed no later than the deadline for filing petitions to deny the renewal application of the existing licensee, or, in the case of renewal applications filed by the existing licensee on or before May 1, 1995, no later than the deadline for filing applications in conflict with the such renewal applications. ( 1 ) The licensee and the prospective licensee(s) shall endeavor to reach an agreement for a definite schedule of periods of time to be used by each. Such agreement shall be in writing and shall set forth which licensee is to operate on each of the hours of the day throughout the year. Such agreement shall not include simultaneous operation of the stations. Each licensee shall file the same in triplicate with each application to the Commission for initial construction permit or renewal of license. Such written agreements shall become part of the terms of each station's license. ( 2 ) The Commission desires to facilitate the reaching of agreements on time sharing. However, if the licensees of stations authorized to share time are unable to agree on a division of time, the Commission shall be so notified by statement to that effect filed with the application proposing time sharing. Thereafter the Commission will designate the application for hearing on any qualification issues arising regarding the renewal or new applicants. If no such issues pertain, the Commission will set the matter for expedited hearing limited solely to the issue of the sharing of time. In the event the stations have been operating under a time sharing agreement but cannot agree on its continuation, a hearing will be held, and pending such hearing, the operating schedule previously adhered to shall remain in full force and effect. ( c ) A departure from the regular schedule set forth in a time-sharing agreement will be permitted only in cases where a written agreement to that effect is reduced to writing, is signed by the licensees of the stations affected thereby, and is filed in triplicate by each licensee with the Commission, Attention: Audio Division, Media Bureau, prior to the time of the proposed change. If time is of the essence, the actual departure in operating schedule may precede the actual filing of the written agreement, provided that appropriate notice is sent to the Commission in Washington, DC, Attention: Audio Division, Media Bureau. ( d ) In the event that causes beyond the control of a permittee or licensee make it impossible to adhere to the operating schedule in paragraph (a) or (b) of this section or to continue operating, the station may limit or discontinue operation for a period not exceeding 30 days without further authority from the Commission provided that notification is sent to the Commission in Washington, DC, Attention: Audio Division, Media Bureau, no later than the 10th day of limited or discontinued operation. During such period, the permittee shall continue to adhere to the requirements of the station license pertaining to the lighting of antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period, the permittee or licensee will notify the FCC, Attention: Audio Division of the date that normal operations resumed. If causes beyond the control of the permittee or licensee make it impossible to comply within the allowed period, Special Temporary Authority (see § 73.1635 ) must be requested to remain silent for such additional time as deemed necessary. The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12 month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of license to the contrary. Note 1 to § 73.561 : For allocations purposes, both (all) stations sharing time will be treated as unlimited time stations. Note 2 to § 73.561 : See §§ 73.1705 , 73.1715 , and 73.1740 . (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 43 FR 39717 , Sept. 6, 1978, as amended at 43 FR 45845 , Oct. 4, 1978; 44 FR 3416 , Jan. 19, 1979; 44 FR 65764 , Nov. 15, 1979; 47 FR 54448 , Dec. 3, 1982; 50 FR 13974 , Apr. 9, 1985; 61 FR 18291 , Apr. 25, 1996; 61 FR 28767 , June 6, 1996; 63 FR 33877 , June 22, 1998; 67 FR 13231 , Mar. 21, 2002] § 73.567 Determining operating power. The procedures for determining operating power described in § 73.267 are applicable to noncommercial education FM stations. [ 44 FR 58732 , Oct. 11, 1979] § 73.593 Subsidiary communications services. The licensee of a noncommercial educational FM station is not required to use its subcarrier capacity, but if it chooses to do so, it is governed by §§ 73.293 through 73.295 of the Commission's Rules regarding the types of permissible subcarrier uses and the manner in which subcarrier operations shall be conducted; Provided, however, that remunerative use of a station's subcarrier capacity shall not be detrimental to the provision of existing or potential radio reading services for the blind or otherwise inconsistent with its public broadcasting responsibilities. [ 48 FR 26615 , June 9, 1983] § 73.597 FM stereophonic sound broadcasting. A noncommercial educational FM broadcast station may, without specific authority from the FCC, transmit stereophonic sound programs upon installation of stereophonic sound transmitting equipment under the provisions of §§ 2.977 , 2.1001 , 73.322 , and 73.1590 of the FCC's Rules. [ 51 FR 17029 , May 8, 1986] § 73.599 NCE-FM engineering charts. This section consists of the following Figures 1 and 2. [ 50 FR 27965 , July 9, 1985] Subpart E—Television Broadcast Stations § 73.601 Scope of subpart. This subpart contains the rules and regulations (including engineering standards) governing TV broadcast stations, including noncommercial educational TV broadcast stations and, where indicated, low power TV and TV translator stations in the United States, its Territories and possessions. TV broadcast, low power TV, and TV translator stations are assigned channels 6 MHz wide, designated as set forth in § 73.603(a) . [ 47 FR 21494 , May 18, 1982] § 73.602 Cross reference to rules in other parts. See § 73.1010 . [ 43 FR 32781 , July 28, 1978] § 73.603 Numerical designation of television channels. ( a ) Channel No. Frequency band (MHz) 2 54-60 3 60-66 4 66-72 5 76-82 6 82-88 7 174-180 8 180-186 9 186-192 10 192-198 11 198-204 12 204-210 13 210-216 14 470-476 15 476-482 16 482-488 17 488-494 18 494-500 19 500-506 20 506-512 21 512-518 22 518-524 23 524-530 24 530-536 25 536-542 26 542-548 27 548-554 28 554-560 29 560-566 30 566-572 31 572-578 32 578-584 33 584-590 34 590-596 35 596-602 36 602-608 37 608-614 ( b ) [Reserved] ( c ) Channel 37, 608-614 MHz is reserved exclusively for the radio astronomy service. ( d ) In Hawaii, the frequency band 488-494 MHz is allocated for non-broadcast use. This frequency band (Channel 17) will not be assigned in Hawaii for use by television broadcast stations. [ 28 FR 13660 , Dec. 14, 1963, as amended at 35 FR 11179 , July 11, 1970; 39 FR 10576 , Mar. 21, 1974; 47 FR 16789 , Apr. 20, 1982; 47 FR 30068 , July 12, 1982; 47 FR 35989 , Aug. 18, 1982; 51 FR 18450 , May 20, 1986; 70 FR 46676 , Aug. 10, 2005; 86 FR 66195 , Nov. 22, 2021] § 73.606 Table of allotments. The table of allotments set forth in § 73.622(j) contains the channels designated for the listed communities in the United States, its Territories, and possessions. Channels designated with an asterisk are assigned for use by noncommercial educational broadcast stations only. [ 86 FR 66195 , Nov. 22, 2021] § 73.609 Zones. ( a ) For the purpose of allotment and assignment, the United States is divided into three zones as follows: ( 1 ) Zone I consists of that portion of the United States located within the confines of the following lines drawn on the U.S. Albers Equal Area Projection Map (based on standard parallels 29 1 ⁄ 2 ° and 45 1 ⁄ 2 °; North American datum): Beginning at the most easterly point on the State boundary line between North Carolina and Virginia; thence in a straight line to a point on the Virginia-West Virginia boundary line located at north latitude 37°49′ and west longitude 80°12′30″; thence westerly along the southern boundary lines of the States of West Virginia, Ohio, Indiana, and Illinois to a point at the junction of the Illinois, Kentucky, and Missouri State boundary lines; thence northerly along the western boundary line of the State of Illinois to a point at the junction of the Illinois, Iowa, and Wisconsin State boundary lines; thence easterly along the northern State boundary line of Illinois to the 90th meridian; thence north along this meridian to the 43.5° parallel; thence east along this parallel to the United States-Canada border; thence southerly and following that border until it again intersects the 43.5° parallel; thence east along this parallel to the 71st meridian; thence in a straight line to the intersection of the 69th meridian and the 45th parallel; thence east along the 45th parallel to the Atlantic Ocean. When any of the above lines pass through a city, the city shall be considered to be located in Zone I. (See Figure 1 of § 73.699 .) ( 2 ) Zone II consists of that portion of the United States which is not located in either Zone I or Zone III, and Puerto Rico, Alaska, Hawaiian Islands and the Virgin Islands. ( 3 ) Zone III consists of that portion of the United States located south of a line, drawn on the United States Albers Equal Area Projection Map (based on standard parallels 29.50 and 45.50 North American datum), beginning at a point on the east coast of Georgia and the 31st parallel and ending at the United States-Mexican border, consisting of arcs drawn with a 241.4 kilometer (150 mile) radius to the north from the following specified points: North latitude West longitude (a) 29°40′00″ 83°24′00″ (b) 30°07′00″ 84°12′00″ (c) 30°31′00″ 86°30′00″ (d) 30°48′00″ 87°58′30″ (e) 30°00′00″ 90°38′30″ (f) 30°04′30″ 93°19′00″ (g) 29°46′00″ 95°05′00″ (h) 28°43′00″ 96°39′30″ (i) 27°52′30″ 97°32′00″ When any of the above arcs pass through a city, the city shall be considered to be located in Zone II. (See Figure 2 of § 73.699 .) [ 28 FR 13660 , Dec. 14, 1963, as amended at 33 FR 15422 , Oct. 17, 1968; 50 FR 23697 , June 5, 1985; 51 FR 44070 , Dec. 8, 1986] § 73.611 Emission levels and mask filter. ( a ) The power level of emissions on frequencies outside the authorized channel of operation must be attenuated no less than the following amounts below the average transmitted power within the authorized channel. In the first 500 kHz from the channel edge the emissions must be attenuated no less than 47 dB. More than 6 MHz from the channel edge, emissions must be attenuated no less than 110 dB. At any frequency between 0.5 and 6 MHz from the channel edge, emissions must be attenuated no less than the value determined by the following formula: Formula 1 to Paragraph (a) Attenuation in dB = −11.5(Δf + 3.6); Where: Δf = frequency difference in MHz from the edge of the channel. ( b ) This attenuation is based on a measurement bandwidth of 500 kHz. Other measurement bandwidths may be used as long as appropriate correction factors are applied. Measurements need not be made any closer to the band edge than one half of the resolution bandwidth of the measuring instrument. Emissions include sidebands, spurious emissions and radio frequency harmonics. Attenuation is to be measured at the output terminals of the transmitter (including any filters that may be employed). In the event of interference caused to any service, greater attenuation may be required. [ 89 FR 7243 , Feb. 1, 2024] § 73.612 Protection from interference. ( a ) Permittees and licensees of TV broadcast stations are not protected from any interference which may be caused by the grant of a new station or of authority to modify the facilities of an existing station in accordance with the provisions of subpart E of this part . The nature and extent of the protection from interference accorded to TV broadcast stations is limited solely to the protection which results from the interference protection requirements set forth in subpart E of this part . ( b ) [Reserved] [ 89 FR 7243 , Feb. 1, 2024] § 73.613 [Reserved] § 73.614 Power and antenna height requirements. ( a ) Minimum requirements. Applications will not be accepted for filing if they specify less than 100 watts horizontally polarized effective radiated power (ERP) in any horizontal direction. No minimum antenna height above average terrain (HAAT) is specified. For stations requesting DTS operation pursuant to § 73.626 , this requirement applies to at least one site in the DTS. ( b ) Maximum power. Applications for new full power television stations, for changes in authorized full power television stations, and petitions for changes to the Table of TV Allotments, will not be accepted for filing if they specify a power which exceeds the maximum permitted boundaries specified in the following formulas: ( 1 ) A TV station that operates on a channel 2-6 allotment will be allowed a maximum ERP of 10 kW if its antenna HAAT is at or below 305 meters and it is located in Zone I or a maximum ERP of 45 kW if its antenna HAAT is at or below 305 meters and it is located in Zone II or Zone III. ( i ) At higher HAAT levels, such TV stations will be allowed to operate with lower maximum ERP levels in accordance with the following table and formulas (the allowable maximum ERP for intermediate values of HAAT is determined using linear interpolation based on the units employed in the table): Table 1 to Paragraph (b)(1)(i) —Maximum Allowable ERP and Antenna Height for TV Stations in Zones II or III on Channels 2-6 Antenna HAAT (meters) ERP (kW) 610 10 580 11 550 12 520 14 490 16 460 19 425 22 395 26 365 31 335 37 305 45 ( ii ) For TV stations located in Zone I that operate on channels 2-6 with an HAAT that exceeds 305 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters: ERP max = 92.57−33.24 * log 10 (HAAT) ( iii ) For TV stations located in Zone II or III that operate on channels 2-6 with an HAAT that exceeds 610 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters: ERP max = 57.57−17.08 * log 10 (HAAT) ( 2 ) A TV station that operates on a channel 7-13 allotment will be allowed a maximum ERP of 30 kW if its antenna HAAT is at or below 305 meters and it is located in Zone I or a maximum ERP of 160 kW if its antenna HAAT is at or below 305 meters and it is located in Zone II or Zone III. ( i ) At higher HAAT levels, such TV stations will be allowed to operate with lower maximum ERP levels in accordance with the following table and formulas (the allowable maximum ERP for intermediate values of HAAT is determined using linear interpolation based on the units employed in the table): Table 2 to Paragraph (b)(2)(i) —Maximum Allowable ERP and Antenna Height for TV Stations in Zones II or III on Channels 7-13 Antenna HAAT (meters) ERP (kW) 610 30 580 34 550 40 520 47 490 54 460 64 425 76 395 92 365 110 335 132 305 160 ( ii ) For TV stations located in Zone I that operate on channels 7-13 with an HAAT that exceeds 305 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters: ERP max = 97.35−33.24 * log 10 (HAAT) ( iii ) For TV stations located in Zone II or III that operate on channels 7-13 with an HAAT that exceeds 610 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters: ERP max = 62.34−17.08 * log 10 (HAAT) ( 3 ) A TV station that operates on a channel 14-36 allotment will be allowed a maximum ERP of 1000 kW if its antenna HAAT is at or below 365 meters. ( i ) At higher HAAT levels, such TV stations will be allowed to operates with lower maximum ERP levels in accordance with the following table and formulas (the allowable maximum ERP for intermediate values of HAAT is determined using linear interpolation based on the units employed in the table): Table 3 to Paragraph (b)(3)(i) —Maximum Allowable ERP and Antenna Height for TV Stations on Channels 14-36, All Zones Antenna HAAT (meters) ERP (kW) 610 316 580 350 550 400 520 460 490 540 460 630 425 750 395 900 365 1000 ( ii ) For TV stations located in Zone I, II or III that operate on channels 14-36 with an HAAT that exceeds 610 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters: ERP max = 72.57−17.08 * log 10 (HAAT) Where: ERP max = Maximum Effective Radiated Power measured in decibels above 1 kW (dBk). HAAT = Height Above Average Terrain measured in meters. ( 4 ) - ( 5 ) [Reserved] ( 6 ) The effective radiated power in any horizontal or vertical direction may not exceed the maximum values permitted by this section, except that licensees and permittees may request an increase in either ERP in some azimuthal direction or antenna HAAT, or both, up to the maximum permissible limits on TV power set forth in paragraph (b)(1) , (2) , or (3) of this section, as appropriate, up to that needed to provide the same geographic coverage area as the largest station within their market. Such requests must be accompanied by a technical showing that the increase complies with the technical criteria in § 73.620 , and thereby will not result in new interference exceeding the de minimis standard set forth in that section, or statements agreeing to the change from any co-channel or adjacent channel stations that might be affected by potential new interference, in accordance with § 73.620(e) . For the purposes of this paragraph: ( i ) The maximum ERP value shall not exceed the maximum permitted at any height within the relevant zone consistent with the values permitted in paragraph (b)(1) , (2) , or (3) of this section. The associated maximum height for that given ERP may be exceeded. ( ii ) Stations in the same Nielsen DMA are considered to be in the same market. ( iii ) “Geographic coverage area” is defined as the number of square kilometers found within a station's F(50,90) contour as calculated in § 73.619 . A station taking advantage of this provision need not specify coverage that is congruent with or encompassed by the largest station in the market. ( c ) Determination of applicable rules. The zone in which the transmitter of a television station is located or proposed to be located determines the applicable rules with respect to maximum antenna heights and powers for VHF stations when the transmitter is located in Zone I and the channel to be employed is located in Zone II, or the transmitter is located in Zone II and the channel to be employed is located in Zone I. [ 28 FR 13660 , Dec. 14, 1963, as amended at 42 FR 20823 , Apr. 22, 1977; 42 FR 48881 , Sept. 26, 1977; 47 FR 35990 , Aug. 18, 1982; 50 FR 23698 , June 5, 1985; 56 FR 49707 , Oct. 1, 1991; 58 FR 51250 , Oct. 1, 1993; 86 FR 66195 , Nov. 22, 2021; 89 FR 7244 , Feb. 1, 2024] § 73.616 References to TV station interference protection methodology. ( a ) - ( c ) [Reserved] ( d ) Calculation of interference ( 1 ) For evaluating compliance with the requirements of this paragraph, interference to populations served is to be predicted based on the most recent official decennial U.S. Census population data as identified by the Media Bureau in a Public Notice issued not less than 60 days prior to use of the data for a specific year in application processing and otherwise according to the procedure set forth in OET Bulletin No. 69: “Longley-Rice Methodology for Evaluating TV Coverage and Interference” (February 6, 2004) (incorporated by reference, see § 73.8000 ), including population served within service areas determined in accordance with § 73.619 , consideration of whether F(50,10) undesired signals will exceed the following desired-to-undesired (D/U) signal ratios, assumed use of a directional receiving antenna, and use of the terrain dependent Longley-Rice point-to-point propagation model. Applicants may request the use of a cell size other than the default of 2.0 km per side, but only requests for cell sizes of 1.0 km per side or 0.5 km per side will be considered. The threshold levels at which interference is considered to occur are: ( i ) For co-channel stations, the D/U ratio is + 15 dB. This value is only valid at locations where the signal-to-noise ratio is 28 dB or greater. At the edge of the noise-limited service area, where the signal-to-noise (S/N) ratio is 16 dB, this value is + 23 dB. At locations where the S/N ratio is greater than 16 dB but less than 28 dB, D/U values are computed from the following formula: D/U = 15 + 10log 10 [1.0/(1.0−10 −x/10 )] Where x = S/N-15.19 (minimum signal to noise ratio) ( ii ) For interference from a lower first-adjacent channel, the D/U ratio is −28 dB. ( iii ) For interference from an upper first-adjacent channel, the D/U ratio is −26 dB. ( 2 ) [Reserved] ( e ) - ( g ) [Reserved] [ 73 FR 5682 , Jan. 30, 2008, as amended at 83 FR 5021 , Feb. 2, 2018; 83 FR 5544 , Feb. 8, 2018; 86 FR 66195 , Nov. 22, 2021; 89 FR 7245 , Feb. 1, 2024] § 73.617 Interference protection of other services. ( a ) Protection of land mobile operations on channels 14-20. The Commission will not accept petitions to amend the Table of TV Allotments, applications for new TV stations, or applications to change the channel or location of authorized TV stations that would use channels 14-20 where the distance between the TV reference coordinates as defined in § 73.622(d) , would be located less than 250 km from the city center of a co-channel land mobile operation or 176 km from the city center of an adjacent channel land mobile operation. Such filings that do not meet the minimum TV-to-land mobile spacing standards will, however, be considered where all affected land mobile licensees consent to the requested action. Land mobile operations are authorized on these channels in the following markets: Table 1 to Paragraph ( a )—Land Mobile Operations To Be Protected City Channels Latitude Longitude Boston, MA 14, 16 42°21′24.4″ 71°03′23.2″ Chicago, IL 14, 15 41°52′28.1″ 87°38′22.2″ Cleveland, OH 14, 15 41°29′51.2″ 81°49′49.5″ Dallas, TX 16 32°47′09.5″ 96°47′38.0″ Detroit, MI 15, 16 42°19′48.1″ 83°02′56.7″ Houston, TX 17 29°45′26.8″ 95°21′37.8″ Los Angeles, CA 14, 16, 20 34°03′15.0″ 118°14′31.3″ Miami, FL 14 25°46′38.4″ 80°11′31.2″ New York, NY 14, 15, 16 40°45′06.4″ 73°59′37.5″ Philadelphia, PA 19, 20 39°56′58.4″ 75°09′19.6″ Pittsburgh, PA 14, 18 40°26′19.2″ 79°59′59.2″ San Francisco, CA 16, 17 37°46′38.7″ 122°24′43.9″ Washington, DC 17, 18 38°53′51.4″ 77°00′31.9″ Note 1 to paragraph (a). The Chief, Public Safety and Homeland Security Bureau, waived the rules to allow channel 15 to be used for land mobile operation in Los Angeles County, CA (DA 08-2823; adopted December 30, 2008). Notwithstanding the channels listed in paragraph (a) of this section, the waiver requires television stations to protect this land mobile operation. ( b ) Protection of land mobile operations below channel 14. ( 1 ) TV broadcast stations operating on Channel 14 must take special precautions to avoid interference to adjacent spectrum land mobile radio service facilities. Where a TV station is authorized and operating prior to the authorization and operation of the land mobile facility, a Channel 14 station must attenuate its emissions within the frequency range 467 to 470 MHz if necessary to permit reasonable use of the adjacent frequencies by land mobile licensees. ( 2 ) The requirements listed below apply to permittees authorized to construct a new station on TV Channel 14, and to licensees authorized to change the channel of an existing station to Channel 14, to increase effective radiated power (ERP) (including any change in directional antenna characteristics that results in an increase in ERP in any direction), or to change the transmitting location of an existing station. ( i ) For the purposes of this paragraph (b) , a protected land mobile facility is a receiver that is intended to receive transmissions from licensed land mobile stations within the frequency band below 470 MHz, and is associated with one or more land mobile stations for which a license has been issued by the Commission, or a proper application has been received by the Commission prior to the date of the filing of the TV construction permit application. However, a land mobile facility will not be protected if it is proposed in an application that is denied or dismissed and that action is no longer subject to Commission review. Further, if the land mobile station is not operating when the TV facility commences operation and it does not commence operation within the time permitted by its authorization in accordance with part 90 of this chapter , it will not be protected. ( ii ) A TV permittee must take steps before construction to identify potential interference to normal land mobile operation that could be caused by TV emissions outside the authorized channel, land mobile receiver desensitization or intermodulation. It must install filters and take other precautions as necessary, and submit evidence that no interference is being caused before it will be permitted to transmit programming on the new facilities pursuant to the provisions of § 73.1615 or § 73.1620 . A TV permittee must reduce its emissions within the land mobile channel of a protected land mobile facility that is receiving interference caused by the TV emission producing a vertically polarized signal and a field strength in excess of 17 dBu at the land mobile receiver site on the land mobile frequency. The TV emission should be measured with equipment set to a 30 kHz measurement bandwidth including the entire applicable land mobile channel. A TV permittee must correct a desensitization problem if its occurrence can be directly linked to the start of the TV operation and the land mobile station is using facilities with typical desensitization rejection characteristics. A TV permittee must identify the source of an intermodulation product that is generated when the TV operation commences. If the intermodulation source is under its control, the TV permittee must correct the problem. If the intermodulation source is beyond the TV permittee's control, it must cooperate in the resolution of the problem and should provide whatever technical assistance it can. ( c ) Channel 6 protection of FM radio stations. Parties requesting new allotments on channel 6 be added to the Table of TV Allotments must submit an engineering study demonstrating that no interference would be caused to existing FM radio stations on FM channels 200-220. ( d ) Blanketing interference. Present information is not sufficiently complete to establish blanketing interference areas for television broadcast stations. Blanketing interference is interference in an area adjacent to a transmitter in which the reception of other stations is subject to interference due to the strong signal from this station. The authorization of station construction in areas where blanketing interference is found to be excessive will be on the basis that the applicant will assume full responsibility for the adjustment of reasonable complaints arising from excessively strong signals of the applicant's station or take other corrective action. ( e ) Medical telemetry device notification condition. Stations should be aware that a condition is placed on all TV broadcast station authorizations that result in a change in coverage area, including all authorizations for new stations, which requires TV broadcasters to identify and notify hospital and other health care facilities within the station's coverage area to avoid interference to medical telemetry devices. [ 89 FR 7245 , Feb. 1, 2024] § 73.618 Antenna location and principal community coverage. ( a ) The TV antenna location shall be chosen so that, on the basis of the effective radiated power (ERP) and antenna height above average terrain (HAAT) employed, the following minimum F(50,90) field strength in dB above one uV/m will be provided over the entire principal community to be served: Table 1 to Paragraph ( a )—Minimum Field Strength Required Over Principal Community dBu Channels 2-6 35 Channels 7-13 43 Channels 14-36 48 ( b ) The location of the antenna must be so chosen that there is not a major obstruction in the path over the principal community to be served. ( c ) For the purposes of this section, coverage is to be determined in accordance with § 73.619(b) . Under actual conditions, the true coverage may vary from these estimates because the terrain over any specific path is expected to be different from the average terrain on which the field strength charts were based. Further, the actual extent of service will usually be less than indicated by these estimates due to interference from other stations. Because of these factors, the predicted field strength contours give no assurance of service to any specific percentage of receiver locations within the distances indicated. [ 89 FR 7246 , Feb. 1, 2024] § 73.619 Contours and service areas. ( a ) Purposes of the field strength contours. The field strength contours will be considered for the following purposes only: ( 1 ) In the estimation of coverage resulting from the selection of a particular transmitting antenna site by an applicant for a TV station. ( 2 ) In connection with problems of coverage arising out of application of § 73.3555 . ( 3 ) In determining compliance with § 73.618(a) concerning the minimum field strength to be provided over the principal community to be served. ( b ) Determining coverage. ( 1 ) In predicting the distance to the field strength contours, the F (50,50) field strength charts (Figures 9, 10 and 10b of § 73.699 ) and the F (50,10) field strength charts (Figures 9a, 10a and 10c of § 73.699 ) shall be used. To use the charts to predict the distance to a given F (50,90) contour, the following procedure is used: Convert the effective radiated power in kilowatts for the appropriate azimuth into decibel value referenced to 1 kW (dBk). Subtract the power value in dBk from the contour value in dBu. Note that for power less than 1 kW, the difference value will be greater than the contour value because the power in dBk is negative. Locate the difference value obtained on the vertical scale at the left edge of the appropriate F (50,50) chart for the TV station's channel. Follow the horizontal line for that value into the chart to the point of intersection with the vertical line above the height of the antenna above average terrain for the appropriate azimuth located on the scale at the bottom of the chart. If the point of intersection does not fall exactly on a distance curve, interpolate between the distance curves below and above the intersection point. The distance values for the curves are located along the right edge of the chart. Using the appropriate F (50,10) chart for the DTV station's channel, locate the point where the distance coincides with the vertical line above the height of the antenna above average terrain for the appropriate azimuth located on the scale at the bottom of the chart. Follow a horizontal line from that point to the left edge of the chart to determine the F (50,10) difference value. Add the power value in dBk to this difference value to determine the F (50,10) contour value in dBu. Subtract the F (50,50) contour value in dBu from this F (50,10) contour value in dBu. Subtract this difference from the F (50,50) contour value in dBu to determine the F (50,90) contour value in dBu at the pertinent distance along the pertinent radial. ( 2 ) ( i ) The effective radiated power to be used is that radiated at the vertical angle corresponding to the depression angle between the transmitting antenna center of radiation and the radio horizon as determined individually for each azimuthal direction concerned. The depression angle is based on the difference in elevation of the antenna center of radiation above the average terrain and the radio horizon, assuming a smooth spherical earth with a radius of 8,495.5 kilometers (5,280 miles) and shall be determined by the following equation: Equation 1 to Paragraph (b)(2)(i) A = 0.0277 × √H Where: A is the depression angle in degrees. H is the height in meters of the transmitting antenna radiation center above average terrain of the 3.2-16.1 kilometers (2-10 miles) sector of the pertinent radial. ( ii ) This equation is empirically derived for the limited purpose specified here of determining distance to filed strength contours for coverage. Its use for any other purpose may be inappropriate. ( 3 ) Applicants for new TV stations or changes in the facilities of existing TV stations must submit to the FCC a showing as to the location of their stations' or proposed stations' contour. This showing is to include a map showing this contour, except where applicants have previously submitted material to the FCC containing such information and it is found upon careful examination that the contour locations indicated therein would not change, on any radial, when the locations are determined under this section. In the latter cases, a statement by a qualified engineer to this effect will satisfy this requirement and no contour maps need be submitted. ( 4 ) The antenna height to be used with these charts is the height of the radiation center of the antenna above the average terrain along the radial in question. In determining the average elevation of the terrain, the elevations between 3.2-16.1 kilometers (2-10 miles) from the antenna site are employed. Path profiles shall be determined for 8 radials beginning at the antenna site and extending 16.1 kilometers (10 miles) therefrom. The radials should be determined for each 45 degrees of azimuth starting with True North. 10 points per kilometer of elevation (uniformly spaced) should be used for each radial. It is not necessary to take the curvature of the earth into consideration in this procedure, as this factor is taken care of in the charts showing signal strengths. The average elevation of the 12.9 kilometer (8 miles) distance between 3.2-16.1 kilometers (2-10 miles) from the antenna site should then be determined from the path profile for each radial. In directions where the terrain is such that negative antenna heights or heights below 30.5 meters (100 feet) for the 3.2 to 16.1 kilometers (2 to 10 mile) sector are obtained, an assumed height of 30.5 meters (100 feet) shall be used for the prediction of coverage. Actual calculated values should be used for computation of height above average terrain. ( 5 ) In the preparation of the path profiles previously described, and in determining the location and height above sea level of the antenna site, the elevation or contour intervals shall be taken from a high quality bald earth terrain map or dataset such as the United States Geological Survey Topographic Quadrangle Maps or the National Elevation Dataset. If a dataset is used, the data must be processed for intermediate points along each radial using linear interpolation techniques. ( 6 ) It is anticipated that many of these calculations may be done using computer software and with computerized datasets. If software or datasets besides those officially adopted by the FCC are utilized, the alternate software or data must be identified. ( c ) TV Service Areas. ( 1 ) The service area of a TV station is the geographic area within the station's noise-limited F(50,90) contour where its signal strength is predicted to exceed the noise-limited service level. The noise-limited contour is the area in which the predicted F(50,90) field strength of the station's signal, in dB above 1 microvolt per meter (dBu) as determined using the method in § 73.619(b) exceeds the following levels (these are the levels at which reception of TV service is limited by noise): Table 1 to Paragraph ( c )(1)—Noise Limited Service Levels dBu Channels 2-6 28 Channels 7-13 36 Channels 14-36 41 ( 2 ) Within this contour, service is considered available at locations where the station's signal strength, as predicted using the terrain dependent Longley-Rice point-to-point propagation model, exceeds the levels in table 1 to paragraph (c)(1). Guidance for evaluating coverage areas using the Longley-Rice methodology is provided in OET Bulletin No. 69. For availability of OET Bulletin No. 69 (which is incorporated by reference elsewhere in this part), contact FCC (see § 73.8000 for contact information). ( d ) Protected facilities of an allotment. The protected facilities of a TV allotment shall be the facilities (effective radiated power, antenna height and antenna directional radiation pattern, if any) authorized by a construction permit or license, or, where such an authorization is not available for establishing reference facilities, the facilities designated in the FCC order creating or modifying the Table of TV Allotments. [ 89 FR 7246 , Feb. 1, 2024] § 73.620 Interference calculation and protection of TV broadcast services. ( a ) Due to the frequency spacing that exists between Channels 4 and 5, between Channels 6 and 7, and between Channels 13 and 14, the minimum adjacent channel technical criteria specified in this section shall not be applicable to these pairs of channels (see § 73.603(a) ). ( b ) Interference is to be predicted based on the procedures found in § 73.616(d)(1) . ( c ) An application will not be accepted if it is predicted to cause interference to more than an additional 0.5 percent of the population served by another TV station. For this purpose, the population served by the station receiving additional interference does not include portions of the population within the noise-limited service contour of that station that are predicted to receive interference from the TV allotment facilities of the applicant or portions of that population receiving masking interference from any other station. ( d ) A petition to add a new channel to the TV Table or any application to modify an existing TV station or allotment will not be accepted if it is predicted to cause more than 0.5 percent new interference, consistent with paragraphs (a) and (b) of this section, to a Class A TV station authorized pursuant to subpart J of this part , within the protected contour defined in § 73.6010 . ( e ) Negotiated agreements on interference. TV stations may operate with increased effective radiated power (ERP) and/or antenna height above average terrain (HAAT) that would result in more than 0.5 percent additional interference to another TV station if that station agrees, in writing, to accept the additional interference. Such agreements must be submitted with the application for authority to construct or modify the affected TV station. Negotiated agreements under this paragraph can include the exchange of money or other considerations from one station to another, including payments to and from noncommercial television stations assigned to reserved channels. Applications submitted pursuant to the provisions of this paragraph will be granted only if the Commission finds that such action is consistent with the public interest. ( f ) The interference protection requirements contained in this section apply to television station operations under both the TV transmission standard in § 73.682(d) and the Next Gen TV transmission standard in § 73.682(f) . [ 89 FR 7247 , Feb. 1, 2024] § 73.621 Noncommercial educational TV stations. In addition to the other provisions of this subpart, the following shall be applicable to noncommercial educational television broadcast stations: ( a ) Except as provided in paragraph (b) of this section, noncommercial educational broadcast stations will be licensed only to nonprofit educational organizations upon a showing that the proposed stations will be used primarily to serve the educational needs of the community; for the advancement of educational programs; and to furnish a nonprofit and noncommercial television broadcast service. ( 1 ) In determining the eligibility of publicly supported educational organizations, the accreditation of their respective state departments of education shall be taken into consideration. ( 2 ) In determining the eligibility of privately controlled educational organizations, the accreditation of state departments of education or recognized regional and national educational accrediting organizations shall be taken into consideration. ( b ) Where a municipality or other political subdivision has no independently constituted educational organization such as, for example, a board of education having autonomy with respect to carrying out the municipality's educational program, such municipality shall be eligible for a noncommercial educational television broadcast station. In such circumstances, a full and detailed showing must be made that a grant of the application will be consistent with the intent and purpose of the Commission's rules and regulations relating to such stations. ( c ) Noncommercial educational television broadcast stations may transmit educational, cultural and entertainment programs, and programs designed for use by schools and school systems in connection with regular school courses, as well as routine and administrative material pertaining thereto. ( d ) A noncommercial educational television station may broadcast programs produced by or at the expense of, or furnished by persons other than the licensee, if no other consideration than the furnishing of the program and the costs incidental to its production and broadcast are received by the licensee. The payment of line charges by another station, network, or someone other than the licensee of a noncommercial educational television station, or general contributions to the operating costs of a station, shall not be considered as being prohibited by this paragraph. ( e ) Each station shall furnish a nonprofit and noncommercial broadcast service. Noncommercial educational television stations shall be subject to the provisions of § 73.1212 to the extent that they are applicable to the broadcast of programs produced by, or at the expense of, or furnished by others. No promotional announcements on behalf of for profit entities shall be broadcast at any time in exchange for the receipt, in whole or in part, of consideration to the licensee, its principals, or employees. However, acknowledgements of contributions can be made. The scheduling of any announcements and acknowledgements may not interrupt regular programming, except as permitted under paragraph (f) of this section. Note to paragraph ( e ): Commission interpretation of this rule, including the acceptable form of acknowledgements, may be found in the Second Report and Order in Docket No. 21136 (Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations), 86 F.C.C. 2d 141 (1981); the Memorandum Opinion and Order in Docket No. 21136, 90 FCC 2d 895 (1982); the Memorandum Opinion and Order in Docket 21136, 49 FR 13534 , April 5, 1984; and the Report and Order in Docket No. 12-106 (Noncommercial Educational Station Fundraising for Third-Party Non-Profit Organizations), FCC 17-41, April 20, 2017. ( f ) A noncommercial educational television station may interrupt regular programming to conduct fundraising activities on behalf of a third-party non-profit organization, provided that all such fundraising activities conducted during any given year do not exceed one percent of the station's total annual airtime. A station may use the prior year's total airtime for purposes of determining how many hours constitute one percent of its total annual airtime. With respect to stations that multicast programming on two or more separate channels, the one-percent annual limit will apply separately to each individual programming stream. For purposes of this paragraph, a non-profit organization is an entity that qualifies as a non-profit organization under 26 U.S.C. 501(c)(3) . ( 1 ) Audience disclosure. A noncommercial educational television station that interrupts regular programming to conduct fundraising activities on behalf of a third-party non-profit organization must air a disclosure during such activities clearly stating that the fundraiser is not for the benefit of the station itself and identifying the entity for which it is fundraising. The station must air the audience disclosure at the beginning and the end of each fundraising program and at least once during each hour in which the program is on the air. ( 2 ) Reimbursement. A noncommercial educational television station that interrupts regular programming to conduct fundraising activities on behalf of a third-party non-profit organization may accept reimbursement of expenses incurred in conducting third-party fundraising activities or airing third-party fundraising programs. ( 3 ) Exemption. No noncommercial educational television station that receives funding from the Corporation for Public Broadcasting shall have the authority to interrupt regular programming to conduct fundraising activities on behalf of a third-party non-profit organization. ( g ) - ( h ) [Reserved] ( i ) Mutually exclusive applications for noncommercial educational TV stations operating on reserved channels shall be resolved pursuant to the point system in subpart K. ( j ) The requirements of this section apply to the entire digital bitstream of noncommercial educational television stations, including the provision of ancillary or supplementary services. [ 28 FR 13660 , Dec. 14, 1963, as amended at 35 FR 7558 , May 15, 1970; 47 FR 36179 , Aug. 19, 1982; 48 FR 27068 , June 13, 1983; 49 FR 29069 , July 18, 1984; 50 FR 4664 , Feb. 1, 1985; 50 FR 4684 , Feb. 1, 1985; 61 FR 36304 , July 10, 1996; 65 FR 36378 , June 8, 2000; 66 FR 58982 , Nov. 26, 2001; 82 FR 21135 , May 5, 2017; 89 FR 7248 , Feb. 1, 2024] § 73.622 Digital television table of allotments. ( a ) General. The following table of TV allotments contains the television channel allotments designated for the listed communities in the United States, its Territories, and possessions. Requests for addition of new TV allotments, or requests to change the channels allotted to a community, must be made in a petition for rule making to amend the Table of TV Allotments. A request to amend the Table of TV Allotments to add an allotment or change the channel of an allotment in the Table will be evaluated for technical acceptability using engineering criteria set forth in §§ 73.617 , 73.618 , and 73.620 . A request to amend the TV table to add a new allotment will be evaluated for technical acceptability using the geographic spacing criteria set forth in § 73.622(k) and the engineering criteria set forth in §§ 73.614 , 73.617 , 73.618 , and 73.620(a) and (d) . TV allotments designated with an asterisk are assigned for use by non-commercial educational broadcast stations only. Rules governing noncommercial educational TV stations are contained in § 73.621 . ( b ) - ( c ) [Reserved] ( d ) Reference points and distance computations. The reference coordinates of a TV allotment shall be the coordinates of the authorized facility. Where such a transmitter site is not available for use as reference coordinates, such as a new allotment, the coordinates shall be those designated in the FCC order modifying the Table of TV Allotments. ( e ) - ( i ) [Reserved] ( j ) Table of TV Allotments. Community Channel No. Alabama Anniston 9 Bessemer 14 Birmingham 7, *10, 20, 29, 30 Demopolis *19 Dothan 21, 36 Dozier *10 Florence 2, *22 Gadsden 26 Gulf Shores 27 Homewood 21 Hoover 33 Huntsville 15, 17, 18, 19, *24 Louisville *30 Mobile 9, 15, 18, 20, 23, *30 Montgomery 8, 22, *27, 28, 31 Mount Cheaha *12 Opelika 17 Ozark 33 Selma 25, 34 Troy 19 Tuscaloosa 6, 36 Tuskegee 18 Vernon *4 Alaska Anchorage 7, *8, 10, 12, 20, *26, 28, 33 Bethel *3 Fairbanks 7, *9, 18, 26 Juneau *10, 11 Ketchikan 13 North Pole 20 Sitka 7 Arizona Douglas 36 Flagstaff 13, 22, 32 Green Valley 34 Holbrook *11 Kingman 19 Mesa 18 Phoenix *8, 10, 15, 17, 20, 24, 26, 27, 29, 33 Prescott 7 Sierra Vista 21 Tolleson 31 Tucson 9, 16, 19, 23, 25, *28, *30, 32 Yuma 13, 27 Arkansas Arkadelphia *13 Camden 18 El Dorado *10, 27 Eureka Springs 25 Fayetteville *9, 15 Fort Smith 18, 21, 27 Harrison 31 Hot Springs 16 Jonesboro 18, *20, 27 Little Rock *7, 12, 22, 28, 30, 32, *36 Mountain View *13 Pine Bluff 24, 34 Rogers 33 Springdale 29 California Anaheim 12 Arcata 22 Avalon S Bakersfield 10, 25, 26, 33 Bishop 20 Calipatria 36 Ceres *15 Chico 20, 36 Clovis 27 Colusa *2 Concord S Corona 25 Cotati *5 El Centro 9, 22 Eureka 3, *11, 17, 28 Fort Bragg * 4, 8 Fremont S Fresno 7, 20, 30, *32, 34 Garden Grove S Hanford 21 Huntington Beach *S Inglewood S Long Beach 18 Los Angeles 4, 7, 9, 11, 13, *28, 31, 34, 35, 36, *S Merced 11 Modesto 18 Monterey 32, S Oakland 31 Ontario 29 Palm Springs 26, 28 Palo Alto S Paradise 30 Porterville 23 Rancho Palos Verdes 30 Redding *9, 15 Riverside S Sacramento *9, 10, 21, 22, 24, 35 Salinas 8, 11 San Bernardino *5, 24 San Diego 8, 10, 17, 18, *19, 26 San Francisco 7, 12, 20, 28, 29, *30, 32, S, S, *S San Jose 13, 19, 33, 36, *S San Luis Obispo 15, 34 San Mateo *27 Sanger 36 Santa Ana 33 Santa Barbara 21, 27 Santa Maria 19 Stockton 23, 25, 26 Tulare *3 Twentynine Palms 23 Vallejo 34 Ventura S Visalia *22, 28 Watsonville *25 Colorado Boulder 32 Broomfield *13 Castle Rock 15 Colorado Springs 22, 24, 26 Denver 7, 9, 18, *20, 28, 31, *33, 34, 35, 36 Durango 15, *20, 33 Fort Collins 21 Glenwood Springs 23 Grand Junction 2, 7, 12, 15, *18 Greeley 17 Longmont 29 Montrose 13 Pueblo *8, 25, 27 Steamboat Springs 10 Sterling 23 Connecticut Bridgeport S Hartford *30, 34, 36, S New Britain 31 New Haven 10, S, *S New London 28 Norwich *9 Stamford *21 Waterbury 33 Delaware Dover 5 Seaford *24 Wilmington 2, *13, 34 District of Columbia Washington 7, 9, *31, *33, 34, 36, S, S Florida Boca Raton *25 Boynton Beach *S Bradenton 29 Cape Coral 34 Clearwater 21 Clermont 23 Cocoa *30, 32 Daytona Beach 11, 15 Destin 29 Fort Lauderdale 30 Fort Myers 15, *22, 31 Fort Pierce *18, 20 Fort Walton Beach 14, 21, 25 Gainesville 8, 16, *36 High Springs 29 Hollywood 24 Jacksonville *9, 14, 18, 19, 20, *21, 33 Key West 3, 8 Lake Worth 36 Lakeland 18 Leesburg 7, *S Live Oak 17 Marianna 26 Melbourne 14, 22 Miami 9, 10, 21, 22, 23, *26, 27, 28, *29, 31, 32 Naples 28, 32 New Smyrna Beach *24 Ocala 31 Orange Park 10 Orlando 26, 27, 28, 33, *34, 35 Palm Beach 7 Panama City 9, 13, 16, *28 Panama City Beach 33 Pensacola 17, *24, 34, 35 Sarasota 24 St. Petersburg 10, 19, S Stuart 34 Tallahassee 22, 24, 27, *32 Tampa 9, 12, *13, 17, 20, *S Tequesta 16 Tice 33 Venice 25 West Palm Beach 12, 13, 35 Georgia Albany 10, 29 Athens *7, 18 Atlanta 10, 19, *21, 25, 27, 31, 32, *34, 36 Augusta 27, 28, 36 Bainbridge 19 Baxley 35 Brunswick 24 Chatsworth *4 Cochran *9 Columbus *5, 11, 15, 24, 35 Cordele 34 Dalton 28 Dawson *7 Macon 13, 26, 30, 33 Monroe 22 Pelham *6 Perry 23 Rome 16 Savannah *8, 16, 22, 23 Thomasville 20 Toccoa 24 Valdosta 31 Waycross *7 Wrens *6 Hawaii Hilo 9, 11, 13, 22, 23 Honolulu 8, *11, *18, 19, 20, 22, 23, *26, 27, 31, 33, 35 Kailua 29 Kailua-Kona 25 Kaneohe 32 Wailuku 7, *10, 12, 16, 21, 24 Waimanalo 15 Idaho Boise 7, 15, 20, *21 Caldwell 10 Coeur d'Alene *18 Filer *18 Idaho Falls 18, 20, 36 Lewiston 32 Moscow *12 Nampa 13, 24 Pocatello *17, 23, 31 Sun Valley 5 Twin Falls 11, *22, 34 Illinois Aurora S Bloomington 28 Carbondale *8 Champaign 32, 34 Charleston *30 Chicago 12, 19, 22, 23, 24, *25, 33, 34, S Decatur 20, 22 East St. Louis 28 Freeport 9 Galesburg 8 Harrisburg 34 Jacksonville *18 Joliet 35 Macomb *36 Marion 30 Moline *23, 31 Mount Vernon 13 Naperville S Olney *23 Oswego 10 Peoria 24, 25, 26, *35 Quincy 22, 32, *34 Rock Island 4 Rockford 13, 16, 36 Springfield 11, 15, 16 Urbana *9, 36 Indiana Angola 12 Bloomington 27, 28, *33, S Elkhart 30 Evansville *9, 12, 22, 26, 28 Fort Wayne *18, 20, 24, 32, 34 Gary *17, S Hammond 21 Indianapolis 7, 9, 13, *21, 22, *23, 25 Kokomo 15 Lafayette 11 Marion S Muncie 19 Richmond S Salem 16 South Bend 27, 29, *31, 36 Terre Haute 10, 18, 35 Vincennes *31 Iowa Ames 5, *21, 23 Burlington 21 Cedar Rapids 22, 27, 29, 32 Council Bluffs *33 Davenport 17, 30, *34 Des Moines 8, 13, 16, 19, *34 Dubuque 14 Fort Dodge *25 Iowa City *12, 25 Mason City *18, 24 Newton 36 Ottumwa 15 Red Oak *35 Sioux City 9, 14, *28, 30, 32 Waterloo 7, *35 Kansas Colby 17, *19 Derby 31 Dodge City *21 Ensign 6 Garden City 11, 13 Goodland 10 Great Bend 22 Hays 7, *16 Hoisington 14 Hutchinson *8, 19, 35 Lakin *8 Lawrence 25 Pittsburg 7, 13 Salina 17 Topeka *11, 12, 13, 16, 27 Wichita 10, 15, 26, 28 Kentucky Ashland 13, *36 Beattyville 7 Bowling Green 13, *18, 24, *29 Covington *22 Danville 19 Elizabethtown *23 Harlan S Hazard 20, *33 Lexington 21, 27, 28, *35 Louisville 8, 11, 14, *30, 32, *34, 36 Madisonville *31 Morehead *30 Murray *17 Newport 15 Owensboro 17 Owenton *24 Paducah 19, *23, 25 Pikeville *23 Richmond 25 Somerset *17 Louisiana Alexandria 26, 31, *33, 35 Baton Rouge 9, 13, 24, *25, 34 Columbia 11 Hammond 35 Lafayette 10, 16, *23, 28 Lake Charles 7, 18, *20 Minden 32 Monroe *13, 24 New Iberia 17 New Orleans 15, 19, 21, *23, 26, 27, *28, 29, 33 Shreveport 16, *17, 23, 28, 34 Slidell 17 West Monroe 19, 22 Maine Augusta *20 Bangor 2, 7, 13 Biddeford *36 Calais *10 Lewiston 24 Orono *22 Poland Spring 8 Portland 15, 31, 34 Presque Isle 8, *10 Waterville 17 Maryland Annapolis *21 Baltimore 11, 12, *22, 25, 26, 27, S Frederick *28 Hagerstown 23, *29 Oakland *26 Salisbury *16, 29, 32 Silver Spring S Massachusetts Boston *5, 20, 21, 22, *32, 33, 34, 35 Cambridge S Foxborough S Lowell *S Marlborough 27 New Bedford 24, S Norwell 36 Pittsfield 7 Springfield 11, *13, 26 Woburn S Worcester 19 Michigan Alpena 11, *24 Ann Arbor 24 Bad Axe *15 Battle Creek 17, 21 Bay City 23, 30 Cadillac 9, 32, *34 Calumet 5 Cheboygan 16 Detroit 7, *20, 21, 25, 31, 32, 34 East Lansing *33 Escanaba 32 Flint 12, 16 Grand Rapids 7, *11, 13, 19 Ishpeming 10 Kalamazoo *5, 8, 22 Lansing 14, 28, S Manistee *20 Marquette *8, 19, 35 Mount Clemens 27 Mount Pleasant *26 Muskegon 24 Onondaga 10 Saginaw 18, 36 Sault Ste. Marie 8, 10 Traverse City 29, 35 Vanderbilt 21 Minnesota Alexandria 7, 24 Appleton *10 Austin *20, 36 Bemidji *9, 26 Brainerd *28 Chisholm 11 Crookston *16 Duluth *8, 10, 18, 27, 33 Hibbing 13, *31 Mankato 12 Minneapolis 9, 22, 29, 30, 31, 32 Redwood Falls 27 Rochester 10, 26 St. Cloud 16 St. Paul *23, *34, 35 Thief River Falls 10 Walker 12 Worthington *15 Mississippi Biloxi *16, 32 Booneville *9 Bude *18 Columbus 27 Greenville 15 Greenwood *25, 32 Gulfport 25 Hattiesburg 22 Holly Springs 26 Jackson 12, 14, *20, 21, 23, 30 Laurel 7 Magee 34 Meridian 13, 24, *28, 31 Mississippi State *8 Natchez 15 Oxford *36 Senatobia *S Tupelo 11, 17 Vicksburg 36 West Point 16 Missouri Cape Girardeau 32, 36 Columbia 17, 27 Hannibal 22 Jefferson City 20, 29 Joplin 17, 23, *35 Kansas City *18, 24, 29, 30, 31, 32, 34, 36 Kirksville 33 Osage Beach 22 Poplar Bluff 15 Sedalia 15 Springfield 10, *16, 19, 28 St. Joseph 7, 21 St. Louis 14, *23, 24, 26, 31, 33, 35 Montana Billings 11, *16, 18, 20 Bozeman * 8, 27 Butte 15, 19, 20, 24 Glendive 5 Great Falls 8, 17, * 21, 22, 26 Hardin 22 Havre 9 Helena 29, 31 Kalispell * 15, 17 Miles City 3 Missoula *11, 21, 23, 25 Nebraska Alliance *13 Bassett *7 Grand Island 11 Hastings 5, *28 Hayes Center 6 Kearney 18 Lexington *26 Lincoln 8, 10, 15, *27 McCook 12 Merriman *12 Missoula *11, 20, 23, 25 Norfolk *19 North Platte 2, *9 Omaha *17, 20, 22, 26, 29, 31 Scottsbluff 29 Sidney 7 York 24 Nevada Elko 20 Ely 27 Henderson 24 Las Vegas 2, 7, *11, 16, 22, 26, 29 Laughlin 32 Paradise 20 Reno 8, 11, 12, *15, 20, 23, 26 Tonopah 9 Winnemucca 16 New Hampshire Concord 23 Derry S Durham *11 Keene *18 Littleton *23 Manchester 9 Merrimack 29 New Jersey Atlantic City 4 Camden *23 Jersey City S Linden 35 Middletown Township 3 Millville S Montclair *S Mount Laurel S New Brunswick *8 Newark 12, 26 Newton 18 Paterson S Princeton S Secaucus 25 Trenton *S Vineland S Wildwood 36 New Mexico Alamogordo *4 Albuquerque 7, 13, 16, *17, 22, 24, 26, *35, 36 Carlsbad 19, 25 Clovis 12 Farmington 12 Hobbs 29 Las Cruces *23, 26 Portales *32 Roswell 8, 10, 21, 27 Santa Fe *8, 10, 27, 29 Silver City 10, 12 New York Albany 8, 21, 24 Amsterdam 19 Batavia 24 Binghamton 7, 8, 27, *31 Buffalo 16, *31, 32, 33, 34, 36, S Carthage 8 Corning *25, 30 Elmira 23, 35 Garden City *32 Ithaca 13 Jamestown 5 New Rochelle S New York 7, 11, *24, 27, 34, 36, S Norwood *23 Plattsburgh 14, *36 Riverhead 29 Rochester 9, 10, 21, *22, 28 Saranac Lake 34 Schenectady 22, *25, 35 Smithtown 23 Springville 7 Syracuse 14, 15, 17, 18, 19, *20, 36 Utica 29, 30, 34 Watertown *26, 31 North Carolina Archer Lodge S Asheville 13, *20, S Belmont 25 Burlington 26 Chapel Hill *20 Charlotte *9, 18, 19, 23, 24 Concord *21 Durham 9, 14 Edenton *29 Fayetteville 22 Goldsboro 8 Greensboro 28, 35, S Greenville 12, 19, *25, 36 Hickory 14 High Point 31 Jacksonville 16, *28 Kannapolis 32 Lexington S Linville *36 Lumberton *30 Manteo 13 New Bern 10 Raleigh 15, 17, 18 Roanoke Rapids *27 Rocky Mount 32 Wake Forest S Washington 34 Wilmington *21, 23, 24, 29 Winston-Salem 16, 29, *33 North Dakota Bismarck 12, 17, *22, 26, 31 Devils Lake 8, *25 Dickinson 7, *9, 19 Ellendale *20 Fargo *13, 19, 21, 36 Grand Forks *15, 27 Jamestown 7 Minot 10, 13, 14, *15, 24 Pembina 12 Valley City 24 Williston 8, *11, 14 Ohio Akron 17, 22, *24 Alliance *29 Athens *32 Bowling Green *22 Cambridge *6 Canton S, S Chillicothe 23 Cincinnati 12, *17, 18, 20, 26 Cleveland 8, 15, 19, *35, 36 Columbus 14, *16, 21, 27, 28 Dayton 31, 33, 34, *35, 36 Lima 4, 8 London S Lorain S Mansfield 12 Oxford *29 Portsmouth 15 Sandusky 3 Shaker Heights 10 Springfield S Steubenville 9 Toledo 11, 13, 23, 26, *29, 35 Youngstown 31, 33, S Zanesville 30 Oklahoma Ada 17 Bartlesville 36 Cheyenne *8 Claremore *32 Eufaula *31 Lawton 11 Muskogee 20 Norman 16 Oklahoma City 7, *13, 15, 18, 19, 23, 24, 25, 27, 33 Okmulgee 28 Shawnee 29 Tulsa 8, *11, 12, 14, 16, 22, 26, 34 Woodward 35 Oregon Bend *11, 18, 21 Coos Bay 22, 34 Corvallis *7 Eugene 9, 17, 28, *29, 31 Grants Pass 30 Jacksonville *4 Klamath Falls 13, 29, *33 La Grande *13, 16 Medford 5, *8, 12, 16, 26 Pendleton 11 Portland *10, 21, 24, 25, 26, 32 Roseburg 18, 19, 36 Salem 22, 33 Pennsylvania Allentown S, *S Altoona 6, 24, 31 Bethlehem 9 Clearfield *15 Erie 12, 21, 26, *27, 28 Greensburg 28 Harrisburg 10, 32, *36 Hazleton 22 Jeannette 11 Johnstown 8, 35 Lancaster 8, S Philadelphia 6, 17, 28, 30, 31, 33, *S Pittsburgh *4, 16, 20, 21, 23, 25, 27 Red Lion S Scranton 12, 21, 33, 34, *S Wilkes-Barre 11 Williamsport 29 Willow Grove S York S Rhode Island Newport 17 Providence *2, 7, 12, 25 South Carolina Allendale *21 Anderson 35 Beaufort *32 Charleston 17, 19, 20, *24, 25, 34 Columbia 7, 10, 15, 22, 25, *33 Conway *28 Florence 13, *16, 26, 27 Greenville *8, 17, 29, 30 Greenwood *26 Hardeeville 26 Myrtle Beach 32, 36 Rock Hill 34, S Spartanburg 11, *S Sumter *29, 31 South Dakota Aberdeen 9, *17 Brookings *8 Eagle Butte *13 Florence 3 Huron 12 Lead 5, 10 Lowry *11 Martin *8 Mitchell 26 Pierre *10, 19 Rapid City 2, 7, 16, 21, *26 Reliance 13 Sioux Falls 7, 11, 13, 21, *24, 36 Vermillion *34 Tennessee Chattanooga 8, 9, 13, 14, *35 Cleveland 23 Cookeville *22 Crossville 31 Franklin 32 Greeneville 28 Hendersonville 33 Jackson 21, 35 Jellico 18 Johnson City 9 Kingsport 32 Knoxville 10, 15, 21, 26, *29, 34 Lebanon 25 Lexington *27 Memphis 13, 23, 25, 28, *29, 30, 31, 33 Murfreesboro 16 Nashville *7, 10, 20, 21, 27, 30, 36 Sneedville *24 Tazewell 36 Texas Abilene 15, 29, 30 Alvin 36 Amarillo *9, 10, 15, 19, 20 Arlington 25 Austin 7, 21, *22, 23, 33, 34 Baytown 31 Beaumont 12, 15, *29 Belton 17 Big Spring 33 Blanco 18 Borger 31 Bryan 24 College Station 16, 29 Conroe *12 Corpus Christi 8, 10, 19, *23, 26, 27 Dallas 8, *14, 21, 27, 32, 35, 36 Decatur 30 Del Rio 28 Denton *29 Eagle Pass 18 El Paso *13, 15, 16, 17, 18, 20, *21, 25 Farwell 18 Fort Worth 9, 18, 19, 24 Fredericksburg 8 Galveston 22, *23 Garland 33 Greenville 23 Harlingen 16, 18, *21 Houston *8, 11, 13, 19, 21, *24, 26, 34, 35 Irving 34 Jacksonville 22 Katy 25 Kerrville 32 Killeen 13 Lake Dallas 31 Laredo 8, 19 Llano 27 Longview 20, S Lubbock 16, *25, 27, 31, 35, 36 Lufkin 24 McAllen 17 Midland 18, 26 Nacogdoches 15 Odessa 9, 15, 23, *28, 30, 31 Port Arthur 27 Rio Grande 14 Rosenberg 30 San Angelo 11, 16, 19 San Antonio *9, 12, 15, *16, 24, 28, 29, 30 Sherman 12 Snyder 17 Sweetwater 20 Temple 9 Texarkana 26 Tyler 7 Uvalde 26 Victoria 11, 20 Waco 10, *20, 26, 28 Weslaco 13 Wichita Falls 15, 22, 28 Wolfforth 23 Utah Cedar City 14 Logan 12 Ogden 24, 35, *36 Price 11 Provo *17, 29, 32 Richfield *19 Salt Lake City 19, 20, 23, *27, 28, 30, 34 St. George *18, 21 Vernal 16 Vermont Burlington 7, 16, 20, *32 Montpelier S Rutland *10 St. Johnsbury *28 Windsor *S Virginia Arlington 15 Ashland 8 Bristol 35 Charlottesville 2, *26, 32 Culpeper *S Danville S Grundy 14 Hampton 35 Hampton-Norfolk *31 Harrisonburg 20 Lynchburg 7, 21 Manassas 35 New Market *S Norfolk 16, 32, 33 Petersburg 28 Portsmouth 19, 20 Richmond 10, *22, 23, 24, *29 Roanoke *13, 27, 30, 34, 36 Spotsylvania *S Staunton *15 Virginia Beach 7, 21 Waynesboro *12 Washington Bellevue 24, 33 Bellingham 14, 19 Centralia *19 Everett 31 Kennewick 27 Pasco 18 Pullman *10, 24 Richland *22, 26 Seattle *9, 16, 23, 25, 30, 36 Spokane *7, 13, 15, 20, 28, 34, 36 Tacoma 11, 13, 21, *27, *34 Vancouver 30 Walla Walla 9 Yakima 14, 16, *21, 33 West Virginia Bluefield 17, 25 Charleston 18, 24, 29 Clarksburg 12, 13 Grandview *8 Huntington *9, 10, 22 Lewisburg 11 Martinsburg 13 Morgantown *34 Oak Hill 31 Parkersburg 35 Weston 33 Wheeling 7 Wisconsin Antigo 19 Appleton 36 Chippewa Falls 21 Crandon 13 Eagle River 26, 28 Eau Claire 17, 25 Fond du Lac 5 Green Bay 14, 18, 22, 23, *25 Janesville 21 Kenosha 30 La Crosse 8, *15, 28, 33 Madison 11, 18, 19, *20, 26 Mayville 34 Menomonie *27 Milwaukee *8, 27, 28, 29, 31, 32, S, *S Park Falls *36 Racine S Rhinelander 16 Shawano 31 Superior 19 Suring 15 Wausau 7, 9, *24 Wyoming Casper *8, 12, 14, 17, 20 Cheyenne 11, 27, 30 Jackson 11 Lander 7, *8 Laramie *8 Rawlins 9 Riverton 10 Rock Springs 13 Sheridan 7, 13 Guam Hagåtña 8, 12 Tamuning 14 Puerto Rico Aguada 25 Aguadilla 12, 17 Arecibo 35 Bayamón S Caguas 11, *24 Carolina 30 Fajardo 13, *15, 16 Guayama 34 Humacao 23 Mayagüez 20, 29, 31, 32 Naranjito 18 Ponce 7, 9, 14, *19, 36, S San Juan 21, *26, 27, 28, S San Sebastián 33 Toa Baja *S Yauco S US Virgin Islands Charlotte Amalie 17, 21, *36 Christiansted 20, 23 ( k ) Minimum geographic spacing requirements for new TV allotments. No petition to add a new channel to the Table of TV Allotments will be accepted unless it shows compliance with the requirements of this paragraph. ( 1 ) Requests filed pursuant to this paragraph must demonstrate compliance with the principal community coverage requirements of § 73.618 . ( 2 ) Requests filed pursuant to this paragraph must meet the following requirements for geographic spacing with regard to all other TV stations and allotments: ( i ) For VHF channels 2-13 in Zone I, co-channel allotments must be separated by 244.6 km, and no adjacent-channel allotments are permitted between 20 km and 110 km. ( ii ) For UHF channels 14-36 in Zone I, co-channel allotments must be separated by 196.3 km, and no adjacent-channel allotments are permitted between 24 km and 110 km. ( iii ) For VHF channels 2-13 in Zones II and III, co-channel allotments must be separated by 273.6 km, and no adjacent-channel allotments are permitted between 23 km and 110 km. ( iv ) For UHF channels 14-36 in Zones II and III, co-channel allotments must be separated by 223.7 km, and no adjacent-channel allotments are permitted between 24 km and 110 km. ( 3 ) Zones are defined in § 73.609 . The minimum distance separation between a TV station in one zone and TV station in another zone shall be that of the zone requiring the lower separation. ( 4 ) Due to the frequency spacing that exists between Channels 4 and 5, between Channels 6 and 7, and between Channels 13 and 14, the minimum geographic spacing requirements specified in paragraph (k)(2) of this section shall not be applicable to these pairs of channels ( § 73.603(a) ). [ 62 FR 26712 , May 14, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 73.622 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.623 TV application processing. ( a ) General. Applications for new TV broadcast stations or for changes in authorized TV stations filed pursuant to this section will not be accepted for filing if they fail to comply with the requirements of this section and §§ 73.614 , 73.617 , 73.618 , and 73.620 . ( b ) Availability of channels. Applications may be filed to construct TV broadcast stations only on the channels designated in the Table of TV Allotments set forth in § 73.622(j) , and only in the communities listed therein. Applications that fail to comply with this requirement, whether or not accompanied by a petition to amend the TV Table, will not be accepted for filing. ( c ) through ( g ) [Reserved] ( h ) TV application processing priorities are as follows: ( 1 ) [Reserved] ( 2 ) TV applications for a construction permit or a modified construction permit: ( i ) Shall be afforded the interference protection set forth in § 73.620 : ( A ) through ( C ) [Reserved] ( D ) By later-filed TV applications; and ( E ) By later-filed rulemaking petitions to amend the Table of TV Allotments; ( ii ) Must demonstrate the requisite interference protection set forth in § 73.620 to: ( A ) TV licensed stations; ( B ) TV construction permits; ( C ) Earlier-filed TV applications; ( D ) Existing TV allotments; ( E ) Rulemaking petitions to amend the Table of TV Allotments for which a Notice of Proposed Rule Making has been released and the comment deadline specified therein has passed prior to the filing date of the TV application; ( F ) through ( J ) [Reserved] ( iii ) That do not provide the requisite interference protection set forth § 73.620 to the following applications and petitions will be deemed mutually exclusive with those applications and petitions: ( A ) Other TV applications filed the same day; ( B ) Rulemaking petitions to amend the Table of TV Allotments for which a Notice of Proposed Rule Making had been released and the comment deadline specified therein had not passed prior to the filing date of the TV application; and ( C ) Earlier-filed rulemaking petitions to amend the Table of TV Allotments for which a Notice of Proposed Rule Making had not been released. ( 3 ) TV applicants and TV rulemaking petitioners that are mutually exclusive pursuant to this section will be notified by Public Notice and provided with a 90-day period of time to resolve their mutual exclusivity via engineering amendment or settlement. Those applications and petitions that remain mutually exclusive upon conclusion of the 90-day settlement period will be dismissed. [ 89 FR 7248 , Feb. 1, 2024] § 73.624 Television broadcast stations. ( a ) Television broadcast stations are assigned channels 6 MHz wide. ( b ) Minimum programming requirements. The TV service that is provided pursuant to this paragraph (b) must have a resolution of at least 480i (vertical resolution of 480 lines, interlaced). ( 1 ) TV licensees or permittees that broadcast in ATSC 1.0 (using the transmission standard in 73.682(d)) shall transmit at least one free over the air video program signal at no direct charge to viewers. ( 2 ) [Reserved] ( 3 ) TV licensees or permittees that choose to broadcast an ATSC 3.0 signal (using the Next Gen TV transmission standard in § 73.682(f) ) shall transmit at least one free over the air video programming stream on that signal that requires at most the signal threshold of a comparable received TV signal. TV licensees or permittees that choose to broadcast an ATSC 3.0 signal (using the Next Gen TV transmission standard in § 73.682(f) ) shall also simulcast the primary video programming stream on its ATSC 3.0 signal by broadcasting an ATSC 1.0 signal (using the TV transmission standard in § 73.682(d) ) from another broadcast television facility within its local market in accordance with the local simulcasting requirement in § 73.3801 and § 73.6029 and § 74.782 of this chapter . ( c ) Provided that TV broadcast stations comply with paragraph (b) of this section, TV broadcast stations are permitted to offer services of any nature, consistent with the public interest, convenience, and necessity, on an ancillary or supplementary basis. The kinds of services that may be provided include, but are not limited to computer software distribution, data transmissions, teletext, interactive materials, aural messages, paging services, audio signals, subscription video, and any other services that do not derogate TV broadcast stations' obligations under paragraph (b) of this section. Such services may be provided on a broadcast, point-to-point or point-to-multipoint basis, provided, however, that any video broadcast signal provided at no direct charge to viewers shall not be considered ancillary or supplementary. ( 1 ) TV licensees that provide ancillary or supplementary services that are analogous to other services subject to regulation by the Commission must comply with the Commission regulations that apply to those services, provided, however, that no ancillary or supplementary service shall have any rights to carriage under §§ 614 or 615 of the Communications Act of 1934, as amended, or be deemed a multichannel video programming distributor for purposes of section 628 of the Communications Act of 1934, as amended. ( 2 ) In all arrangements entered into with outside parties affecting service operation, the TV licensee or permittee must retain control over all material transmitted in a broadcast mode via the station's facilities, with the right to reject any material in the sole judgement of the permittee or licensee. The license or permittee is also responsible for all aspects of technical operation involving such telecommunications services. ( 3 ) In any application for renewal of a broadcast license for a television station that provides ancillary or supplementary services, a licensee shall establish that all of its program services are in the public interest. Any violation of the Commission's rules applicable to ancillary or supplementary services will reflect on the licensee's qualifications for renewal of its license. ( d ) through ( f ) [Reserved] ( g ) Commercial TV licensees and permittees, and low power television, TV translator, and Class A licensees and permittees, must annually remit a fee of 5 percent of the gross revenues derived from all ancillary and supplementary services, as defined by paragraph (c) of this section, which are feeable, as defined in paragraphs (g)(1)(i) and (ii) of this section. Noncommercial TV licensees and permittees must annually remit a fee of 5 percent of the gross revenues derived from all ancillary and supplementary services, as defined by paragraph (c) of this section, which are feeable, as defined in paragraphs (g)(1)(i) and (ii) of this section, except that such licensees and permittees must annually remit a fee of 2.5 percent of the gross revenues from such ancillary or supplementary services which are nonprofit, noncommercial, and educational. ( 1 ) ( i ) All ancillary or supplementary services for which payment of a subscription fee or charge is required in order to receive the service are feeable. The fee required by this provision shall be imposed on any and all revenues from such services, including revenues derived from subscription fees and from any commercial advertisements transmitted on the service. ( ii ) Any ancillary or supplementary service for which no payment is required from consumers in order to receive the service is feeable if the TV licensee directly or indirectly receives compensation from a third party in return for the transmission of material provided by that third party (other than commercial advertisements used to support broadcasting for which a subscription fee is not required). The fee required by this provision shall be imposed on any and all revenues from such services, other than revenues received from a third party in return for the transmission of commercial advertisements used to support broadcasting for which a subscription fee is not required. ( 2 ) Payment of fees. ( i ) Each December 1, all commercial and noncommercial TV licensees and permittees that provided feeable ancillary or supplementary services as defined in this section at any point during the 12-month period ending on the preceding September 30 will electronically report, for the applicable period: ( A ) A brief description of the feeable ancillary or supplementary services provided; ( B ) Gross revenues received from all feeable ancillary and supplementary services provided during the applicable period; and ( C ) The amount of bitstream used to provide feeable ancillary or supplementary services during the applicable period. Licensees and permittees will certify under penalty of perjury the accuracy of the information reported. Failure to file information required by this section may result in appropriate sanctions. ( ii ) A commercial or noncommercial TV licensee or permittee that has provided feeable ancillary or supplementary services at any point during a 12-month period ending on September 30 must additionally file the FCC's standard remittance form (Form 159) on the subsequent December 1. Licensees and permittees will certify the amount of gross revenues received from feeable ancillary or supplementary services for the applicable 12-month period and will remit the payment of the required fee. ( iii ) The Commission reserves the right to audit each licensee's or permittee's records which support the calculation of the amount specified on line 23A of Form 159. Each licensee or permittee, therefore, is required to retain such records for three years from the date of remittance of fees. [ 89 FR 7429 , Feb. 1, 2024] § 73.625 TV antenna system. ( a ) - ( b ) [Reserved] ( c ) Antenna system. ( 1 ) The antenna system shall be designed so that the effective radiated power at any angle above the horizontal shall be as low as the state of the art permits, and in the same vertical plane may not exceed the effective radiated power in either the horizontal direction or below the horizontal, whichever is greater. ( 2 ) An antenna designed or altered to produce a noncircular radiation pattern in the horizontal plane is considered to be a directional antenna. Antennas purposely installed in such a manner as to result in the mechanical beam tilting of the major vertical radiation lobe are included in this category. ( 3 ) Applications proposing the use of directional antenna systems must be accompanied by the following: ( i ) Complete description of the proposed antenna system, including the manufacturer and model number of the proposed directional antenna. ( ii ) Relative field azimuth plane pattern (patterns for both horizontal and vertical polarization should be included if elliptical or circular polarization is used consistent with paragraph (d) of this section) of the proposed directional antenna. A value of 1.0 should be used for the maximum radiation in the horizontal polarization. The plot of the pattern should be oriented so that 0 degrees corresponds to true North. Where mechanical beam tilt is intended, the amount of tilt in degrees of the antenna vertical axis and the orientation of the downward tilt with respect to true North must be specified, and a tabulation of the elevation pattern included consistent with paragraph (c)(3)(vii) of this section. A horizontal plane pattern reflecting the use of mechanical beam tilt may be requested if required to facilitate international coordination. ( iii ) A tabulation of the relative field pattern required in paragraph (c)(3)(ii) of this section. The tabulation should use the same zero degree reference as the plotted pattern, and be tabulated at least every 10 degrees. In addition, tabulated values of all maxima and minima, with their corresponding azimuths, should be submitted. ( iv ) Horizontal and vertical plane radiation patterns showing the effective radiated power, in dBk, for each direction. Sufficient vertical plane patterns must be included to indicate clearly the radiation characteristics of the antenna above and below the horizontal plane. In cases where the angles at which the maximum vertical radiation varies with azimuth, a separate vertical radiation pattern must be provided for each pertinent radial direction. ( v ) All azimuth plane patterns must be plotted in a PDF attachment to the application in a size sufficient to be easily viewed. ( vi ) The horizontal and vertical plane patterns that are required are the patterns for the complete directional antenna system. In the case of a composite antenna composed of two or more individual antennas, this means that the patterns for the composite antenna, not the patterns for each of the individual antennas, must be submitted. ( vii ) If an elevation pattern is submitted in the application form, similar tabulations and PDF attachments shall be provided for the elevation pattern. ( viii ) If a matrix pattern is submitted in the application form, similar tabulations shall be provided as necessary in the form of a spreadsheet to accurately represent the pattern. ( 4 ) Where simultaneous use of antennas or antenna structures is proposed, the following provisions shall apply: ( i ) In cases where it is proposed to use a tower of an AM broadcast station as a supporting structure for a TV broadcast antenna, an appropriate application for changes in the radiating system of the AM broadcast station must be filed by the licensee thereof. A formal application (FCC Form 301, or FCC Form 340 for a noncommercial educational station) will be required if the proposal involves substantial change in the physical height or radiation characteristics of the AM broadcast antennas; otherwise an informal application will be acceptable. (In case of doubt, an informal application (letter) together with complete engineering data should be submitted.) An application may be required for other classes of stations when the tower is to be used in connection with a TV station. ( ii ) When the proposed TV antenna is to be mounted on a tower in the vicinity of an AM station directional antenna system and it appears that the operation of the directional antenna system may be affected, an engineering study must be filed with the TV application concerning the effect of the TV antenna on the AM directional radiation pattern. Field measurements of the AM stations may be required prior to and following construction of the TV station antenna, and readjustments made as necessary. ( iii ) In any case, where the TV licensee or permittee proposes to mount its antenna on or near an AM tower, as defined in § 1.30002 , the TV licensee or permittee must comply with § 1.30002 or § 1.30003 , as applicable. ( 5 ) Applications proposing the use of electrical beam tilt must be accompanied by the following: ( i ) Complete description of the proposed antenna system, including the manufacturer and model number. Vertical plane radiation patterns conforming with paragraphs (c)(3)(iv) , (c)(3)(v) and (c)(3)(vi) of this section. ( ii ) For at least 36 evenly spaced radials, including 0 degrees corresponding to true North, a determination of the depression angle between the transmitting antenna center of radiation and the radio horizon using the formula in paragraph (b)(2) of this section. ( iii ) For each such radial direction, the ERP at the depression angle, taking into account the effect of the electrical beam tilt, mechanical beam tilt, if used, and directional antenna pattern if a directional antenna is specified. ( iv ) The maximum ERP toward the radio horizon determined by this process must be clearly indicated. In addition, a tabulation of the relative fields representing the effective radiation pattern toward the radio horizon in the 36 radial directions must be submitted. A value of 1.0 should be used for the maximum radiation. ( d ) It shall be standard to employ horizontal polarization. However, circular or elliptical polarization may be employed if desired, in which case clockwise (right hand) rotation, as defined in the IEEE Standard Definition 42A65-3E2, and transmission of the horizontal and vertical components in time and space quadrature shall be used. For either omnidirectional or directional antennas the licensed effective radiated power of the vertically polarized component may not exceed the licensed effective radiated power of the horizontally polarized component. For directional antennas, the maximum effective radiated power of the vertically polarized component shall not exceed the maximum effective radiated power of the horizontally polarized component in any specified horizontal or vertical direction. [ 62 FR 26990 , May 16, 1997, as amended at 63 FR 13562 , Mar. 20, 1998; 66 FR 9985 , Feb. 13, 2001; 66 FR 65135 , Dec. 18, 2001; 83 FR 5544 , Feb. 8, 2018; 86 FR 66209 , Nov. 22, 2021; 89 FR 7250 , Feb. 1, 2024] § 73.626 TV distributed transmission systems. ( a ) Distributed transmission systems. A TV station may be authorized to operate multiple synchronized transmitters on its assigned channel to provide service consistent with the requirements of this section. Such operation is called a distributed transmission system (DTS). Except as expressly provided in this section, TV stations operating a DTS facility must comply with all rules applicable to TV single-transmitter stations. ( b ) Authorized service area. For purposes of compliance with this section, a station's “authorized service area” is defined as the area within its predicted noise-limited service contour determined using the facilities authorized for the station in a license or construction permit for non-DTS, single-transmitter-location operation (its “authorized facility”). ( c ) Table of Distances. The following Table of Distances describes (by channel and zone) a station's maximum service area that can be obtained in applying for a DTS authorization and the maximum interference area that can be created by its facilities. Table 1 to Paragraph ( c ) Channel Zone Service field strength (dBu) Distance from reference point Reference interference field strength (dBu) Distance from reference point F(50,10) (km) Node interfering field strength F(50,10) (dBu) F(50,90) (km) F(50,50) (km) 2-6 1 28 108 132 28 183 18.8 2-6 2 and 3 28 128 158 28 209 18.8 7-13 1 36 101 121 33 182 23.8 7-13 2 and 3 36 123 149 33 208 23.8 14-36 1, 2, and 3 41 103 142 36 246 26.8 ( 1 ) TV station zones are defined in § 73.609 . ( 2 ) DTS reference point. A station's DTS reference point is established in the FCC Order that created or made final modifications to the Table of TV Allotments, § 73.622(j) , and the corresponding facilities for the station's channel assignment as set forth in that FCC Order. ( d ) Determining DTS coverage. The coverage for each DTS transmitter is determined based on the F(50,90) field strength given in the Table of Distances (in paragraph (c) of this section), calculated in accordance with § 73.619(b) . The combined coverage of a DTS station is the logical union of the coverage of all DTS transmitters. ( e ) DTS protection from interference. A DTS station must be protected from interference in accordance with the criteria specified in § 73.620 . To determine compliance with the interference protection requirements of § 73.620 , the population served by a DTS station shall be the population within the station's combined coverage contour, excluding the population in areas that are outside both the TV station's authorized service area and the Table of Distances area (in paragraph (c) of this section). Only population that is predicted to receive service by the method described in § 73.619(c)(2) from at least one individual DTS transmitter will be considered. ( f ) Applications for DTS. An application proposing use of a DTS will not be accepted for filing unless it meets all of the following conditions: ( 1 ) The combined coverage from all of the DTS transmitters covers all of the applicant's authorized service area; ( 2 ) Each DTS transmitter's coverage is contained within either the TV station's Table of Distances area (pursuant to paragraph (c) of this section) or its authorized service area, except where such extension of coverage meets the following criteria: ( i ) In no event shall the F(50,50) service contour of any DTS transmitter extend beyond that of its authorized facility and its Table of Distances F(50,50) area; and ( ii ) In no event shall the F(50,10) node-interfering contour of any DTS transmitter, aside from one located at the site of its authorized facility, extend beyond the F(50,10) reference-interfering contour of its authorized facility and its Table of Distances F(50,10) reference area; and ( iii ) In no event shall the F(50,10) reference-interfering contour of a facility located at the site of its authorized facility extend beyond the F(50,10) reference-interfering contour of its authorized facility; ( 3 ) Each DTS transmitter's coverage is contiguous with at least one other DTS transmitter's coverage; ( 4 ) The coverage from one or more DTS transmitter(s) is shown to provide principal community coverage as required in § 73.618 ; ( 5 ) The “combined field strength” of all the DTS transmitters in a network does not cause interference to another station in excess of the criteria specified in § 73.620 , where the combined field strength level is determined by a “root-sum-square” calculation, in which the combined field strength level at a given location is equal to the square root of the sum of the squared field strengths from each transmitter in the DTS network at that location. ( 6 ) Each DTS transmitter must be located within either the TV station's Table of Distances area or its authorized service area. ( g ) All transmitters operating under a single DTS license must follow the same digital broadcast television transmission standard. [ 73 FR 74063 , Dec. 5, 2008, as amended at 83 FR 5022 , Feb. 2, 2018; 86 FR 21226 , Apr. 22, 2021; 89 FR 7250 , Feb. 1, 2024] § 73.658 Affiliation agreements and network program practices; territorial exclusivity in non-network program arrangements. ( a ) Exclusive affiliation of station. No license shall be granted to a television broadcast station having any contract, arrangement, or understanding, express or implied, with a network organization under which the station is prevented or hindered from, or penalized for, broadcasting the programs of any other network organization. (The term “network organization” as used in this section includes national and regional network organizations. See ch. VII, J, of Report on Chain Broadcasting.) ( b ) Territorial exclusively. No license shall be granted to a television broadcast station having any contract, arrangement, or understanding, express or implied, with a network organization which prevents or hinders another broadcast station located in the same community from broadcasting the network's programs not taken by the former station, or which prevents or hinders another broadcast station located in a different community from broadcasting any program of the network organization. This section shall not be construed to prohibit any contract, arrangement, or understanding between a station and a network organization pursuant to which the station is granted the first call in its community upon the programs of the network organization. As employed in this paragraph, the term “community” is defined as the community specified in the instrument of authorization as the location of the station. ( c ) [Reserved] ( d ) Station commitment of broadcast time. No license shall be granted to a television broadcast station having any contract, arrangement, or understanding, express or implied, with any network organization, which provides for optioning of the station's time to the network organization, or which has the same restraining effect as time optioning. As used in this section, time optioning is any contract, arrangement, or understanding, express or implied, between a station and a network organization which prevents or hinders the station from scheduling programs before the network agrees to utilize the time during which such programs are scheduled, or which requires the station to clear time already scheduled when the network organization seeks to utilize the time. ( e ) Right to reject programs. No license shall be granted to a television broadcast station having any contract, arrangement, or understanding, express or implied, with a network organization which, with respect to programs offered or already contracted for pursuant to an affiliation contract, prevents or hinders the station from: ( 1 ) Rejecting or refusing network programs which the station reasonably believes to be unsatisfactory or unsuitable or contrary to the public interest, or ( 2 ) Substituting a program which, in the station's opinion, is of greater local or national importance. ( f ) [Reserved] ( g ) Dual network operation. A television broadcast station may affiliate with a person or entity that maintains two or more networks of television broadcast stations unless such dual or multiple networks are composed of two or more persons or entities that, on February 8, 1996, were “networks” as defined in § 73.3613(a)(1) of the Commission's regulations (that is, ABC, CBS, Fox, and NBC). ( h ) Control by networks of station rates. No license shall be granted to a television broadcast station having any contract, arrangement, or understanding, express or implied, with a network organization under which the station is prevented or hindered from, or penalized for, fixing or altering its rates for the sale of broadcast time for other than the network's programs. ( i ) No license shall be granted to a television broadcast station which is represented for the sale of non-network time by a network organization or by an organization directly or indirectly controlled by or under common control with a network organization, if the station has any contract, arrangement or understanding, express or implied, which provides for the affiliation of the station with such network organization: Provided, however, That this rule shall not be applicable to stations licensed to a network organization or to a subsidiary of a network organization. ( j ) - ( l ) [Reserved] ( m ) Territorial exclusivity in non-network arrangements. ( 1 ) No television station shall enter into any contract, arrangement, or understanding, expressed or implied; with a non-network program producer, distributor, or supplier, or other person; which prevents or hinders another television station located in a community over 56.3 kilometers (35 miles) away, as determined by the reference points contained in § 76.53 of this chapter , (if reference points for a community are not listed in § 76.53 , the location of the main post office will be used) from broadcasting any program purchased by the former station from such non-network program producer, distributor, supplier, or other person, except that a television station may secure exclusivity against a television station licensed to another designated community in a hyphenated market specified in the market listing as contained in § 76.51 of this chapter for those 100 markets listed, and for markets not listed in § 76.51 of this chapter , the listing as contained in the Nielsen Media Research DMA Rankings for the most recent year at the time that the exclusivity contract, arrangement or understanding is complete under practices of the industry. As used in this paragraph, the term “community” is defined as the community specified in the instrument of authorization as the location of the station. ( 2 ) Notwithstanding paragraph (m)(1) of this section, a television station may enter into a contract, arrangement, or understanding with a producer, supplier, or distributor of a non-network program if that contract, arrangement, or understanding provides that the broadcast station has exclusive national rights such that no other television station in the United States may broadcast the program. Note 1: Contracts, arrangements, or understandings that are complete under the practices of the industry prior to August 7, 1973, will not be disturbed. Extensions or renewals of such agreements are not permitted because they would in effect be new agreements without competitive bidding. However, such agreements that were based on the broadcaster's advancing “seed money” for the production of a specific program or series that specify two time periods—a tryout period and period thereafter for general exhibition—may be extended or renewed as contemplated in the basic agreement. Note 2: It is intended that the top 100 major television markets listed in § 76.51 of this chapter shall be used for the purposes of this rule and that the listing of the top 100 television markets appearing in the ARB Television Market Analysis shall not be used. The reference in this rule to the listing of markets in the ARB Television Market Analysis refers to hyphenated markets below the top-100 markets contained in the ARB Television Market Analysis. If a community is listed in a hyphenated market in § 76.51 and is also listed in one of the markets in the ARB listing, the listing in § 76.51 shall govern. Note 3: The provisions of this paragraph apply only to U.S. commercial television broadcast stations in the 50 states, and not to stations in Puerto Rico or the Virgin Islands, foreign stations or noncommercial educational television or “public” television stations (either by way of restrictions on their exclusivity or on exclusivity against them). Note 4: New stations authorized in any community of a hyphenated market listed in § 76.51 of this chapter or in any community of a hyphenated market listed in the ARB Television Market Analysis (for markets below the top-100 markets) are subject to the same rules as previously existing stations therein. New stations authorized in other communities are considered stations in separate markets unless and until § 76.51 is amended by Commission action, or the ARB listing is changed. (Sec. 5, 48 Stat. 1068 ( 47 U.S.C. 155 )) [ 28 FR 13660 , Dec. 14, 1963] Editorial Note Editorial Note: For Federal Register citations affecting § 73.658 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . §§ 73.659-73.663 [Reserved] § 73.664 Determining operating power. ( a ) Required method. The operating power of each TV transmitter shall normally be determined by the direct method. ( b ) Direct method. The direct method of power determination for a TV transmitter uses the indications of a calibrated transmission line meter located at the RF output terminals of the transmitter. The indications of the calibrated meter are used to observe and maintain the authorized operating power of the transmitter. This meter must be calibrated whenever any component in the metering circuit is repaired or replaced and as often as necessary to ensure operation in accordance with the provisions of § 73.1560 . The following calibration procedures are to be used: ( 1 ) The transmission line meter is calibrated by measuring the average power at the output terminals of the transmitter, including any filters which may be used in normal operation. For this determination the average power output is measured while operating into a dummy load of substantially zero reactance and a resistance equal to the transmission line characteristic impedance. ( 2 ) If electrical devices are used to determine the output power, such devices must permit determination of this power to within an accuracy of ±5% of the power indicated by the full scale reading of the electrical indicating instrument of the device. If temperature and coolant flow indicating devices are used to determine the power output, such devices must permit determination of this power to within an accuracy of ±4% of measured average power output. During this measurement the input voltage and current to the final radio frequency amplifier stage and the transmission line meter are to be read and compared with similar readings taken with the dummy load replaced by the antenna. These readings must be in substantial agreement. ( 3 ) The meter must be calibrated with the transmitter operating at 80%, 100%, and 110% of the authorized power as often as may be necessary to maintain its accuracy and ensure correct transmitter operating power. In cases where the transmitter is incapable of operating at 110% of the authorized power output, the calibration may be made at a power output between 100% and 110% of the authorized power output. However, where this is done, the output meter must be marked at the point of calibration of maximum power output, and the station will be deemed to be in violation of this rule if that power is exceeded. The upper and lower limits of permissible power deviation as determined by the prescribed calibration, must be shown upon the meter either by means of adjustable red markers incorporated in the meter or by red marks placed upon the meter scale or glass face. These markings must be checked and changed, if necessary, each time the meter is calibrated. ( c ) Indirect method. The operating power is determined by the indirect method by applying an appropriate factor to the input power to the final radio-frequency amplifier stage of the transmitter using the following formula: Formula 1 to introductory text of paragraph (c) Transmitter output power = Ep × Ip × F Where: Ep = DC input voltage of the final radio-frequency amplifier stage. Ip = DC input current of the final radio-frequency amplifier stage. F = Efficiency factor. ( 1 ) If the above formula is not appropriate for the design of the transmitter final amplifier, use a formula specified by the transmitter manufacturer with other appropriate operating parameters. ( 2 ) The value of the efficiency factor, F established for the authorized transmitter output power is to be used for maintaining the operating power, even though there may be some variation in F over the power operating range of the transmitter. ( 3 ) The value of F is to be determined and a record kept thereof by one of the following procedures listed in order of preference: ( i ) Using the most recent measurement data for calibration of the transmission line meter according to the procedures described in paragraph (b) of this section or the most recent measurements made by the licensee establishing the value of F. In the case of composite transmitters or those in which the final amplifier stages have been modified pursuant to FCC approval, the licensee must furnish the FCC and also retain with the station records the measurement data used as a basis for determining the value of F. ( ii ) Using measurement data shown on the transmitter manufacturer's test data supplied to the licensee, provided that measurements were made at the authorized channel and transmitter output power. ( iii ) Using the transmitter manufacturer's measurement data. [ 89 FR 7251 , Feb. 1, 2024] § 73.670 Commercial limits in children's programs. ( a ) No commercial television broadcast station licensee shall air more than 10.5 minutes of commercial matter per hour during children's programming on weekends, or more than 12 minutes of commercial matter per hour on weekdays. ( b ) The display of Internet Web site addresses during program material or promotional material not counted as commercial time is permitted only if the Web site: ( 1 ) Offers a substantial amount of bona fide program-related or other noncommercial content; ( 2 ) Is not primarily intended for commercial purposes, including either e-commerce or advertising; ( 3 ) The Web site's home page and other menu pages are clearly labeled to distinguish the noncommercial from the commercial sections; and ( 4 ) The page of the Web site to which viewers are directed by the Web site address is not used for e-commerce, advertising, or other commercial purposes (e.g., contains no links labeled “store” and no links to another page with commercial material). ( c ) If an Internet address for a Web site that does not meet the test in paragraph (b) of this section is displayed during a promotion in a children's program, in addition to counting against the commercial time limits in paragraph (a) of this section the promotion must be clearly separated from program material. ( d ) ( 1 ) Entities subject to commercial time limits under the Children's Television Act shall not display a Web site address during or adjacent to a program if, at that time, on pages that are primarily devoted to free noncommercial content regarding that specific program or a character appearing in that program: ( i ) Products are sold that feature a character appearing in that program; or ( ii ) A character appearing in that program is used to actively sell products. ( 2 ) The requirements of this paragraph do not apply to: ( i ) Third-party sites linked from the companies' Web pages; ( ii ) On-air third-party advertisements with Web site references to third-party Web sites; or ( iii ) Pages that are primarily devoted to multiple characters from multiple programs. Note 1: Commercial matter means air time sold for purposes of selling a product or service and promotions of television programs or video programming services other than children's or other age-appropriate programming appearing on the same channel or promotions for children's educational and informational programming on any channel. Note 2: For purposes of this section, children's programming refers to programs originally produced and broadcast primarily for an audience of children 12 years old and younger. [ 70 FR 36 , Jan. 3, 2005, as amended at 71 FR 64164 , Nov. 1, 2006] § 73.671 Educational and informational programming for children. ( a ) Each commercial and noncommercial educational television broadcast station licensee has an obligation to serve, over the term of its license, the educational and informational needs of children through both the licensee's overall programming and programming specifically designed to serve such needs. ( b ) Any special nonbroadcast efforts which enhance the value of children's educational and informational television programming, and any special effort to produce or support educational and informational television programming by another station in the licensee's marketplace, may also contribute to meeting the licensee's obligation to serve, over the term of its license, the educational and informational needs of children. ( c ) For purposes of this section, educational and informational television programming is any television programming that furthers the educational and informational needs of children 16 years of age and under in any respect, including the child's intellectual/cognitive or social/emotional needs. Programming specifically designed to serve the educational and informational needs of children (“Core Programming”) is educational and informational programming that satisfies the following additional criteria: ( 1 ) It has serving the educational and informational needs of children ages 16 and under as a significant purpose; ( 2 ) It is aired between the hours of 6:00 a.m. and 10:00 p.m.; ( 3 ) It is a regularly scheduled weekly program, except that a licensee may air a limited amount of programming that is not regularly scheduled on a weekly basis, including educational specials and regularly scheduled non-weekly programming, and have that programming count as Core Programming, as described in paragraph (d) of this section; ( 4 ) It is at least 30 minutes in length, except that a licensee may air a limited amount of short-form programming, including public service announcements and interstitials, and have that programming count as Core Programming, as described in paragraph (d) of this section; ( 5 ) For commercial broadcast stations only, the program is identified as specifically designed to educate and inform children by the display on the television screen throughout the program of the symbol E/I; ( 6 ) The target child audience is specified in writing in the licensee's Children's Television Programming Report, as described in § 73.3526(e)(11)(iii) ; and ( 7 ) Instructions for listing the program as educational/informational are provided by the licensee to publishers of program guides, as described in § 73.673 . ( d ) The Commission will apply the processing guideline in this paragraph (d) to digital stations in assessing whether a television broadcast licensee has complied with the Children's Television Act of 1990 (“CTA”) on its digital channel(s). A digital television licensee will be deemed to have satisfied its obligation to air such programming and shall have the CTA portion of its license renewal application approved by the Commission staff if it has aired: At least three hours per week of Core Programming (as defined in paragraph (c) of this section and as averaged over a six-month period), or a total of 156 hours of Core Programming annually, including at least 26 hours per quarter of regularly scheduled weekly programming and up to 52 hours annually of Core Programming of at least 30 minutes in length that is not regularly scheduled weekly programming, such as educational specials and regularly scheduled non-weekly programming. A licensee will also been deemed to have satisfied the obligation in this paragraph (d) and be eligible for such staff approval if it has aired a total of 156 hours of Core Programming annually, including at least 26 hours per quarter of regularly scheduled weekly programming and up to 52 hours of Core Programming that is not regularly scheduled on a weekly basis, such as educational specials and regularly scheduled non-weekly programming, and short-form programs of less than 30 minutes in length, including public service announcements and interstitials. Licensees that multicast are permitted to air up to 13 hours per quarter of regularly scheduled weekly programming on a multicast stream. The remainder of a station's Core Programming must be aired on the station's primary stream. Licensees that do not meet the processing guidelines in this paragraph (d) will be referred to the Commission, where they will have full opportunity to demonstrate compliance with the CTA by relying in part on sponsorship of Core educational/informational programs on other stations in the market that increases the amount of Core educational and informational programming on the station airing the sponsored program and/or on special non-broadcast efforts which enhance the value of children's educational and informational television programming. ( e ) A station that preempts an episode of a regularly scheduled weekly Core Program will be permitted to count the episode toward the processing guidelines set forth in paragraph (d) of this section as follows: ( 1 ) A station that preempts an episode of a regularly scheduled weekly Core Program on its primary stream will be permitted to air the rescheduled episode on its primary stream at any time during Core Programming hours within seven days before or seven days after the date the episode was originally scheduled to air. The broadcast station must make an on-air notification of the schedule change during the same time slot as the preempted episode. If a station intends to air the rescheduled episode within the seven days before the date the episode was originally scheduled to air, the station must make the on-air notification during the same timeslot as the preceding week's episode of that program. If the station intends to air the rescheduled episode within the seven days after the date the preempted episode was originally scheduled to air, the station must make the on-air notification during the timeslot when the preempted episode was originally scheduled to air. The on-air notification must include the alternate date and time when the program will air. ( 2 ) A station that preempts an episode of a regularly scheduled weekly Core Program on a multicast stream will be permitted to air the rescheduled episode on that same multicast stream at any time during Core Programming hours within seven days before or seven days after the date the episode was originally scheduled to air. The broadcast station must make an on-air notification of the schedule change during the same time slot as the preempted episode. If a station intends to air the rescheduled episode within the seven days before the date the episode was originally scheduled to air, the station must make the on-air notification during the same timeslot as the preceding week's episode of that program. If the station intends to air the rescheduled episode within the seven days after the date the preempted episode was originally scheduled to air, the station must make the on-air notification during the timeslot when the preempted episode was originally scheduled to air. The on-air notification must include the alternate date and time when the program will air. ( 3 ) A station that preempts an episode of a regularly scheduled weekly Core Program to air non-regularly scheduled live programming produced locally by the station will not be required to reschedule the episode. Note 1 to § 73.671 : For purposes of determining under this section whether programming has a significant purpose of serving the educational and informational needs of children, the Commission will ordinarily rely on the good faith judgments of the licensee. Commission review of compliance with that element of the definition will be done only as a last resort. [ 56 FR 19616 , Apr. 29, 1991. Redesignated at 56 FR 28825 , June 25, 1991, as amended at 61 FR 43997 , Aug. 27, 1996; 70 FR 37 , Jan. 3, 2005; 71 FR 64165 , Nov. 1, 2006; 83 FR 5544 , Feb. 8, 2018; 84 FR 41934 , 41935 , Aug. 16, 2019] § 73.672 [Reserved] § 73.673 Public information initiatives regarding educational and informational programming for children. Each commercial television broadcast station licensee shall provide information identifying programming specifically designed to educate and inform children to publishers of program guides. [ 70 FR 9877 , Mar. 1, 2005, as amended at 84 FR 41935 , Aug. 16, 2019] § 73.681 Definitions. Antenna electrical beam tilt. The shaping of the radiation pattern in the vertical plane of a transmitting antenna by electrical means so that maximum radiation occurs at an angle below the horizontal plane. Antenna height above average terrain. The average of the antenna heights above the terrain from approximately 3.2 (2 miles) to 16.1 kilometers (10 miles) from the antenna for the eight directions spaced evenly for each 45 degrees of azimuth starting with True North. (In general, a different antenna height will be determined in each direction from the antenna. The average of these various heights is considered the antenna height above the average terrain. Where circular or elliptical polarization is employed, the antenna height above average terrain shall be based upon the height of the radiation center of the antenna which transmits the horizontal component of radiation. Antenna mechanical beam tilt. The intentional installation of a transmitting antenna so that its axis is not vertical, in order to change the normal angle of maximum radiation in the vertical plane. Antenna power gain. The square of the ratio of the root-mean-square free space field strength produced at 1 kilometer in the horizontal plane, in millivolts per meter for one kW antenna input power to 221.4 mV/m. This ratio should be expressed in decibels (dB). (If specified for a particular direction, antenna power gain is based on the field strength in that direction only.) Aspect ratio. The ratio of picture width to picture height as transmitted. Auxiliary facility. An auxiliary facility is an antenna separate a from the main facility's antenna, permanently installed on the same tower or at a different location, from which a station may broadcast for short periods without prior Commission authorization or notice to the Commission while the main facility is not in operation (e.g., where tower work necessitates turning off the main antenna or where lightning has caused damage to the main antenna or transmission system) ( See § 73.1675 ). Effective radiated power. The product of the antenna input power and the antenna power gain. This product should be expressed in kW and in dB above 1 kW (dBk). (If specified for a particular direction, effective radiated power is based on the antenna power gain in that direction only. The licensed effective radiated power is based on the maximum antenna power gain. When a station is authorized to use a directional antenna or an antenna beam tilt, the direction of the maximum effective radiated power will be specified.) Where circular or elliptical polarization is employed, the term effective radiated power is applied separately to the horizontally and vertically polarized components of radiation. For assignment purposes, only the effective radiated power authorized for the horizontally polarized component will be considered. Equivalent isotropically radiated power (EIRP). The term “equivalent isotropically radiated power” (also known as “effective radiated power above isotropic”) means the product of the antenna input power and the antenna gain in a given direction relative to an isotropic antenna. Free space field strength. The field strength that would exist at a point in the absence of waves reflected from the earth or other reflecting objects. Interlaced scanning. A scanning process in which successively scanned lines are spaced an integral number of line widths, and in which the adjacent lines are scanned during successive cycles of the field frequency. Polarization. The direction of the electric field as radiated from the transmitting antenna. Standard television signal. A signal which conforms to the television transmission standards. Synchronization. The maintenance of one operation in step with another. Television broadcast band. The frequencies in the band extending from 54 to 608 megahertz which are assignable to television broadcast stations. These frequencies are 54 to 72 megahertz (channels 2 through 4), 76 to 88 megahertz (channels 5 and 6), 174 to 216 megahertz (channels 7 through 13), and 470 to 608 megahertz (channels 14 through 36). Television broadcast station. A station in the television broadcast band transmitting simultaneous visual and aural signals intended to be received by the general public. Television channel. A band of frequencies 6 MHz wide in the television broadcast band and designated either by number or by the extreme lower and upper frequencies. Television transmission standards. The standards which determine the characteristics of a television signal as radiated by a television broadcast station. Television transmitter. The radio transmitter or transmitters for the transmission of both visual and aural signals. Vestigial sideband transmission. A system of transmission wherein one of the generated sidebands is partially attenuated at the transmitter and radiated only in part. [ 89 FR 7252 , Feb. 1, 2024] § 73.682 TV transmission standards. ( a ) - ( c ) [Reserved] ( d ) Broadcast television transmission standards. ( 1 ) Transmission of broadcast television signals shall comply with the standards (incorporated by reference, see § 73.8000 ) for such transmissions set forth in: ( i ) ATSC A/52; ( ii ) ATSC A/53, Parts 1-4 and 6: 2007 and ATSC A/53 Part 5:2010; and ( iii ) ATSC A/65C. ( 2 ) Although not incorporated by reference, licensees may also consult: ( i ) ATSC A/54A: “Recommended Practice: Guide to Use of the ATSC Digital Television Standard, including Corrigendum No. 1,” (December 4, 2003, Corrigendum No. 1 dated December 20, 2006, and ( ii ) ATSC A/69: “Recommended Practice PSIP Implementation Guidelines for Broadcasters,” (June 25, 2002). ( 3 ) For availability of this material, contact ATSC (see § 73.8000 for contact information). ( e ) Transmission of commercial advertisements by television broadcast station. ( 1 ) Mandatory compliance with ATSC A/85 RP. Effective December 13, 2012, television broadcast stations must comply with the ATSC A/85 RP incorporated by reference, see § 73.8000 ), insofar as it concerns the transmission of commercial advertisements. ( 2 ) Commercials inserted by station. A television broadcast station that installs, utilizes, and maintains in a commercially reasonable manner the equipment and associated software to comply with ATSC A/85 RP shall be deemed in compliance with respect to locally inserted commercials, which for the purposes of this provision are commercial advertisements added to a programming stream by a station prior to or at the time of transmission to viewers. In order to be considered to have installed, utilized and maintained the equipment and associated software in a commercially reasonable manner, a television broadcast station must: ( i ) Install, maintain and utilize equipment to properly measure the loudness of the content and to ensure that the dialnorm metadata value correctly matches the loudness of the content when encoding the audio into AC-3 for transmitting the content to the consumer; ( ii ) Provide records showing the consistent and ongoing use of this equipment in the regular course of business and demonstrating that the equipment has undergone commercially reasonable periodic maintenance and testing to ensure its continued proper operation; ( iii ) Certify that it either has no actual knowledge of a violation of the ATSC A/85 RP, or that any violation of which it has become aware has been corrected promptly upon becoming aware of such a violation; and ( iv ) Certify that its own transmission equipment is not at fault for any pattern or trend of complaints. ( 3 ) Embedded commercials—safe harbor. With respect to embedded commercials, which, for the purposes of this provision, are those commercial advertisements placed into the programming stream by a third party ( i.e. , programmer) and passed through by the station to viewers, a television broadcast station must certify that its own transmission equipment is not at fault for any pattern or trend of complaints, and may demonstrate compliance with the ATSC A/85 RP through one of the following methods: ( i ) Relying on a network's or other programmer's certification of compliance with the ATSC A/85 RP with respect to commercial programming, provided that: ( A ) The certification is widely available by Web site or other means to any television broadcast station, cable operator, or multichannel video programming distributor that transmits that programming; and ( B ) The television broadcast station has no reason to believe that the certification is false; and ( C ) The television broadcast station performs a spot check, as defined in § 73.682(e)(3)(iv)(A) , (B) , (D) , and (E) , on programming in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials contained in that programming. ( ii ) If transmitting any programming that is not certified as described in § 73.682(e)(3)(i) , a television broadcast station that had more than $14,000,000 in annual receipts for the calendar year 2011 must perform annual spot checks, as defined in § 73.682(e)(3)(iv)(A) , (B) , (C) , and (E) , of all the non-certified commercial programming it receives from a network or other programmer and perform a spot check, as defined in § 73.682(e)(3)(iv)(A) , (B) , (D) , and (E) , on programming in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials contained in that programming; ( iii ) A television broadcast station that had $14,000,000 or less in annual receipts for the year 2011 need not perform annual spot checks but must perform a spot check, as defined in § 73.682(e)(3)(iv)(A) , (B) , (D) , and (E) , on programming in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials contained in that programming. ( iv ) For purposes of this section, a “spot check” of embedded commercials requires monitoring 24 uninterrupted hours of programming with an audio loudness meter employing the measurement technique specified in the ATSC A/85 RP, and reviewing the records from that monitoring to detect any commercials transmitted in violation of the ATSC A/85 RP. The television broadcast station must not inform the network or programmer of the spot check prior to performing it. ( A ) Spot-checking must be conducted after the signal has passed through the television broadcast station's processing equipment (e.g., at the output of a television receiver). If a problem is found, the television broadcast station must determine the source of the noncompliance. ( B ) To be considered valid, the television broadcast station must demonstrate appropriate maintenance records for the audio loudness meter. ( C ) With reference to the annual “safe harbor” spot check in § 73.682(e)(3)(ii) : ( 1 ) To be considered valid, the television broadcast station must demonstrate, at the time of any enforcement inquiry, that appropriate spot checks had been ongoing. ( 2 ) If there is no single 24 hour period in which all programmers of a given program stream are represented, an annual spot check may consist of a series of loudness measurements over the course of a 7 day period, totaling no fewer than 24 hours, that measure at least one program, in its entirety, provided by each non-certified programmer that supplies programming for that program stream. ( 3 ) If annual spot checks are performed for two consecutive years without finding evidence of noncompliance with the ATSC A/85 RP, no further annual spot checks are required to remain in the safe harbor for existing programming. ( 4 ) Non-certified program streams must be spot-checked annually using the approach described in this section. If annual spot checks of the program stream are performed for two consecutive years without finding evidence of noncompliance with the ATSC A/85 RP, no further annual spot checks are required to remain in the safe harbor for that program stream. ( 5 ) Even after the two year period for annual spot checks, if a spot check shows noncompliance on a non-certified program stream, the station must once again perform annual spot checks of that program stream to be in the safe harbor for that programming. If these renewed annual spot checks are performed for two consecutive years without finding additional evidence of noncompliance with the ATSC A/85 RP, no further annual spot checks are required to remain in the safe harbor for that program stream. ( D ) With reference to the spot checks in response to an enforcement inquiry pursuant to § 73.682(e)(3)(i)(C) , (2) , or ( 3 ) : ( 1 ) If notified of a pattern or trend of complaints, the television broadcast station must perform the 24-hour spot check of the program stream at issue within 30 days or as otherwise specified by the Enforcement Bureau; and ( 2 ) If the spot check reveals actual compliance, the television broadcast station must notify the Commission in its response to the enforcement inquiry. ( E ) If any spot check shows noncompliance with the ATSC A/85 RP, the television station must notify the Commission and the network or programmer within 7 days, direct the programmer's attention to any relevant complaints, and must perform a follow-up spot check within 30 days of providing such notice. The station must notify the Commission and the network or programmer of the results of the follow-up spot check. Notice to the Federal Communications Commission must be provided to the Chief, Investigations and Hearings Division, Enforcement Bureau, or as otherwise directed in a Letter of Inquiry to which the station is responding. ( 1 ) If the follow-up spot check shows compliance with the ATSC A/85 RP, the station remains in the safe harbor for that program stream. ( 2 ) If the follow-up spot check shows noncompliance with the ATSC A/85 RP, the station will not be in the safe harbor with respect to commercials contained in the program stream for which the spot check showed noncompliance until a subsequent spot check shows that the program stream is in compliance. ( 4 ) Use of a real-time processor. A television broadcast station that installs, maintains and utilizes a real-time processor in a commercially reasonable manner will be deemed in compliance with the ATSC A/85 RP with regard to any commercial advertisements on which it uses such a processor, so long as it also: ( i ) Provides records showing the consistent and ongoing use of this equipment in the regular course of business and demonstrating that the equipment has undergone commercially reasonable periodic maintenance and testing to ensure its continued proper operation; ( ii ) Certifies that it either has no actual knowledge of a violation of the ATSC A/85 RP, or that any violation of which it has become aware has been corrected promptly upon becoming aware of such a violation; and ( iii ) Certifies that its own transmission equipment is not at fault for any pattern or trend of complaints. ( 5 ) Commercials locally inserted by a station's agent—safe harbor. With respect to commercials locally inserted, which for the purposes of this provision are commercial advertisements added to a programming stream for the television broadcast station by a third party after it has been received from the programmer but prior to or at the time of transmission to viewers, a station may demonstrate compliance with the ATSC A/85 RP by relying on the third party local inserter's certification of compliance with the ATSC A/85 RP, provided that: ( i ) The television broadcast station has no reason to believe that the certification is false; ( ii ) The television broadcast station certifies that its own transmission equipment is not at fault for any pattern or trend of complaints; and ( iii ) The television broadcast station performs a spot check, as defined in § 73.682(e)(3)(iv)(A) , (B) , (D) , and (E) , on the programming at issue in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials inserted by that third party. ( 6 ) Instead of demonstrating compliance pursuant to paragraphs (e)(2) through (5) of this section, a station may demonstrate compliance with paragraph (e)(1) of this section in response to an enforcement inquiry prompted by a pattern or trend of complaints by demonstrating actual compliance with ATSC A/85 RP with regard to the commercial advertisements that are the subject of the inquiry, and certifying that its own transmission equipment is not at fault for any such pattern or trend of complaints. ( 7 ) For additional information regarding this requirement, see Implementation of the Commercial Advertisement Loudness Mitigation (CALM) Act, FCC 11-182. ( f ) Next Gen TV broadcast television transmission standard authorized. ( 1 ) As an alternative to broadcasting only an ATSC 1.0 signal using the DTV transmission standard set forth in paragraph (d) of this section, DTV licensees or permittees may choose to broadcast an ATSC 3.0 signal using the Next Gen TV transmission standard set forth in this paragraph (f) , provided it also broadcasts a simulcast signal in ATSC 1.0 (using the DTV transmission standard in § 73.682(d) ). ( 2 ) ( i ) Effective March 5, 2018, transmission of Next Gen TV broadcast television (ATSC 3.0) signals shall comply with the standards for such transmissions set forth in ATSC A/321:2016, “System Discovery and Signaling” (March 23, 2016) (incorporated by reference, see § 73.8000 ). To the extent that virtual channels (specified in the DTV transmission standard referenced in ATSC A/65C:2006 in paragraph (d) of this section) are used in the transmission of Next Gen TV broadcasting, major channel numbers shall be assigned as required by ATSC A/65C:2006 Annex B (incorporated by reference, see § 73.8000 ). ( ii ) In addition, such signals shall also comply with the standards set forth in ATSC A/322:2017 “Physical Layer Protocol” (June 6, 2017) (incorporated by reference, see § 73.8000 ) with respect to the transmission of at least one free over the air primary video programming stream. ( iii ) Paragraph (f)(2)(ii) of this section will sunset on July 17, 2027. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13660 , Dec. 14, 1963] Editorial Note Editorial Note: For Federal Register citations affecting § 73.682 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.683 Presumptive determination of field strength at individual locations. ( a ) See § 73.619(c) . For purposes of the cross-reference from § 90.307(b) , the Grade B contour is defined as the F(50,50) contour at 64 dBu. ( b ) - ( c ) [Reserved] ( d ) For purposes of determining the eligibility of individual households for satellite retransmission of distant network signals under the copyright law provisions of 17 U.S.C. 119(d)(10)(A) , field strength shall be determined by the Individual Location Longley-Rice (ILLR) propagation prediction model. Such eligibility determinations shall consider only the signals of network stations located in the subscriber's Designated Market Area. Guidance for use of the ILLR model in predicting the field strength of television signals for such determinations is provided in OET Bulletin No. 73. For availability of OET Bulletin No. 73, contact FCC (see § 73.8000 for contact information). ( e ) If a location was predicted to be unserved by a local network station using a version of the ILLR model specified in OET Bulletin No. 72 or OET Bulletin No. 73, as appropriate, and the satellite subscriber at that location is receiving a distant signal affiliated with the same network from its satellite provider, the satellite subscriber shall remain eligible for receiving the distant signal from its satellite provider if that location is subsequently predicted to be served by the local station due to either a change in the ILLR model or a change in the station's operations that change its coverage. ( f ) A satellite carrier is exempt from the verification requirements of 47 U.S.C. 339(c)(4)(A) with respect to a test requested by a satellite subscriber to whom the retransmission of the signals of local broadcast stations is available under 47 U.S.C. 338 from such carrier. The definitions of satellite carrier, subscriber, and local market contained in 47 CFR 76.66(a) apply to this paragraph (f) . [ 44 FR 36039 , June 20, 1979, as amended at 47 FR 35990 , Aug. 18, 1982; 50 FR 23699 , June 5, 1985; 50 FR 32416 , Aug. 12, 1985; 65 FR 36641 , June 9, 2000; 70 FR 21670 , Apr. 27, 2005; 75 FR 80363 , Dec. 22, 2010; 85 FR 64408 , Oct. 13, 2020; 88 FR 21446 , Apr. 10, 2023; 89 FR 7252 , Feb. 1, 2024] § 73.686 Field strength measurements. ( a ) Except as provided for in § 73.612 , television broadcast stations shall not be protected from any type of interference or propagation effect. Persons desiring to submit testimony, evidence or data to the Commission for the purpose of showing that the technical standards contained in this subpart do not properly reflect the levels of any given type of interference or propagation effect may do so only in appropriate rulemaking proceedings concerning the amendment of such technical standards. Persons making field strength measurements for formal submission to the Commission in rulemaking proceedings, or making such measurements upon the request of the Commission, shall follow the procedure for making and reporting such measurements outlined in paragraph (b) of this section. In instances where a showing of the measured level of a signal prevailing over a specific community is appropriate, the procedure for making and reporting field strength measurements for this purpose is set forth in paragraph (c) of this section. ( b ) Collection of field strength data for propagation analysis — ( 1 ) Preparation for measurements. ( i ) On large scale topographic maps, eight or more radials are drawn from the transmitter location to the maximum distance at which measurements are to be made, with the angles included between adjacent radials of approximately equal size. Radials should be oriented so as to traverse representative types of terrain. The specific number of radials and their orientation should be such as to accomplish this objective. ( ii ) At a point exactly 16.1 kilometers (10 miles) from the transmitter, each radial is marked, and at greater distances at successive 3.2 kilometer (2 mile) intervals. Where measurements are to be conducted at UHF, or over extremely rugged terrain, shorter intervals may be employed, but all such intervals shall be of equal length. Accessible roads intersecting each radial as nearly as possible at each 3.2 kilometer (2 mile) marker are selected. These intersections are the points on the radial at which measurements are to be made, and are referred to subsequently as measuring locations. The elevation of each measuring location should approach the elevation at the corresponding 3.2 kilometer (2 mile) marker as nearly as possible. ( 2 ) Measurement procedure. The field strength of the visual carrier shall be measured with a voltmeter capable of indicating accurately the peak amplitude of the synchronizing signal. All measurements shall be made utilizing a receiving antenna designed for reception of the horizontally polarized signal component, elevated 9.1 meters (30 feet) above the roadbed. At each measuring location, the following procedure shall be employed. ( i ) The instrument calibration is checked. ( ii ) The antenna is elevated to a height of 30 feet. ( iii ) The receiving antenna is rotated to determine if the strongest signal is arriving from the direction of the transmitter. ( iv ) The antenna is oriented so that the sector of its response pattern over which maximum gain is realized is in the direction of the transmitter. ( v ) A mobile run of at least 30.5 meters (100 feet) is made, which is centered on the intersection of the radial and the road, and the measured field strength is continuously recorded on a chart recorder over the length of the run. ( vi ) The actual measuring location is marked exactly on the topographic map, and a written record, keyed to the specific location, is made of all factors which may affect the recorded field, such as topography, height and types of vegetation, buildings, obstacles, weather, and other local features. ( vii ) If, during the test conducted as described in paragraph (b)(2)(iii) of this section, the strongest signal is found to come from a direction other than from the transmitter, after the mobile run prescribed in paragraph (b)(2)(v) of this section is concluded, additional measurements shall be made in a “cluster” of at least five fixed points. At each such point, the field strengths with the antenna oriented toward the transmitter, and with the antenna oriented so as to receive the strongest field, are measured and recorded. Generally, all points should be within 61.0 meters (200 feet) of the center point of the mobile run. ( viii ) If overhead obstacles preclude a mobile run of at leat 30.5 meters (100 feet), a “cluster” of five spot measurements may be made in lieu of this run. The first measurement in the cluster is identified. Generally, the locations for other measurements shall be within 61.0 meters (200 feet) of the location of the first. ( 3 ) Method of reporting measurements. A report of measurements to the Commission shall be submitted in affidavit form, in triplicate, and should contain the following information: ( i ) Tables of field strength measurements, which, for each measuring location, set forth the following data: ( A ) Distance from the transmitting antenna. ( B ) Ground elevation at measuring location. ( C ) Date, time of day, and weather. ( D ) Median field in dBu for 0 dBk, for mobile run or for cluster, as well as maximum and minimum measured field strengths. ( E ) Notes describing each measuring location. ( ii ) U.S. Geological Survey topographic maps, on which is shown the exact location at which each measurement was made. The original plots shall be made on maps of the largest available scale. Copies may be reduced in size for convenient submission to the Commission, but not to the extent that important detail is lost. The original maps shall be made available, if requested. If a large number of maps is involved, an index map should be submitted. ( iii ) All information necessary to determine the pertinent characteristics of the transmitting installation, including frequency, geographical coordinates of antenna site, rated and actual power output of transmitter, measured transmission line loss, antenna power gain, height of antenna above ground, above mean sea level, and above average terrain. The effective radiated power should be computed, and horizontal and vertical plane patterns of the transmitting antenna should be submitted. ( iv ) A list of calibrated equipment used in the field strength survey, which, for each instrument, specifies its manufacturer, type, serial number and rated accuracy, and the date of its most recent calibration by the manufacturer, or by a laboratory. Complete details of any instrument not of standard manufacture shall be submitted. ( v ) A detailed description of the calibration of the measuring equipment, including field strength meters, measuring antenna, and connecting cable. ( vi ) Terrain profiles in each direction in which measurements were made, drawn on curved earth paper for equivalent 4/3 earth radius, of the largest available scale. ( c ) Collection of field strength data to determine television service in specific communities — ( 1 ) Preparation for measurement. ( i ) The population (P) of the community, and its suburbs, if any, is determined by reference to the most recent official decennial U.S. Census population data as identified by the Media Bureau in a Public Notice. (See § 73.620(b) ). ( ii ) The number of locations at which measurements are to be made shall be at least 15, and shall be approximately equal to 0.1 (P) 1 ⁄ 2 , if this product is a number greater than 15. ( iii ) A rectangular grid, of such size and shape as to encompass the boundaries of the community is drawn on an accurate map of the community. The number of line intersections on the grid included within the boundaries of the community shall be at least equal to the required number of measuring locations. The position of each intersection on the community map determines the location at which a measurement shall be made. ( 2 ) Measurement procedure. The field strength of the visual carrier shall be measured, with a voltmeter capable of indicating accurately the peak amplitude of the synchronizing signal. All measurements shall be made utilizing a receiving antenna designed for reception of the horizontally polarized signal component, elevated 9.1 meter (30 feet) above street level. ( i ) Each measuring location shall be chosen as close as feasible to a point indicated on the map, as previously prepared, and at as nearly the same elevation as that point as possible. ( ii ) At each measuring location, after equipment calibration and elevation of the antenna, a check is made to determine whether the strongest signal arrives from a direction other than from the transmitter. ( iii ) At 20 percent or more of the measuring locations, mobile runs, as described in paragraph (b)(2) of this section shall be made, with no less than three such mobile runs in any case. The points at which mobile measurements are made shall be well separated. Spot measurements may be made at other measuring points. ( iv ) Each actual measuring location is marked exactly on the map of the community, and suitably keyed. A written record shall be maintained, describing, for each location, factors which may affect the recorded field, such as the approximate time of measurement, weather, topography, overhead wiring, heights and types of vegetation, buildings and other structures. The orientation, with respect to the measuring location shall be indicated of objects of such shape and size as to be capable of causing shadows or reflections. If the strongest signal received was found to arrive from a direction other than that of the transmitter, this fact shall be recorded. ( 3 ) Method of reporting measurements. A report of measurements to the Commission shall be submitted in affidavit form, in triplicate, and should contain the following information: ( i ) A map of the community showing each actual measuring location, specifically identifying the points at which mobile runs were made. ( ii ) A table keyed to the above map, showing the field strength at each measuring point, reduced to dBu for the actual effective radiated power of the station. Weather, date, and time of each measurement shall be indicated. ( iii ) Notes describing each measuring location. ( iv ) A topographic map of the largest available scale on which are marked the community and the transmitter site of the station whose signals have been measured, which includes all areas on or near the direct path of signal propagation. ( v ) Computations of the mean and standard deviation of all measured field strengths, or a graph on which the distribution of measured field strength values is plotted. ( vi ) A list of calibrated equipment used for the measurements, which for each instrument, specifies its manufacturer, type, serial number and rated accuracy, and the date of its most recent calibration by the manufacturer, or by a laboratory. Complete details of any instrument not of standard manufacture shall be submitted. ( vii ) A detailed description of the procedure employed in the calibration of the measuring equipment, including field strength meters measuring antenna, and connecting cable. ( d ) [Reserved] ( e ) Collection of field strength data to determine television signal intensity at an individual location—cluster measurements — ( 1 ) Preparation for measurements — ( i ) Testing antenna. The test antenna shall be either a standard half-wave dipole tuned to the center frequency of the channel being tested or a gain antenna provided its antenna factor for the channel(s) under test has been determined. Use the antenna factor supplied by the antenna manufacturer as determined on an antenna range. ( ii ) Testing locations —At the test site, choose a minimum of five locations as close as possible to the specific site where the site's receiving antenna is located. If there is no receiving antenna at the site, choose a minimum of five locations as close as possible to a reasonable and likely spot for the antenna. The locations shall be at least three meters apart, enough so that the testing is practical. If possible, the first testing point should be chosen as the center point of a square whose corners are the four other locations. Calculate the median of the five measurements (in units of dBµ) and report it as the measurement. ( iii ) Multiple signals — ( A ) If more than one signal is being measured ( i.e., signals from different transmitters), use the same locations to measure each signal. ( B ) For establishing eligibility of a satellite subscriber to receive distant network signals, only stations affiliated with the network in question that are located in the same Nielsen Designated Market Area (DMA) as the test site may be considered and tested. ( 2 ) Measurement procedure. Measurements shall be made in accordance with good engineering practice and in accordance with this section of this chapter. At each measuring location, the following procedure shall be employed: ( i ) Testing equipment. Perform an on-site calibration of the test instrument in accordance with the manufacturer's specifications. Tune a calibrated instrument to the center of the channel being tested. Measure the integrated average power over the full 6 megahertz bandwidth of the television signal. The intermediate frequency of the instrument should be set to 100 kilohertz unless the instrument is specifically designed by the manufacturer to use an alternative i.f. setting. The instrument must be capable of integrating over the selected i.f. for the 6 megahertz channel bandwidth. Take all measurements with a horizontally polarized antenna. Use a shielded transmission line between the testing antenna and the field strength meter. Match the antenna impedance to the transmission line at all frequencies measured, and, if using an un-balanced line, employ a suitable balance. Take account of the transmission line loss for each frequency being measured. ( ii ) Weather. Do not take measurements during periods of inclement weather, including, but not limited to, periods of heavy rainfall, snowfall accumulation, high windspeed, or any combination thereof. ( iii ) Antenna elevation. When field strength is being measured for a one-story building, elevate the testing antenna to 6.1 meters (20 feet) above the ground. In situations where the field strength is being measured for a building taller than one-story, elevate the testing antenna 9.1 meters (30 feet) above the ground. ( iv ) Antenna orientation. Orient the testing antenna in the direction which maximizes the value of field strength for the signal being measured. If more than one station's signal is being measured, orient the testing antenna separately for each station. ( 3 ) Written record shall be made and shall include at least the following: ( i ) A list of calibrated equipment used in the field strength survey, which for each instrument specifies the manufacturer, type, serial number and rated accuracy, and the date of the most recent calibration by the manufacturer or by a laboratory. Include complete details of any instrument not of standard manufacture. ( ii ) A detailed description of the calibration of the measuring equipment, including field strength meters, measuring antenna, and connecting cable. ( iii ) For each spot at the measuring site, all factors which may affect the recorded field, such as topography, height and types of vegetation, buildings, obstacles, weather, and other local features. ( iv ) A description of where the cluster measurements were made. ( v ) Time and date of the measurements and signature of the person making the measurements. ( vi ) For each channel being measured, a list of the measured value of field strength (in units of dBµ after adjustment for line loss and antenna factor) of the five readings made during the cluster measurement process, with the median value highlighted. [ 40 FR 27683 , July 1, 1975, as amended at 50 FR 23701 , June 5, 1985; 64 FR 7127 , Feb. 12, 1999; 64 FR 73433 , Dec. 30, 1999; 75 FR 81498 , Dec. 28, 2010; 89 FR 7253 , Feb. 1, 2024] § 73.687 Transmission system requirements. ( a ) - ( b ) [Reserved] ( c ) Requirements applicable to transmitters are as follows: ( 1 ) [Reserved] ( 2 ) The transmitters shall be equipped with suitable indicating instruments for the determination of operating power and with other instruments necessary for proper adjustment, operation, and maintenance of the equipment. ( 3 ) Adequate provision shall be made for varying the output power of the transmitters to compensate for excessive variations in line voltage or for other factors affecting the output power. ( 4 ) Adequate provisions shall be provided in all component parts to avoid overheating at the rated maximum output powers. ( d ) The construction, installation, and operation of broadcast equipment is expected to conform with all applicable local, state, and federally imposed safety regulations and standards, enforcement of which is the responsibility of the issuing regulatory agency. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13660 , Dec. 14, 1963] Editorial Note Editorial Note: For Federal Register citations affecting § 73.687 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.688 Indicating instruments. ( a ) Each TV broadcast station shall be equipped with indicating instruments which conform with the specifications described in § 73.1215 for measuring the operating parameters of the last radio stage of the transmitter, and with such other instruments as are necessary for the proper adjustment, operation, and maintenance of the transmitting system. ( b ) The function of each instrument shall be clearly and permanently shown on the instrument itself or on the panel immediately adjacent thereto. ( c ) In the event that any one of these indicating instruments becomes defective, when no substitute which conforms with the required specifications is available, the station may be operated without the defective instrument pending its repair or replacement for a period not in excess of 60 days without further authority of the FCC, provided that: ( 1 ) If the defective instrument is the transmission line meter used for determining the output power by the direct method, the operating power shall be determined or maintained by the indirect method whenever possible or by using the operating parameters of the last radio stage of the transmitter during the time the station is operated without the transmission line meter. ( 2 ) If conditions beyond the control of the licensee prevent the restoration of the meter to service within the above allowed period, informal request in accordance with § 73.3549 may be filed for such additional time as may be required to complete repairs of the defective instrument. [ 41 FR 36818 , Sept. 1, 1976, as amended at 48 FR 38480 , Aug. 24, 1983; 49 FR 50048 , Dec. 26, 1984; 50 FR 26568 , June 27, 1985; 80 FR 53750 , Sept. 8, 2015; 89 FR 7253 , Feb. 1, 2024 ] § 73.699 TV engineering charts. This section consists of the following Figures: 1-5, 5a, 6-10, 10a-10e, 11-12, 13-16. Note: The charts as reproduced herein, due to their small scale, are not to be used in connection with material submitted to the FCC. Figures 3—8 [Reserved] Figures 11—15 [Reserved] [ 28 FR 13660 , Dec. 14, 1963, as amended at 36 FR 17429 , Aug. 31, 1971; 39 FR 40957 , Nov. 22, 1974; 40 FR 27684 , July 1, 1975; 41 FR 56326 , Dec. 28, 1976; 44 FR 36040 , June 20, 1979; 47 FR 3790 , Jan. 27, 1982; 47 FR 35990 , Aug. 18, 1982; 50 FR 13972 , Apr. 9, 1985; 50 FR 23701 , June 5, 1985; 50 FR 32205 , Aug. 9, 1985; 52 FR 11656 , Apr. 10, 1987; 54 FR 9807 , Mar. 8, 1989; 58 FR 29983 , May 25, 1993; 86 FR 66210 , Nov. 22, 2021; 89 FR 7253 ] Effective Date Note Effective Date Note: At 42 FR 25736 , May 19, 1977, the effective date of § 73.699 Figure 10e was stayed indefinitely. Subpart F—International Broadcast Stations § 73.701 Definitions. The following definitions apply to terminology employed in this subpart: ( a ) International broadcast stations. A broadcasting station employing frequencies allocated to the broadcasting service between 5900 and 26100 kHz, the transmissions of which are intended to be received directly by the general public in foreign countries. (A station may be authorized more than one transmitter.) There are both Federal and non-Federal Government international broadcast stations; only the latter are licensed by the Commission and are subject to the rules of this subpart. ( b ) Transmitter-hour. One frequency used on one transmitter for one hour. ( c ) Frequency-hour. One frequency used for one hour regardless of the number of transmitters over which it is simultaneously broadcast by a station during that hour. ( d ) Multiple operation. Broadcasting by a station on one frequency over two or more transmitters simultaneously. If a station uses the same frequency simultaneously on each of two (three, etc.) transmitters for an hour, it uses one frequency-hour and two (three, etc.) transmitter-hours. ( e ) Coordinated Universal Time (UTC). Time scale, based on the second (SI), as defined in Recommendation ITU-R TF.460-6. For most practical purposes associated with the ITU Radio Regulations, UTC is equivalent to mean solar time at the prime meridian (0° longitude), formerly expressed in GMT. (RR) ( f ) Sunspot number. The 12-month running average of the number of sunspots for any month as indicated in the U.S. Department of Commerce Telecommunications Research and Engineering Report No. 13—available from the Superintendent of Documents, Washington, DC 20402. The sunspot number varies in an approximate 11-year cycle. ( g ) Day. Any twenty-four hour period beginning 0100 UTC and ending 0100 UTC. ( h ) Schedule A. That portion of any year commencing at 0100 UTC on the last Sunday in March and ending at 0100 UTC on the last Sunday in October. ( i ) Schedule B. That portion of any year commencing at 0100 UTC on the last Sunday in October and ending at 0100 UTC on the last Sunday in March. ( j ) [Reserved] ( k ) Seasonal schedule. An assignment, for a season, of a frequency or frequencies, and other technical parameters, to be used by a station for transmission to particular zones or areas of reception during specified hours. ( l ) Reference month. That month of a season which is used for determining predicted propagation characteristics for the season. The reference month for Schedule A is July and the reference month for Schedule B is December. ( m ) Maximum usable frequency ( MUF ). The highest frequency which is returned by ionospheric radio propagation to the surface of the earth for a particular path and time of day for 50 percent of the days of the reference month. ( n ) Optimum working frequency ( FOT ). The highest frequency which is returned by ionospheric radio propagation to the surface of the earth for a particular path and time of day for 90 percent of the days of the reference month. Note: The international abbreviation for optimum working frequency, FOT, is formed with the initial letters of the French words for “optimum working frequency” which are “frequence optimum de travail.” ( o ) Zone of reception. Any geographic zone indicated in § 73.703 in which the reception of particular programs is specifically intended and in which broadcast coverage is contemplated. ( p ) Area of reception. Any geographic area smaller than a zone of reception in which the reception of particular programs is specifically intended and in which broadcast coverage is contemplated, such areas being indicated by countries or parts of countries. ( q ) Delivered median field strength, or field strength. The field strength incident upon the zone or area of reception expressed in microvolts per meter, or decibels above one microvolt per meter, which is exceeded by the hourly median value for 50 percent of the days of the reference month. ( r ) Carrier power. The average power supplied to the antenna transmission line by a transmitter during one radio frequency cycle under conditions of no modulation. [ 38 FR 18892 , July 16, 1973, as amended at 68 FR 25538 , May 13, 2003; 70 FR 46676 , Aug. 10, 2005] § 73.702 Assignment and use of frequencies. ( a ) Frequencies will be assigned by the Commission prior to the start of each season to authorized international broadcasting stations for use during the season at specified hours and for transmission to specified zones or areas of reception, with specified power and antenna bearing. Six months prior to the start of each season, licensees and permittees shall by informal written request, submitted to the Commission electronically in the International Communications Filing System (ICFS), indicate for the season the frequency or frequencies desired for transmission to each zone or area of reception specified in the license or permit, the specific hours during which it desires to transmit to such zones or areas on each frequency, and the power, antenna gain, and antenna bearing it desires to use. Requests will be honored to the extent that interference and propagation conditions permit and that they are otherwise in accordance with the provisions of this section. ( b ) After necessary processing of the requests required by paragraph (a) of this section, the Commission will notify each licensee and permittee of the frequencies, hours of use thereof to specified zones or areas of reception, power, and antenna bearing which it intends to authorize for the season in question. After receipt of such notification, the licensee or permittee shall, in writing, not later than two months before the start of the season in question, electronically inform the Commission in ICFS either that it plans to operate in accordance with the authorization which the Commission intends to issue, or that it plans to operate in another manner. If the licensee or permittee indicates that it plans to operate in another manner, it shall furnish explanatory details. ( c ) If after submitting the request required under the provisions of paragraph (a) of this section, but before receipt of the Commission's notification referred to in paragraph (b) of this section, the licensee or permittee submits a request for changes of its original request electronically in ICFS such requests will be accepted for consideration only if accompanied by statements showing good cause therefor and will be honored only if conditions permit. If the information required to be submitted by the licensee or permittee under the provisions of paragraph (b) of this section indicates that operation in another manner is contemplated, and the explanatory details contain a request for change in the originally proposed manner of operation, such requests will be accepted for consideration only if accompanied by statements showing good cause therefor and will be honored only if conditions permit. If after the licensee or permittee submits the information required under the provisions of paragraph (b) of this section, but before the start of the season in question, the licensee or permittee submits electronically in ICFS a request for changes in its manner of operation for the season in question, the request will be accepted for consideration only if accompanied by statements showing good cause therefor and will be honored only if conditions permit. If after the start of a season the licensee or permittee submits a request for changes in the manner of operation as authorized, the request will be considered only if accompanied by statements showing good cause therefor, and will be honored only if conditions permit. ( d ) The provisions of paragraphs (a), (b), and (c) of the section shall apply to licensees, to permittees operating under program test authority, and to permittees who anticipate applying for and receiving program test authority for operation during the specified season. Permittees who during the process of construction wish to engage in equipment tests shall by informal written request, submitted to the Commission electronically in ICFS not less than 30 days before they desire to begin such testing, indicate the frequencies they desire to use for testing and the hours they desire to use those frequencies. No equipment testing shall occur until the Commission has authorized frequencies and hours for such testing. Such authorizations shall be only for one season, and if it is desired to continue equipment testing in a following season, new requests for frequencies and hours must be submitted at least 30 days before it is desired to begin testing in the following season. ( e ) Within 14 days after the end of each season, a report shall be filed with the Commission electronically in ICFS by each licensee or permittee operating under program test authority who has been issued a seasonal schedule for that season. The report shall state whether the licensee or permittee has operated the number of frequency-hours authorized by the seasonal schedule to each of the zones or areas of reception specified in the schedule. If such operation has not occurred, a detailed explanation of that fact shall also be submitted which includes specific dates, frequency-hours not used, and reasons for the failure to operate as authorized. The report shall also contain information that has been received by the licensee or permittee as to reception or interference, and conclusions with regard to propagation characteristics of frequencies that were assigned for the season in question. ( f ) Assigned frequencies. To the extent practicable, the frequencies assigned to international broadcast stations shall be within the following frequency bands, which are allocated to the broadcasting service on a primary and exclusive basis, except as noted in paragraph (f)(1)(ii) of this section: ( 1 ) In all Regions: ( i ) Exclusive: 5,900-6,200 kHz; 7,300-7,350 kHz; 9,400-9,900 kHz; 11,600-12,100 kHz; 13,570-13,870 kHz; 15,100-15,800 kHz; 17,480-17,900 kHz; 18,900-19,020 kHz; 21,450-21,850 kHz; and 25,670-26,100 kHz. ( ii ) Co-primary: 7,350-7,400 kHz, except in the countries listed in 47 CFR 2.106 , footnote 5.143C, where this band is also allocated to the fixed service on a primary basis. ( 2 ) In Region 1 and Region 3: 7,200-7,300 kHz and 7,400-7,450 kHz. Note to paragraph ( f ): For the allocation of frequencies, the ITU has divided the world into three Regions, which are defined in 47 CFR 2.104(b) . The bands 7,200-7,300 kHz and 7,400-7,450 kHz are not allocated to the broadcasting service in Region 2. Subject to not causing harmful interference to the broadcasting service, fixed and mobile services may operate in certain of the international broadcasting bands; see 47 CFR 2.106 , footnotes 5.136, 5.143, 5.143A, 5.143B, 5.143D, 5.146, 5.147, and 5.151. ( g ) [Reserved] ( h ) Requirements for Regional operation. ( 1 ) Frequency assignments in the bands 7,200-7,300 kHz and 7,400-7,450 kHz shall be restricted to international broadcast stations in the Pacific insular areas that are located in Region 3 (as defined in 47 CFR 2.105(a) , note 3) that transmit to geographical zones and areas of reception in Region 1 or Region 3. ( 2 ) During the hours of 0800-1600 UTC (Coordinated Universal Time) antenna gain with reference to an isotropic radiator in any easterly direction that would intersect any area in Region 2 shall not exceed 2.15 dBi, except in the case where a transmitter power of less than 100 kW is used. In this case, antenna gain on restricted azimuths shall not exceed that which is determined in accordance with equation below. Stations desiring to operate in this band must submit sufficient antenna performance information electronically in ICFS to ensure compliance with these restrictions.Permitted gain for transmitter powers less than 100 kW: Where: Gi = maximum gain permitted with reference to an isotropic radiator. Pa = Transmitter power employed in kW. ( i ) Frequencies requested for assignment must be as near as practicable to the optimum working frequency (unless otherwise justified) for the zone or area of reception for the period and path of transmission, and should be chosen so that a given frequency will provide the largest period of reliable transmission to the selected zone or area of reception. Moreover, at the zone or area of reception frequencies shall provide protection to the transmissions of other broadcasting stations which, in the opinion of the Commission, have priority of assignment. ( 1 ) Requests for frequency-hours shall be accompanied by all pertinent technical data with reference to the frequencies and hours of operation, including calculated field strengths delivered to the zones or areas of reception. ( 2 ) It is preferable that calculated field strengths delivered to zones or areas of reception be equal to or greater than those required by I.F.R.B. Technical Standards, Series A (and supplements thereto), in order for the I.F.R.B. to afford the notified assignment protection from interference. Nevertheless, calculated field strengths less than those required by the I.F.R.B. standards for protection will be acceptable to the Commission. However, licensees should note that if such lesser field strengths are submitted no protection from interference will be provided by the I.F.R.B. if their technical examination of such notifications show incompatibilities with other notified assignments fully complying with I.F.R.B. technical standards. ( 3 ) Licensees are permitted to engage in multiple operation as defined in § 73.701(d) . ( 4 ) Seasonal requests for frequency-hours will be only for transmissions to zones or areas of reception specified in the basic instrument of authorization. Changes in such zones or areas will be made only on separate application for modification of such instruments made electronically in ICFS. ( j ) Not more than one frequency will be assigned for use at any one time for any one program transmission except in instances where a program is intended for reception in more than one zone or area of reception and the intended zones or areas cannot be served by a single frequency: Provided, however, That on a showing of good cause made electronically in ICFS a licensee may be authorized to operate on more than one frequency at any one time to transmit any one program to a single zone or area of reception. ( k ) Any frequency assigned to a licensee or permittee shall also be available for assignment to other licensees or permittees. ( l ) All assignments of frequencies and the hours during which they will be used will be made with the express understanding that they are subject to immediate cancellation or change without hearing whenever the Commission determines that interference or propagation conditions so require and that each frequency-hour assignment for a given seasonal schedule is unique unto itself and not necessarily available for use during a subsequent season. ( m ) The total maximum number of frequency-hours which will be authorized to all licensees of international broadcasting stations during any one day for any season is 100. The number of frequency-hours allocated to any licensee will depend on past usage, availability, and need. If for a forthcoming season the total of the requests for daily frequency-hours of all licensees exceeds 100, all licensees will be notified and each licensee that makes an adequate showing electronically in ICFS that good cause exists for not having its requested number of frequency-hours reduced and that operation of its station without such reduction would be consistent with the public interest may be authorized the frequency-hours requested. Note: The provisions of this paragraph are not to be construed to mean that a total of 100 (or more) frequency-hours per day is assured licensees. Frequency-hours will only be assigned to the extent that they are available. It is the responsibility of each licensee to make all technical studies to show that frequency-hours requested by it are available and suitable for use as proposed. [ 38 FR 18892 , July 16, 1973, as amended at 51 FR 9965 , Mar. 24, 1986; 68 FR 25538 , May 13, 2003; 70 FR 46676 , Aug. 10, 2005; 73 FR 25496 , May 6, 2008; 75 FR 63031 , Oct. 13, 2010; 86 FR 54399 , Oct. 1, 2021; 88 FR 21446 , Apr. 10, 2023] § 73.703 Geographical zones and areas of reception. The zones or areas of reception to be served by international broadcasting stations shall be based on the following map, and directive antennas shall be employed to direct transmissions thereto: [ 38 FR 18893 , July 16, 1973, as amended at 68 FR 25538 , May 13, 2003] § 73.712 Equipment tests. ( a ) During the process of construction of an international broadcasting station, the permittee, having obtained authorization for frequencies and hours as set forth in the Note to § 73.702(d) may, without further authority of the FCC, conduct equipment tests for the purpose of such adjustments and measurements as may be necessary to assure compliance with the terms of the construction permit, the technical provisions of the application therefor and the rules and regulations. Such tests shall use voice identification and test tones only. No programming shall be conducted during equipment tests. ( b ) The Commission may notify the permittee to conduct no tests or may cancel, suspend, or change the date for the beginning of equipment tests when and if such action may appear to be in the public interest, convenience, and necessity. ( c ) Equipment tests may be continued so long as the construction permit shall remain valid: Provided, however, That the procedure set forth in paragraph (a) of this section must be repeated prior to the conducting of such tests in each season after the season in which the testing began. ( d ) The authorization for tests embodied in this section shall not be construed as constituting a license to operate but as a necessary part of construction. [ 28 FR 13696 , Dec. 14, 1963, as amended at 37 FR 25842 , Dec. 5, 1972. Redesignated and amended at 38 FR 18894 , July 16, 1973; 47 FR 40174 , Sept. 13, 1982] § 73.713 Program tests. ( a ) Upon completion of construction of an international broadcasting station in accordance with the terms of the construction permit, the technical provisions of the application therefor, and the rules and regulations and the applicable engineering standards, and when an application for station license has been filed showing the station to be in satisfactory operating condition, the permittee may request authority to conduct program tests. Such request shall be electronically filed with the FCC in the International Communications Filing System (ICFS) at least 10 days prior to the date on which it is desired to begin such operation. All data necessary to show compliance with the terms and conditions of the construction permit must be filed with the license application. ( b ) Program tests shall not commence until specific Commission authority is received. The Commission reserves the right to change the date of the beginning of such tests or to suspend or revoke the authority for program tests as and when such action may appear to be in the public interest, convenience, and necessity. ( c ) Unless sooner suspended or revoked, program test authority continues valid during Commission consideration of the application for license and during this period further extension of the construction permit is not required. Program test authority shall be automatically terminated by final determination upon the application for station license. ( d ) All operation under program test authority shall be in strict compliance with the rules governing international broadcasting stations and in strict accordance with representations made in the application for license pursuant to which the tests were authorized. ( e ) The granting of program test authority shall not be construed as approval by the Commission of the application for station license. [ 38 FR 18894 , July 16, 1973, as amended at 47 FR 40174 , Sept. 13, 1982; 86 FR 54401 , Oct. 1, 2021; 88 FR 21447 , Apr. 10, 2023] § 73.731 Licensing requirements. ( a ) A license for an international broadcasting station will be issued only after a satisfactory showing has been made in regard to the following, among others: ( 1 ) That there is a need for the international broadcasting service proposed to be rendered. ( 2 ) That the necessary program sources are available to the applicant to render the international service proposed. ( 3 ) That the production of the program service and the technical operation of the proposed station will be conducted by qualified persons. ( 4 ) That the applicant is legally, technically and financially qualified and possesses adequate technical facilities to carry forward the service proposed. ( 5 ) That the public interest, convenience and necessity will be served through the operation of the proposed station. [ 38 FR 18895 , July 16, 1973] § 73.732 Authorizations. Authorizations issued to international broadcasting stations by the Commission will be authorizations to permit the construction or use of a particular transmitting equipment combination and related antenna systems for international broadcasting, and to permit broadcasting to zones or areas of reception specified on the instrument of authorization. The authorizations will not specify the frequencies to be used or the hours of use. Requests for frequencies and hours of use will be made by electronic filing in the International Communications Filing System (ICFS) as provided in § 73.702 . Seasonal schedules, when issued pursuant to the provisions of § 73.702 , will become attachments to and part of the instrument of authorization, replacing any such prior attachments. [ 88 FR 21447 , Apr. 10, 2023] § 73.733 Normal license period. All international broadcast station licenses will be issued so as to expire at the hour of 3 a.m. local time and will be issued for a normal period of 8 years expiring November 1. [ 62 FR 5347 , Feb. 5, 1997] § 73.751 Operating power. No international broadcast station shall be authorized to install, or be licensed for operation of, transmitter equipment with: ( a ) A rated carrier power of less than 50 kilowatts (kW) if double-sideband (DSB) modulation is used, ( b ) A peak envelope power of less than 50 kW if single-sideband (SSB) modulation is used, or ( c ) A mean power of less than 10 kW if digital modulation is used. [ 70 FR 46676 , Aug. 10, 2005] § 73.753 Antenna systems. All international broadcasting stations shall operate with directional antennas. Such antennas shall be designed and operated so that the radiated power in the maximum lobe toward the specific zone or area of reception intended to be served shall be at least 10 times the average power from the antenna in the horizontal plane. Radiation in all other directions shall be suppressed to the maximum extent technically feasible. In order to eliminate or mitigate harmful interference, the direction of the maximum lobe may be adjusted upon approval of the Commission. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 38 FR 18895 , July 16, 1973, as amended at 44 FR 65765 , Nov. 15, 1979] § 73.754 Frequency monitors. ( a ) The licensee of each international broadcast station shall operate a frequency monitor at the transmitter independent of the frequency control of the transmitter. ( b ) The frequency monitor shall be designed and constructed in accordance with good engineering practice. It shall have an accuracy sufficient to determine that the operating frequency is within one-half of the allowed tolerance. [ 37 FR 25842 , Dec. 5, 1972] § 73.755 Modulation monitors. The licensee of each international broadcast station shall have a modulation monitor in operation at the transmitter. [ 37 FR 25842 , Dec. 5, 1972] § 73.756 System specifications for double-sideband (DBS) modulated emissions in the HF broadcasting service. ( a ) Channel spacing. The nominal spacing for DSB shall be 10 kHz. However, the interleaved channels with a separation of 5 kHz may be used in accordance with the relative protection criteria, provided that the interleaved emission is not to the same geographical area as either of the emissions between which it is interleaved. ( b ) Emission characteristics — ( 1 ) Nominal carrier frequencies. Nominal carrier frequencies shall be integral multiples of 5 kHz. ( 2 ) Audio-frequency band. The upper limit of the audio-frequency band (at—3 dB) of the transmitter shall not exceed 4.5 kHz and the lower limit shall be 150 Hz, with lower frequencies attenuated at a slope of 6 dB per octave. ( 3 ) Modulation processing. If audio-frequency signal processing is used, the dynamic range of the modulating signal shall be not less than 20 dB. ( 4 ) Necessary bandwidth. The necessary bandwidth shall not exceed 9 kHz. [ 70 FR 46677 , Aug. 10, 2005] § 73.757 System specifications for single-sideband (SSB) modulated emissions in the HF broadcasting service. ( a ) System parameters — ( 1 ) Channel spacing. In a mixed DSB, SSB and digital environment (see Resolution 517 (Rev.WRC-03)), the channel spacing shall be 10 kHz. In the interest of spectrum conservation, it is also permissible to interleave SSB emissions midway between two adjacent DSB channels, i.e. , with 5 kHz separation between carrier frequencies, provided that the interleaved emission is not to the same geographical area as either of the emissions between which it is interleaved. In an all inclusive SSB environment, the channel spacing and carrier frequency separation shall be 5 kHz. ( 2 ) Equivalent sideband power. When the carrier reduction relative to peak envelope power is 6 dB, an equivalent SSB emission is one giving the same audio-frequency signal-to-noise ratio at the receiver output as the corresponding DSB emission, when it is received by a DSB receiver with envelope detection. This is achieved when the sideband power of the SSB emission is 3 dB larger than the total sideband power of the DSB emission. (The peak envelope power of the equivalent SSB emission and the carrier power are the same as that of the DSB emission.) ( b ) Emission characteristics — ( 1 ) Nominal carrier frequencies. Nominal carrier frequencies shall be integral multiples of 5 kHz. ( 2 ) Frequency tolerance. The frequency tolerance shall be 10 Hz. Note 1 to paragraph ( b )(2): The ITU suggests that administrations avoid carrier frequency differences of a few hertz, which cause degradations similar to periodic fading. This could be avoided if the frequency tolerance were 0.1 Hz, a tolerance which would be suitable for SSB emissions. Note 2 to paragraph ( b )(2): The SSB system adopted for the bands allocated exclusively to HF broadcasting does not require a frequency tolerance less than 10 Hz. The degradation mentioned in Note 1 occurs when the ratio of wanted-to-interfering signal is well below the required protection ratio. This remark is equally valid for both DSB and SSB emissions. ( 3 ) Audio-frequency band. The upper limit of the audio-frequency band (at—3 dB) of the transmitter shall not exceed 4.5 kHz with a further slope of attenuation of 35 dB/kHz and the lower limit shall be 150 Hz with lower frequencies attenuated at a slope of 6 dB per octave. ( 4 ) Modulation processing. If audio-frequency signal processing is used, the dynamic range of the modulating signal shall be not less than 20 dB. ( 5 ) Necessary bandwidth. The necessary bandwidth shall not exceed 4.5 kHz. ( 6 ) Carrier reduction (relative to peak envelope power). In a mixed DSB, SSB and digital environment, the carrier reduction shall be 6 dB to allow SSB emissions to be received by conventional DSB receivers with envelope detection without significant deterioration of the reception quality. ( 7 ) Sideband to be emitted. Only the upper sideband shall be used. ( 8 ) Attenuation of the unwanted sideband. The attenuation of the unwanted sideband (lower sideband) and of intermodulation products in that part of the emission spectrum shall be at least 35 dB relative to the wanted sideband signal level. However, since there is in practice a large difference between signal amplitudes in adjacent channels, a greater attenuation is recommended. [ 70 FR 46677 , Aug. 10, 2005] § 73.758 System specifications for digitally modulated emissions in the HF broadcasting service. ( a ) For digitally modulated emissions, the Digital Radio Mondiale (DRM) standard shall be employed. Both digital audio broadcasting and datacasting are authorized. The RF requirements for the DRM system are specified in paragraphs (b) and (c), of this section. ( b ) System parameters — ( 1 ) Channel spacing. The initial spacing for digitally modulated emissions shall be 10 kHz. However, interleaved channels with a separation of 5 kHz may be used in accordance with the appropriate protection criteria appearing in Resolution 543 (WRC-03), provided that the interleaved emission is not to the same geographical area as either of the emissions between which it is interleaved. ( 2 ) Channel utilization. Channels using digitally modulated emissions may share the same spectrum or be interleaved with analog emissions in the same high frequency broadcasting (HFBC) band, provided the protection afforded to the analog emissions is at least as great as that which is currently in force for analog-to-analog protection. Accomplishing this may require that the digital spectral power density (and total power) be lower by several dB than is currently used for either DSB or SSB emissions. ( c ) Emission characteristics — ( 1 ) Bandwidth and center frequency. A full digitally modulated emission will have a 10 kHz bandwidth with its center frequency at any of the 5 kHz center frequency locations in the channel raster currently in use within the HFBC bands. Among several possible “simulcast” modes are those having a combination of analog and digital emissions of the same program in the same channel, that may use a digital emission of 5 kHz or 10 kHz bandwidth, next to either a 5 kHz or 10 kHz analog emission. In all cases of this type, the 5 kHz interleaved raster used in HFBC shall be adhered to in placing the emission within these bands. ( 2 ) Frequency tolerance. The frequency tolerance shall be 10 Hz. See Section 73.757(b)(2) , notes 1 and 2. ( 3 ) Audio-frequency band. The quality of service, using digital source coding within a 10 kHz bandwidth, taking into account the need to adapt the emission coding for various levels of error avoidance, detection and correction, can range from the equivalent of monophonic FM (approximately 15 kHz) to the low-level performance of a speech codec (of the order of 3 kHz). The choice of audio quality is connected to the needs of the broadcaster and listener, and includes the consideration of such characteristics as the propagation conditions expected. There is no single specification, only the upper and lower bounds noted in this paragraph. ( 4 ) Modulation. Quadrature amplitude modulation (QAM) with orthogonal frequency division multiplexing (OFDM) shall be used. 64-QAM is feasible under many propagation conditions; others such as 32-, 16- and 8-QAM are specified for use when needed. ( 5 ) RF protection ratio values. The protection ratio values for analogue and digital emissions for co-channel and adjacent channel conditions shall be in accordance with Resolution 543 (WRC-03) as provisional RF protection ratio values subject to revision or confirmation by a future competent conference. [ 70 FR 46677 , Aug. 10, 2005] § 73.759 Auxiliary transmitters. Upon showing that a need exists for the use of auxiliary transmitters, a license may be issued provided that: ( a ) Auxiliary transmitters may be installed either at the same location as the main transmitters or at another location. ( b ) [Reserved] ( c ) The auxiliary transmitters shall be maintained so that they may be put into immediate operation at any time for the following purposes: ( 1 ) The transmission of the regular programs upon the failure of the main transmitters. ( 2 ) The transmission of regular programs during maintenance or modification work on the main transmitter, necessitating discontinuance of its operation for a period not to exceed 5 days. (This includes the equipment changes which may be made without authority as set forth elsewhere in the rules and regulations or as authorized by the Commission by letter or by construction permit. Where such operation is required for periods in excess of 5 days, request therefor shall be made electronically in the International Communications Filing System (ICFS) in accordance with § 73.3542 ). ( 3 ) Upon request by a duly authorized representative of the Commission. ( d ) The auxiliary transmitters shall be tested at least once each week to determine that they are in proper operating condition and that they are adjusted to the proper frequency except that in the case of operation in accordance with paragraph (c) of this section during any week, the test in that week may be omitted provided the operation under paragraph (c) of this section is satisfactory. A record shall be kept of the time and result of each test. Such records shall be retained for a period of two years. ( e ) The auxiliary transmitters shall be equipped with satisfactory control equipment which will enable the maintenance of the frequency emitted by the station within the limits prescribed by the regulations in this part. ( f ) The operating power of an auxiliary transmitter may be less but not greater than the authorized power of the main transmitters. [ 28 FR 13696 , Dec. 14, 1963, as amended at 37 FR 25843 , Dec. 5, 1972; 60 FR 55480 , Nov. 1, 1995. Redesignated at 70 FR 46677 , Aug. 10, 2005, as amended at 86 FR 54401 , Oct. 1, 2021; 88 FR 21447 , Apr. 10, 2023] § 73.760 Alternate main transmitters. The licensee of an international broadcast station may be licensed for alternate main transmitters provided that a technical need for such alternate transmitters is shown and that the following conditions are met: Both transmitters: ( a ) Are located at the same place; ( b ) Shall have the same power rating; and ( c ) Shall meet the construction, installation, operation, and performance requirements of good engineering practice. [ 37 FR 25843 , Dec. 5, 1972. Redesignated at 70 FR 46677 , Aug. 10, 2005] § 73.761 Modification of transmission systems. Specific authority, upon electronic filing of a formal application (FCC Form 309) therefor in the International Communications Filing System (ICFS), is required for any of the following changes: ( a ) Change involving an increase or decrease in the power rating of the transmitters. ( b ) A replacement of the transmitters as a whole. ( c ) Change in the location of the transmitting antenna. ( d ) Change in the power delivered to the antenna. ( e ) Change in frequency control and/or modulation system. ( f ) Change in direction or gain of antenna system. ( g ) Other changes, not specified above in this section, may be made at any time without the authority of the Commission: Provided, That the Commission shall be immediately notified electronically in ICFS thereof and such changes shall be shown in the next application for renewal of license. [ 86 FR 54401 , Oct. 1, 2021, as amended at 88 FR 21447 , Apr. 10, 2023] § 73.762 Time of operation. ( a ) All international broadcasting stations shall operate in accordance with the times indicated on their seasonal schedules. ( b ) In the event that causes beyond a licensee's control make it impossible to adhere to the seasonal schedule or to continue operating, the station may limit or discontinue operation for a period of not more than 10 days, without further authority from the FCC. However, in such cases, the FCC shall be immediately notified by electronic filing in the International Communications Filing System (ICFS) of such limitation or discontinuance of operation and shall subsequently be notified by electronic filing in ICFS when the station resumes regular operation. ( c ) In the event that causes beyond a licensee's control make it impossible to adhere to the seasonal schedule or to continue operating for a temporary period of more than 10 days, the station may not limit or discontinue operation until it requests and receives specific authority to do so from the FCC by electronic filing in ICFS. When the station subsequently resumes regular operation after such limited operation or discontinuance of operation, it shall notify the FCC in Washington, DC by electronic filing in ICFS. The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. [ 38 FR 18895 , July 16, 1973, as amended at 47 FR 40174 , Sept. 13, 1982; 61 FR 28767 , June 6, 1996. Redesignated at 70 FR 46677 , Aug. 10, 2005; 86 FR 54401 , Oct. 1, 2021; 88 FR 21447 , Apr. 10, 2023] § 73.765 Determining operating power. The operating power specified in § 73.751 shall be determined by use of a calibrated dummy load or by any other method specified by the licensee and accepted by the Commission. Such method may subsequently be used by the licensee to maintain the authorized operating power. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 38 FR 18895 , July 16, 1973, as amended at 44 FR 65765 , Nov. 15, 1979] § 73.766 [Reserved] § 73.781 Logs. The licensee or permittee of each international broadcast station must maintain the station log in the following manner: ( a ) In the program log: ( 1 ) An entry of the time each station identification announcement (call letters and location) is made. ( 2 ) An entry briefly describing each program broadcast, such as “music”, “drama”, “speech”, etc., together with the name or title thereof, language, and the sponsor's name, with the time of the beginning and ending of the complete program. ( 3 ) For each program of network origin, an entry showing the name of the network originating the program. [ 28 FR 13696 , Dec. 14, 1963, as amended at 37 FR 25843 , Dec. 5, 1972; 48 FR 38480 , Aug. 24, 1983] § 73.782 Retention of logs. Logs of international broadcast stations shall be retained by the licensee or permittee for a period of two years: Provided, however, That logs involving communications incident to a disaster or which include communications incident to or involved in an investigation by the Commission and concerning which the licensee or permittee has been notified, shall be retained by the licensee or permittee until he is specifically authorized in writing by the Commission to destroy them: Provided, further, That logs incident to or involved in any claim or complaint of which the licensee or permittee has notice shall be retained by the licensee or permittee until such claim or complaint has been fully satisfied or until the same has been barred by statute limiting the time for the filing of suits upon such claims. [ 28 FR 13696 , Dec. 14, 1963] § 73.787 Station identification. ( a ) A licensee of an international broadcast station shall make station identification announcement (call letters and location), at the beginning and ending of each time of operation and during the operation on the hour. ( b ) Station identification, program announcements, and oral continuity shall be made with international significance (language particularly) which is designed for the foreign country or countries for which the service is primarily intended. [ 28 FR 13696 , Dec. 14, 1963, as amended at 34 FR 19762 , Dec. 17, 1969; 38 FR 18896 , July 16, 1973] § 73.788 Service; commercial or sponsored programs. ( a ) A licensee of an international broadcast station shall render only an international broadcast service which will reflect the culture of this country and which will promote international goodwill, understanding, and cooperation. Any program solely intended for and directed to an audience in the continental United States does not meet the requirements for this service. ( b ) Such international broadcast service may include commercial or sponsored programs: Provided, That: ( 1 ) Commercial program continuities give no more than the name of the sponsor of the program and the name and general character of the commodity, utility or service, or attraction advertised. ( 2 ) In case of advertising a commodity, the commodity is regularly sold or is being promoted for sale on the open market in the foreign country or countries to which the program is directed in accordance with paragraph (c) of this section. ( 3 ) In case of advertising an American utility or service to prospective tourists or visitors to the United States, the advertisement continuity is particularly directed to such persons in the foreign country or countries where they reside and to which the program is directed in accordance with paragraph (c) of this section. ( 4 ) In case of advertising an international attraction (such as a world fair, resort, spa, etc.) to prospective tourists or visitors to the United States, the oral continuity concerning such attraction is consistent with the purpose and intent of this section. ( 5 ) In case of any other type of advertising, such advertising is directed to the foreign country or countries to which the program is directed and is consistent with the purpose and intent of this section. ( c ) The geographic areas to be served by international broadcasting stations are the zones and areas of reception shown in § 73.703 . ( d ) An international broadcast station may transmit the program of a AM broadcast station or network system: Provided, That the conditions in paragraph (b) of this section as to any commercial continuities are observed and when station identifications are made, only the call letter designation of the international station is given and its assigned frequency: And provided further, That in the case of chain broadcasting the program is not carried simultaneously by another international station (except another station owned by the same licensee operated on a frequency in a different group to obtain continuity of signal service), the signals from which are directed to the same area. (See section 3(p) of the Communications Act of 1934 for the definition of “chain broadcasting.”) [ 28 FR 13696 , Dec. 14, 1963, as amended at 37 FR 25843 , Dec. 5, 1972; 38 FR 18896 , July 16, 1973] Subpart G—Low Power FM Broadcast Stations (LPFM) Source: 65 FR 7640 , Feb. 15, 2000, unless otherwise noted. § 73.801 Broadcast regulations applicable to LPFM stations. The following rules are applicable to LPFM stations: Section 73.201 Numerical definition of FM broadcast channels. Section 73.220 Restrictions on use of channels. Section 73.267 Determining operating power. Section 73.277 Permissible transmissions. Section 73.297 FM stereophonic sound broadcasting. Section 73.310 FM technical definitions. Section 73.312 Topographic data. Section 73.318 FM blanketing interference. Section 73.322 FM stereophonic sound transmission standards. Section 73.333 Engineering charts. Section 73.503 Licensing requirements and service. Section 73.508 Standards of good engineering practice. Section 73.593 Subsidiary communications services. Section 73.1015 Truthful written statements and responses to Commission inquiries and correspondence. Section 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. Section 73.1201 Station identification. Section 73.1206 Broadcast of telephone conversations. Section 73.1207 Rebroadcasts. Section 73.1208 Broadcast of taped, filmed, or recorded material. Section 73.1210 TV/FM dual-language broadcasting in Puerto Rico. Section 73.1211 Broadcast of lottery information. Section 73.1212 Sponsorship identification; list retention; related requirements. Section 73.1213 Antenna structure, marking and lighting. Section 73.1216 Licensee-conducted contests. Section 73.1217 Broadcast hoaxes. Section 73.1250 Broadcasting emergency information. Section 73.1300 Unattended station operation. Section 73.1400 Transmission system monitoring and control. Section 73.1520 Operation for tests and maintenance. Section 73.1540 Carrier frequency measurements. Section 73.1545 Carrier frequency departure tolerances. Section 73.1570 Modulation levels: AM, FM, and TV aural. Section 73.1580 Transmission system inspections. Section 73.1610 Equipment tests. Section 73.1620 Program tests. Section 73.1650 International agreements. Section 73.1660 Acceptability of broadcast transmitters. Section 73.1665 Main transmitters. Section 73.1692 Broadcast station construction near or installation on an AM broadcast tower. Section 73.1745 Unauthorized operation. Section 73.1750 Discontinuance of operation. Section 73.1920 Personal attacks. Section 73.1940 Legally qualified candidates for public office. Section 73.1941 Equal opportunities. Section 73.1943 Political file. Section 73.1944 Reasonable access. Section 73.3511 Applications required. Section 73.3512 Where to file; number of copies. Section 73.3513 Signing of applications. Section 73.3514 Content of applications. Section 73.3516 Specification of facilities. Section 73.3517 Contingent applications. Section 73.3518 Inconsistent or conflicting applications. Section 73.3519 Repetitious applications. Section 73.3520 Multiple applications. Section 73.3525 Agreements for removing application conflicts. Section 73.3539 Application for renewal of license. Section 73.3542 Application for emergency authorization. Section 73.3545 Application for permit to deliver programs to foreign stations. Section 73.3550 Requests for new or modified call sign assignments. Section 73.3561 Staff consideration of applications requiring Commission consideration. Section 73.3562 Staff consideration of applications not requiring action by the Commission. Section 73.3566 Defective applications. Section 73.3568 Dismissal of applications. Section 73.3580 Local public notice of filing of broadcast applications. Section 73.3584 Procedure for filing petitions to deny. Section 73.3587 Procedure for filing informal objections. Section 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. Section 73.3589 Threats to file petitions to deny or informal objections. Section 73.3591 Grants without hearing. Section 73.3593 Designation for hearing. Section 73.3598 Period of construction. Section 73.3599 Forfeiture of construction permit. Section 73.3999 Enforcement of 18 U.S.C. 1464 —restrictions on the transmission of obscene and indecent material. [ 65 FR 7640 , Feb. 15, 2000, as amended at 84 FR 2758 , Feb. 8, 2019; 85 FR 36794 , June 18, 2020] § 73.805 Availability of channels. Except as provided in § 73.220 of this chapter , all of the frequencies listed in § 73.201 of this chapter are available for LPFM stations. § 73.807 Minimum distance separation between stations. Minimum separation requirements for LPFM stations are listed in the following paragraphs. Except as noted below, an LPFM station will not be authorized unless the co-channel, and first- and second-adjacent channel separations are met. An LPFM station need not satisfy the third-adjacent channel separations listed in paragraphs (a) through (c) of this section in order to be authorized. The third-adjacent channel separations are included for use in determining for purposes of § 73.810 which third-adjacent channel interference regime applies to an LPFM station. Minimum distances for co-channel and first-adjacent channel are separated into two columns. The left-hand column lists the required minimum separation to protect other stations and the right-hand column lists (for informational purposes only) the minimum distance necessary for the LPFM station to receive no interference from other stations assumed to be operating at the maximum permitted facilities for the station class. For second-adjacent channel, the required minimum distance separation is sufficient to avoid interference received from other stations. ( a ) ( 1 ) An LPFM station will not be authorized initially unless the minimum distance separations in the following table are met with respect to authorized FM stations, applications for new and existing FM stations filed prior to the release of the public notice announcing an LPFM window period, authorized LPFM stations, LPFM station applications that were timely-filed within a previous window, and vacant FM allotments. LPFM modification applications must either meet the distance separations in the following table or, if short-spaced, not lessen the spacing to subsequently authorized stations. Station class protected by LPFM Co-channel minimum separation (km) First-adjacent channel minimum separation (km) Second and third adjacent channel minimum separation (km) Required For no interference received from max. class facility Required For no interference received from max. class facility Required LPFM 24 24 14 14 None D 24 24 13 13 6 A 67 92 56 56 29 B1 87 119 74 74 46 B 112 143 97 97 67 C3 78 119 67 67 40 C2 91 143 80 84 53 C1 111 178 100 111 73 C0 122 193 111 130 84 C 130 203 120 142 93 ( 2 ) LPFM stations must satisfy the second-adjacent channel minimum distance separation requirements of paragraph (a)(1) of this section with respect to any third-adjacent channel FM station that, as of September 20, 2000, broadcasts a radio reading service via a subcarrier frequency. ( b ) In addition to meeting or exceeding the minimum separations in paragraph (a) of this section, new LPFM stations will not be autorized in Puerto Rico or the Virgin Islands unless the minimum distance separations in the following tables are met with respect to authorized or proposed FM stations: Station class protected by LPFM Co-channel minimum separation (km) First-adjacent channel minimum separation (km) Second and third adjacent channel minimum separation (km)—required Required For no interference received from max. class facility Required For no interference received from max. class facility A 80 111 70 70 42 B1 95 128 82 82 53 B 138 179 123 123 92 Note to paragraphs ( a ) and ( b ): Minimum distance separations towards “grandfathered” superpowered Reserved Band stations are as specified. Full service FM stations operating within the reserved band (Channels 201-220) with facilities in excess of those permitted in § 73.211(b)(1) or (b)(3) shall be protected by LPFM stations in accordance with the minimum distance separations for the nearest class as determined under § 73.211 . For example, a Class B1 station operating with facilities that result in a 60 dBu contour that exceeds 39 kilometers but is less than 52 kilometers would be protected by the Class B minimum distance separations. Class D stations with 60 dBu contours that exceed 5 kilometers will be protected by the Class A minimum distance separations. Class B stations with 60 dBu contours that exceed 52 kilometers will be protected as Class C1 or Class C stations depending upon the distance to the 60 dBu contour. No stations will be protected beyond Class C separations. ( c ) In addition to meeting the separations specified in paragraphs (a) and (b), LPFM applications must meet the minimum separation requirements in the following table with respect to authorized FM translator stations, cutoff FM translator applications, and FM translator applications filed prior to the release of the Public Notice announcing the LPFM window period. Distance to FM translator 60 dBu contour Co-channel minimum separation (km) First-adjacent channel minimum separation (km) Second and third adjacent channel minimum separation (km)—required Required For no interference received Required For no interference received 13.3 km or greater 39 67 28 35 21 Greater than 7.3 km, but less than 13.3 km 32 51 21 26 14 7.3 km or less 26 30 15 16 8 ( d ) Existing LPFM stations which do not meet the separations in paragraphs (a) through (c) of this section may be relocated provided that the separation to any short-spaced station is not reduced. ( e ) ( 1 ) Waiver of the second-adjacent channel separations. The Commission will entertain requests to waive the second-adjacent channel separations in paragraphs (a) through (c) of this section on a case-by-case basis. In each case, the LPFM station must establish, using methods of predicting interference taking into account all relevant factors, including terrain-sensitive propagation models, that its proposed operations will not result in interference to any authorized radio service. The LPFM station may do so by demonstrating that no actual interference will occur due to intervening terrain or lack of population. The LPFM station may use an undesired/desired signal strength ratio methodology to define areas of potential interference. ( 2 ) Interference. ( i ) Upon receipt of a complaint of interference from an LPFM station operating pursuant to a waiver granted under paragraph (e)(1) of this section, the Commission shall notify the identified LPFM station by telephone or other electronic communication within one business day. ( ii ) An LPFM station that receives a waiver under paragraph (e)(1) of this section shall suspend operation immediately upon notification by the Commission that it is causing interference to the reception of an existing or modified full-service FM station without regard to the location of the station receiving interference. The LPFM station shall not resume operation until such interference has been eliminated or it can demonstrate to the Commission that the interference was not due to emissions from the LPFM station. Short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. ( f ) Commercial and noncommercial educational stations authorized under subparts B and C of this part , as well as new or modified commercial FM allotments, are not required to adhere to the separations specified in this rule section, even where new or increased interference would be created. ( g ) International considerations within the border zones. ( 1 ) Within 320 km of the Canadian border, LPFM stations must meet the following minimum separations with respect to any Canadian stations: Canadian station class Co-channel (km) First-adjacent channel (km) Second- adjacent channel (km) Third-adjacent channel (km) Intermediate frequency (IF) channel (km) A1 & Low Power 45 30 21 20 4 A 66 50 41 40 7 B1 78 62 53 52 9 B 92 76 68 66 12 C1 113 98 89 88 19 C 124 108 99 98 28 ( 2 ) Within 320 km of the Mexican border, LPFM stations must meet the following separations with respect to any Mexican stations: Mexican station class Co-channel (km) First-adjacent channel (km) Second- and third-adjacent channel (km) Intermediate frequency (IF) channel (km) Low Power 27 17 9 3 A 43 32 25 5 AA 47 36 29 6 B1 67 54 45 8 B 91 76 66 11 C1 91 80 73 19 C 110 100 92 27 ( 3 ) The Commission will notify the International Telecommunications Union (ITU) of any LPFM authorizations in the US Virgin Islands. Any authorization issued for a US Virgin Islands LPFM station will include a condition that permits the Commission to modify, suspend or terminate without right to a hearing if found by the Commission to be necessary to conform to any international regulations or agreements. ( 4 ) The Commission will initiate international coordination of a LPFM proposal even where the above Canadian and Mexican spacing tables are met, if it appears that such coordination is necessary to maintain compliance with international agreements. ( 5 ) ( i ) LPFM stations located within 125 kilometers of the Mexican border are limited to 50 watts (0.05 kW) ERP, a 60 dBu service contour of 8.7 kilometers and a 34 dBu interfering contour of 32 kilometers in the direction of the Mexican border. LPFM stations may operate up to 100 watts in all other directions. ( ii ) LPFM stations located between 125 kilometers and 320 kilometers from the Mexican border may operate in excess of 50 watts, up to a maximum ERP of 100 watts. However, in no event shall the location of the 60 dBu contour lie within 116.3 kilometers of the Mexican border. ( iii ) Applications for LPFM stations within 320 kilometers of the Canadian border may employ an ERP of up to a maximum of 100 watts. The distance to the 34 dBu interfering contour may not exceed 60 kilometers in any direction. [ 78 FR 2102 , Jan. 9, 2013, as amended at 85 FR 35573 , June 11, 2020] § 73.808 Distance computations. For the purposes of determining compliance with any LPFM distance requirements, distances shall be calculated in accordance with § 73.208(c) of this part . § 73.809 Interference protection to full service FM stations. ( a ) If a full service commercial or NCE FM facility application is filed subsequent to the filing of an LPFM station facility application, such full service station is protected against any condition of interference to the direct reception of its signal that is caused by such LPFM station operating on the same channel or first-adjacent channel provided that the interference is predicted to occur and actually occurs within: ( 1 ) The 3.16 mV/m (70 dBu) contour of such full service station; ( 2 ) The community of license of such full service station; or ( 3 ) Any area of the community of license of such full service station that is predicted to receive at least a 1 mV/m (60 dBu) signal. Predicted interference shall be calculated in accordance with the ratios set forth in § 73.215 paragraphs (a)(1) and (a)(2). Intermediate frequency (IF) channel interference overlap will be determined based upon overlap of the 91 dBu F(50,50) contours of the FM and LPFM stations. Actual interference will be considered to occur whenever reception of a regularly used signal is impaired by the signal radiated by the LPFM station. ( b ) An LPFM station will be provided an opportunity to demonstrate in connection with the processing of the commercial or NCE FM application that interference as described in paragraph (a) of this section is unlikely. If the LPFM station fails to so demonstrate, it will be required to cease operations upon the commencement of program tests by the commercial or NCE FM station. ( c ) Complaints of actual interference by an LPFM station subject to paragraphs (a) and (b) of this section must be served on the LPFM licensee and the Federal Communications Commission, attention Audio Services Division. The LPFM station must suspend operations within twenty-four hours of the receipt of such complaint unless the interference has been resolved to the satisfaction of the complainant on the basis of suitable techniques. An LPFM station may only resume operations at the direction of the Federal Communications Commission. If the Commission determines that the complainant has refused to permit the LPFM station to apply remedial techniques that demonstrably will eliminate the interference without impairment of the original reception, the licensee of the LPFM station is absolved of further responsibility for the complaint. ( d ) It shall be the responsibility of the licensee of an LPFM station to correct any condition of interference that results from the radiation of radio frequency energy outside its assigned channel. Upon notice by the FCC to the station licensee or operator that such interference is caused by spurious emissions of the station, operation of the station shall be immediately suspended and not resumed until the interference has been eliminated. However, short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. ( e ) In each instance where suspension of operation is required, the licensee shall submit a full report to the FCC in Washington, DC, after operation is resumed, containing details of the nature of the interference, the source of the interfering signals, and the remedial steps taken to eliminate the interference. [ 65 FR 7640 , Feb. 15, 2000, as amended at 65 FR 67302 , Nov. 9, 2000; 73 FR 3216 , Jan. 17, 2008; 78 FR 2104 , Jan. 9, 2013] § 73.810 Third adjacent channel interference. ( a ) LPFM Stations Licensed at Locations That Do Not Satisfy Third-Adjacent Channel Minimum Distance Separations. An LPFM station licensed at a location that does not satisfy the third-adjacent channel minimum distance separations set forth in § 73.807 is subject to the following provisions: ( 1 ) Such an LPFM station will not be permitted to continue to operate if it causes any actual third-adjacent channel interference to: ( i ) The transmission of any authorized broadcast station; or ( ii ) The reception of the input signal of any TV translator, TV booster, FM translator or FM booster station; or ( iii ) The direct reception by the public of the off-the-air signals of any full-service station or previously authorized secondary station. Interference will be considered to occur whenever reception of a regularly used signal on a third-adjacent channel is impaired by the signals radiated by the LPFM station, regardless of the quality of such reception, the strength of the signal so used, or the channel on which the protected signal is transmitted. ( 2 ) If third-adjacent channel interference cannot be properly eliminated by the application of suitable techniques, operation of the offending LPFM station shall be suspended and shall not be resumed until the interference has been eliminated. Short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. If a complainant refuses to permit the licensee of the offending LPFM station to apply remedial techniques which demonstrably will eliminate the third-adjacent channel interference without impairment to the original reception, the licensee is absolved of further responsibility for that complaint. ( 3 ) Upon notice by the Commission to the licensee that such third-adjacent channel interference is being caused, the operation of the LPFM station shall be suspended within three minutes and shall not be resumed until the interference has been eliminated or it can be demonstrated that the interference is not due to spurious emissions by the LPFM station; provided, however, that short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. ( b ) LPFM stations licensed at locations that satisfy third-adjacent channel minimum distance separations. An LPFM station licensed at a location that satisfies the third-adjacent channel minimum distance separations set forth in § 73.807 is subject to the following provisions: ( 1 ) Interference complaints and remediation. ( i ) Such an LPFM station is required to provide copies of all complaints alleging that its signal is causing third-adjacent channel interference to or impairing the reception of the signal of a full power FM, FM translator or FM booster station to such affected station and to the Commission. ( ii ) A full power FM, FM translator or FM booster station shall review all complaints it receives, either directly or indirectly, from listeners regarding alleged third-adjacent channel interference caused by the operations of such an LPFM station. Such full power FM, FM translator or FM booster station shall also identify those that qualify as bona fide complaints under this section and promptly provide such LPFM station with copies of all bona fide complaints. A bona fide complaint: ( A ) Must include current contact information for the complainant; ( B ) Must state the nature and location of the alleged third-adjacent channel interference and must specify the call signs of the LPFM station and affected full power FM, FM translator or FM booster station, and the type of receiver involved; and ( C ) Must be received by either the LPFM station or the affected full power FM, FM translator or FM booster station within one year of the date on which the LPFM station commenced broadcasts with its currently authorized facilities. ( iii ) The Commission will accept bona fide complaints and will notify the licensee of the LPFM station allegedly causing third-adjacent channel interference to the signal of a full power FM, FM translator or FM booster station of the existence of the alleged interference within 7 calendar days of the Commission's receipt of such complaint. ( iv ) Such an LPFM station will be given a reasonable opportunity to resolve all complaints of third-adjacent channel interference within the protected contour of the affected full power FM, FM translator or FM booster station. A complaint will be considered resolved where the complainant does not reasonably cooperate with an LPFM station's remedial efforts. Such an LPFM station also is encouraged to address all other complaints of third-adjacent channel interference, including complaints based on interference to a full power FM, FM translator or FM booster station by the transmitter site of the LPFM station at any distance from the full power, FM translator or FM booster station. ( v ) In the event that the number of unresolved complaints of third-adjacent channel interference within the protected contour of the affected full power FM, FM translator or FM booster station plus the number of complaints for which the source of third-adjacent channel interference remains in dispute equals at least one percent of the households within one kilometer of the LPFM transmitter site or thirty households, whichever is less, the LPFM and affected stations must cooperate in an “on-off” test to determine whether the third-adjacent channel interference is traceable to the LPFM station. ( vi ) If the number of unresolved and disputed complaints of third-adjacent channel interference within the protected contour of the affected full power, FM translator or FM booster station exceeds the numeric threshold specified in paragraph (b)(1)(v) of this section following an “on-off” test, the affected station may request that the Commission initiate a proceeding to consider whether the LPFM station license should be modified or cancelled, which will be completed by the Commission within 90 days. Parties may seek extensions of the 90-day deadline consistent with Commission rules. ( vii ) An LPFM station may stay any procedures initiated pursuant to paragraph (b)(1)(vi) of this section by voluntarily ceasing operations and filing an application for facility modification within twenty days of the commencement of such procedures. ( 2 ) Periodic announcements. ( i ) For a period of one year from the date of licensing of a new LPFM station that is constructed on a third-adjacent channel and satisfies the third-adjacent channel minimum distance separations set forth in § 73.807 , such LPFM station shall broadcast periodic announcements. The announcements shall, at a minimum, alert listeners of the potentially affected third-adjacent channel station of the potential for interference, instruct listeners to contact the LPFM station to report any interference, and provide contact information for the LPFM station. The announcements shall be made in the primary language(s) of both the new LPFM station and the potentially affected third-adjacent channel station(s). Sample announcement language follows: On (date of license grant), the Federal Communications Commission granted (LPFM station's call letters) a license to operate. (LPFM station's call letters) may cause interference to the operations of (third-adjacent channel station's call letters) and (other third-adjacent channel stations' call letters). If you are normally a listener of (third-adjacent channel station's call letters) or (other third-adjacent channel station's call letters) and are having difficulty receiving (third-adjacent channel station call letters) or (other third-adjacent channel station's call letters), please contact (LPFM station's call letters) by mail at (mailing address) or by telephone at (telephone number) to report this interference. ( ii ) During the first thirty days after licensing of a new LPFM station that is constructed on a third-adjacent channel and satisfies the third-adjacent channel minimum distance separations set forth in Section 73.807 , the LPFM station must broadcast the announcements specified in paragraph (b)(2)(i) of this section at least twice daily. The first daily announcement must be made between the hours of 7 a.m. and 9 a.m., or 4 p.m. and 6 p.m. The LPFM station must vary the time slot in which it airs this announcement. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day. The second daily announcement must be made outside of the 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. time slots. The LPFM station must vary the times of day in which it broadcasts this second daily announcement in order to ensure that the announcements air during all parts of its broadcast day. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day. For the remainder of the one year period, the LPFM station must broadcast the announcements at least twice per week. The announcements must be broadcast between the hours of 7 a.m. and midnight. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day. ( iii ) Any new LPFM station that is constructed on a third-adjacent channel and satisfies the minimum distance separations set forth in § 73.807 must: ( A ) notify the Audio Division, Media Bureau, and all affected stations on third-adjacent channels of an interference complaint. The notification must be made electronically within 48 hours after the receipt of an interference complaint by the LPFM station; and ( B ) cooperate in addressing any third-adjacent channel interference. [ 78 FR 2104 , Jan. 9, 2013, as amended at 85 FR 35573 , June 11, 2020] § 73.811 LPFM power and antenna height requirements. ( a ) Maximum facilities. LPFM stations will be authorized to operate with maximum facilities of 100 watts ERP at 30 meters HAAT. An LPFM station with a HAAT that exceeds 30 meters will not be permitted to operate with an ERP greater than that which would result in a 60 dBu contour of 5.6 kilometers. In no event will an ERP less than one watt be authorized. No facility will be authorized in excess of one watt ERP at 450 meters HAAT. ( b ) Minimum facilities. LPFM stations may not operate with facilities less than 50 watts ERP at 30 meters HAAT or the equivalent necessary to produce a 60 dBu contour that extends at least 4.7 kilometers. [ 78 FR 2105 , Jan. 9, 2013] § 73.812 Rounding of power and antenna heights. ( a ) Effective radiated power (ERP) will be rounded to the nearest watt on LPFM authorizations. ( b ) Antenna radiation center, antenna height above average terrain (HAAT), and antenna supporting structure height will all be rounded to the nearest meter on LPFM authorizations. § 73.813 Determination of antenna height above average terrain (HAAT). HAAT determinations for LPFM stations will be made in accordance with the procedure detailed in § 73.313(d) of this part . § 73.816 Antennas. ( a ) Permittees and licensees may employ nondirectional antennas with horizontal only polarization, vertical only polarization, circular polarization or elliptical polarization. ( b ) Permittees and licensees may employ directional antennas in the LPFM service, in accordance with paragraph (d) of this section. ( c ) [Reserved] ( d ) ( 1 ) Composite antennas and antenna arrays may be used where the total ERP does not exceed the maximum determined in accordance with § 73.811(a) . ( 2 ) Either horizontal, vertical, circular, or elliptical polarization may be used provided that the supplemental vertically polarized ERP required for circular or elliptical polarization does not exceed the ERP otherwise authorized. Either clockwise or counterclockwise rotation may be used. Separate transmitting antennas are permitted if both horizontal and vertical polarization is to be provided. ( 3 ) An application that specifies the use of a directional antenna must provide the information identified in § 73.316(c) except that such information shall not be required of: ( i ) Public safety and transportation permittees and licensees eligible pursuant to § 73.853(a)(2) using directional antennas in connection with operation of Travelers' Information Service stations; ( ii ) LPFM permittees and licensees proposing a waiver of the second-adjacent channel spacing requirements of § 73.807 for the sole purpose of justifying such a waiver; and ( iii ) LPFM permittees and licensees using directional antennas solely for the purpose of meeting the international border zone distance requirements of § 73.807(g) . [ 65 FR 67303 , Nov. 9, 2000, as amended at 78 FR 2106 , Jan. 9, 2013; 85 FR 35573 , June 11, 2020] § 73.825 Protection to reception of TV channel 6. The following spacing requirements will apply to LPFM applications on Channels 201 through 220 unless the application is accompanied by a written agreement between the LPFM applicant and each affected TV Channel 6 broadcast station concurring with the proposed LPFM facilities. ( a ) LPFM stations will be authorized on Channels 201 through 220 only if the pertinent minimum separation distances in the following table are met with respect to all full power TV Channel 6 stations. FM channel number LPFM to TV channel 6 (km) 201 140 202 138 203 137 204 136 205 135 206 133 207 133 208 133 209 133 210 133 211 133 212 132 213 132 214 132 215 131 216 131 217 131 218 131 219 130 220 130 ( b ) LPFM stations will be authorized on Channels 201 through 220 only if the pertinent minimum separation distances in the following table are met with respect to all low power TV, TV translator, and Class A TV stations authorized on TV Channel 6. FM channel number LPFM to TV channel 6 (km) 201 98 202 97 203 95 204 94 205 93 206 91 207 91 208 91 209 91 210 91 211 91 212 90 213 90 214 90 215 90 216 89 217 89 218 89 219 89 220 89 [ 65 FR 67303 , Nov. 9, 2000, as amended at 78 FR 2106 , Jan. 9, 2013; 85 FR 35573 , June 11, 2020] § 73.827 Interference to the input signals of FM translator or FM booster stations. ( a ) Interference to the direct reception of the input signal of an FM translator station. This subsection applies when an LPFM application proposes to operate near an FM translator station, the FM translator station is receiving its input signal off-air (either directly from the primary station or from a translator station) and the LPFM application proposes to operate on a third-adjacent channel to the station delivering an input signal to the translator station. In these circumstances, the LPFM station will not be authorized unless it is located at least 2 km from the FM translator station. In addition, in cases where an LPFM station is located within ±30 degrees of the azimuth between the FM translator station and its input signal, the LPFM station will not be authorized unless it is located at least 10 kilometers from the FM translator station. The provisions of this subsection will not apply if the LPFM applicant: ( 1 ) Demonstrates that no actual interference will occur due to an undesired (LPFM) to desired (station delivering signal to translator station) ratio below 34 dB at such translator station's receive antenna. ( 2 ) Complies with the minimum LPFM/FM translator distance separation calculated in accordance with the following formula: d u = 133.5 antilog [(P eu + G ru − G rd − E d )/20], where d u = the minimum allowed separation in km, P eu = LPFM ERP in dBW, G ru = gain (dBd) of the FM translator receive antenna in the direction of the LPFM site, G rd = gain (dBd) of the FM translator receive antenna in the direction of the primary station site, E d = predicted field strength (dBu) of the primary station at the translator site, or ( 3 ) Reaches an agreement with the licensee of the FM translator regarding an alternative technical solution. Note to paragraph ( a ): LPFM applicants may assume that an FM translator station's receive and transmit antennas are collocated. ( b ) An authorized LPFM station will not be permitted to continue to operate if an FM translator or FM booster station demonstrates that the LPFM station is causing actual interference to the FM translator or FM booster station's input signal, provided that the same input signal was in use or proposed in an application filed with the Commission prior to the release of the public notice announcing the dates for an LPFM application filing window and has been continuously in use or proposed since that time. ( c ) Complaints of actual interference by an LPFM station subject to paragraph (b) of this section must be served on the LPFM licensee and the Federal Communications Commission, Attention: Audio Division, Media Bureau. The LPFM station must suspend operations upon the receipt of such complaint unless the interference has been resolved to the satisfaction of the complainant on the basis of suitable techniques. Short test transmissions may be made during the period of suspended operations to check the efficacy of remedial measures. An LPFM station may only resume full operation at the direction of the Federal Communications Commission. If the Commission determines that the complainant has refused to permit the LPFM station to apply remedial techniques that demonstrably will eliminate the interference without impairment of the original reception, the licensee of the LPFM station is absolved of further responsibility for the complaint. [ 78 FR 2106 , Jan. 9, 2013, as amended at 78 FR 67317 , Nov. 12, 2013] § 73.840 Operating power and mode tolerances. The transmitter power output (TPO) of an LPFM station must be determined by the procedures set forth in § 73.267 of this part . The operating TPO of an LPFM station with an authorized TPO of more than ten watts must be maintained as near as practicable to its authorized TPO and may not be less than 90% of the minimum TPO nor greater than 105% of the maximum authorized TPO. An LPFM station with an authorized TPO of ten watts or less may operate with less than the authorized power, but not more than 105% of the authorized power. § 73.845 Transmission system operation. Each LPFM licensee is responsible for maintaining and operating its broadcast station in a manner that complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization. In the event that an LPFM station is operating in a manner that is not in compliance with the technical rules set forth elsewhere in this part or the terms of the station authorization, broadcast operation must be terminated within three hours. § 73.850 Operating schedule. ( a ) All LPFM stations will be licensed for unlimited time operation, except those stations operating under a time sharing agreement pursuant to § 73.872 . ( b ) All LPFM stations are required to operate at least 36 hours per week, consisting of at least 5 hours of operation per day on at least 6 days of the week; however, stations licensed to educational institutions are not required to operate on Saturday or Sunday or to observe the minimum operating requirements during those days designated on the official school calendar as vacation or recess periods. ( c ) All LPFM stations, including those meeting the requirements of paragraph (b) of this section, but which do not operate 12 hours per day each day of the year, will be required to share use of the frequency upon the grant of an appropriate application proposing such share time arrangement. Such applications must set forth the intent to share time and must be filed in the same manner as are applications for new stations. Such applications may be filed at any time after an LPFM station completes its third year of licensed operations. In cases where the licensee and the prospective licensee are unable to agree on time sharing, action on the application will be taken only in connection with a renewal application for the existing station filed on or after June 1, 2019. In order to be considered for this purpose, an application to share time must be filed no later than the deadline for filing petitions to deny the renewal application of the existing licensee. ( 1 ) The licensee and the prospective licensee(s) shall endeavor to reach an agreement for a definite schedule of periods of time to be used by each. Such agreement must be in writing and must set forth which licensee is to operate on each of the hours of the day throughout the year. Such agreement must not include simultaneous operation of the stations. Each licensee must file the same in triplicate with each application to the Commission for initial construction permit or renewal of license. Such written agreements shall become part of the terms of each station's license. ( 2 ) The Commission desires to facilitate the reaching of agreements on time sharing. However, if the licensees of stations authorized to share time are unable to agree on a division of time, the prospective licensee(s) must submit a statement with the Commission to that effect filed with the application(s) proposing time sharing. ( 3 ) After receipt of the type of application(s) described in paragraph (c)(2) of this section, the Commission will process such application(s) pursuant to §§ 73.3561 through 73.3568 of this Part . If any such application is not dismissed pursuant to those provisions, the Commission will issue a notice to the parties proposing a time-sharing arrangement and a grant of the time-sharing application(s). The licensee may protest the proposed action, the prospective licensee(s) may oppose the protest and/or the proposed action, and the licensee may reply within the time limits delineated in the notice. All such pleadings must satisfy the requirements of Section 309(d) of the Act. Based on those pleadings and the requirements of Section 309 of the Act, the Commission will then act on the time-sharing application(s) and the licensee's renewal application. ( 4 ) A departure from the regular schedule set forth in a time-sharing agreement will be permitted only in cases where a written agreement to that effect is reduced to writing, is signed by the licensees of the stations affected thereby, and is filed in triplicate by each licensee with the Commission, Attention: Audio Division, Media Bureau, prior to the time of the proposed change. If time is of the essence, the actual departure in operating schedule may precede the actual filing of the written agreement, provided that appropriate notice is sent to the Commission in Washington, DC, Attention: Audio Division, Media Bureau. ( d ) In the event that causes beyond the control of a permittee or licensee make it impossible to adhere to the operating schedule in paragraph (b) of this section or to continue operating, the station may limit or discontinue operation for a period not exceeding 30 days without further authority from the Commission provided that notification is sent to the Commission in Washington, DC, Attention: Audio Division, Media Bureau, no later than the 10th day of limited or discontinued operation. During such period, the permittee shall continue to adhere to the requirements of the station license pertaining to lighting of antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period, the permittee or licensee will notify the FCC, Attention: Audio Division, of the date that normal operations resumed. If causes beyond the control of the permittee or licensee make it impossible to comply within the allowed period, Special Temporary Authority (see § 73.1635 ) must be requested to remain silent for such additional time as deemed necessary not to exceed, in total, 12 consecutive months (see § 73.873(b) ). [ 65 FR 7640 , Feb. 15, 2000, as amended at 78 FR 2106 , Jan. 9, 2013; 85 FR 35573 , June 11, 2020] § 73.853 Licensing requirements and service. ( a ) An LPFM station may be licensed only to: ( 1 ) Nonprofit educational organizations and upon a showing that the proposed station will be used for the advancement of an educational program; and ( 2 ) State and local governments and non-government entities that will provide non-commercial public safety radio services. ( 3 ) Tribal Applicants, as defined in paragraph (c) of this section that will provide non-commercial radio services. ( b ) Only local organizations will be permitted to submit applications and to hold authorizations in the LPFM service. For the purposes of this paragraph, an organization will be deemed local if it can certify, at the time of application, that it meets the criteria listed below and if it continues to satisfy the criteria at all times thereafter. ( 1 ) The applicant, its local chapter or branch is physically headquartered or has a campus within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets; ( 2 ) It has 75% of its board members residing within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets; or ( 3 ) In the case of any applicant proposing a public safety radio service, the applicant has jurisdiction within the service area of the proposed LPFM station. ( 4 ) In the case of a Tribal Applicant, as defined in paragraph (c) of this section, the Tribal Applicant's Tribal lands, as that term is defined in § 73.7000 , are within the service area of the proposed LPFM station. ( c ) A Tribal Applicant is a Tribe or an entity that is 51 percent or more owned or controlled by a Tribe or Tribes. For these purposes, Tribe is defined as set forth in § 73.7000 . [ 65 FR 7640 , Feb. 15, 2000, as amended at 73 FR 3216 , Jan. 17, 2008; 78 FR 2107 , Jan. 9, 2013] § 73.854 Unlicensed radio operations. No application for an LPFM station may be granted unless the applicant certifies, under penalty of perjury, that neither the applicant, nor any party to the application, has engaged in any manner, including individually or with persons, groups, organizations, or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. 301 . If an application is dismissed pursuant to this section, the applicant is precluded from seeking nunc pro tunc reinstatement of the application and/or changing its directors to resolve the basic qualification issues. [ 85 FR 7889 , Feb. 12, 2020] § 73.855 Ownership limits. ( a ) No authorization for an LPFM station shall be granted to any party if the grant of that authorization will result in any such party holding an attributable interest in two or more LPFM stations. ( b ) Notwithstanding the general prohibition set forth in paragraph (a) of this section, Tribal Applicants, as defined in § 73.853(c) , may hold an attributable interest in up to two LPFM stations. ( c ) Notwithstanding the general prohibition set forth in paragraph (a) of this section, not-for-profit organizations and governmental entities with a public safety purpose may be granted multiple licenses if: ( 1 ) One of the multiple applications is submitted as a priority application; and ( 2 ) The remaining non-priority applications do not face a mutually exclusive challenge. [ 78 FR 2107 , Jan. 9, 2013] § 73.858 Attribution of LPFM station interests. Ownership and other interests in LPFM station permittees and licensees will be attributed to their holders and deemed cognizable for the purposes of §§ 73.855 and 73.860 , in accordance with the provisions of § 73.3555 , subject to the following exceptions: ( a ) A director of an entity that holds an LPFM license will not have such interest treated as attributable if such director also holds an attributable interest in a broadcast licensee or other media entity but recuses himself or herself from any matters affecting the LPFM station. ( b ) A local chapter of a national or other large organization shall not have the attributable interests of the national organization attributed to it provided that the local chapter is separately incorporated and has a distinct local presence and mission. ( c ) A parent or subsidiary of a LPFM licensee or permittee that is a non-stock corporation will be treated as having an attributable interest in such corporation. The officers, directors, and members of a non-stock corporation's governing body and of any parent or subsidiary entity will have such positional interests attributed to them. § 73.860 Cross-ownership. ( a ) Except as provided in paragraphs (b) , (c) and (d) of this section, no license shall be granted to any party if the grant of such authorization will result in the same party holding an attributable interest in any other non-LPFM broadcast station, including any FM translator or low power television station, or any other media subject to our broadcast ownership restrictions. ( b ) A party that is not a Tribal Applicant, as defined in § 73.853(c) , may hold attributable interests in one LPFM station and no more than two FM translator stations, two FM booster stations, or one FM translator station and one FM booster station provided that the following requirements are met: ( 1 ) The 60 dBu contour of the LPFM station overlaps the 60 dBu contour of the commonly-owned FM translator station(s) and entirely encompasses the 60 dBu service contour of the FM booster station(s); ( 2 ) The FM translator and/or booster station(s), at all times, synchronously rebroadcasts the primary analog signal of the commonly-owned LPFM station or, if the commonly-owned LPFM station operates in hybrid mode, synchronously rebroadcasts the digital HD-1 version of the LPFM station's signal; ( 3 ) The FM translator station receives the signal of the commonly-owned LPFM station over-the-air and directly from the commonly-owned LPFM station itself. The FM booster station receives the signal of the commonly-owned LPFM station by any means authorized in § 74.1231(i) of this chapter ; ( 4 ) The transmitting antenna of the FM translator and/or booster station(s) is located within 16.1 kilometers (10 miles) for LPFM stations located in the top 50 urban markets and 32.1 kilometers (20 miles) for LPFM stations outside the top 50 urban markets of either the transmitter site of the commonly-owned LPFM station or the reference coordinates for that station's community of license; and ( 5 ) Booster stations commonly owned by LPFM stations may conduct transmissions independent of those broadcast by the primary LPFM station for a period not to exceed three minutes of each broadcast hour. This is a strict hourly limit that may not be exceeded by aggregating unused minutes of program origination. ( c ) A party that is a Tribal Applicant, as defined in § 73.853(c) , may hold attributable interests in no more than two LPFM stations and four FM translator stations provided that the requirements set forth in paragraph (b) of this section are met. ( d ) Unless such interest is permissible under paragraphs (b) or (c) of this section, a party with an attributable interest in a broadcast radio station must divest such interest prior to the commencement of operations of an LPFM station in which the party also holds an interest. However, a party need not divest such an attributable interest if the party is a college or university that can certify that the existing broadcast radio station is not student run. This exception applies only to parties that: ( 1 ) Are accredited educational institutions; ( 2 ) Own an attributable interest in non-student run broadcast stations; and ( 3 ) Apply for an authorization for an LPFM station that will be managed and operated on a day-to-day basis by students of the accredited educational institution. ( e ) No LPFM licensee may enter into an operating agreement of any type, including a time brokerage or management agreement, with either a full power broadcast station or another LPFM station. [ 78 FR 2107 , Jan. 9, 2013, as amended at 85 FR 35573 , June 11, 2020; 89 FR 26702 , Apr. 16, 2024] § 73.865 Assignment and transfer of LPFM permits and licenses. ( a ) Assignment/transfer. No party may assign or transfer an LPFM permit or license if: ( 1 ) Consideration promised or received exceeds the legitimate and prudent expenses of the assignor or transferor. For purposes of this section, legitimate and prudent expenses are those expenses reasonably incurred by the assignor or transferor in obtaining and constructing the station (e.g., expenses in preparing an application, in obtaining and installing broadcast equipment to be assigned or transferred, etc.). Costs incurred in operating the station are not recoverable (e.g., rent, salaries, utilities, music licensing fees, etc.); ( 2 ) The assignee or transferee is incapable of satisfying all eligibility criteria that apply to a LPFM licensee; or ( 3 ) For a period of time commencing with the grant of any construction permit awarded based on the comparative point system, § 73.872 , and continuing until the station has achieved at least four years of on-air operations: ( i ) ( A ) The assignee or transferee cannot meet or exceed the points awarded to the initial applicant; or ( B ) Where the original LPFM construction permit was issued based on a point system tie-breaker, the assignee or transferee does not have a “locally established date,” as defined in § 73.853(b) , that is the same as, or earlier than, the date of the most recently established local applicant in the tied mutually exclusive (MX) group. ( ii ) Any successive applicants proposing to assign or transfer the construction permit or license prior to the end of the aforementioned period will be required to make the same demonstrations. This restriction does not apply to construction permits that are awarded to non-mutually exclusive applicants or through settlement. ( b ) Name change. A change in the name of an LPFM permittee or licensee where no change in ownership or control is involved may be accomplished by written notification by the permittee or licensee to the Commission. ( c ) Holding period. A construction permit cannot be assigned or transferred for 18 months from the date of issue. ( d ) Board changes. Notwithstanding the other provisions in this section, transfers of control involving a sudden or gradual change of more than 50 percent of an LPFM's governing board are not prohibited, provided that the mission of the entity remains the same and the requirements of paragraph (a) of this section are satisfied. Sudden majority board changes shall be submitted as a pro forma ownership change within 30 days of the change or final event that caused the LPFM permittee or licensee to exceed the 50 percent threshold. [ 85 FR 7889 , Feb. 12, 2020] § 73.870 Processing of LPFM broadcast station applications. ( a ) A minor change for an LPFM station authorized under this subpart is limited to transmitter site relocations not exceeding 11.2 kilometers or where the 60 dBu contour of the authorized facility overlaps the 60 dBu contour of the proposed facility. These distance limitations do not apply to amendments or applications proposing transmitter site relocation to a common location filed by applicants that are parties to a voluntary time-sharing agreement with regard to their stations pursuant to § 73.872(c) and (e) . These distance limitations also do not apply to an amendment or application proposing transmitter site relocation to a common location or a location very close to another station operating on a third-adjacent channel in order to remediate interference to the other station; provided, however, that the proposed relocation is consistent with all localism certifications made by the applicant in its original application for the LPFM station. Minor changes of LPFM stations may include: ( 1 ) Changes in frequency to adjacent or IF frequencies (± 1, 2, 3, 53 or 54 channels) or, upon a technical showing of reduced interference, to any frequency; and ( 2 ) Amendments to time-sharing agreements, including universal agreements that supersede involuntary arrangements. ( b ) The Commission will specify by Public Notice a window filing period for applications for new LPFM stations and major modifications in the facilities of authorized LPFM stations. LPFM applications for new facilities and for major modifications in authorized LPFM stations will be accepted only during the appropriate window. Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the deadline will be dismissed with prejudice as untimely. ( c ) Applications subject to paragraph (b) of this section that fail to meet the § 73.807 minimum distance separations with respect to all applications and facilities in existence as the date of the pertinent public notice in paragraph (b) of this section other than to LPFM station facilities proposed in applications filed in the same window, will be dismissed without any opportunity to amend such applications. ( d ) Following the close of the window, the Commission will issue a Public Notice of acceptance for filing of applications submitted pursuant to paragraph (b) of this section that meet technical and legal requirements and that are not in conflict with any other application filed during the window. Following the close of the window, the Commission also will issue a Public Notice of the acceptance for filing of all applications tentatively selected pursuant to the procedures for mutually exclusive LPFM applications set forth at § 73.872 . Petitions to deny such applications may be filed within 30 days of such public notice and in accordance with the procedures set forth at § 73.3584 . A copy of any petition to deny must be served on the applicant. ( e ) Minor change LPFM applications may be filed at any time, unless restricted by the staff, and generally, will be processed in the order in which they are tendered. Such applications must meet all technical and legal requirements applicable to new LPFM station applications. ( f ) New entrants seeking to apply for unused or unwanted time on a time-sharing frequency will only be accepted during an open filing window, specified pursuant to paragraph (b) of this section. [ 65 FR 7640 , Feb. 15, 2000, as amended at 65 FR 67304 , Nov. 9, 2000; 70 FR 39186 , July 7, 2005; 73 FR 3217 , Jan. 17, 2008; 78 FR 2108 , Jan. 9, 2013; 85 FR 35574 , June 11, 2020] § 73.871 Amendment of LPFM broadcast station applications. ( a ) New and major change applications may be amended without limitation during the pertinent filing window. ( b ) Amendments that would improve the comparative position of new and major change applications will not be accepted after the close of the pertinent filing window. ( c ) Only minor amendments to new and major change applications will be accepted after the close of the pertinent filing window. Subject to the provisions of this section, such amendments may be filed as a matter of right by the date specified in the FCC's Public Notice announcing the acceptance of such applications. For the purposes of this section, minor amendments are limited to: ( 1 ) Site relocations of 11.2 kilometers or less; ( 2 ) Site relocations that involve overlap between the 60 dBu service contours of the currently authorized and proposed facilities; ( 3 ) Changes in ownership where the original party or parties to an application either: ( i ) Retain more than a 50 percent ownership interest in the application as originally filed; ( ii ) Retain an ownership interest of 50 percent or less as the result of governing board changes in a nonstock or membership applicant that occur over a period of six months or more; or ( iii ) Retain an ownership interest of 50 percent or less as the result of governing board changes in a nonstock or membership applicant that occur over a period of less than six months and there is no evidence of a takeover concern or a significant effect on such organization's mission. All changes in a governmental applicant are considered minor; ( 4 ) Universal voluntary time-sharing agreements to apportion vacant time among the licensees; ( 5 ) Other changes in general and/or legal information; ( 6 ) Filings proposing transmitter site relocation to a common location submitted by applications that are parties to a voluntary time-sharing agreement with regard to their stations pursuant to § 73.872 (c) and (e) ; and ( 7 ) Filings proposing transmitter site relocation to a common location or a location very close to another station operating on a third-adjacent channel in order to remediate interference to the other station. ( d ) Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. [ 66 FR 23863 , May 10, 2001, as amended at 70 FR 39186 , July 7, 2005; 73 FR 3217 , Jan. 17, 2008; 78 FR 2108 , Jan. 9, 2013; 85 FR 7889 , Feb. 12, 2020; 85 FR 35574 , June 11, 2020] § 73.872 Selection procedure for mutually exclusive LPFM applications. ( a ) Following the close of each window for new LPFM stations and for modifications in the facilities of authorized LPFM stations, the Commission will issue a public notice identifying all groups of mutually exclusive applications. Such applications will be awarded points to determine the tentative selectee. Unless resolved by settlement pursuant to paragraph (e) of this section, the tentative selectee will be the applicant within each group with the highest point total under the procedure set forth in this section, except as provided in paragraphs (c) and (d) of this section . ( b ) Each mutually exclusive application will be awarded one point for each of the following criteria, based on certifications that the qualifying conditions are met and submission of any required documentation: ( 1 ) Established community presence. An applicant must, for a period of at least two years prior to application and at all times thereafter, have qualified as local pursuant to § 73.853(b) . Applicants claiming a point for this criterion must submit any documentation specified in FCC Form 318 at the time of filing their applications. ( 2 ) Local program origination. The applicant must pledge to originate locally at least eight hours of programming per day. For purposes of this criterion, local origination is the production of programming by the licensee, within ten miles of the coordinates of the proposed transmitting antenna. Local origination includes licensee produced call-in shows, music selected and played by a disc jockey present on site, broadcasts of events at local schools, and broadcasts of musical performances at a local studio or festival, whether recorded or live. Local origination does not include the broadcast of repetitive or automated programs or time-shifted recordings of non-local programming whatever its source. In addition, local origination does not include a local program that has been broadcast twice, even if the licensee broadcasts the program on a different day or makes small variations in the program thereafter. ( 3 ) Main studio. The applicant must pledge to maintain a publicly accessible main studio that has local program origination capability, is reachable by telephone, is staffed at least 20 hours per week between 7 a.m. and 10 p.m., and is located within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets and 32.1 km (20 miles) for applicants outside the top 50 urban markets. Applicants claiming a point under this criterion must specify the proposed address and telephone number for the proposed main studio in FCC Form 318 at the time of filing their applications. ( 4 ) Local program origination and main studio. The applicant must make both the local program origination and main studio pledges set forth in paragraphs (b)(2) and (3) of this section. ( 5 ) Diversity of ownership. An applicant must hold no attributable interests in any other broadcast station. ( 6 ) Tribal Applicants serving Tribal Lands. The applicant must be a Tribal Applicant, as defined in § 73.853(c) , and the proposed site for the transmitting antenna must be located on that Tribal Applicant's “Tribal Lands,” as defined in § 73.7000 . Applicants claiming a point for this criterion must submit the documentation set forth in FCC Form 318 at the time of filing their applications. ( c ) Voluntary time-sharing. If mutually exclusive applications have the same point total, no more than three of the tied applicants may propose to share use of the frequency by electronically submitting, within 90 days of the release of a public notice announcing the tie, a time-share proposal. Such proposals shall be treated as minor amendments to the time-share proponents' applications and shall become part of the terms of the station authorization. Where such proposals include all of the tied applications, all of the tied applications will be treated as tentative selectees; otherwise, time-share proponents' points will be aggregated. Applicants may agree, at any time before the Media Bureau implements the involuntary time-share procedures pursuant to paragraph (d) of this section, to aggregate their points to enter into a time-share agreement. Applicants can only aggregate their points and submit a time-share agreement if each is designated a tentative selectee in the same mutually exclusive group, and if each applicant has the basic qualifications to receive a grant of its application. ( 1 ) Time-share proposals shall be in writing and signed by each time-share proponent, and shall satisfy the following requirements: ( i ) The proposal must specify the proposed hours of operation of each time-share proponent; ( ii ) The proposal must not include simultaneous operation of the time-share proponents; and ( iii ) Each time-share proponent must propose to operate for at least 10 hours per week. ( 2 ) Where a station is authorized pursuant to a time-sharing proposal, a change of the regular schedule set forth therein will be permitted only where a written agreement signed by each time-sharing permittee or licensee and complying with requirements in paragraphs (c)(1)(i) through (iii) of this section is filed with the Commission, Attention: Audio Division, Media Bureau, prior to the date of the change. ( 3 ) Where a station is authorized pursuant to a voluntary time-sharing proposal, the parties to the time-sharing agreement may apportion among themselves any air time that, for any reason, becomes vacant. ( 4 ) Concurrent license terms granted under paragraph (d) of this section may be converted into voluntary time-sharing arrangements renewable pursuant to § 73.3539 by submitting a universal time-sharing proposal. ( 5 ) In the event a tentatively accepted time-share agreement is dismissed, the Commission staff will release another public notice, initiating a second 90-day period for all remaining tentative selectees within the affected MX group to enter into either a voluntary time-share arrangement or a universal settlement in accordance with paragraph (c) or (e) of this section. If the tie is not resolved in accordance with paragraph (c) or (e) of this section, the tied applications will be reviewed for acceptability, and applicants with tied, grantable applications will be eligible for involuntary time-sharing in accordance with paragraph (d) of this section. ( d ) Involuntary time-sharing. ( 1 ) If a tie among mutually exclusive applications is not resolved through voluntary time-sharing in accordance with paragraph (c) of this section, the tied applications will be reviewed for acceptability. Applicants with tied, grantable applications will be eligible for equal, concurrent, non-renewable license terms. ( 2 ) If a mutually exclusive group has three or fewer tied, grantable applications, the Commission will simultaneously grant these applications, assigning an equal number of hours per week to each applicant. The Commission will determine the hours assigned to each applicant by first assigning hours to the applicant that has been local, as defined in § 73.853(b) , for the longest uninterrupted period of time, then assigning hours to the applicant that has been local for the next longest uninterrupted period of time, and finally assigning hours to any remaining applicant. The Commission will offer applicants an opportunity to voluntarily reach a time-sharing agreement. In the event that applicants cannot reach such agreement, the Commission will require each applicant subject to involuntary time-sharing to simultaneously and confidentially submit their preferred time slots to the Commission. If there are only two tied, grantable applications, the applicants must select between the following 12-hour time slots 3 a.m.-2:59 p.m., or 3 p.m.-2:59 a.m. If there are three tied, grantable applications, each applicant must rank their preference for the following 8-hour time slots: 2 a.m.-9:59 a.m., 10 a.m.-5:59 p.m., and 6 p.m.-1:59 a.m. The Commission will require the applicants to certify that they did not collude with any other applicants in the selection of time slots. The Commission will give preference to the applicant that has been local for the longest uninterrupted period of time. The Commission will award time in units as small as four hours per day. In the event an applicant neglects to designate its preferred time slots, staff will select a time slot for that applicant. ( 3 ) Groups of more than three tied, grantable applications will not be eligible for licensing under this section. Where such groups exist, the Commission will dismiss all but the applications of the three applicants that have been local, as defined in § 73.853(b) , for the longest uninterrupted periods of time. The Commission then will process the remaining applications as set forth in paragraph (d)(2) of this section. ( 4 ) If concurrent license terms granted under this section are converted into universal voluntary time-sharing arrangements pursuant to paragraph (c)(4) of this section, the permit or license is renewable pursuant to §§ 73.801 and 73.3539 . ( e ) Settlements. Mutually exclusive applicants may propose a settlement at any time during the selection process after the release of a public notice announcing the mutually exclusive groups. Settlement proposals must comply with the Commission's rules and policies regarding settlements, including the requirements of §§ 73.3525 , 73.3588 and 73.3589 . Settlement proposals may include time-share agreements that comply with the requirements of paragraph (c) of this section, provided that such agreements may not be filed for the purpose of point aggregation outside of the 90 day period set forth in paragraph (c) of this section. [ 65 FR 7640 , Feb. 15, 2000, as amended at 65 FR 67304 , Nov. 9, 2000; 67 FR 13232 , Mar. 21, 2002; 73 FR 3217 , Jan. 17, 2008; 78 FR 2108 , Jan. 9, 2013; 85 FR 7889 , Feb. 12, 2020] § 73.873 LPFM license period. ( a ) Initial licenses for LPFM stations will be issued for a period running until the date specified in § 73.1020 for full service stations operating in the LPFM station's state or territory, or if issued after such date, determined in accordance with § 73.1020 . ( b ) The license of an LPFM station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. [ 78 FR 2109 , Jan. 9, 2013] § 73.875 Modification of transmission systems. The following procedures and restrictions apply to licensee modifications of authorized broadcast transmission system facilities. ( a ) The following changes are prohibited: ( 1 ) Those that would result in the emission of signals outside of the authorized channel exceeding limits prescribed for the class of service. ( 2 ) Those that would cause the transmission system to exceed the equipment performance measurements prescribed in § 73.508 . ( b ) The following changes may be made only after the grant of a construction permit application on FCC Form 318. ( 1 ) Any construction of a new tower structure for broadcast purposes, except for replacement of an existing tower with a new tower of identical height and geographic coordinates. ( 2 ) Any change in station geographic coordinates, including coordinate corrections and any move of the antenna to another tower structure located at the same coordinates. ( 3 ) Any change in antenna height more than 2 meters above or 4 meters below the authorized value. ( 4 ) Any change in channel. ( c ) The following LPFM modifications may be made without prior authorization from the Commission. A modification of license application (FCC Form 319) must be submitted to the Commission within 10 days of commencing program test operations pursuant to § 73.1620 . For applications filed pursuant to paragraph (c)(1) of this section, the modification of license application must contain an exhibit demonstrating compliance with the Commission's radiofrequency radiation guidelines. In addition, for applications filed solely pursuant to paragraphs (c)(1) or (2) of this section, where the installation is on or near an AM tower, as defined in § 1.30002 , an exhibit demonstrating compliance with § 1.30003 or § 1.30002 , as applicable, is also required. ( 1 ) Replacement of an antenna with one of the same or different number of antenna bays, provided that the height of the antenna radiation center is not more than 2 meters above or 4 meters below the authorized values. Program test operations at the full authorized ERP may commence immediately upon installation pursuant to § 73.1620(a)(1) . ( 2 ) Replacement of a transmission line with one of a different type or length which changes the transmitter operating power (TPO) from the authorized value, but not the ERP, must be reported in a license modification application to the Commission. ( 3 ) Changes in the hours of operation of stations authorized pursuant to time-share agreements in accordance with § 73.872 . [ 65 FR 7640 , Feb. 15, 2000, as amended at 78 FR 66298 , Nov. 5, 2013] § 73.877 Station logs for LPFM stations. The licensee of each LPFM station must maintain a station log. Each log entry must include the time and date of observation and the name of the person making the entry. The following information must be entered in the station log: ( a ) Any extinguishment or malfunction of the antenna structure obstruction lighting, adjustments, repairs, or replacement to the lighting system, or related notification to the FAA. See §§ 17.48 and 73.49 of this chapter . ( b ) Brief explanation of station outages due to equipment malfunction, servicing, or replacement; ( c ) Operations not in accordance with the station license; and ( d ) EAS weekly log requirements set forth in § 11.61(a)(1)(v) of this chapter . [ 65 FR 67304 , Nov. 9, 2000] § 73.878 Station inspections by FCC; availability to FCC of station logs and records. ( a ) The licensee of a broadcast station shall make the station available for inspection by representatives of the FCC during the station's business hours, and at any time it is in operation. In the course of an inspection or investigation, an FCC representative may require special equipment or program tests. ( b ) Station records and logs shall be made available for inspection or duplication at the request of the FCC or its representatives. Such logs or records may be removed from the licensee's possession by an FCC representative or, upon request, shall be mailed by the licensee to the FCC by either registered mail, return receipt requested, or certified mail, return receipt requested. The return receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. A receipt shall be furnished when the logs or records are removed from the licensee's possession by an FCC representative and this receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. When the FCC has no further need for such records or logs, they shall be returned to the licensee. The provisions of this rule shall apply solely to those station logs and records that are required to be maintained by the provisions of this part. ( 1 ) Where records or logs are maintained as the official records of a recognized law enforcement agency and the removal of the records from the possession of the law enforcement agency will hinder its law enforcement activities, such records will not be removed pursuant to this section if the chief of the law enforcement agency promptly certifies in writing to the FCC that removal of the logs or records will hinder law enforcement activities of the agency, stating insofar as feasible the basis for his decision and the date when it can reasonably be expected that such records will be released to the FCC. § 73.879 Signal retransmission. An LPFM licensee may not retransmit, either terrestrially or via satellite, the signal of a full-power radio broadcast station. § 73.881 Equal employment opportunities. General EEO policy. Equal employment opportunity shall be afforded by all LPFM licensees and permittees to all qualified persons, and no person shall be discriminated against because of race, color , religion, national origin, or sex. Subpart H—Rules Applicable to All Broadcast Stations § 73.1001 Scope. ( a ) The rules in this subpart are common to all AM, FM, TV and Class A TV broadcast services, commercial and noncommercial. ( b ) Rules in part 73 applying exclusively to a particular broadcast service are contained in the following: AM, subpart A; FM, subpart B; Noncommercial Educational FM, subpart C; TV, subpart E; LPFM, subpart G; and Class A TV, subpart J. ( c ) Certain provisions of subpart H of this part apply to International Broadcast Stations (subpart F, part 73), LPFM (subpart G, part 73), and Low Power TV and TV Translator Stations (subpart G, part 74) where the rules for those services so provide. ( d ) The provisions of this part applying to licensees also apply to holders of construction permits (permittees). [ 43 FR 32781 , July 28, 1978, as amended at 52 FR 31399 , Aug. 20, 1987; 65 FR 7648 , Feb. 15, 2000; 65 FR 30003 , May 10, 2000; 89 FR 7253 , Feb. 1, 2024] § 73.1010 Cross reference to rules in other parts. Certain rules applicable to broadcast services, some of which are also applicable to other services, are set forth in the following Parts of the FCC Rules and Regulations. ( a ) Part 1, “Practice and Procedure.” ( 1 ) Subpart A, “General Rules of Practice and Procedure”. ( §§ 1.1 to 1.117 ). ( 2 ) Subpart B, “Hearing Proceedings”. ( §§ 1.201 to 1.364 ) ( 3 ) Subpart C, “Rulemaking Proceedings”. ( §§ 1.399 to 1.430 ). ( 4 ) Subpart G, “Schedule of Statutory Charges and Procedures for Payment”. ( §§ 1.1101 to 1.1117 .) ( 5 ) Subpart H, “Ex Parte Communications”. ( §§ 1.1200 to 1.1216 ). ( 6 ) Subpart I, “Procedures Implementing the National Environmental Policy Act of 1969”. ( §§ 1.1301 to 1.1319 ). ( 7 ) Subpart P, “Implementation of the Anti-Drug Abuse Act of 1988”. ( §§ 1.2001-1.2003 .) ( 8 ) Subpart Q, “Competitive Bidding Proceedings” ( §§ 1.2101-1.2112 ). ( 9 ) Subpart T, “Foreign Ownership of Broadcast, Common Carrier, Aeronautical En Route, and Aeronautical Fixed Radio Station Licensees”. ( §§ 1.5000 to 1.5004 ). ( 10 ) Part 1, Subpart W of this chapter , “FCC Registration Number”. ( §§ 1.8001-1.8005 ). ( b ) Part 2, “Frequency Allocations and Radio Treaty Matters, General Rules and Regulations”, including Subparts A, “Terminology”; B, “Allocation, Assignments and Use of Radio Frequencies”; C, “Emissions”; D, “Call Signs and Other Forms of Identifying Radio Transmissions”; and J, “Equipment Authorization Procedures”. ( c ) [Reserved] ( d ) Part 17, “Construction, Marking and Lighting of Antenna Structures”. ( e ) Part 74, “Experimental, Auxiliary and Special Broadcast and Other Program Distributional Services” including: ( 1 ) Subpart A, “Experimental Broadcast Stations”; ( 2 ) Subpart D, “Remote Pickup Broadcast Stations”; ( 3 ) Subpart E, “Aural Broadcast Auxiliary Stations”; ( 4 ) Subpart F, “Television Broadcast Auxiliary Stations”; ( 5 ) Subpart G, “Low Power TV, TV Translator and TV Booster Stations”; ( 6 ) Subpart H, “Low Power Auxiliary Stations”; ( 7 ) Subpart L, “FM Broadcast Translator Stations and FM Broadcast Booster Stations”. [ 53 FR 2498 , Jan. 28, 1988, as amended at 57 FR 48333 , Oct. 23, 1992; 60 FR 55480 , Nov. 1, 1995; 63 FR 48622 , Sept. 11, 1998; 66 FR 47896 , Sept. 14, 2001; 69 FR 72043 , Dec. 10, 2004; 76 FR 70911 , Nov. 16, 2011; 81 FR 86613 , Dec. 1, 2016] § 73.1015 Truthful written statements and responses to Commission inquiries and correspondence. The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to amend the Table of FM Allotments or Table of TV Allotments, require from any person filing an expression of interest, written statements of fact relevant to that allotment proceeding. Any such statements of fact are subject to the provisions of § 1.17 of this chapter . [ 89 FR 7253 , Feb. 1, 2024] § 73.1020 Station license period. ( a ) Initial licenses for broadcast stations will ordinarily be issued for a period running until the date specified in this section for the State or Territory in which the station is located. If issued after such date, it will run to the next renewal date determined in accordance with this section. Both radio and TV broadcasting stations will ordinarily be renewed for 8 years. However, if the FCC finds that the public interest, convenience and necessity will be served thereby, it may issue either an initial license or a renewal thereof for a lesser term. The time of expiration of normally issued initial and renewal licenses will be 3 a.m., local time, on the following dates and thereafter at 8-year intervals for radio and TV broadcast stations located in: ( 1 ) Maryland, District of Columbia, Virginia and West Virginia: ( i ) Radio stations, October 1, 2027. ( ii ) Television stations, October 1, 2028. ( 2 ) North Carolina and South Carolina: ( i ) Radio stations, December 1, 2027. ( ii ) Television stations, December 1, 2028. ( 3 ) Florida, Puerto Rico and the Virgin Islands: ( i ) Radio stations, February 1, 2028. ( ii ) Television stations, February 1, 2029. ( 4 ) Alabama and Georgia: ( i ) Radio stations, April 1, 2028. ( ii ) Television stations, April 1, 2029. ( 5 ) Arkansas, Louisiana and Mississippi: ( i ) Radio stations, June 1, 2028. ( ii ) Television stations, June 1, 2029. ( 6 ) Tennessee, Kentucky and Indiana: ( i ) Radio stations, August 1, 2028. ( ii ) Television stations, August 1, 2029. ( 7 ) Ohio and Michigan: ( i ) Radio stations, October 1, 2028. ( ii ) Television stations, October 1, 2029. ( 8 ) Illinois and Wisconsin: ( i ) Radio stations, December 1, 2028. ( ii ) Television stations, December 1, 2029. ( 9 ) Iowa and Missouri: ( i ) Radio stations, February 1, 2029. ( ii ) Television stations, February 1, 2030. ( 10 ) Minnesota, North Dakota, South Dakota, Montana and Colorado: ( i ) Radio stations, April 1, 2029. ( ii ) Television stations, April 1, 2030. ( 11 ) Kansas, Oklahoma and Nebraska: ( i ) Radio stations, June 1, 2029. ( ii ) Television stations, June 1, 2030. ( 12 ) Texas: ( i ) Radio stations, August 1, 2029. ( ii ) Television stations, August 1, 2030. ( 13 ) Wyoming, Nevada, Arizona, Utah, New Mexico and Idaho: ( i ) Radio stations, October 1, 2029. ( ii ) Television stations, October 1, 2030. ( 14 ) California: ( i ) Radio stations, December 1, 2029. ( ii ) Television stations, December 1, 2030. ( 15 ) Alaska, American Samoa, Guam, Hawaii, Mariana Islands, Oregon and Washington: ( i ) Radio stations, February 1, 2030. ( ii ) Television stations, February 1, 2031. ( 16 ) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont: ( i ) Radio stations, April 1, 2030. ( ii ) Television stations, April 1, 2031. ( 17 ) New Jersey and New York: ( i ) Radio stations, June 1, 2030. ( ii ) Television stations, June 1, 2031. ( 18 ) Delaware and Pennsylvania: ( i ) Radio stations, August 1, 2030. ( ii ) Television stations, August 1, 2031. ( b ) For the deadline for filing petitions to deny renewal applications, see § 73.3516(e) . ( c ) The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 49 FR 4382 , Feb. 6, 1984, as amended at 52 FR 25604 , July 8, 1987; 59 FR 63051 , Dec. 7, 1994; 61 FR 18291 , Apr. 25, 1996; 61 FR 28767 , June 6, 1996; 62 FR 5347 , Feb. 5, 1997; 76 FR 20249 , Apr. 12, 2011; 89 FR 7253 , Feb. 1, 2024] § 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. ( a ) ( 1 ) Radio astronomy and radio research installations. In order to minimize harmful interference at the National Radio Astronomy Observatory site located at Green, Pocahontas County, West Virginia, and at the Naval Radio Research Observatory at Sugar Grove, Pendleton County, West Virginia, a licensee proposing to operate a short-term broadcast auxiliary station pursuant to § 74.24 of this chapter , and any applicant for authority to construct a new broadcast station, or for authority to make changes in the frequency, power, antenna height, or antenna directivity of an existing station within the area bounded by 39°15′ N on the north, 78°30′ W on the east, 37°30′ N on the south, and 80°30′ W on the west, shall notify the Interference Office, National Radio Astronomy Observatory, P.O. Box 2, Green Bank, West Virginia 24944. Telephone: (304) 456-2011; Email: nrqz@nrao.edu . The notification shall be in writing and set forth the particulars of the proposed station, including the geographical coordinates of the antenna, antenna height, antenna directivity if any, proposed frequency, type of emission and power. The notification shall be made prior to, or simultaneously with, the filing of the application with the Commission. After receipt of such applications, the FCC will allow a period of 20 days for comments or objections in response to the notifications indicated. If an objection to the proposed operation is received during the 20-day period from the National Radio Astronomy Observatory for itself, or on behalf of the Naval Radio Research Observatory, the FCC will consider all aspects of the problem and take whatever action is deemed appropriate. ( 2 ) Any applicant for a new permanent base or fixed station authorization to be located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra, or for a modification of an existing authorization which would change the frequency, power, antenna height, directivity, or location of a station on these islands and would increase the likelihood of the authorized facility causing interference, shall notify the Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, in writing or electronically, of the technical parameters of the proposal. Applicants may wish to consult interference guidelines, which will be provided by Cornell University. Applicants who choose to transmit information electronically should e-mail to: prcz@naic.edu . ( i ) The notification to the Interference Office, Arecibo Observatory shall be made prior to, or simultaneously with, the filing of the application with the Commission. The notification shall state the geographical coordinates of the antenna (NAD-83 datum), antenna height above ground, ground elevation at the antenna, antenna directivity and gain, proposed frequency and FCC Rule Part, type of emission, and effective radiated power. ( ii ) After receipt of such applications, the Commission will allow the Arecibo Observatory a period of 20 days for comments or objections in response to the notification indicated. The applicant will be required to make reasonable efforts to resolve or mitigate any potential interference problem with the Arecibo Observatory and to file either an amendment to the application or a modification application, as appropriate. The Commission shall determine whether an applicant has satisfied its responsibility to make reasonable efforts to protect the Observatory from interference. ( b ) Radio receiving installations. Protection for Table Mountain Radio Receiving Zone, Boulder County, Colorado: Applicants for a station authorization to operate in the vicinity of Boulder County, Colorado under this Part are advised to give due consideration, prior to filing applications, to the need to protect the Table Mountain Radio Receiving Zone from harmful interference. These are the research laboratories of the Department of Commerce, Boulder County, Colorado. To prevent degradation of the present ambient radio signal level at the site, the Department of Commerce seeks to ensure that the field strengths of any radiated signals (excluding reflected signals) received on this 1800 acre site (within the area bounded by 40°09′10″ N Latitude on the north, 105°13′31″ W Longitude on the east, 40°07′05″ N Latitude on the south, and 105°15′13″ W Longitude on the west) resulting from new assignments (other than mobile stations) or from the modification of relocation of existing facilities do not exceed the following values: Frequency range Field strength in authorized bandwidth of service (mV/m) Power flux density in authorized bandwidth of service (dBW/m 2 ) 1 Below 540 kHz 10 −65.8 540 to 1700 kHz 20 −59.8 1.7 to 470 MHz 10 2 −65.8 470 to 890 MHz 30 2 −56.2 Above 890 MHz 1 2 −85.8 1 Equivalent values of power flux density are calculated assuming free space characteristic impedance of 376.7 = 120 ohms. 2 Space stations shall conform to the power flux density limits at the earth's surface specified in appropriate parts of the FCC rules, but in no case should exceed the above levels in any 4 kHz band for all angles of arrival. ( 1 ) Advance consultation is recommended particularly for those applicants who have no reliable data which indicates whether the field strength or power flux density figures in the above table would be exceeded by their proposed radio facilities (except mobile stations). In such instances, the following is a suggested guide for determining whether coordination is recommended: ( i ) All stations within 2.4 km (1.5 statute miles); ( ii ) Stations within 4.8 km (3 statute miles) with 50 watts or more effective radiated power (ERP) in the primary plane polarization in the azimuthal direction of the Table Mountain Radio Receiving Zone; ( iii ) Stations within 16 km (10 statute miles) with 1 kW or more ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Receiving Zone; ( iv ) Stations within 80 km (50 statute miles) with 25 kW or more ERP in the primary plane polarization in the azimuthal direction of Table Mountain Receiving Zone. ( 2 ) Applicants concerned are urged to communicate with the Radio Frequency Management Coordinator, Institute for Telecommunication Sciences, 325 Broadway, Boulder, CO 80305; telephone (303) 497-4220, email frequencymanager@ntia.gov , in advance of filing their applications with the Commission. ( 3 ) The Commission will not screen applications to determine whether advance consultation has taken place. However, applicants are advised that such consultation can avoid objectimns from the Department of Commerce or proceedings to modify any authorization which may be granted which, in fact, delivers a signal at the site in excess of the field strength specified herein. ( c ) Protection for Federal Communications Commission monitoring stations. ( 1 ) Applicants in the vicinity of a FCC monitoring station for a radio station authorization to operate new transmitting facilities or changed transmitting facilities which would increase the field strength produced over the monitoring station in excess of that previously authorized are advised to give consideration, prior to filing applications, to the possible need to protect the FCC stations from harmful interference. Geographical coordinates of the facilities which require protection are listed in § 0.121(c) of the FCC rules. Applications for stations (except mobile stations) which will produce on any frequency a direct wave fundamental field strength of greater than 10 mV/m in the authorized bandwidth of service (−65.8 dBW/m 2 power flux density assuming a free space characteristic impedance of 120 π ohms) at the referenced coordinates, may be examined to determine extent of possible interference. Depending on the theoretical field strength value and existing root-sum-square or other ambient radio field signal levels at the indicated coordinates, a clause protecting the monitoring station may be added to the station authorization. ( 2 ) In the event that calculated value of expected field exceeds 10 mV/m (−65.8 dBW/m2) at the reference coordinates, or if there is any question whether field strength levels might exceed the threshold value, advance consultation with the FCC to discuss any protection necessary should be considered. Prospective applicants may communicate with the Public Safety and Homeland Security Bureau. ( 3 ) Advance consultation is suggested particularly for those applicants who have no reliable data which indicates whether the field strength or power flux density figure indicated would be exceeded by their proposed radio facilities (except mobile stations). In such instances, the following is a suggested guide for determining whether an applicant should coordinate: ( i ) All stations within 2.4 kilometers (1.5 statute miles); ( ii ) Stations within 4.8 kilometers (3 statute miles) with 50 watts or more average effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the Monitoring Stations. ( iii ) Stations within 16 kilometers (10 statute miles) with 1 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the Monitoring Station; ( iv ) Stations within 80 kilometers (50 statute miles) with 25 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the Monitoring Station; ( 4 ) Advance coordination for stations operating above 1000 MHz is recommended only where the proposed station is in the vicinity of a monitoring station designated as a satellite monitoring facility in § 0.121(c) of the Commission's Rules and also meets the criteria outlined in paragraphs (b) (2) and (3) of this section. ( 5 ) The Commission will not screen applications to determine whether advance consultation has taken place. However, applicants are advised that such consultation can avoid objections from the Federal Communications Commission or modification of any authorization which will cause harmful interference. [ 43 FR 32782 , July 28, 1978, as amended at 44 FR 77167 , Dec. 31, 1979; 47 FR 9221 , Mar. 4, 1982; 50 FR 39003 , Sept. 26, 1985; 52 FR 25867 , July 9, 1987; 52 FR 36879 , Oct. 1, 1987; 52 FR 37789 , Oct. 9, 1987; 56 FR 64872 , Dec. 12, 1991; 61 FR 8477 , Mar. 5, 1996; 62 FR 55532 , Oct. 27, 1997; 63 FR 70048 , Dec. 18, 1998; 70 FR 31373 , June 1, 2005; 80 FR 53750 , Sept. 8, 2015; 89 FR 7253 , Feb. 1, 2024] § 73.1120 Station location. Each AM, FM, TV and Class A TV broadcast station will be licensed to the principal community or other political subdivision which it primarily serves. This principal community (city, town or other political subdivision) will be considered to be the geographical station location. [ 65 FR 30003 , May 10, 2000] § 73.1125 Station telephone number. Each AM, FM, TV, and Class A TV broadcast station shall maintain a local telephone number in its community of license or a toll-free number. [ 82 FR 57882 , Dec. 8, 2017] § 73.1150 Transferring a station. ( a ) In transferring a broadcast station, the licensee may retain no right of reversion of the license, no right to reassignment of the license in the future, and may not reserve the right to use the facilities of the station for any period whatsoever. ( b ) No license, renewal of license, assignment of license or transfer of control of a corporate licensee will be granted or authorized if there is a contract, arrangement or understanding, express or implied, pursuant to which, as consideration or partial consideration for the assignment or transfer, such rights, as stated in paragraph (a) of this section, are retained. ( c ) Licensees and/or permittees authorized to operate in the 535-1605 kHz and in the 1605-1705 kHz band pursuant to the Report and Order in MM Docket No. 87-267 will not be permitted to assign or transfer control of the license or permit for a single frequency during the period that joint operation is authorized. ( d ) Authorizations awarded pursuant to the noncommercial educational point system in subpart K are subject to the holding period in § 73.7005 . Applications for an assignment or transfer filed prior to the end of the holding period must demonstrate the factors enumerated therein. [ 44 FR 58720 , Oct. 11, 1979, as amended at 56 FR 64872 , Dec. 12, 1991; 65 FR 36378 , June 8, 2000] § 73.1201 Station identification. ( a ) When regularly required. Broadcast station identification announcements shall be made: ( 1 ) At the beginning and ending of each time of operation, and ( 2 ) Hourly, as close to the hour as feasible, at a natural break in program offerings. Television and Class A television broadcast stations may make these announcements visually or aurally. ( b ) Content. ( 1 ) Official station identification shall consist of the station's call letters immediately followed by the community or communities specified in its license as the station's location; Provided, That the name of the licensee, the station's frequency, the station's channel number, as stated on the station's license, and/or the station's network affiliation may be inserted between the call letters and station location. TV stations, or DAB Stations, choosing to include the station's channel number in the station identification must use the station's major channel number and may distinguish multicast program streams. For example, a TV station with major channel number 26 may use 26.1 to identify an HDTV program service and 26.2 to identify an SDTV program service. A TV station that is devoting one of its multicast streams to transmit the programming of another television licensee must identify itself and may also identify the licensee that it is transmitting. If a TV station in this situation chooses to identify the station that is the source of the programming it is transmitting, it must use the following format: Station WYYY, community of license (call sign and community of license of the station whose multicast stream is transmitting the programming), bringing you WXXX, community of license (call sign and community of license of the licensee providing the programming). The transmitting station may insert between its call letters and its community of license the following information: the frequency of the transmitting station, the channel number of the transmitting station, the name of the licensee of the transmitting station and the licensee providing the programming, and/or the name of the network of either station. Where a multicast station is carrying the programming of another station and is identifying that station as the source of the programming, using the format described above, the identification may not include the frequency or channel number of the program source. A radio station operating in DAB hybrid mode or extended hybrid mode shall identify its digital signal, including any free multicast audio programming streams, in a manner that appropriately alerts its audience to the fact that it is listening to a digital audio broadcast. No other insertion between the station's call letters and the community or communities specified in its license is permissible. ( 2 ) A station may include in its official station identification the name of any additional community or communities, but the community to which the station is licensed must be named first. ( c ) Channel — ( 1 ) General. Except as otherwise provided in this paragraph, in making the identification announcement the call letters shall be given only on the channel, or channels in the case of a broadcaster that is multicasting more than a single channel, identified thereby. ( 2 ) Simultaneous AM (535-1605 kHz) and AM (1605-1705 kHz broadcasts. If the same licensee operates an AM broadcast station in the 535-1605 kHz band and an AM broadcast station in the 1605-1705 kHz band with both stations licensed to the same community and simultaneously broadcasts the same programs over the facilities of both such stations, station identification announcements may be made jointly for both stations for periods of such simultaneous operations. ( 3 ) Satellite operation. When programming of a broadcast station is rebroadcast simultaneously over the facilities of a satellite station, the originating station may make identification announcements for the satellite station for periods of such simultaneous operation. ( i ) In the case of a television broadcast station, such announcements, in addition to the information required by paragraph (b)(1) of this section, shall include the number of the channel on which each station is operating. ( ii ) In the case of aural broadcast stations, such announcements, in addition to the information required by paragraph (b)(1) of this section, shall include the frequency on which each station is operating. ( d ) [Reserved] ( e ) Transport Stream ID (TSID) values are identification numbers assigned to stations by the FCC and stored in the Commission's online database. Two sequential values are assigned to each station. ( 1 ) All TV and Class A TV stations shall transmit their assigned odd-numbered TSID. ( 2 ) In ATSC 3.0, a similar value is used called a Bit Stream ID (BSID). Stations operating in ATSC 3.0 mode shall utilize their assigned even-numbered TSID as their BSID, consistent with paragraph (e)(1) of this section. [ 34 FR 19762 , Dec. 17, 1969, as amended at 37 FR 23726 , Nov. 8, 1972; 39 FR 6707 , Feb. 22, 1974; 39 FR 9442 , Mar. 11, 1974; 41 FR 29394 , July 16, 1976; 47 FR 3791 , Jan. 27, 1982; 48 FR 51308 , Nov. 8, 1983; 56 FR 64872 , Dec. 12, 1991; 65 FR 30003 , May 10, 2000; 69 FR 59535 , Oct. 4, 2004; 72 FR 45693 , Aug. 15, 2007; 73 FR 5684 , Jan. 30, 2008; 76 FR 71269 , Nov. 17, 2011; 89 FR 7254 , Feb. 1, 2024] § 73.1202 [Reserved] § 73.1206 Broadcast of telephone conversations. Before recording a telephone conversation for broadcast, or broadcasting such a conversation simultaneously with its occurrence, a licensee shall inform any party to the call of the licensee's intention to broadcast the conversation, except where such party is aware, or may be presumed to be aware from the circumstances of the conversation, that it is being or likely will be broadcast. Such awareness is presumed to exist only when the other party to the call is associated with the station (such as as employee or part-time reporter), or where the other party originates the call and it is obvious that it is in connection with a program in which the station customarily broadcasts telephone conversations. [ 35 FR 7733 , May 20, 1970] § 73.1207 Rebroadcasts. ( a ) The term rebroadcast means reception by radio of the programs or other transmissions of a broadcast or any other type of radio station, and the simultaneous or subsequent retransmission of such programs or transmissions by a broadcast station. ( 1 ) As used in this section, “program” includes any complete programs or part thereof. ( 2 ) The transmission of a program from its point of origin to a broadcast station entirely by common carrier facilities, whether by wire line or radio, is not considered a rebroadcast. ( 3 ) The broadcasting of a program relayed by a remote pickup broadcast station is not considered a rebroadcast. ( b ) No broadcast station may retransmit the program, or any part thereof, of another U.S. broadcast station without the express authority of the originating station. A copy of the written consent of the licensee originating the program must be kept by the licensee of the station retransmitting such program and made available to the FCC upon request. ( 1 ) Stations originating emergency communications under a State EAS plan are considered to have conferred rebroadcast authority to other participating stations. ( 2 ) Permission must be obtained from the originating station to rebroadcast any subsidiary communications transmitted by means of a multiplex subcarrier. ( 3 ) Programs originated by the Voice of America (VOA) and the Armed Forces Radio and Television Services (AFRTS) cannot, in general, be cleared for domestic rebroadcast, and may therefore be retransmitted only by special arrangements among the parties concerned. ( 4 ) Except as otherwise provided by international agreement, programs originated by foreign broadcast stations may be retransmitted without the consent of the originating station. ( c ) The transmissions of non-broadcast stations may be rebroadcast under the following conditions: ( 1 ) Messages originated by privately-owned non-broadcast stations other than those in the Amateur and CB Radio Services may be broadcast only upon receipt of prior permission from the non-broadcast licensee. Additionally, messages transmitted by common carrier stations may be rebroadcast only upon prior permission of the originator of the message as well as the station licensee. ( 2 ) Except as provided in paragraph (d) of this section, messages originated entirely by non-broadcast stations owned and operated by the Federal Government may be rebroadcast only upon receipt of prior permission from the government agency originating the messages. ( 3 ) Messages originated by stations in the Amateur and CB Radio Services may be rebroadcast at the discretion of broadcast station licensees. ( 4 ) Emergency communications originated under a State EAS plan. ( d ) The rebroadcasting of time signals originated by the Naval Observatory and the National Bureau of Standards and messages from the National Weather Service stations is permitted without specific authorization under the following procedures: ( 1 ) Naval Observatory Time Signals. ( i ) The time signals rebroadcast must be obtained by direct radio reception from a naval radio station, or by land line circuits. ( ii ) Announcement of the time signal must be made without reference to any commercial activity. ( iii ) Identification of the Naval Observatory as the source of the time signal must be made by an announcement, substantially as follows: “With the signal, the time will be . . . courtesy of the U.S. Naval Observatory.” ( iv ) Schedules of time signal broadcasts may be obtained upon request from the Superintendent, U.S. Naval Observatory, Washington, DC 20390. ( 2 ) National Bureau of Standards Time Signals. ( i ) Time signals for rebroadcast must be obtained by direct radio reception from a National Bureau of Standards (NBS) station. ( ii ) Use of receiving and rebroadcasting equipment must not delay the signals by more than 0.05 second. ( iii ) Signals must be rebroadcast live, not from tape or other recording. ( iv ) Voice or code announcements of the call signs of NBS stations are not to be rebroadcast. ( v ) Identification of the origin of the service and the source of the signals must be made by an announcement substantially as follows: “At the tone, 11 hours 25 minutes Coordinated Universal Time. This is a rebroadcast of a continous service furnished by the National Bureau of Standards, Ft. Collins, Colo.” No commercial sponsorship of this announcement is permitted and none may be implied. ( vi ) Schedules of time signal broadcasts may be obtained from, and notice of use of NBS time signals for rebroadcast must be forwarded semiannually to: National Bureau of Standards, Radio Stations WWV/WWVB, 2000 East County Road 58, Ft. Collins, Colorado 80524. ( vii ) In the rebroadcasting of NBS time signals, announcements will not state that they are standard frequency transmissions. Voice announcements of Coordinated Universal Time are given in voice every minute. Each minute, except the first of the hour, begins with an 0.8 second long tone of 1000 hertz at WWV and 1200 hertz tone at WWVH. The first minute of every hour begins with an 0.8 second long tone of 1500 hertz at both stations. This tone is followed by a 3-second pause, than the announcement, “National Bureau of Standards Time.” This is followed by another 3-second pause before station identification. This arrangement allows broadcast stations sufficient time to retransmit the hour time tone and the words “National Bureau of Standards Time” either by manual or automatic switching. ( viii ) Time signals or scales made up from integration of standard frequency signals broadcast from NBS stations may not be designated as national standard scales of time or attributed to the NBS as originator. For example, if a broadcasting station transmits time signals obtained from a studio clock which is periodically calibrated against the NBS time signals from WWV or WWVH, such signals may not be announced as NBS standard time or as having been originated by the NBS. ( 3 ) National Weather Service Messages. ( i ) Messages of the National Weather Service must be rebroadcast within 1 hour of receipt. ( ii ) If advertisements are given in connection with weather rebroadcast, these advertisements must not directly or indirectly convey an endorsement by the U.S. Government of the products or services so advertised. ( iii ) Credit must be given to indicate that the rebroadcast message originates with the National Weather Service. [ 44 FR 36040 , June 20, 1979, as amended at 45 FR 26065 , Apr. 17, 1980; 48 FR 28456 , June 22, 1983; 50 FR 25246 , June 18, 1985; 59 FR 67102 , Dec. 28, 1994; 61 FR 36305 , July 10, 1996; 82 FR 41103 , Aug. 29, 2017; 89 FR 7254 , Feb. 1, 2024] § 73.1208 Broadcast of taped, filmed, or recorded material. ( a ) Any taped, filmed or recorded program material in which time is of special significance, or by which an affirmative attempt is made to create the impression that it is occurring simultaneously with the broadcast, shall be announced at the beginning as taped, filmed or recorded. The language of the announcement shall be clear and in terms commonly understood by the public. For television stations, the announcement may be made visually or aurally. ( b ) Taped, filmed, or recorded announcements which are of a commercial, promotional or public service nature need not be identified as taped, filmed or recorded. [ 37 FR 23726 , Nov. 8, 1972] § 73.1209 References to time. Unless specifically designated as “standard (non-advanced)” or “advanced,” all references to time contained in this part, and in license documents and other authorizations issued thereunder shall be understood to mean local time; i.e. , the time legally observed in the community. [ 39 FR 26736 , July 23, 1974] § 73.1210 TV/FM dual-language broadcasting in Puerto Rico. ( a ) For the purpose of this section, dual-language broadcasting shall be understood to mean the telecasting of a program in one language with the simultaneous transmission, on the main channel of a participating FM broadcast station, of companion sound track information in a different language. ( b ) Television and Class A television licensees in Puerto Rico may enter into dual-language time purchase agreements with FM broadcast licensees, subject to the following conditions: ( 1 ) All such agreements shall be reduced to writing and retained by the licensee for possible Commission inspection, in accordance with § 73.3613 of this chapter . ( 2 ) All such agreements shall specify that the FM licensee will monitor sound track material with a view to rejecting any material deemed to be inappropriate or objectionable for broadcast exposure. ( 3 ) No television, Class A television, or FM broadcast station may devote more than 15 hours per week to dual-language broadcasting, nor may more than three (3) hours of such programming be presented on any given day. ( 4 ) Noncommercial educational television broadcast stations shall take all necessary precautions to assure that the entire operation is conducted on a noncommercial basis and otherwise in accordance with § 73.621 of this part . [ 40 FR 17259 , Apr. 18, 1975, as amended at 49 FR 33663 , Aug. 24, 1984; 50 FR 40016 , Oct. 1, 1985; 65 FR 30003 , May 10, 2000] § 73.1211 Broadcast of lottery information. ( a ) No licensee of an AM, FM, television, or Class A television broadcast station, except as in paragraph (c) of this section, shall broadcast any advertisement of or information concerning any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, gift enterprise or scheme, whether said list contains any part or all of such prizes. ( 18 U.S.C. 1304 , 62 Stat. 763). ( b ) The determination whether a particular program comes within the provisions of paragraph (a) of this section depends on the facts of each case. However, the Commission will in any event consider that a program comes within the provisions of paragraph (a) of this section if in connection with such program a prize consisting of money or other thing of value is awarded to any person whose selection is dependent in whole or in part upon lot or chance, if as a condition of winning or competing for such prize, such winner or winners are required to furnish any money or other thing of value or are required to have in their possession any product sold, manufactured, furnished or distributed by a sponsor of a program broadcast on the station in question. (See 21 FCC 2d 846). ( c ) The provisions of paragraphs (a) and (b) of this section shall not apply to an advertisement, list of prizes or other information concerning: ( 1 ) A lottery conducted by a State acting under the authority of State law which is broadcast by a radio or television station licensed to a location in that State or any other State which conducts such a lottery. ( 18 U.S.C. 1307(a) ; 102 Stat. 3205). ( 2 ) Fishing contests exempted under 18 U.S. Code 1305 (not conducted for profit, i.e., all receipts fully consumed in defraying the actual costs of operation). ( 3 ) Any gaming conducted by an Indian Tribe pursuant to the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) ( 4 ) A lottery, gift enterprise or similar scheme, other than one described in paragraph (c)(1) of this section, that is authorized or not otherwise prohibited by the State in which it is conducted and which is: ( i ) Conducted by a not-for-profit organization or a governmental organization ( 18 U.S.C. 1307(a) ; 102 Stat. 3205); or ( ii ) Conducted as a promotional activity by a commercial organization and is clearly occasional and ancillary to the primary business of that organization. ( 18 U.S.C. 1307(a) ; 102 Stat. 3205). ( d ) ( 1 ) For purposes of paragraph (c) of this section, “lottery” means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers. It does not include the placing or accepting of bets or wagers on sporting events or contests. ( 2 ) For purposes of paragraph (c)(4)(i) of this section, the term “not-for-profit organization” means any organization that would qualify as tax exempt under section 501 of the Internal Revenue Code of 1986. [ 40 FR 6210 , Feb. 10, 1975, as amended at 45 FR 6401 , Jan. 28, 1980; 54 FR 20856 , May 15, 1989; 55 FR 18888 , May 7, 1990; 65 FR 30003 , May 10, 2000] § 73.1212 Sponsorship identification; list retention; related requirements. Cross Reference Link to an amendment published at 89 FR 57792 , July 16, 2024. Cross Reference Link to an amendment published at 89 FR 57793 , July 16, 2024. ( a ) When a broadcast station transmits any matter for which money, service, or other valuable consideration is either directly or indirectly paid or promised to, or charged or accepted by such station, the station, at the time of the broadcast, shall announce: ( 1 ) That such matter is sponsored, paid for, or furnished, either in whole or in part, and ( 2 ) By whom or on whose behalf such consideration was supplied: Provided, however, That “service or other valuable consideration” shall not include any service or property furnished either without or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification of any person, product, service, trademark, or brand name beyond an identification reasonably related to the use of such service or property on the broadcast. ( i ) For the purposes of this section, the term “sponsored” shall be deemed to have the same meaning as “paid for.” ( ii ) In the case of any television political advertisement concerning candidates for public office, the sponsor shall be identified with letters equal to or greater than four percent of the vertical picture height that air for not less than four seconds. ( b ) The licensee of each broadcast station shall exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals directly in connection with any matter for broadcast, information to enable such licensee to make the announcement required by this section. ( c ) In any case where a report has been made to a broadcast station as required by section 507 of the Communications Act of 1934, as amended, of circumstances which would have required an announcement under this section had the consideration been received by such broadcast station, an appropriate announcement shall be made by such station. ( d ) In the case of any political broadcast matter or any broadcast matter involving the discussion of a controversial issue of public importance for which any film, record, transcription, talent, script, or other material or service of any kind is furnished, either directly or indirectly, to a station as an inducement for broadcasting such matter, an announcement shall be made both at the beginning and conclusion of such broadcast on which such material or service is used that such film, record, transcription, talent, script, or other material or service has been furnished to such station in connection with the transmission of such broadcast matter: Provided, however, That in the case of any broadcast of 5 minutes' duration or less, only one such announcement need be made either at the beginning or conclusion of the broadcast. ( e ) The announcement required by this section shall, in addition to stating the fact that the broadcast matter was sponsored, paid for or furnished, fully and fairly disclose the true identity of the person or persons, or corporation, committee, association or other unincorporated group, or other entity by whom or on whose behalf such payment is made or promised, or from whom or on whose behalf such services or other valuable consideration is received, or by whom the material or services referred to in paragraph (d) of this section are furnished. Where an agent or other person or entity contracts or otherwise makes arrangements with a station on behalf of another, and such fact is known or by the exercise of reasonable diligence, as specified in paragraph (b) of this section, could be known to the station, the announcement shall disclose the identity of the person or persons or entity on whose behalf such agent is acting instead of the name of such agent. Where the material broadcast is political matter or matter involving the discussion of a controversial issue of public importance and a corporation, committee, association or other unincorporated group, or other entity is paying for or furnishing the broadcast matter, the station shall, in addition to making the announcement required by this section, require that a list of the chief executive officers or members of the executive committee or of the board of directors of the corporation, committee, association or other unincorporated group, or other entity shall be made available for public inspection at the location specified under § 73.3526 . If the broadcast is originated by a network, the list may, instead, be retained at the headquarters office of the network or at the location where the originating station maintains its public inspection file under § 73.3526 . Such lists shall be kept and made available for a period of two years. ( f ) In the case of broadcast matter advertising commercial products or services, an announcement stating the sponsor's corporate or trade name, or the name of the sponsor's product, when it is clear that the mention of the name of the product constitutes a sponsorship identification, shall be deemed sufficient for the purpose of this section and only one such announcement need be made at any time during the course of the broadcast. ( g ) The announcement otherwise required by section 317 of the Communications Act of 1934, as amended, is waived with respect to the broadcast of “want ad” or classified advertisements sponsored by an individual. The waiver granted in this paragraph shall not extend to a classified advertisement or want ad sponsorship by any form of business enterprise, corporate or otherwise. Whenever sponsorship announcements are omitted pursuant to this paragraph, the licensee shall observe the following conditions: ( 1 ) Maintain a list showing the name, address, and (where available) the telephone number of each advertiser; ( 2 ) Make this list available to members of the public who have a legitimate interest in obtaining the information contained in the list. Such list must be retained for a period of two years after broadcast. ( h ) Any announcement required by section 317(b) of the Communications Act of 1934, as amended, is waived with respect to feature motion picture film produced initially and primarily for theatre exhibition. Note: The waiver heretofore granted by the Commission in its Report and Order adopted November 16, 1960 (FCC 60-1369; 40 F.C.C. 95), continues to apply to programs filmed or recorded on or before June 20, 1963, when § 73.654 , the predecessor television rule, went into effect. ( i ) Commission interpretations in connection with the provisions of the sponsorship identification rules are contained in the Commission's Public Notice, entitled “Applicability of Sponsorship Identification Rules,” dated May 6, 1963 (40 F.C.C. 141), as modified by Public Notice, dated April 21, 1975 (FCC 75-418). Further interpretations are printed in full in various volumes of the Federal Communications Commission Reports. ( j ) ( 1 ) ( i ) Where the material broadcast consistent with paragraph (a) or (d) of this section has been aired pursuant to the lease of time on the station and has been provided by a foreign governmental entity, the station, at the time of the broadcast, shall include the following disclosure: The [following/preceding] programming was [sponsored, paid for, or furnished], either in whole or in part, by [name of foreign governmental entity] on behalf of [name of foreign country]. ( ii ) If the material broadcast contains a “conspicuous statement” pursuant to the Foreign Agents Registration Act of 1938 (FARA) ( 22 U.S.C. 614(b) ), such conspicuous statement will suffice for purposes of this paragraph (j)(1) if the conspicuous statement also contains a disclosure about the foreign country associated with the individual/entity that has sponsored, paid for, or furnished the material being broadcast. ( 2 ) The term “foreign governmental entity” shall include governments of foreign countries, foreign political parties, agents of foreign principals, and United States-based foreign media outlets. ( i ) The term “government of a foreign country” has the meaning given such term in the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(e) ). ( ii ) The term “foreign political party” has the meaning given such term in the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(f) ). ( iii ) The term “agent of a foreign principal” has the meaning given such term in the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(c) ), and who is registered as such with the Department of Justice, and whose “foreign principal” is a “government of a foreign country,” a “foreign political party,” or directly or indirectly operated, supervised, directed, owned, controlled, financed, or subsidized by a “government of a foreign country” or a “foreign political party” as defined in paragraphs (j)(2)(i) and (ii) of this section, and that is acting in its capacity as an agent of such “foreign principal”. ( iv ) The term “United States-based foreign media outlet” has the meaning given such term in section 722(a) of the Communications Act of 1934 ( 47 U.S.C. 624(a) ). ( 3 ) The licensee of each broadcast station shall exercise reasonable diligence to ascertain whether the foreign sponsorship disclosure requirements in paragraph (j)(1) of this section apply at the time of the lease agreement and at any renewal thereof, including: ( i ) Informing the lessee of the foreign sponsorship disclosure requirement in paragraph (j)(1) of this section; ( ii ) Inquiring of the lessee whether the lessee falls into any of the categories in paragraph (j)(2) of this section that qualify the lessee as a foreign governmental entity; ( iii ) Inquiring of the lessee whether the lessee knows if anyone involved in the production or distribution of the programming that will be aired pursuant to the lease agreement, or a sub-lease, qualifies as a foreign governmental entity and has provided some type of inducement to air the programming; ( iv ) Independently confirming the lessee's status, by consulting the Department of Justice's FARA website and the Commission's semi-annual U.S.-based foreign media outlets reports, if the lessee states that it does not fall within the definition of “foreign governmental entity” and that there is no separate need for a disclosure because no one further back in the chain of producing/transmitting the programming falls within the definition of “foreign governmental entity” and has provided an inducement to air the programming; and ( v ) Memorializing the inquiries in paragraphs (j)(3)(i) through (iv) of this section to track compliance therewith and retaining such documentation in the licensee's records for either the remainder of the then-current license term or one year, whichever is longer, so as to respond to any future Commission inquiry. ( 4 ) In the case of any video programming, the foreign governmental entity and the country represented shall be identified with letters equal to or greater than four percent of the vertical picture height that air for not less than four seconds. ( 5 ) At a minimum, the announcement required by paragraph (j)(1) of this section shall be made at both the beginning and conclusion of the programming. For programming of greater than sixty minutes in duration, an announcement shall be made at regular intervals during the broadcast, but no less frequently than once every sixty minutes. ( 6 ) Where the primary language of the programming is other than English, the disclosure statement shall be made in the primary language of the programming. If the programming contains a “conspicuous statement” pursuant to the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 614(b) ), and such conspicuous statement is in a language other than English so as to conform to the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ), an additional disclosure in English is not needed. ( 7 ) A station shall place copies of the disclosures required by this paragraph (j) and the name of the program to which the disclosures were appended in its online public inspection file on a quarterly basis in a standalone folder marked as “Foreign Government-Provided Programming Disclosures.” The filing must state the date and time the program aired. In the case of repeat airings of the program, those additional dates and times should also be included. Where an aural announcement was made, its contents must be reduced to writing and placed in the online public inspection file in the same manner. ( k ) The requirements in paragraph (j) of this section shall apply to programs permitted to be delivered to foreign broadcast stations under an authorization pursuant to the section 325(c) of the Communications Act of 1934 ( 47 U.S.C. 325(c) ) if any part of the material has been sponsored, paid for, or furnished for free as an inducement to air on the foreign station by a foreign governmental entity. A section 325(c) permit holder shall place copies of the disclosures required along with the name of the program to which the disclosures were appended in the International Communications public filing System (ICFS) under the relevant ICFS section 325(c) permit file. The filing must state the date and time the program aired. In the case of repeat airings of the program, those additional dates and times should also be included. Where an aural announcement was made, its contents must be reduced to writing and placed in the ICFS in the same manner. [ 40 FR 18400 , Apr. 28, 1975, as amended at 46 FR 13907 , Feb. 24, 1981; 49 FR 4211 , Feb. 3, 1984; 49 FR 33663 , Aug. 24, 1984; 50 FR 32417 , Aug. 12, 1985; 57 FR 8279 , Mar. 9, 1992; 77 FR 27655 , May 11, 2012; 86 FR 32238 , June 17, 2021; 87 FR 14406 , Mar. 15, 2022; 88 FR 21447 , Apr. 10, 2023] § 73.1213 Antenna structure, marking and lighting. ( a ) The provisions of part 17 of this chapter (Construction, Marking, and Lighting of Antenna Structures), requires certain antenna structures to be painted and/or lighted in accordance with part 17. ( b ) The owner of each antenna structure is responsible for ensuring that the structure, if required, is painted and/or illuminated in accordance with part 17 of this chapter . In the event of default by the owner, each licensee or permittee shall be responsible for ensuring that the structure complies with applicable painting and lighting requirements. [ 61 FR 4367 , Feb. 6, 1996] § 73.1215 Specifications for indicating instruments. The following requirements and specifications shall apply to indicating instruments used by broadcast stations: ( a ) Linear scale instruments: ( 1 ) Length of scale shall not be less than 2.3 inches (5.8 cm). ( 2 ) Accuracy shall be at least 2 percent of the full scale reading. ( 3 ) The maximum rating of the meter shall be such that it does not read off scale during modulation or normal operation. ( 4 ) Scale shall have at least 40 divisions. ( 5 ) Full scale reading shall not be greater than five times the minimum normal indication. ( b ) Instruments having square-law scales: ( 1 ) Meet the requirements of paragraphs (a) (1) , (2) , and (3) of this section for linear scale instruments. ( 2 ) Full scale reading shall not be greater than three times the minimum normal indication. ( 3 ) No scale division above one-third full scale reading shall be greater than one-thirtieth of the full scale reading. (Example: An ammeter meeting requirement (1) having full scale reading of 6 amperes is acceptable for reading currents from 2 to 6 amperes, provided no scale division between 2 and 6 amperes is greater than one-thirtieth of 6 amperes, 0.2 ampere.) ( c ) Instruments having logarithmic scales: ( 1 ) Meet the requirements of paragraphs (a) (1) , (2) , and (3) of this section for linear scale instruments. ( 2 ) Full scale reading shall not be greater than five times the minimum normal indication. ( 3 ) No scale division above one-fifth full scale reading (in watts) shall be greater than one-thirtieth of the full scale reading. (Example: A wattmeter meeting requirement (3) having full scale reading of 1,500 watts is acceptable for reading power from 300 to 1,500 watts, provided no scale division between 300 and 1,500 watts is greater than one-thirtieth of 1,500 watts or 50 watts.) ( d ) Instruments having expanded scales: ( 1 ) Shall meet the requirements of paragraphs (a) (1) , (2) , and (3) of this section for linear scale instruments. ( 2 ) Full scale reading shall not be greater than five times the minimum normal indication. ( 3 ) No scale division above one-fifth full scale reading shall be greater than one-fiftieth of the full scale reading. (Example: An ammeter meeting the requirement (1) is acceptable for indicating current from 1 to 5 amperes, provided no division between 1 and 5 amperes is greater than one-fiftieth of 5 amperes, 0.1 ampere.) ( e ) Digital meters, printers, or other numerical readout devices may be used in addition to or in lieu of indicating instruments meeting the specifications of paragraphs (a) , (b) , (c) , and (d) of this section. The readout of the device must include at least three digits and must indicate the value of the parameter being read to an accuracy of 2%. The multiplier, if any, to be applied to the reading of each parameter must be indicated at the operating position. ( f ) No instrument which has been broken or appears to be damaged or defective, or the accuracy of which is questionable shall be used, until it has been checked, and if necessary repaired and recalibrated by the manufacturer or qualified instrument repair service. Repaired instruments shall not be used unless a certificate of calibration has been provided showing that the instrument conforms to the manufacturer's specifications for accuracy. [ 41 FR 36818 , Sept. 1, 1976; 41 FR 43152 , Sept. 30, 1976, as amended at 51 FR 2707 , Jan. 21, 1986] § 73.1216 Licensee-conducted contests. ( a ) A licensee that broadcasts or advertises information about a contest it conducts shall fully and accurately disclose the material terms of the contest, and shall conduct the contest substantially as announced or advertised over the air or on the Internet. No contest description shall be false, misleading or deceptive with respect to any material term. ( 1 ) A contest is a scheme in which a prize is offered or awarded, based upon chance, diligence, knowledge or skill, to members of the public; ( 2 ) Material terms include those factors which define the operation of the contest and which affect participation therein. Although the material terms may vary widely depending upon the exact nature of the contest, they will generally include: How to enter or participate; eligibility restrictions; entry deadline dates; whether prizes can be won; when prizes can be won; the extent, nature and value of prizes; basis for valuation of prizes; time and means of selection of winners; and/or tie-breaking procedures. ( 3 ) In general, the time and manner of disclosure of the material terms of a contest are within the licensee's discretion. However, the obligation to disclose the material terms arises at the time the audience is first told how to enter or participate and continues thereafter. ( b ) The disclosure of material terms shall be made by the station conducting the contest by either: ( 1 ) Periodic disclosures broadcast on the station; or ( 2 ) Written disclosures on the station's Internet Web site, the licensee's Web site, or if neither the individual station nor the licensee has its own Web site, any Internet Web site that is publicly accessible. ( c ) In the case of disclosure under paragraph (b)(1) of this section, a reasonable number of periodic broadcast disclosures is sufficient. In the case of disclosure under paragraph (b)(2) of this section, the station shall: ( 1 ) Establish a conspicuous link or tab to material contest terms on the home page of the Internet Web site; ( 2 ) Announce over the air periodically the availability of material contest terms on the Web site and identify the Web site address where the terms are posted with information sufficient for a consumer to find such terms easily; and ( 3 ) Maintain material contest terms on the Web site for at least thirty days after the contest has concluded. Any changes to the material terms during the course of the contest must be fully disclosed on air within 24 hours of the change on the Web site and periodically thereafter or the fact that such changes have been made must be announced on air within 24 hours of the change, and periodically thereafter, and such announcements must direct participants to the written disclosures on the Web site. Material contest terms that are disclosed on an Internet Web site must be consistent in all substantive respects with those mentioned over the air. ( d ) This section is not applicable to licensee-conducted contests not broadcast or advertised to the general public or to a substantial segment thereof, to contests in which the general public is not requested or permitted to participate, to the commercial advertisement of non-licensee-conducted contests, or to a contest conducted by a non-broadcast division of the licensee or by a non-broadcast company related to the licensee. [ 80 FR 64361 , Oct. 23, 2015, as amended at 89 FR 7254 , Feb. 1, 2024] § 73.1217 Broadcast hoaxes. ( a ) No licensee or permittee of any broadcast station shall broadcast false information concerning a crime or a catastrophe if: ( 1 ) The licensee knows this information is false; ( 2 ) It is foreseeable that broadcast of the information will cause substantial public harm, and ( 3 ) Broadcast of the information does in fact directly cause substantial public harm. ( b ) Any programming accompanied by a disclaimer will be presumed not to pose foreseeable harm if the disclaimer clearly characterizes the program as a fiction and is presented in a way that is reasonable under the circumstances. ( c ) For purposes of this rule, “public harm” must begin immediately, and cause direct and actual damage to property or to the health or safety of the general public, or diversion of law enforcement or other public health and safety authorities from their duties. The public harm will be deemed foreseeable if the licensee could expect with a significant degree of certainty that public harm would occur. A “crime” is any act or omission that makes the offender subject to criminal punishment by law. A “catastrophe” is a disaster or imminent disaster involving violent or sudden event affecting the public. [ 89 FR 7254 , Feb. 1, 2024] § 73.1225 Station inspections by FCC. ( a ) The licensee of a broadcast station shall make the station available for inspection by representatives of the FCC during the station's business hours, or at any time it is in operation. ( b ) In the course of an inspection or investigation, an FCC representative may require special equipment tests, program tests or operation with nighttime or presunrise facilities during daytime hours pursuant to § 0.314 , part 0, of the FCC rules. ( c ) The following records shall be made available by all broadcast stations upon request by representatives of the FCC. ( 1 ) Equipment performance measurements required by §§ 73.1590 and 73.1690 . ( 2 ) The written designations for chief operators and, when applicable, the contracts for chief operators engaged on a contract basis. ( 3 ) Application for modification of the transmission system made pursuant to § 73.1690(c) . ( 4 ) Informal statements or drawings depicting any transmitter modification made pursuant to § 73.1690(e) . ( 5 ) Station logs and special technical records. ( d ) Commercial and noncommercial AM stations must make the following information also available upon request by representatives of the FCC. ( 1 ) Copy of the most recent antenna or common-point impedance measurements. ( 2 ) Copy of the most recent field strength measurements made to establish performance of directional antennas required by § 73.151 . ( 3 ) Copy of the partial directional antenna proofs of performance made in accordance with § 73.154 and made pursuant to the following requirements: ( i ) Section 73.68, Sampling systems for antenna monitors. ( ii ) Section 73.69, Antenna monitors. ( iii ) Section 73.61, AM direction antenna field strength measurements. [ 43 FR 45846 , Oct. 4, 1978; 43 FR 50683 , Oct. 31, 1978, as amended at 51 FR 41629 , Nov. 18, 1986; 51 FR 44478 , Dec. 10, 1986; 57 FR 48333 , Oct. 23, 1992] § 73.1226 Availability to FCC of station logs and records. The following shall be made available to any authorized representative of the FCC upon request: ( a ) Station records and logs shall be made available for inspection or duplication at the request of the FCC or its representative. Such logs or records may be removed from the licensee's possession by an FCC representative or, upon request, shall be mailed by the licensee to the FCC by either registered mail, return receipt requested, or certified mail, return receipt requested. The return receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. A receipt shall be furnished when the logs or records are removed from the licensee's possession by an FCC representative and this receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. When the FCC has no further need for such records or logs, they shall be returned to the licensee. The provisions of this rule shall apply solely to those station logs and records which are required to be maintained by the provisions of this chapter. ( 1 ) Logs and records stored on microfilm, microfiche or other data-storage systems are subject to the requirements pertaining thereto found in § 73.1840(b) . ( b ) Where records or logs are maintained as the official records of a recognized law enforcement agency and the removal of the records from the possession of the law enforcement agency will hinder its law enforcement activities, such records will not be removed pursuant to this section if the chief of the law enforcement agency promptly certifies in writing to the FCC that removal of the logs or records will hinder law enforcement activities of the agency, stating insofar as feasible the basis for his decision and the date when it can reasonably be expected that such records will be released to the FCC. [ 43 FR 45847 , Oct. 4, 1978; 43 FR 50683 , Oct. 31, 1978, as amended at 45 FR 41151 , June 18, 1980; 48 FR 28457 , June 22, 1983; 83 FR 65557 , Dec. 21, 2018] § 73.1250 Broadcasting emergency information. ( a ) Emergency situations in which the broadcasting of information is considered as furthering the safety of life and property include, but are not limited to the following: Tornadoes, hurricanes, floods, tidal waves, earthquakes, icing conditions, heavy snows, widespread fires, discharge of toxic gasses, widspread power failures, industrial explosions, civil disorders and school closing and changes in school bus schedules resulting from such conditions. See also § 73.3542 , Application for Emergency Authorization, for requirements involving emergency situations not covered by this section for which prior operating authority must be requested. ( b ) If requested by responsible public officials, a station may, at its discretion, and without further FCC authority, transmit emergency point-to-point messages for the purpose of requesting or dispatching aid and assisting in rescue operations. ( c ) If the Emergency Alert System (EAS) is activated for a national emergency while a Local Area or State emergency operation is in progress, the national level EAS operation must take precedence. If, during the broadcasting of Local Area or State emergency information, the EAS codes or Attention Signal described in § 11.12 of this chapter are used, the broadcasts are considered as being carried out under a Local Area or State EAS plan. ( d ) Any emergency operation undertaken in accordance with this section may be terminated by the FCC if required in the public interest. ( e ) Immediately upon cessation of an emergency during which broadcast facilities were used for the transmission of point-to-point messages under paragraph (b) of this section, or when daytime facilities were used during nighttime hours by an AM station in accordance with paragraph (f) of this section, a report in letter form shall be forwarded to the FCC's main office indicated in § 0.401(a) of this chapter setting forth the nature of the emergency, the dates and hours of the broadcasting of emergency information, and a brief description of the material carried during the emergency. A certification of compliance with the noncommercialization provision of paragraph (f) of this section must accompany the report where daytime facilities are used during nighttime hours by an AM station, together with a detailed showing, under the provisions of that paragraph, that no other broadcast service existed or was adequate. ( f ) AM stations may, without further FCC authority, use their full daytime facilities during nighttime hours to broadcast emergency information (examples listed in paragraph (a) of this section), when necessary to the safety of life and property, in dangerous conditions of a general nature and when adequate advance warning cannot be given with the facilities authorized. Because of skywave interference impact on other stations assigned to the same channel, such operation may be undertaken only if regular, unlimited-time service, is non-existent, inadequate from the standpoint of coverage, or not serving the public need. All operation under this paragraph must be conducted on a noncommercial basis. Recorded music may be used to the extent necessary to provide program continuity. ( g ) Broadcasting of emergency information shall be confined to the hours, frequencies, powers and modes of operation specified in the station license, except as otherwise provided for AM stations in paragraph (f) of this section. ( h ) Any emergency information transmitted by a TV or Class A TV station in accordance with this section shall be transmitted both aurally and visually or only visually. TV and Class A TV stations may use any method of visual presentation which results in a legible message conveying the essential emergency information. Methods which may be used include, but are not necessarily limited to, slides, electronic captioning, manual methods (e.g., hand printing) or mechanical printing processes. However, when an emergency operation is being conducted under a national, State or Local Area Emergency Alert System (EAS) plan, emergency information shall be transmitted both aurally and visually unless only the EAS codes are transmitted as specified in § 11.51(b) of this chapter . [ 43 FR 45847 , Oct. 4, 1978, as amended at 50 FR 30947 , July 31, 1985; 59 FR 67102 , Dec. 28, 1994; 60 FR 56000 , Nov. 6, 1995; 65 FR 30003 , May 10, 2000; 89 FR 7255 , Feb. 1, 2024] § 73.1300 Unattended station operation. Broadcast stations may be operated as either attended (where a designated person is responsible for the proper operation of the transmitting apparatus either at the transmitter site, a remote control point or an ATS control point) or unattended (where highly stable equipment or automated monitoring of station operating parameters is employed). No prior FCC approval is required to operate a station in the unattended mode. Regardless of which method of station operation is employed, licensees must employ procedures which will ensure compliance with Part 11 of this chapter , the rules governing the Emergency Alert System (EAS). [ 60 FR 55481 , Nov. 1, 1995] § 73.1350 Transmission system operation. ( a ) Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization. ( b ) The licensee must designate a chief operator in accordance with § 73.1870 . The licensee may designate one or more technically competent persons to adjust the transmitter operating parameters for compliance with the technical rules and the station authorization. ( 1 ) Persons so authorized by the licensee may make such adjustments directly at the transmitter site or by using control equipment at an off-site location. ( 2 ) The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or must include an alternate method of acquiring control that can satisfy the requirement of paragraph (e) of this section that operation be terminated within three minutes. ( c ) The licensee must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with § 73.1215 . ( 1 ) Monitoring procedures and schedules must enable the licensee to determine compliance with § 73.1560 regarding operating power and AM station mode of operation, § 73.1570 regarding modulation levels, and, where applicable, § 73.1213 regarding antenna tower lighting, and § 73.69 regarding the parameters of an AM directional antenna system. ( 2 ) Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. Errors inherent in monitoring equipment and the calibration procedure must be taken into account when adjusting operating parameters to ensure that the limits imposed by the technical rules and the station authorization are not exceeded. ( d ) In the event that a broadcast station is operating in a manner that is not in compliance with the applicable technical rules set forth elsewhere in this part or the terms of the station authorization, and the condition is not listed in paragraph (e) or (f) of this section, broadcast operation must be terminated within three hours unless antenna input power is reduced sufficiently to eliminate any excess radiation. Examples of conditions that require termination of operation within three hours include excessive power, excessive modulation or the emission of spurious signals that do not result in harmful interference. ( e ) If a broadcast station is operating in a manner that poses a threat to life or property or that is likely to significantly disrupt the operation of other stations, immediate corrective action is required. In such cases, operation must be terminated within three minutes unless antenna input power is reduced sufficiently to eliminate any excess radiation. Examples of conditions that require immediate corrective action include the emission of spurious signals that cause harmful interference, any mode of operation not specified by the station license for the pertinent time of day, or operation substantially at variance from the authorized radiation pattern. ( f ) If a broadcast station is operating in a manner that is not in compliance with one of the following technical rules, operation may continue if the station complies with relevant alternative provisions in the specified rule section. ( 1 ) AM directional antenna system tolerances, see § 73.62 ; ( 2 ) AM directional antenna monitoring points, see § 73.158 ; ( 3 ) [Reserved] ( 4 ) Reduced power operation, see § 73.1560(d) ; ( 5 ) Reduced modulation level, see § 73.1570(a) ; ( 6 ) Emergency antennas, see § 73.1680 . ( g ) The transmission system must be maintained and inspected in accordance with § 73.1580 . ( h ) Whenever a transmission system control point is established at a location other than the main studio or transmitter, a letter of notification of that location must be sent to the FCC via a Change of Control Point Notice in LMS within 3 days of the initial use of that point. The letter should include a list of all control points in use, for clarity. This notification is not required if responsible station personnel can be contacted at the transmitter or studio site during hours of operation. ( i ) The licensee must ensure that the station is operated in compliance with Part 11 of this chapter , the rules governing the Emergency Alert System (EAS). [ 60 FR 55481 , Nov. 1, 1995, as amended at 63 FR 33877 , June 22, 1998; 67 FR 13232 , Mar. 21, 2002; 72 FR 44423 , Aug. 8, 2007; 89 FR 7255 , Feb. 1, 2024] § 73.1400 Transmission system monitoring and control. The licensee of an AM, FM, TV or Class A TV station is responsible for assuring that at all times the station operates within tolerances specified by applicable technical rules contained in this part and in accordance with the terms of the station authorization. Any method of complying with applicable tolerances is permissible. The following are typical methods of transmission system operation: ( a ) Attended operation. ( 1 ) Attended operation consists of ongoing supervision of the transmission facilities by a station employee or other person designated by the licensee. Such supervision may be accomplished by either: ( i ) Direct supervision and control of transmission system parameters by a person at the transmitter site; or ( ii ) Remote control of the transmission system by a person at a studio or other location. The remote control system must provide sufficient transmission system monitoring and control capability so as to ensure compliance with § 73.1350 . ( 2 ) A station may also be monitored and controlled by an automatic transmission system (ATS) that is configured to contact a person designated by the licensee in the event of a technical malfunction. An automatic transmission system consists of monitoring devices, control and alarm circuitry, arranged so that they interact automatically to operate the station's transmitter and maintain technical parameters within licensed values. ( 3 ) A hybrid system containing some remote control and some ATS features is also permissible. ( 4 ) In the case of remote control or ATS operation, not every station parameter need be monitored or controlled if the licensee has good reason to believe that its stability is so great that its monitoring and control are unnecessary. ( b ) Unattended operation. Unattended operation is either the absence of human supervision or the substitution of automated supervision of a station's transmission system for human supervision. In the former case, equipment is employed which is expected to operate within assigned tolerances for extended periods of time. The latter consists of the use of a self-monitoring or ATS-monitored and controlled transmission system that, in lieu of contacting a person designated by the licensee, automatically takes the station off the air within three hours of any technical malfunction which is capable of causing interference. [ 60 FR 55481 , Nov. 1, 1995, as amended at 65 FR 30003 , May 10, 2000; 82 FR 57882 , Dec. 8, 2017] § 73.1515 Special field test authorizations. ( a ) A special field test authorization may be issued to conduct field strength surveys to aid in the selection of suitable sites for broadcast transmission facilities, determine coverage areas, or to study other factors influencing broadcast signal propagation. The applicant for the authorization must be qualified to hold a license under section 303(1)(l) of the Communications Act. ( b ) Requests for authorizations to operate a transmitter under a Special field test authorization must be in writing using an informal application in letter form, signed by the applicant and including the following information: ( 1 ) Purpose, duration and need for the survey. ( 2 ) Frequency, transmitter output powers and time of operation. ( 3 ) A brief description of the test antenna system, its estimated effective radiated field and height above ground or average terrain, and the geographic coordinates of its proposed location(s). ( c ) Operation under a special field test authorization is subject to the following conditions: ( 1 ) No objectionable interference will result to the operation of other authorized radio services; in this connection, the power requested shall not exceed that necessary for the purposes of the test. ( 2 ) The carriers will be unmodulated except for the transmission of a test-pattern on a visual TV transmitter, and for hourly voice station identification on aural AM, FM and TV transmitters. ( 3 ) The transmitter output power or antenna input power may not exceed those specified in the test authorization and the operating power must be maintained at a constant value for each phase of the tests. ( 4 ) The input power to the final amplifier stage, and the AM antenna current or the FM or TV transmitter output power must be observed and recorded at half hour intervals and at any time that the power is adjusted or changed. Copies of these records must be submitted to the FCC with the required report. ( 5 ) The test equipment may not be permanently installed, unless such installation has been separately authorized. Mobile units are not deemed permanent installations. ( 6 ) Test transmitters must be operated by or under the immediate direction of an operator holding a commercial radio operator license (any class, unless otherwise endorsed). ( 7 ) A report, containing the measurements, their analysis and other results of the survey shall be filed with the FCC in Washington, DC within sixty (60) days following the termination of the test authorization. ( 8 ) The test transmission equipment, installation and operation thereof need not comply with the requirements of FCC rules and standards except as specified in this section if the equipment, installation and operation are consistent with good engineering principles and practices. ( d ) A special field test authorization may be modified or terminated by notification from the FCC if in its judgment such action will promote the public interest, convenience and necessity. [ 44 FR 58734 , Oct. 11, 1979, as amended at 46 FR 35463 , July 8, 1981; 49 FR 4211 , Feb. 3, 1984; 49 FR 20670 , May 16, 1984] § 73.1520 Operation for tests and maintenance. ( a ) Broadcast stations may be operated for tests and maintenance of their transmitting systems on their assigned frequencies using their licensed operating power and antennas during their authorized hours of operation without specific authorization from the FCC. ( b ) Licensees of AM stations may operate for tests and maintenance during the hours from 12 midnight local time to local sunrise, if no interference is caused to other stations maintaining a regular operating schedule within such period. No AM station licensed for “daytime” or “specified hours” of operation may broadcast any regular or scheduled programs during this period of test and maintenance operation. ( c ) Licensees of AM stations may obtain special antenna test authorizations, and operate under the provisions described in § 73.157 , to operate with nighttime facilities during daytime hours in conducting directional antenna field strength and antenna proof of performance measurements. [ 43 FR 32783 , July 28, 1978, as amended at 45 FR 6401 , Jan. 28, 1980] § 73.1530 Portable test stations [Definition]. A portable test station is one that is moved from place to place for making field strength and ground conductivity measurements, for selecting station transmitter sites, and conducting other specialized propagation tests. Portable test stations are not normally used while in motion, and may not be used for the transmission of programs intended to be received by the public. [ 43 FR 32783 , July 28, 1978] § 73.1540 Carrier frequency measurements. ( a ) The carrier frequency of each AM and FM station shall be measured or determined as often as necessary to ensure that they are maintained within the prescribed tolerances. ( b ) In measuring the carrier frequency, the licensee may use any method or procedure that has sufficient precision to establish that the carrier frequency is within the prescribed departure limits. ( c ) The primary standard of frequency for radio frequency measurements is the standard frequency maintained by the National Bureau of Standards or the standard signals of Stations WWV, WWVB, and WWVH of the National Bureau of Standards. [ 43 FR 32783 , July 28, 1978, as amended at 48 FR 44805 , Sept. 30, 1983; 65 FR 30004 , May 10, 2000; 89 FR 7255 , Feb. 1, 2024] § 73.1545 Carrier frequency departure tolerances. ( a ) AM stations. The departure of the carrier frequency for monophonic transmissions or center frequency for stereophonic transmissions may not exceed ±20 Hz from the assigned frequency. ( b ) FM stations. ( 1 ) The departure of the carrier or center frequency of an FM station with an authorized transmitter output power more than 10 watts may not exceed ±2000 Hz from the assigned frequency. ( 2 ) The departure of the carrier or center frequency of an FM station with an authorized transmitter output power of 10 watts or less may not exceed ±3000 Hz from the assigned frequency. ( c ) [Reserved] ( d ) International broadcast stations. The departure of the carrier frequency of an International broadcast station may not exceed 0.0015% of the assigned frequency on which the station is transmitting. [ 44 FR 58734 , Oct. 11, 1979; 44 FR 64408 , Nov. 7, 1979, as amended at 47 FR 13165 , Mar. 29, 1982; 65 FR 30004 , May 10, 2000; 67 FR 21691 , May 1, 2001; 89 FR 7255 , Feb. 1, 2024] § 73.1560 Operating power and mode tolerances. ( a ) AM stations. ( 1 ) Except for AM stations using modulation dependent carrier level (MDCL) control technology, or as provided for in paragraph (d) of this section, the antenna input power of an AM station, as determined by the procedures specified in § 73.51 , must be maintained as near as practicable to the authorized antenna input power and may not be less than 90 percent nor greater than 105 percent of the authorized power. AM stations may, without prior Commission authority, commence MDCL control technology use, provided that within 10 days after commencing such operation, the licensee submits an electronic notification of commencement of MDCL control operation using FCC Form 2100 Schedule 338. The transmitter of an AM station operating using MDCL control technology, regardless of the MDCL control technology employed, must achieve full licensed power at some audio input level or when the MDCL control technology is disabled. MDCL control operation must be disabled before field strength measurements on the station are taken. ( 2 ) Whenever the transmitter of an AM station cannot be placed into the specified operating mode at the time required, transmissions of the station must be immediately terminated. However, if the radiated field at any bearing or elevation does not exceed that permitted for that time of day, operation in the mode with the lesser radiated field may continue under the notification procedures of paragraph (d) of this section. ( b ) FM stations. Except as provided in paragraph (d) of this section, the transmitter output power of an FM station, with power output as determined by the procedures specified in § 73.267 , which is authorized for output power more than 10 watts must be maintained as near as practicable to the authorized transmitter output power and may not be less than 90% nor more than 105% of the authorized power. FM stations operating with authorized transmitter output power of 10 watts or less, may operate at less than the authorized power, but not more than 105% of the authorized power. ( c ) TV stations. ( 1 ) Except as provided in paragraph (d) of this section, the output power of a TV or Class A TV transmitter, as determined by the procedures specified in § 73.664 , must be maintained as near as is practicable to the authorized transmitter output power and may not be less than 80% nor more than 110% of the authorized power. ( 2 ) [Reserved] ( 3 ) The FCC may specify deviation from the power of tolerance requirements for subscription television operations to the extent it deems necessary to permit proper operation. ( d ) Reduced power operation. In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate at reduced power for a period of not more than 30 days without specific authority from the FCC. If operation at reduced power will exceed 10 consecutive days, notification must be made to the FCC in a Reduced Power Notification via LMS, not later than the 10th day of the lower power operation. In the event that normal power is restored within the 30 day period, the licensee must notify the FCC of the date that normal operation was restored. If causes beyond the control of the licensee prevent restoration of the authorized power within 30 days, a request for Special Temporary Authority (see § 73.1635 ) must be made to the FCC via LMS for additional time as may be necessary. [ 44 FR 58734 , Oct. 11, 1979, as amended at 49 FR 22093 , May 25, 1984; 49 FR 29069 , July 18, 1984; 49 FR 47610 , Dec. 6, 1984; 50 FR 26568 , June 27, 1985; 50 FR 40015 , Oct. 1, 1985; 63 FR 33877 , June 22, 1998; 65 FR 30004 , May 10, 2000; 67 FR 13232 , Mar. 21, 2002; 81 FR 2760 , Jan. 19, 2016; 89 FR 7255 , Feb. 1, 2024] § 73.1570 Modulation levels: AM and FM. ( a ) The percentage of modulation is to be maintained at as high a level as is consistent with good quality of transmission and good broadcast service, with maximum levels not to exceed the values specified in paragraph (b). Generally, the modulation should not be less than 85% on peaks of frequent recurrence, but where lower modulation levels may be required to avoid objectionable loudness or to maintain the dynamic range of the program material, the degree of modulation may be reduced to whatever level is necessary for this purpose, even though under such circumstances, the level may be substantially less than that which produces peaks of frequent recurrence at a level of 85%. ( b ) Maximum modulation levels must meet the following limitations: ( 1 ) AM stations. In no case shall the amplitude modulation of the carrier wave exceed 100% on negative peaks of frequent recurrence, or 125% on positive peaks at any time. ( i ) AM stations transmitting stereophonic programs not exceed the AM maximum stereophonic transmission signal modulation specifications of stereophonic system in use. ( ii ) For AM stations transmitting telemetry signals for remote control or automatic transmission system operation, the amplitude of modulation of the carrier by the use of subaudible tones must not be higher than necessary to effect reliable and accurate data transmission and may not, in any case, exceed 6%. ( 2 ) FM stations. The total modulation must not exceed 100 percent on peaks of frequent reoccurrence referenced to 75 kHz deviation. However, stations providing subsidiary communications services using subcarriers under provisions of § 73.319 concurrently with the broadcasting of stereophonic or monophonic programs may increase the peak modulation deviation as follows: ( i ) The total peak modulation may be increased 0.5 percent for each 1.0 percent subcarrier injection modulation. ( ii ) In no event may the modulation of the carrier exceed 110 percent (82.5 kHz peak deviation). ( 3 ) [Reserved] ( c ) If a limiting or compression amplifier is employed to maintain modulation levels, precaution must be taken so as not to substantially alter the dynamic characteristics of programs. [ 44 FR 58735 , Oct. 11, 1979, as amended at 47 FR 13165 , Mar. 29, 1982; 49 FR 14508 , Apr. 12, 1984; 49 FR 15081 , Apr. 17, 1984; 49 FR 27147 , July 2, 1984; 49 FR 47610 , Dec. 6, 1984; 49 FR 48312 , Dec. 12, 1984; 51 FR 26251 , July 22, 1986; 56 FR 64872 , Dec. 12, 1991; 65 FR 30004 , May 10, 2000; 89 FR 7255 , Feb. 1, 2024] § 73.1580 Transmission system inspections. Each AM, FM, TV and Class A TV station licensee or permittee must conduct periodic complete inspections of the transmitting system and all required monitors to ensure proper station operation. [ 65 FR 30004 , May 10, 2000] § 73.1590 Equipment performance measurements. ( a ) The licensee of each AM, FM, TV and Class A TV station, except licensees of Class D non-commercial educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows: ( 1 ) Upon initial installation of a new or replacement main transmitter. ( 2 ) Upon modification of an existing transmitter made under the provisions of § 73.1690 , Modification of transmission systems, and specified therein. ( 3 ) Installation of AM stereophonic transmission equipment pursuant to § 73.128 . ( 4 ) Installation of FM subcarrier or stereophonic transmission equipment pursuant to § 73.295 , § 73.297 , § 73.593 or § 73.597 . ( 5 ) [Reserved] ( 6 ) Annually, for AM stations, with not more than 14 months between measurements. ( 7 ) When required by other provisions of the rules or the station license. ( b ) Measurements for spurious and harmonic emissions must be made to show compliance with the transmission system requirements of § 73.44 for AM stations; § 73.317 for FM stations and § 73.687 for TV stations. Measurements must be made under all conditions of modulation expected to be encountered by the station whether transmitting monophonic or stereophonic programs and providing subsidiary communications services. ( c ) TV visual equipment performance measurements must be made with the equipment adjusted for normal program operation at the transmitter antenna sampling port to yield the following information: ( 1 ) [Reserved] ( 2 ) Data showing that the waveform of the transmitted signal conforms to that specified by the standards for TV transmissions. ( 3 ) [Reserved] ( 4 ) Data showing envelope delay characteristics of the radiated signal. ( 5 ) Data showing the attenuation of spurious and harmonic radiation, if, after type acceptance, any changes have been made in the transmitter or associated equipment (filters, multiplexer, etc.) which could cause changes in its radiation products. ( d ) The data required by paragraphs (b) and (c) of this section, together with a description of the equipment and procedure used in making the measurements, signed and dated by the qualified person(s) making the measurements, must be kept on file at the transmitter or remote control point for a period of 2 years, and on request must be made available during that time to duly authorized representatives of the FCC. [ 47 FR 8589 , Mar. 1, 1982, as amended at 51 FR 18450 , May 20, 1986; 65 FR 30004 , May 10, 2000; 89 FR 7255 , Feb. 1, 2024] § 73.1610 Equipment tests. ( a ) During the process of construction of a new broadcast station, the permittee, after notifying the FCC in Washington, D.C. may, without further authority from the FCC, conduct equipment tests for the purpose of making such adjustments and measurements as may be necessary to assure compliance with the terms of the construction permit, the technical provisions of the application therefore, the rules and regulations and the applicable engineering standards. For AM stations, equipment tests, including either a directional or nondirectional proof of performance required by the construction permit, may be conducted during daytime hours provided that the antenna system is first substantially tuned during the experimental period. The nondirectional proof shall be conducted with power adjusted to 25% of that specified in the permit for the authorized directional facilities or, if applicable, to such higher power as is specified in the same permit for authorized nondirectional facilities. For licensed stations, see § 73.1615 , Operation During Modification of Facilities; and § 73.157 , Antenna Testing During Daytime. ( b ) The FCC may notify the permittee not to conduct equipment tests or may modify, cancel, suspend, or change the modes of testing or the dates and times for such tests in order to resolve interference complaints or when such action may appear to be in the public interest, convenience, and necessity. ( c ) Equipment tests may be continued so long as the construction permit shall remain valid. ( d ) The authorization for tests embodied in this section shall not be construed as constituting a license to operate but as a necessary part of construction. [ 43 FR 32783 , July 28, 1978, as amended at 47 FR 40174 , Sept. 13, 1982; 50 FR 30947 , July 31, 1985] § 73.1615 Operation during modification of facilities. When the licensee of an existing AM, FM, TV or Class A TV station is in the process of modifying existing facilities as authorized by a construction permit and determines it is necessary to either discontinue operation or to operate with temporary facilities to continue program service, the following procedures apply: ( a ) Licensees holding a construction permit for modification of directional or nondirectional FM, TV or Class A TV or nondirectional AM station facilities may, without specific FCC authority, for a period not exceeding 30 days: ( 1 ) Discontinue operation, or ( 2 ) Operate with temporary facilities to maintain, as nearly as possible, but not exceed, the size of the presently licensed coverage area. ( b ) Licensees of an AM station holding a construction permit which involves directional facilities and which does not involve a change in operating frequency may, without specific FCC authority, for a period not exceeding 30 days: ( 1 ) Discontinue operation, or ( 2 ) Operate with reduced power or with parameters at variance from licensed tolerances while maintaining monitoring point field strengths within licensed limits during the period subsequent to the commencement of modifications authorized by the construction permit, or ( 3 ) Operate in a nondirectional mode during the presently licensed hours of directional operation with power reduced to 25% or less of the nominal licensed power, or whatever higher power, not exceeding licensed power, will ensure that the radiated field strength specified by the license is not exceeded at any given azimuth for the corresponding hours of directional operation, or ( 4 ) Operate in a nondirectional mode during daytime hours, if not already so licensed, only as necessary to conduct a required nondirectional proof of performance with a power not to exceed 25% of the maximum power authorized by the construction permit for directional operation, or ( 5 ) Operate during daytime hours with either the daytime or nighttime directional pattern and with the power authorized by the construction permit only as necessary to take proof of performance measurements. Operating power shall be promptly reduced to presently licensed level during any significant period of time that these measurements are not being taken. No daytime operation of construction permit directional patterns authorized by this paragraph shall be conducted before such patterns have been substantially tuned during the experimental period. ( 6 ) In the event the directional pattern authorized by the construction permit replaces a licensed directional pattern, the licensee may operate with the substantially adjusted construction permit pattern during the corresponding licensed hours of directional operation with power not exceeding that specified for the licensed pattern. ( c ) Such operation or discontinuance of operation in accordance with the provisions of paragraph (a) or (b) of this section may begin upon notification to the FCC in Washington, DC. ( 1 ) Should it be necessary to continue the procedures in either paragraph (a) or (b) of this section beyond 30 days, a Silent STA application or an Engineering STA application must be filed via LMS. ( 2 ) The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license or construction permit to the contrary. ( d ) Licensees of an AM station holding a construction permit which authorizes both a change in frequency and directional facilities must request and obtain authority from the FCC in Washington, DC. prior to using any new installation authorized by the permit, or using temporary facilities. ( 1 ) The request is to be made at least 10 days prior to the date on which the temporary operation is to commence. The request is to be made by letter which shall describe the operating modes and facilities to be used. Such letter requests shall be signed by the licensee or the licensee's representative. ( 2 ) Discontinuance of operation is permitted upon notification to the FCC In Washington, DC. Should it be necessary to discontinue operation longer than 30 days, an informal letter request, signed by the licensee or the licensee's representatives, must be sent to the FCC in Washington, DC prior to the 30th day. ( e ) The FCC may modify or cancel the temporary operation permitted under the provisions of paragraph (a) , (b) , (c) or (d) of this section without prior notice or right to hearing. [ 50 FR 30947 , July 31, 1985, as amended at 61 FR 28767 , June 6, 1996; 65 FR 30004 , May 10, 2000; 89 FR 7255 , Feb. 1, 2024] § 73.1620 Program tests. ( a ) Upon completion of construction of an AM, FM, TV or Class A TV station in accordance with the terms of the construction permit, the technical provisions of the application, the rules and regulations and the applicable engineering standards, program tests may be conducted in accordance with the following: ( 1 ) The permittee of a nondirectional AM or FM station, or a nondirectional or directional TV or Class A TV station, may begin program tests upon notification to the FCC in a “Program Test Authority” filing via LMS provided that within 10 days thereafter, an application for a license is filed with the FCC in Washington, DC. Television, Class A, TV translator, and low power television broadcast stations authorized on channel 14 must comply with § 73.617(b)(2)(ii) . ( 2 ) The permittee of an FM station with a directional antenna system must file an application for license on FCC Form 2100 Schedule 302-FM in LMS requesting authority to commence program test operations at full power. This license application must be filed at least 10 days prior to the date on which full power operations are desired to commence. The application for license must contain any exhibits called for by conditions on the construction permit. The staff will review the license application and the request for program test authority and issue a letter notifying the applicant whether full power operation has been approved. Upon filing of the license application and related exhibits, and while awaiting approval of full power operation, the FM permittee may operate the directional antenna at one half (50%) of the authorized effective radiated power. Alternatively, the permittee may continue operation with its existing licensed facilities pending the issuance of program test authority at the full effective radiated power by the staff. ( 3 ) FM licensees replacing a directional antenna pursuant to § 73.1690(c)(2) without changes which require a construction permit ( see § 73.1690(b) ) may immediately commence program test operations with the new antenna at one half (50%) of the authorized ERP upon installation. If the directional antenna replacement is an EXACT duplicate of the antenna being replaced ( i.e., same manufacturer, antenna model number, and measured composite pattern), program tests may commence with the new antenna at the full authorized power upon installation. The licensee must file a modification of license application on FCC Form 2100 Schedule 302-FM within 10 days of commencing operations with the newly installed antenna, and the license application must contain all of the exhibits required by § 73.1690(c)(2) . After review of the modification-of-license application to cover the antenna change, the Commission will issue a letter notifying the applicant whether program test operation at the full authorized power has been approved for the replacement directional antenna. ( 4 ) The permittee of an AM station with a directional antenna system must file an application for license on FCC Form 302-AM requesting program test authority with the FCC in Washington, DC at least ten (10) days prior to the date on which it desires to commence program test operations. The application must provide an AM directional antenna proof of performance, containing the exhibits required by § 73.186 . After review of the application to cover the construction permit, the Commission will issue a letter notifying the applicant whether program test operations may commence. Program test operations may not commence prior to issuance of staff approval. ( 5 ) Except for permits subject to successive license terms, the permittee of an LPFM station may begin program tests upon notification to the FCC in Washington, DC, provided that within 10 days thereafter, an application for license is filed. Program tests may be conducted by a licensee subject to mandatory license terms only during the term specified on such licensee's authorization. ( b ) The Commission reserves the right to revoke, suspend, or modify program tests by any station without right of hearing for failure to comply adequately with all terms of the construction permit or the provisions of § 73.1690(c) for a modification of license application, or in order to resolve instances of interference. The Commission may, at its discretion, also require the filing of a construction permit application to bring the station into compliance the Commission's rules and policies. ( c ) Unless sooner suspended or revoked, the program test authority continues valid during FCC consideration of the application for license, and during this period further extension of the construction permit is not required. Program test authority shall be automatically terminated by final determination upon the application for station license. ( d ) All operation under program test authority shall be in strict compliance with the rules governing broadcast stations and in strict accordance with representations made in the application for license pursuant to which the tests were authorized. ( e ) Acceptance by the FCC of notification of the station of program tests, or the granting of program test authority by the FCC, is not to be construed by the permittee as approval by the FCC of the application for station license. [ 43 FR 32784 , July 28, 1978, as amended at 45 FR 6401 , Jan. 28, 1980; 47 FR 28388 , June 30, 1982; 49 FR 38132 , Sept. 27, 1984; 56 FR 795 , Jan. 9, 1991; 56 FR 25639 , June 5, 1991; 57 FR 48333 , Oct. 23, 1992; 62 FR 51059 , Sept. 30, 1997; 65 FR 7648 , Feb. 15, 2000; 65 FR 30004 , May 10, 2000; 87 FR 35431 , June 10, 2022; 89 FR 7256 , Feb. 1, 2024] § 73.1635 Special temporary authorizations (STA). ( a ) A special temporary authorization (STA) is the authority granted to a permittee or licensee to permit the operation of a broadcast facility for a limited period at a specified variance from the terms of the station authorization or requirements of the FCC rules applicable to the particular class of station. ( 1 ) A request for a STA should be filed with FCC in Washington, DC at least 10 days prior to the date of the proposed operation. ( 2 ) The request is to be filed electronically in LMS using the “Engineering STA Application” and shall fully describe the proposed operation and the necessity for the requested STA. Such letter requests shall be signed by the licensee or the licensee's representative. ( 3 ) A request for a STA necessitated by unforeseen equipment damage or failure may be made without regard to the procedural requirements of this section (e.g., via email or telephone). Any request made pursuant to this paragraph shall be followed by a written confirmation request conforming to the requirements of paragraph (a)(2) of this section. Confirmation requests shall be submitted within 24 hours. (See also § 73.1680 Emergency Antennas). ( 4 ) An STA may be granted for an initial period not to exceed 180 days. A limited number of extensions of such authorizations may be granted for additional periods not exceeding 180 days per extension. An STA necessitated by technical or equipment problems, however, may, in practice, be granted for an initial period not to exceed 90 days with a limited number of extensions not to exceed 90 days per extension. The permittee or licensee must demonstrate that any further extensions requested are necessary and that all steps to resume normal operation are being undertaken in an expeditions and timely fashion. The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any STA or provision, term, or condition of the license to the contrary. ( 5 ) Certain rules specify special considerations and procedures in situations requiring an STA or permit temporary operation at variance without prior authorization from the FCC when notification is filed as prescribed in the particular rules. See § 73.62 , Directional antenna system tolerances; § 73.157 , Antenna testing during daytime; § 73.158 , Directional antenna monitoring points; § 73.1250 , Broadcasting emergency information; § 73.1350 , Transmission system operation; § 73.1560 , Operating power and mode tolerances; § 73.1570 , Modulation levels: AM, and FM; § 73.1615 , Operation during modification of facilities; § 73.1680 , Emergency antennas; and § 73.1740 , Minimum operating schedule. ( b ) An STA may be modified or cancelled by the FCC without prior notice or right to hearing. ( c ) No request by an AM station for temporary authority to extend its hours of operation beyond those authorized by its regular authorization will be accepted or granted by the FCC except in emergency situations conforming with the requirements of § 73.3542 , Application for Emergency Authorization. See also § 73.1250 , Broadcasting Emergency Information. [ 50 FR 30948 , July 31, 1985, as amended at 58 FR 51250 , Oct. 1, 1993; 60 FR 55482 , Nov. 1, 1995; 61 FR 28767 , June 6, 1996; 65 FR 30004 , May 10, 2000; 89 FR 7256 , Feb. 1, 2024] § 73.1650 International agreements. ( a ) The rules in this part 73, and authorizations for which they provide, are subject to compliance with the international obligations and undertakings of the United States. Accordingly, all provisions in this part 73 are subject to compliance with applicable requirements, restrictions, and procedures accepted by the United States that have been established by or pursuant to treaties or other international agreements, arrangements, or understandings to which the United States is a signatory, including applicable annexes, protocols, resolutions, recommendations and other supplementing documents associated with such international instruments. ( b ) The United States is a signatory to the following treaties and other international agreements that relate, in whole or in part, to AM, FM or TV broadcasting: ( 1 ) The following instruments of the International Telecommunication Union: ( i ) Constitution. ( ii ) Convention. ( iii ) Radio Regulations. ( 2 ) Regional Agreements for the Broadcasting Service in Region 2: ( i ) MF Broadcasting 535-1605 kHz, Rio de Janeiro, 1981. ( ii ) MF Broadcasting 1605-1705 kHz, Rio de Janeiro, 1988. ( 3 ) Bi-lateral Agreements between the United States and Canada relating to: ( i ) AM Broadcasting. ( ii ) FM Broadcasting. ( iii ) TV Broadcasting. ( 4 ) Bi-lateral Agreements between the United States and Mexico relating to: ( i ) AM Broadcasting. ( ii ) FM Broadcasting. ( iii ) TV Broadcasting. ( 5 ) Bi-lateral Agreement between the United States and the Bahama Islands relating to presunrise operations by AM stations. ( 6 ) North American Regional Broadcasting Agreement (NARBA), which, for the United States, remains in effect with respect to the Dominican Republic and the Bahama Islands. ( 7 ) The documents listed in this paragraph (b) are available for inspection in the office of the Chief, Office of International Affairs, FCC, Washington, DC. [ 54 FR 39737 , Sept. 28, 1989, as amended at 56 FR 64872 , Dec. 12, 1991; 60 FR 5333 , Jan. 27, 1995; 88 FR 21447 , Apr. 10, 2023] § 73.1660 Acceptability of broadcast transmitters. ( a ) ( 1 ) An AM, FM, or TV transmitter shall be approved for compliance with the requirements of this part following the Supplier's Declaration of Conformity procedures described in subpart J of part 2 of this chapter . Note 1 to paragraph (a)(1): The verification procedure has been replaced by Supplier's Declaration of Conformity. AM, FM, and TV transmitters previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( 2 ) An LPFM transmitter shall be certified for compliance with the requirements of this part following the procedures described in part 2 of this chapter . ( b ) A permittee or licensee planning to modify a transmitter which has been certified or approved with Supplier's Declaration of Conformity must follow the requirements contained in § 73.1690 . ( c ) A transmitter which was in use prior to January 30, 1955, may continue to be used by the licensee, and successors or assignees, if it continues to comply with the technical requirements for the type of station at which it is used. ( d ) AM stereophonic exciter-generators for interfacing with approved or verified AM transmitters may be certified upon request from any manufacturer in accordance with the procedures described in part 2 of this chapter . Broadcast licensees may modify their certified AM stereophonic exciter-generators in accordance with § 73.1690 . ( e ) Additional rules covering certification and Supplier's Declaration of Conformity, modification of authorized transmitters, and withdrawal of a grant of authorization are contained in part 2 of this chapter . [ 63 FR 36604 , July 7, 1998, as amended at 65 FR 30004 , May 10, 2000; 65 FR 67304 , Nov. 9, 2000; 82 FR 50835 , Nov. 2, 2017; 88 FR 67186 , Sept. 29, 2023] § 73.1665 Main transmitters. ( a ) Each AM, FM, TV and Class A TV broadcast station must have at least one main transmitter which complies with the provisions of the transmitter technical requirements for the type and class of station. A main transmitter is one which is used for regular program service having power ratings appropriate for the authorized operating power(s). ( b ) There is no maximum manufacturer-rated power limit for AM, FM, TV or Class A TV station transmitters. ( c ) A licensee may, without further authority or notification to the FCC, replace an existing main transmitter or install additional main transmitter(s) for use with the authorized antenna if the replacement or additional transmitter(s) has been approved with Supplier's Declaration of Conformity. Within 10 days after commencement of regular use of the replacement or additional transmitter(s), equipment performance measurements, as prescribed for the type of station are to be completed. Note 1 to paragraph ( c ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Transmitters previously authorized under subpart J of this chapter may remain in use. See § 2.950 of this chapter . Note 2 to paragraph ( c ): Pending the availability of AM broadcast transmitters that are authorized for use in the 1605-1705 kHz band, transmitters that are approved or verified for use in the 535-1605 kHz band may be utilized in the 1605-1705 kHz band if it is shown that the requirements of § 73.44 have been met. Equipment authorization for the transmitter will supersede the applicability of this note. [ 43 FR 53741 , Nov. 17, 1978, as amended at 47 FR 8590 , Mar. 1, 1982; 47 FR 28388 , June 30, 1982; 49 FR 4000 , Feb. 1, 1984; 51 FR 18451 , May 20, 1986; 56 FR 64872 , Dec. 12, 1991; 63 FR 36604 , July 7, 1998; 65 FR 30004 , May 10, 2000; 82 FR 50835 , Nov. 2, 2017; 87 FR 15344 , Mar. 18, 2022] § 73.1670 Auxiliary transmitters. ( a ) A licensee of a broadcast station may, without further authority from the FCC, install and use with the main antenna system one or more auxiliary transmitters for the following purposes: ( 1 ) The transmission of regular programs upon failure of the main transmitter. ( 2 ) The transmission of regular programs during maintenance or modification of the main transmitter. ( 3 ) Emergency broadcast system operation. ( 4 ) The transmission of regular programs by an AM station authorized for Presunrise (PSRA) and/or Postsunset (PSSA) operation. ( 5 ) The transmission of tests to determine the operating condition of the auxiliary transmitter or auxiliary antenna. ( 6 ) For testing, upon the request of representatives of the FCC. ( b ) Authorization to install an auxiliary transmitter for use with other than the main antenna or authorized auxiliary antenna must be obtained by filing an application for a construction permit on FCC form 301 (FCC form 340 for noncommercial educational stations). ( c ) The following technical and operating standards apply to auxiliary transmitters: ( 1 ) The auxiliary transmitter may be operated on only the station's authorized frequency and within the required carrier frequency departure tolerance for the type of station. ( 2 ) The carrier frequency of the auxiliary transmitter must be measured as often as necessary to ensure that it is maintained within the prescribed tolerance. ( 3 ) When using an auxiliary transmitter, the operating power may be less than the authorized power but may not exceed the authorized power within the permitted tolerance for the type of station. If operation with an auxiliary transmitter at reduced power continues for a period exceeding 10 days, the FCC in Washington, DC must be notified. (See § 73.51 , AM; § 73.267 , FM; § 73.567 , NCE-FM; and § 73.663 , TV). ( 4 ) Normal operator requirements apply to the operation of the auxiliary transmitter. Note: After January 1, 1979, new licenses will not be issued nor will existing licenses be renewed for auxiliary transmitters that are operated into the main antenna system. [ 43 FR 53741 , Nov. 17, 1978, as amended at 44 FR 22740 , Apr. 17, 1979; 48 FR 36463 , Aug. 11, 1983; 48 FR 42960 , Sept. 20, 1983; 48 FR 44806 , Sept. 30, 1983; 50 FR 32417 , Aug. 12, 1985; 51 FR 32088 , Sept. 9, 1986] § 73.1675 Auxiliary antennas. ( a ) ( 1 ) An auxiliary antenna is one that is permanently installed and available for use when the main antenna is out of service for repairs or replacement. An auxiliary antenna may be located at the same transmitter site as the station's main antenna or at a separate site. The service contour of the auxiliary antenna may not extend beyond the following corresponding contour for the main facility: ( i ) AM stations: The 0.5 mV/m field strength contours. ( ii ) FM stations: The 1.0 mV/m field strength contours. ( iii ) TV stations: The noise limited contour as defined in § 73.619(c) . ( iv ) Class A TV stations: The protected contours defined in § 73.6010 . ( 2 ) An application for an auxiliary antenna for an AM station filed pursuant to paragraphs (b) or (c) of this section must contain a map showing the 0.5 mV/m field strength contours of both the main and auxiliary facilities. ( b ) An application for a construction permit to install a new auxiliary antenna, or to make changes in an existing auxiliary antenna for which prior FCC authorization is required (see § 73.1690 ), must be filed electronically in LMS using FCC Form 2100 (see § 73.3500 for Schedules) for AM, FM, and TV stations, or on FCC Form 2100, Schedule 340 for noncommercial educational FM stations. ( c ) ( 1 ) Where an FM, TV or Class A TV licensee proposes to use a formerly licensed main facility as an auxiliary facility, or proposes to modify a presently authorized auxiliary facility, and no changes in the height of the antenna radiation center are required in excess of the limits in § 73.1690(c)(1) , the FM, TV or Class A TV licensee may apply for the proposed auxiliary facility by filing a modification of license application. The modified auxiliary facility must operate on the same channel as the licensed main facility. An exhibit must be provided with this license application to demonstrate compliance with § 73.1675(a) . All FM, TV and Class A TV licensees may request a decrease from the authorized facility's ERP in the license application. An FM, TV or Class A TV licensee may also increase the ERP of the auxiliary facility in a license modification application, provided the application contains an analysis demonstrating compliance with the Commission's radiofrequency radiation guidelines, and an analysis showing that the auxiliary facility will comply with § 73.1675(a) . Where an FM, TV, or Class A TV licensee or permittee proposes to mount an auxiliary facility on an AM tower, it must also demonstrate compliance with § 1.30003 in the license application. ( 2 ) Where an AM licensee proposes to use a former licensed main facility as an auxiliary facility with an ERP less than or equal to the ERP specified on the former main license, the AM station may apply to license the proposed auxiliary facility by filing a modification of license application on Form 302-AM. The proposed auxiliary facilities must have been previously licensed on the same frequency as the present main facility. The license application must contain an exhibit to demonstrate compliance with § 73.1675(a) . [ 43 FR 53741 , Nov. 17, 1978, as amended at 44 FR 22740 , Apr. 17, 1979; 45 FR 26066 , Apr. 17, 1980; 50 FR 13974 , Apr. 9, 1985; 62 FR 51060 , Sept. 30, 1997; 63 FR 70049 , Dec. 18, 1998; 65 FR 30005 , May 10, 2000; 78 FR 66298 , Nov. 5, 2013; 89 FR 7256 , Feb. 1, 2024] § 73.1680 Emergency antennas. ( a ) An emergency antenna is one that is erected for temporary use after the authorized main and auxiliary antennas are damaged and cannot be used. ( b ) Prior authority from the FCC is not required by licensees and permittees to erect and commence operations using an emergency antenna to restore program service to the public. However, an informal letter request to continue operation with the emergency antenna must be made within 24 hours to the FCC in Washington, DC, Attention: Audio Division (radio) or Video Division (television), Media Bureau, within 24 hours after commencement of its use. The request is to include a description of the damage to the authorized antenna, a description of the emergency antenna, and the station operating power with the emergency antenna. ( 1 ) AM stations. AM stations may use a horizontal or vertical wire or a nondirectional vertical element of a directional antenna as an emergency antenna. AM stations using an emergency nondirectional antenna or a horizontal or vertical wire pursuant to this section, in lieu or authorized directional facilities, shall operate with power reduced to 25% or less of the nominal licensed power, or, a higher power, not exceeding licensed power, while insuring that the radiated filed strength does not exceed that authorized in any given azimuth for the corresponding hours of directional operation. ( 2 ) FM, TV and Class A TV stations. FM, TV and Class A TV stations may erect any suitable radiator, or use operable sections of the authorized antenna(s) as an emergency antenna. ( c ) The FCC may prescribe the output power, radiation limits, or other operating conditions when using an emergency antenna, and emergency antenna authorizations may be modified or terminated in the event harmful interference is caused to other stations or services by the use of an emergency antenna. [ 43 FR 53741 , Nov. 17, 1978, as amended at 44 FR 22740 , Apr. 17, 1979; 50 FR 30948 , July 31, 1985; 63 FR 33878 , June 22, 1998; 65 FR 30005 , May 10, 2000; 67 FR 13232 , Mar. 21, 2002] § 73.1690 Modification of transmission systems. The following procedures and restrictions apply to licensee modifications of authorized broadcast transmission system facilities. ( a ) The following changes are prohibited: ( 1 ) Those that would result in the emission of signals outside of the authorized channel exceeding limits prescribed for the class of service. ( 2 ) Those that would cause the transmission system to exceed the equipment performance measurements prescribed for the class of service (AM, § 73.44 ; FM, §§ 73.317 , 73.319 , and 73.322 ; TV and Class A TV, §§ 73.682 and 73.687 ). ( b ) The following changes may be made only after the grant of a construction permit application on FCC Form 2100 (see § 73.3500 for Schedules) for AM, FM, and TV stations or Form 2100, Schedule 340 for noncommercial educational stations: ( 1 ) Any construction of a new tower structure for broadcast purposes, except for replacement of an existing tower with a new tower of identical height and geographic coordinates. ( 2 ) Any change in station geographic coordinates, including coordinate corrections of more than 3 seconds latitude and/or 3 seconds longitude. FM and TV directional stations must also file a construction permit application for any move of the antenna to another tower structure located at the same coordinates. ( 3 ) Any change which would require an increase along any azimuth in the composite directional antenna pattern of an FM station from the composite directional antenna pattern authorized (see § 73.316 ), or any increase from the authorized directional antenna pattern for a TV broadcast (see § 73.625 ) or Class A TV station (see § 73.6025 ). ( 4 ) Any change in the directional radiation characteristics of an AM directional antenna system. See § 73.45 and § 73.150 . ( 5 ) Any decrease in the authorized power of an AM station or the ERP of a TV or Class A TV station, or any decrease or increase in the ERP of an FM commercial station, which is intended for compliance with the multiple ownership rules in § 73.3555 . ( 6 ) For FM noncommercial educational stations, any of the following: ( i ) Any increase in the authorized maximum ERP, whether horizontally or vertically polarized, for a noncommercial educational FM station operating on Channels 201 through 220, or a Class D FM station operating on Channel 200. ( ii ) For those FM noncommercial educational stations on Channels 201 to 220, or a Class D FM station operating on Channel 200, which are within the separation distances specified in Table A of § 73.525 with respect to a Channel 6 television station, any increase in the horizontally or vertically polarized ERP from the presently authorized ERP. ( iii ) For those FM noncommercial educational stations on Channels 201 through 220 which are located within the separation distances in § 73.525 with respect to a Channel 6 television station, or a Class D FM station operating on Channel 200, any decrease in the presently authorized horizontal effective radiated power which would eliminate the horizontal ERP to result in use of vertical ERP only. ( iv ) For those FM noncommercial educational stations which employ separate antennas for the horizontal ERP and the vertical ERP, mounted at different heights, the station may not increase or decrease either the horizontal ERP or the vertical ERP without a construction permit. ( 7 ) Any increase in the authorized ERP of a television station, Class A television station, FM commercial station, or noncommercial educational FM station, except as provided for in § 73.1690(c)(4) , (c)(5) , or (c)(7) , or in § 73.1675(c)(1) in the case of auxiliary facilities. ( 8 ) A commercial TV or noncommercial educational TV station operating on Channels 14 or a Class A TV station on Channel 14 may increase its horizontally or vertically polarized ERP only after the grant of a construction permit. A television or Class A television station on Channels 15 through 21 within 341 km of a cochannel land mobile operation, or 225 km of a first-adjacent channel land mobile operation, must also obtain a construction permit before increasing the horizontally or vertically polarized ERP ( see § 74.709(a) and (b) of this chapter for tables of urban areas and corresponding reference coordinates of potentially affected land mobile operations). ( 9 ) Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's present assignment. ( c ) The following FM, TV and Class A TV station modifications may be made without prior authorization from the Commission. A modification of license application must be submitted to the Commission within 10 days of commencing program test operations pursuant to § 73.1620 . With the exception of applications filed solely pursuant to paragraphs (c)(6) , (c)(9) , or (c)(10) of this section, the modification of license application must contain an exhibit demonstrating compliance with the Commission's radio frequency radiation guidelines. In addition, except for applications solely filed pursuant to paragraphs (c)(6) or (c)(9) of this section, where the installation is located on or near an AM tower, as defined in § 1.30002 , an exhibit demonstrating compliance with § 1.30003 or § 1.30002 , as applicable, is also required. ( 1 ) Replacement of an omnidirectional antenna with one of the same or different number of antenna bays, provided that the height of the antenna radiation center is not more than 2 meters above or 4 meters below the authorized values. Any concurrent change in ERP must comply with § 73.1675(c)(1) , 73.1690(4) , (c)(5) , or (c)(7) . Program test operations at the full authorized ERP may commence immediately upon installation pursuant to § 73.1620(a)(1) . ( 2 ) Replacement of a directional FM antenna, where the measured or computer modeled composite directional antenna pattern does not exceed the licensed composite directional pattern at any azimuth, where no change in effective radiated power will result, and where compliance with the principal coverage requirements of § 73.315(a) will be maintained by the measured or computer modeled directional pattern. The antenna must be mounted not more than 2 meters above or 4 meters below the authorized values. The modification of license application on FCC Form 2100, Schedule 302-FM to cover the antenna replacement must contain all of the data in paragraphs (c)(2)(i) through (v) of this section. Program test operations at one half (50%) power may commence immediately upon installation pursuant to § 73.1620(a)(3) . However, if the replacement directional antenna is an exact replacement ( i.e., no change in manufacturer, antenna model number, AND measured or computer modeled composite antenna pattern), program test operations may commence immediately upon installation at the full authorized power. ( i ) A measured or computer modeled directional antenna pattern and tabulation on the antenna manufacturer's letterhead showing both the horizontally and vertically polarized radiation components and demonstrating that neither of the components exceeds the authorized composite antenna pattern along any azimuth. ( ii ) Contour protection stations authorized pursuant to § 73.215 or § 73.509 must attach a showing that the RMS (root mean square) of the composite measured or computer modeled directional antenna pattern is 85% or more of the RMS of the authorized composite antenna pattern. See § 73.316(c)(9) . If this requirement cannot be met, the licensee may include new relative field values with the license application to reduce the authorized composite antenna pattern so as to bring the measured or computer modeled composite antenna pattern into compliance with the 85 percent requirement. ( iii ) A description from the manufacturer as to the procedures used to measure or computer model the directional antenna pattern. The antenna measurements or computer modeling must be performed with the antenna mounted on a tower, tower section, or scale model equivalent to that on which the antenna will be permanently mounted, and the tower or tower section must include transmission lines, ladders, conduits, other antennas, and any other installations which may affect the measured or computer modeled directional pattern. ( iv ) A certification from a licensed surveyor that the antenna has been oriented to the proper azimuth. ( v ) A certification from a qualified engineer who oversaw installation of the directional antenna that the antenna was installed pursuant to the manufacturer's instructions. ( 3 ) A directional TV on Channels 2 through 13 or 22 through 36 or a directional Class A TV on Channels 2 through 13 or 22 through 36, or a directional TV or Class A TV station on Channels 15 through 21 which is in excess of 341 km (212 miles) from a cochannel land mobile operation or in excess of 225 km (140 miles) from a first-adjacent channel land mobile operation ( see § 74.709(a) and (b) of this chapter for tables of urban areas and reference coordinates of potentially affected land mobile operations), may replace a directional TV or Class A TV antenna by a license modification application, if the proposed horizontal theoretical directional antenna pattern does not exceed the licensed horizontal directional antenna pattern at any azimuth and where no change in effective radiated power will result. The modification of license application on Form 2100 (see § 73.3500 for Schedules) must contain all of the data set forth in § 73.625(c)(3) or § 73.6025(a) , as applicable. ( 4 ) Commercial and noncommercial educational FM stations operating on Channels 221 through 300 (except Class D), Class A TV stations operating on Channels 2 through 13 and 22 through 36, and TV and Class A TV stations operating on Channels 15 through 21 that are in excess of 341 km (212 miles) from a cochannel land mobile operation or in excess of 225 km (140 miles) from a first-adjacent channel land mobile operation ( see § 74.709(a) and (b) of this chapter for tables of urban areas and reference coordinates of potentially affected land mobile operations), which operate omnidirectionally, may increase the vertically polarized effective radiated power up to the authorized horizontally polarized effective radiated power in a license modification application. Noncommercial educational FM licensees and permittees on Channels 201 through 220, that do not use separate antennas mounted at different heights for the horizontally polarized ERP and the vertically polarized ERP, and are located in excess of the separations from a Channel 6 television station listed in Table A of § 73.525(a)(1) , may also increase the vertical ERP, up to (but not exceeding) the authorized horizontally polarized ERP via a license modification application. Program test operations may commence at full power pursuant to § 73.1620(a)(1) . ( 5 ) Those Class A FM commercial stations which were permitted to increase ERP pursuant to MM Docket No. 88-375 by a modification of license application remain eligible to do so, provided that the station meets the requirements of § 73.1690 (c)(1) and is listed on one of the Public Notices as authorized to increase ERP, or by a letter from the Commission's staff authorizing the change. These Public Notices were released on November 3, 1989; November 17, 1989; December 8, 1989; March 2, 1990; and February 11, 1991. The increased ERP must comply with the multiple ownership requirements of § 73.3555 . Program test operations may commence at full power pursuant to § 73.1620(a)(1) . ( 6 ) FM contour protection stations authorized pursuant to § 73.215 which have become fully spaced under § 73.207 may file a modification of license application to delete the § 73.215 contour protection designation with an exhibit to demonstrate that the station is fully spaced in accordance with § 73.207 . The contour protection designation will be removed upon grant of the license application. Applications filed under this rule section will be processed on a first come / first served basis with respect to conflicting FM commercial minor change applications and modification of license applications (including those filed pursuant to § 73.1690 (b) and (c)(6) and (c)(7) ). ( 7 ) FM omnidirectional commercial stations, and omnidirectional noncommercial educational FM stations operating on Channels 221 through 300 (except Class D), which are not designated as contour protection stations pursuant to § 73.215 and which meet the spacing requirements of § 73.207 , may file a license modification application to increase ERP to the maximum permitted for the station class, provided that any change in the height of the antenna radiation center remains in accordance with § 73.1690(c)(1) . Program test operations may commence at full power pursuant to § 73.1620(a)(1) . All of the following conditions also must be met before a station may apply pursuant to this section: ( i ) The station may not be a “grandfathered” short-spaced station authorized pursuant to § 73.213 or short-spaced by a granted waiver of § 73.207 ; ( ii ) If the station is located in or near a radio quiet zone, radio coordination zone, or a Commission monitoring station (see § 73.1030 and § 0.121(c) of this chapter ), the licensee or permittee must have secured written concurrence from the affected radio quiet zone, radio coordination zone, or the Commission's Public Safety and Homeland Security Bureau in the case of a monitoring station, to increase effective radiated power PRIOR to implementation. A copy of that concurrence must be submitted with the license application to document that concurrence has been received; ( iii ) The station does not require international coordination as the station does not lie within the border zones, or clearance has been obtained from Canada or Mexico for the higher power operation within the station's specified domestic class and the station complies with § 73.207(b)(2) and (3) with respect to foreign allotments and allocations; ( iv ) The increased ERP will not cause the station to violate the multiple ownership requirements of § 73.3555 . ( 8 ) FM commercial stations and FM noncommercial educational stations may decrease ERP on a modification of license application provided that exhibits are included to demonstrate that all five of the following requirements are met: ( i ) Commercial FM stations must continue to provide a 70 dBu principal community contour over the community of license, as required by § 73.315(a) . Noncommercial educational FM stations must continue to provide a 60 dBu contour over at least 50 percent of its community of license or reach 50 percent of the population within the community. The 60 and 70 dBu contours must be predicted by use of the standard contour prediction method in § 73.313(b) , (c) , and (d) . ( ii ) For commercial FM stations only, there is no change in the authorized station class as defined in § 73.211 . ( iii ) For commercial FM stations only, the power decrease is not necessary to achieve compliance with the multiple ownership rule, § 73.3555 . ( iv ) Commercial FM stations, noncommercial educational FM stations on Channels 221 through 300, and noncommercial educational FM stations on Channels 200 through 220 which are located in excess of the distances in Table A of § 73.525 with respect to a Channel 6 TV station, may not use this rule to decrease the horizontally polarized ERP below the value of the vertically polarized ERP. ( v ) Noncommercial educational FM stations on Channels 201 through 220 which are within the Table A distance separations of § 73.525 , or Class D stations on Channel 200, may not use the license modification process to eliminate an authorized horizontally polarized component in favor of vertically polarized-only operation. In addition, noncommercial educational stations operating on Channels 201 through 220, or Class D stations on Channel 200, which employ separate horizontally and vertically polarized antennas mounted at different heights, may not use the license modification process to increase or decrease either the horizontal ERP or vertical ERP without a construction permit. ( 9 ) The licensee of an AM, FM, or TV commercial station may propose to change from commercial to noncommercial educational on a modification of license application, provided that the application contains completed Sections II and IV of FCC Form 340. In addition, a noncommercial educational AM licensee, a TV licensee on a channel not reserved for noncommercial educational use, or an FM licensee on Channels 221 to 300 (except Class D FM) on a channel not reserved for noncommercial educational use, may apply to change from educational to commercial via a modification of license application, and no exhibits are required with the application. The change will become effective upon grant of the license application. ( 10 ) Replacement of a transmission line with one of a different type or length which changes the transmitter operating power (TPO) from the authorized value, but not the ERP, must be reported in a license modification application to the Commission. ( 11 ) Correction of geographic coordinates where the change is 3 seconds or fewer in latitude and/or 3 seconds or fewer in longitude, provided there is no physical change in location and no other licensed parameters are changed. The correction of coordinates may not result in any new short spacings or increases in existing short spacings. ( d ) The following changes may be made without authorization from the FCC, however informal notification of the changes must be made according to the rule sections specified: ( 1 ) Commencement of remote control operation pursuant to § 73.1400 . ( 2 ) Modification of an AM directional antenna sampling system. See § 73.68 . ( e ) Any electrical and mechanical modification to authorized transmitting equipment that is not otherwise restricted by the preceding provisions of this section, may be made without FCC notification or authorization. Equipment performance measurements must be made within ten days after completing the modifications (See § 73.1590 ). An informal statement, diagram, etc., describing the modification must be retained at the transmitter site for as long as the equipment is in use. [ 47 FR 8590 , Mar. 1, 1982] Editorial Note Editorial Note: For Federal Register citations affecting § 73.1690 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.1692 [Reserved] § 73.1695 Changes in transmission standards. The FCC will consider the question whether a proposed change or modification of transmission standards adopted for broadcast stations would be in the public interest, convenience, and necessity, upon petition being filed by the person proposing such change or modification, setting forth the following: ( a ) The exact character of the change or modification proposed; ( b ) The effect of the proposed change or modification upon all other transmission standards that have been adopted by the FCC for broadcast stations; ( c ) The experimentation and field tests that have been made to show that the proposed change or modification accomplishes an improvement and is technically feasible; ( d ) The effect of the proposed change or modification in the adopted standards upon operation and obsolescence of receivers; ( 1 ) Should a change of modification in the transmission standards be adopted by the FCC, the effective date thereof will be determined in the light of the considerations mentioned in this paragraph (d) ; ( 2 ) [Reserved] ( e ) The change in equipment required in existing broadcast stations for incorporating the proposed change or modification in the adopted standards; and ( f ) The facts and reasons upon which the petitioner bases the conclusion that the proposed change or modification would be in the public interest, convenience, and necessity. [ 49 FR 4211 , Feb. 3, 1984] § 73.1700 Broadcast day. The term broadcast day means that period of time between the station's sign-on and its sign-off. [ 43 FR 45849 , Oct. 4, 1978] § 73.1705 Time of operation. ( a ) Commercial and noncommercial educational TV and commercial FM stations will be licensed for unlimited time operation. Application may be made for voluntary share-time operation. ( b ) Noncommercial educational FM stations will be licensed for unlimited and share time operation according to the provisions of § 73.561 . ( c ) AM stations in the 535-1705 kHz band will be licensed for unlimited time. In the 535-1605 kHz band, stations that apply for share time and specified hours operations may also be licensed. AM stations licensed to operate daytime-only and limited-time may continue to do so; however, no new such stations will be authorized, except for fulltime stations that reduce operating hours to daytime-only for interference reduction purposes. [ 43 FR 45849 , Oct. 4, 1978, as amended at 56 FR 64872 , Dec. 12, 1991] § 73.1710 Unlimited time. Operation is permitted 24 hours a day. [ 43 FR 45849 , Oct. 4, 1978] § 73.1715 Share time. Operation is permitted by two or more broadcast stations using the same channel in accordance with a division of hours mutually agreed upon and considered part of their licenses. ( a ) If the licenses of stations authorized to share time do not specify hours of operation, the licensees shall endeavor to reach an agreement for a definite schedule of periods of time to be used by each. Such agreement shall be in writing and each licensee shall file it in duplicate original with each application to the FCC in Washington, DC for renewal of license. If and when such written agreements are properly filed in conformity with this section, the file mark of the FCC will be affixed thereto, one copy will be retained by the FCC, and one copy returned to the licensee and will be considered as part of the station's license. If the license specifies a proportionate time division, the agreement shall maintain this proportion. If no proportionate time division is specified in the license, the licensees shall agree upon a division of time. Such division of time shall not include simultaneous operation of the stations unless specifically authorized by the terms of the license ( b ) If the licensees of stations authorized to share time are unable to agree on a division of time, the FCC in Washington, DC shall be so notified by a statement filed with the applications for renewal of licenses. Upon receipt of such statement, the FCC will designate the applications for a hearing and, pending such hearing, the operating schedule previously adhered to shall remain in full force and effect. ( c ) A departure from the regular schedule in a time-sharing agreement will be permitted only in cases where an agreement to that effect is put in writing, is signed by the licensees of the stations affected thereby and filed in triplicate by each licensee with the FCC in Washington, DC prior to the time of the time of the proposed change. If time is of the essence, the actual departure in operating schedule may precede the actual filing of written agreement, provided appropriate notice is sent to the FCC. ( d ) If the license of an AM station authorized to share time does not specify the hours of operation, the station may be operated for the transmission of regular programs during the experimental period provided an agreement thereto is reached with the other stations with which the broadcast day is shared: And further provided, Such operation is not in conflict with § 73.72 (Operating during the experimental period). Time-sharing agreements for operation during the experimental period need not be submitted to the FCC. ( e ) Noncommercial educational FM stations are authorized for share time operation according to the provisions of § 73.561 . [ 43 FR 45849 , Oct. 4, 1978, as amended at 47 FR 40174 , Sept. 13, 1982; 84 FR 2758 , Feb. 8, 2019] § 73.1720 Daytime. Operation is permitted during the hours between average monthly local sunrise and average monthly local sunset. ( a ) The controlling times for each month of the year are stated in the station's instrument of authorization. Uniform sunrise and sunset times are specified for all of the days of each month, based upon the actual times of sunrise and sunset for the fifteenth day of the month adjusted to the nearest quarter hour. Sunrise and sunset times are derived by using the standardized procedure and the tables in the 1946 American Nautical Almanac issued by the United States Naval Observatory. ( b ) [Reserved] [ 43 FR 45849 , Oct. 4, 1978] § 73.1725 Limited time. ( a ) Operation is applicable only to Class B (secondary) AM stations on a clear channel with facilities authorized before November 30, 1959. Operation of the secondary station is permitted during daytime and until local sunset if located west of the Class A station on the channel, or until local sunset at the Class A station if located east of that station. Operation is also permitted during nighttime hours not used by the Class A station or other stations on the channel. ( b ) No authorization will be granted for: ( 1 ) A new limited time station; ( 2 ) A limited time station operating on a changed frequency; ( 3 ) A limited time station with a new transmitter site materially closer to the 0.1 mV/m contour of a co-channel U.S. Class A station; or ( 4 ) Modification of the operating facilities of a limited time station resulting in increased radiation toward any point on the 0.1 mV/m contour of a co-channel U.S. Class A station during the hours after local sunset in which the limited time station is permitted to operate by reason of location east of the Class A station. ( c ) The licensee of a secondary station which is authorized to operate limited time and which may resume operation at the time the Class A station (or stations) on the same channel ceases operation shall, with each application for renewal of license, file in triplicate a copy of its regular operating schedule. It shall bear a signed notation by the licensee of the Class A station of its objection or lack of objection thereto. Upon approval of such operating schedule, the FCC will affix its file mark and return one copy to the licensee authorized to operate limited time. Such approved operating schedule shall be considered part of the station's license. Departure from said operating schedule will be permitted only pursuant to § 73.1715 (Share time). [ 56 FR 64872 , Dec. 12, 1991, as amended at 84 FR 2758 , Feb. 8, 2019] § 73.1730 Specified hours. ( a ) Specified hours stations must operate in accordance with the exact hours specified in their license. However, such stations, operating on local channels, unless sharing time with other stations, may operate at hours beyond those specified in their licenses to carry special events programing. When such programs are carried during nighttime hours, the station's authorized nighttime facilities must be used. ( b ) Other exceptions to the adherence to the schedule of specified hours of operation are provided in § 73.72 (Operating during the experimental period), § 73.1250 (Broadcasting emergency information) and § 73.1740 (Minimum operating schedule). [ 43 FR 45850 , Oct. 4, 1978] § 73.1735 AM station operation pre-sunrise and post-sunset. Certain classes of AM stations are eligible to operate pre-sunrise and/or post-sunset for specified periods with facilities other than those specified on their basic instruments of authorization. Such pre-sunrise and post-sunset operation is authorized pursuant to the provisions of § 73.99 of the Rules. [ 49 FR 41249 , Oct. 22, 1984] § 73.1740 Minimum operating schedule. ( a ) All commercial broadcast stations are required to operate not less than the following minimum hours: ( 1 ) AM and FM stations. Two-thirds of the total hours they are authorized to operate between 6 a.m. and 6 p.m. local time and two-thirds of the total hours they are authorized to operate between 6 p.m. and midnight, local time, each day of the week except Sunday. ( i ) Class D stations which have been authorized nighttime operations need comply only with the minimum requirements for operation between 6 a.m. and 6 p.m., local time. ( 2 ) TV stations. ( i ) During the first 36 months of operation, not less than 2 hours daily in any 5 broadcast days per calendar week and not less than a total of: ( A ) 12 hours per week during the first 18 months. ( B ) 16 hours per week during the 19th through 24th months. ( C ) 20 hours per week during the 25th through 30th months. ( D ) 24 hours per week during the 31st through 36th months. ( ii ) After 36 months of operation, not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week. ( iii ) Visual transmissions of test patterns, slides, or still pictures accompanied by unrelated aural transmissions may not be counted in computing program service (see § 73.653 ). ( 3 ) “Operation” includes the period during which the station is operated pursuant to temporary authorization or program tests, as well as during the license period. ( 4 ) In the event that causes beyond the control of a licensee make it impossible to adhere to the operating schedule of this section or to continue operating, the station may limit or discontinue operation for a period of not more than 30 days without further authority from the FCC. A “Reduced Power” or “Suspension of Operation” Notification must be made via LMS not later than the 10th day of limited or discontinued operation. During such period, the licensee shall continue to adhere to the requirements in the station license pertaining to the lighting of antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period, the licensee will so notify the FCC of this date. If the causes beyond the control of the licensee make it impossible to comply within the allowed period, informal written request shall be made to the FCC no later than the 30th day for such additional time as may be deemed necessary. ( 5 ) Class A TV stations. Not less than 18 hours in each day of the week. ( b ) Noncommercial educational AM and TV stations are not required to operate on a regular schedule and no minimum hours of operation are specified; but the hours of actual operation during a license period shall be taken into consideration in the renewal of noncommercial educational AM and TV broadcast licenses. Noncommercial educational FM stations are subject to the operating schedule requirements according to the provisions of § 73.561 . ( c ) The license of any broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. [ 43 FR 45850 , Oct. 4, 1978, as amended at 53 FR 1032 , Jan. 15, 1988; 56 FR 64873 , Dec. 12, 1991; 61 FR 28767 , June 6, 1996; 65 FR 30006 , May 10, 2000; 89 FR 7257 , Feb. 1, 2024] § 73.1745 Unauthorized operation. ( a ) No broadcast station shall operate at times, or with modes or power, other than those specified and made a part of the license, unless otherwise provided in this part. ( b ) Any unauthorized departure from an operating schedule which is required to be filed with the FCC in Washington, DC, will be considered as a violation of a material term of the license. [ 43 FR 45850 , Oct. 4, 1978] § 73.1750 Discontinuance of operation. The licensee of each station shall provide notification to the FCC in a “Cancellation Application” via LMS of the permanent discontinuance of operation at least two days before operation is discontinued. Immediately after discontinuance of operation, the licensee shall forward the station license and other instruments of authorization to the FCC, Attention: Audio Division (radio) or Video Division (television), Media Bureau, for cancellation. The license of any station that fails to transmit broadcast signals for any consecutive 12 month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. If a licensee surrenders its license pursuant to an interference reduction agreement, and its surrender is contingent on the grant of another application, the licensee must identify in its notification the contingencies involved. [ 89 FR 7257 , Feb. 1, 2024] § 73.1800 General requirements related to the station log. ( a ) The licensee of each station must maintain a station log as required by § 73.1820 . This log shall be kept by station employees competent to do so, having actual knowledge of the facts required. All entries, whether required or not by the provisions of this part, must accurately reflect the station operation. Any employee making a log entry shall sign the log, thereby attesting to the fact that the entry, or any correction or addition made thereto, is an accurate representation of what transpired. ( b ) The logs shall be kept in an orderly and legible manner, in suitable form and in such detail that the data required for the particular class of station concerned are readily available. Key letters or abbreviations may be used if the proper meaning or explanation is contained elsewhere in the log. Each sheet must be numbered and dated. Time entries must be made in local time and must be indicated as advanced (e.g., EDT) or non-advanced (e.g., EST) time. ( c ) Any necessary corrections of a manually kept log after it has been signed in accordance with paragraph (a) of this section shall be made only by striking out the erroneous portion and making a corrective explanation on the log or attachment to it. Such corrections shall be dated and signed by the person who kept the log or the station chief operator, the station manager or an officer of the licensee. ( d ) No automatically kept log shall be altered in any way after entries have been recorded. When automatic logging processes fail or malfunction, the log must be kept manually for that period and in accordance with the requirements of this section. ( e ) No log, or portion thereof, shall be erased, obliterated or willfully destroyed during the period in which it is required to be retained. ( Section 73.1840 , Retention of logs.) ( f ) Application forms for licenses and other authorizations may require that certain technical operating data be supplied. These application forms should be kept in mind in connection with the maintenance of the station log. [ 43 FR 45850 , Oct. 4, 1978, as amended at 48 FR 38481 , Aug. 24, 1983; 48 FR 44806 , Sept. 30, 1983; 49 FR 14509 , Apr. 12, 1984; 49 FR 33663 , Aug. 24, 1984; 50 FR 40016 , Oct. 1, 1985] § 73.1820 Station log. ( a ) Entries must be made in the station log either manually by a person designated by the licensee who is in actual charge of the transmitting apparatus, or by automatic devices meeting the requirements of paragraph (b) of this section. Indications of operating parameters that are required to be logged must be logged prior to any adjustment of the equipment. Where adjustments are made to restore parameters to their proper operating values, the corrected indications must be logged and accompanied, if any parameter deviation was beyond a prescribed tolerance, by a notation describing the nature of the corrective action. Indications of all parameters whose values are affected by the modulation of the carrier must be read without modulation. The actual time of observation must be included in each log entry. The following information must be entered: ( 1 ) All stations. ( i ) Entries required by § 17.49 of this chapter concerning any observed or otherwise known extinguishment or improper functioning of a tower light: ( A ) The nature of such extinguishment or improper functioning. ( B ) The date and time the extinguishment or improper operation was observed or otherwise noted. ( C ) The date, time and nature of adjustments, repairs or replacements made. ( ii ) Any entries not specifically required in this section, but required by the instrument of authorization or elsewhere in this part. ( iii ) An entry of each test and activation of the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook. Stations may keep EAS data in a special EAS log which shall be maintained at a convenient location; however, this log is considered a part of the station log. ( 2 ) Directional AM stations without an FCC-approved antenna sampling system (See § 73.68 ). ( i ) An entry at the beginning of operations in each mode of operation, and thereafter at intervals not exceeding 3 hours, of the following (actual readings observed prior to making any adjustments to the equipment and an indication of any corrections to restore parameters to normal operating values): ( A ) Common point current. ( B ) When the operating power is determined by the indirect method, the efficiency factor F and either the product of the final amplifier input voltage and current or the calculated antenna input power. See § 73.51(e) . ( C ) Antenna monitor phase or phase deviation indications. ( D ) Antenna monitor sample currents, current ratios, or ratio deviation indications. ( ii ) Entries required by § 73.61 performed in accordance with the schedule specified therein. ( iii ) Entries of the results of calibration of automatic logging devices (see paragraph (b) of this section) or indicating instruments (see § 73.67 ), whenever performed. ( b ) Automatic devices accurately calibrated and with appropriate time, date and circuit functions may be utilized to record entries in the station log Provided: ( 1 ) The recording devices do not affect the operation of circuits or accuracy of indicating instruments of the equipment being recorded; ( 2 ) The recording devices have an accuracy equivalent to the accuracy of the indicating instruments; ( 3 ) The calibration is checked against the original indicators as often as necessary to ensure recording accuracy; ( 4 ) In the event of failure or malfunctioning of the automatic equipment, the person designated by the licensee as being responsible for the log small make the required entries in the log manually at that time; ( 5 ) The indicating equipment conforms to the requirements of § 73.1215 (Indicating instruments—specifications) except that the scales need not exceed 5 cm (2 inches) in length. Arbitrary scales may not be used. ( c ) In preparing the station log, original data may be recorded in rough form and later transcribed into the log. [ 43 FR 45854 , Oct. 4, 1978, as amended at 44 FR 58735 , Oct. 11, 1979; 47 FR 24580 , June 7, 1982; 48 FR 38481 , Aug. 24, 1983; 48 FR 44806 , Sept. 30, 1983; 49 FR 33603 , Aug. 23, 1984; 58 FR 44951 , Aug. 25, 1993; 59 FR 67102 , Dec. 28, 1994; 60 FR 55482 , Nov. 1, 1995] § 73.1835 Special technical records. The FCC may require a broadcast station licensee to keep operating and maintenance records as necessary to resolve conditions of actual or potential interference, rule violations, or deficient technical operation. [ 48 FR 38482 , Aug. 24, 1983] § 73.1840 Retention of logs. ( a ) Any log required to be kept by station licensees shall be retained by them for a period of 2 years. However, logs involving communications incident to a disaster or which include communications incident to or involved in an investigation by the FCC and about which the licensee has been notified, shall be retained by the licensee until specifically authorized in writing by the FCC to destroy them. Logs incident to or involved in any claim or complaint of which the licensee has notice shall be retained by the licensee until such claim or complaint has been fully satisfied or until the same has been barred by statute limiting the time for filing of suits upon such claims. ( b ) Logs may be retained on microfilm, microfiche or other data-storage systems subject to the following conditions: ( 1 ) Suitable viewing—reading devices shall be available to permit FCC inspection of logs pursuant to § 73.1226 , availability to FCC of station logs and records. ( 2 ) Reproduction of logs, stored on data-storage systems, to full-size copies, is required of licensees if requested by the FCC or the public as authorized by FCC rules. Such reproductions must be completed within 2 full work days of the time of the request. ( 3 ) Corrections to logs shall be made: ( i ) Prior to converting to a data-storage system pursuant to the requirements of § 73.1800 (c) and (d) , ( § 73.1800 , General requirements relating to logs). ( ii ) After converting to a data-storage system, by separately making such corrections and then associating with the related data-stored logs. Such corrections shall contain sufficient information to allow those reviewing the logs to identify where corrections have been made, and when and by whom the corrections were made. ( 4 ) Copies of any log required to be filed with any application; or placed in the station's local public inspection file as part of an application; or filed with reports to the FCC must be reproduced in fullsize form when complying with these requirements. [ 45 FR 41151 , June 18, 1980, as amended at 46 FR 13907 , Feb. 24, 1981; 46 FR 18557 , Mar. 25, 1981; 49 FR 33663 , Aug. 24, 1984] § 73.1870 Chief operators. ( a ) The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief operator on a temporary basis. ( b ) Chief operators shall be employed or serve on the following basis: ( 1 ) The chief operator for an AM station using a directional antenna or operating with greater than 10 kW authorized power, or of a TV station is to be an employee of the station on duty for whatever number of hours each week the station licensee determines is necessary to keep the station's technical operation in compliance with FCC rules and the terms of the station authorization. ( 2 ) Chief operators for non-directional AM stations operating with authorized powers not exceeding 10 kW and FM stations may be either an employee of the station or engaged to serve on a contract basis for whatever number of hours each week the licensee determines is necessary to keep the station's technical operation in compliance with the FCC rules and terms of the station authorization. ( 3 ) The designation of the chief operator must be in writing. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files. ( c ) The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. ( 1 ) Inspections and calibrations of the transmission system, required monitors, metering and control systems; and any necessary repairs or adjustments where indicated. (See § 73.1580 .) ( 2 ) Periodic AM field monitoring point measurements, equipment performance measurements, or other tests as specified in the rules or terms of the station license. ( 3 ) Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive. ( 4 ) Any entries which may be required in the station records. (See § 73.1820 .) [ 46 FR 35463 , July 8, 1981, as amended at 47 FR 31580 , July 21, 1982; 48 FR 38482 , Aug. 24, 1983; 48 FR 44806 , Sept. 30, 1983; 49 FR 20670 , May 16, 1984; 49 FR 50048 , Dec. 26, 1984; 50 FR 32416 , Aug. 12, 1985; 60 FR 55482 , Nov. 1, 1995; 65 FR 30006 , May 10, 2000; 84\nFR 2758 , Feb. 8, 2019] § 73.1940 Legally qualified candidates for public office. ( a ) A legally qualified candidate for public office is any person who: ( 1 ) Has publicly announced his or her intention to run for nomination or office; ( 2 ) Is qualified under the applicable local, State or Federal law to hold the office for which he or she is a candidate; and ( 3 ) Has met the qualifications set forth in either paragraph (b) , (c) , (d) , or (e) of this section. ( b ) A person seeking election to any public office including that of President or Vice President of the United States, or nomination for any public office except that of President or Vice President, by means of a primary, general or special election, shall be considered a legally qualified candidate if, in addition to meeting the criteria set forth in paragraph (a) of this section, that person: ( 1 ) Has qualified for a place on the ballot; or ( 2 ) Has publicly committed himself or herself to seeking election by the write-in method and is eligible under applicable law to be voted for by sticker, by writing in his or her name on the ballot or by other method, and makes a substantial showing that he or she is a bona fide candidate for nomination or office. ( c ) A person seeking election to the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules in 47 CFR chapter I , be considered legally qualified candidates only in those States or territories (or the District of Columbia) in which they have met the requirements set forth in paragraphs (a) and (b) of this section: Except, that any such person who has met the requirements set forth in paragraphs (a) and (b) of this section in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for election in all States, territories, and the District of Columbia for the purposes of this Act. ( d ) A person seeking nomination to any public office, except that of President or Vice President of the United States, by means of a convention, caucus or similar procedure, shall be considered a legally qualified candidate if, in addition to meeting the requirements set forth in paragraph (a) of this section, that person makes a substantial showing that he or she is a bona fide candidate for such nomination: Except, that no person shall be considered a legally qualified candidate for nomination by the means set forth in this paragraph prior to 90 days before the beginning of the convention, caucus or similar procedure in which he or she seeks nomination. ( e ) A person seeking nomination for the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules thereunder, be considered a legally qualified candidate only in those States or territories (or the District of Columbia) in which, in addition to meeting the requirements set forth in paragraph (a) of this section: ( 1 ) He or she, or proposed delegates on his or her behalf, have qualified for the primary or Presidential preference ballot in that State, territory or the District of Columbia; or ( 2 ) He or she has made a substantial showing of a bona fide candidacy for such nomination in that State, territory or the District of Columbia; except, that any such person meeting the requirements set forth in paragraphs (a)(1) and (2) of this section in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for nomination in all States, territories and the District of Columbia for purposes of this Act. ( f ) The term “substantial showing” of a bona fide candidacy as used in paragraphs (b) , (d) , and (e) of this section means evidence that the person claiming to be a candidate has: ( 1 ) Satisfied the requirements under applicable law to run as a write-in (such as registering, collecting signatures, paying fees, etc.); and ( 2 ) Has engaged to a substantial degree in activities commonly associated with political campaigning. Such activities normally would include making campaign speeches, distributing campaign literature, issuing press releases, maintaining a campaign committee, establishing campaign headquarters (even though the headquarters in some instances might be the residence of the candidate or his or her campaign manager), creating a campaign website, and using social media for the purpose of promoting or furthering a campaign for public office. Not all of the listed activities are necessarily required in each case to demonstrate a substantial showing, and there may be activities not listed herein which would contribute to such a showing. The creation of a campaign website and the use of social media shall be additional indicators of a bona fide candidacy, not determinative factors, and such digital activities must be combined with other activities commonly associated with political campaigning that are conducted in substantial portions of the relevant geographic area. [ 57 FR 27708 , June 22, 1992, as amended at 87 FR 7755 , Feb. 10, 2022] § 73.1941 Equal opportunities. ( a ) General requirements. Except as otherwise indicated in § 73.1944 , no station licensee is required to permit the use of its facilities by any legally qualified candidate for public office, but if any licensee shall permit any such candidate to use its facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities. Such licensee shall have no power of censorship over the material broadcast by any such candidate. Appearance by a legally qualified candidate on any: ( 1 ) Bona fide newscast; ( 2 ) Bona fide news interview; ( 3 ) Bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or ( 4 ) On-the-spot coverage of bona fide news events (including, but not limited to political conventions and activities incidental thereto) shall not be deemed to be use of broadcasting station. (section 315(a) of the Communications Act.) ( b ) Uses. As used in this section and § 73.1942 , the term “use” means a candidate appearance (including by voice or picture) that is not exempt under paragraphs 73.1941 (a)(1) through (a)(4) of this section. ( c ) Timing of request. A request for equal opportunities must be submitted to the licensee within 1 week of the day on which the first prior use giving rise to the right of equal opportunities occurred: Provided, however, That where the person was not a candidate at the time of such first prior use, he or she shall submit his or her request within 1 week of the first subsequent use after he or she has become a legally qualified candidate for the office in question. ( d ) Burden of proof. A candidate requesting equal opportunities of the licensee or complaining of noncompliance to the Commission shall have the burden of proving that he or she and his or her opponent are legally qualified candidates for the same public office. ( e ) Discrimination between candidates. In making time available to candidates for public office, no licensee shall make any discrimination between candidates in practices, regulations, facilities, or services for or in connection with the service rendered pursuant to this part, or make or give any preference to any candidate for public office or subject any such candidate to any prejudice or disadvantage; nor shall any licensee make any contract or other agreement which shall have the effect of permitting any legally qualified candidate for any public office to broadcast to the exclusion of other legally qualified candidates for the same public office. [ 57 FR 208 , Jan. 3, 1992, as amended at 59 FR 14568 , Mar. 29, 1994] § 73.1942 Candidate rates. ( a ) Charges for use of stations. The charges, if any, made for the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his or her campaign for nomination for election, or election, to such office shall not exceed: ( 1 ) During the 45 days preceding the date of a primary or primary runoff election and during the 60 days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and amount of time for the same period. ( i ) A candidate shall be charged no more per unit than the station charges its most favored commercial advertisers for the same classes and amounts of time for the same periods. Any station practices offered to commercial advertisers that enhance the value of advertising spots must be disclosed and made available to candidates on equal terms. Such practices include but are not limited to any discount privileges that affect the value of advertising, such as bonus spots, time-sensitive make goods, preemption priorities, or any other factors that enhance the value of the announcement. ( ii ) The Commission recognizes non-premptible, preemptible with notice, immediately preemptible and run-of-schedule as distinct classes of time. ( iii ) Stations may establish and define their own reasonable classes of immediately preemptible time so long as the differences between such classes are based on one or more demonstrable benefits associated with each class and are not based solely upon price or identity of the advertiser. Such demonstrable benefits include, but are not limited to, varying levels of preemption protection, scheduling flexibility, or associated privileges, such as guaranteed time-sensitive make goods. Stations may not use class distinctions to defeat the purpose of the lowest unit charge requirement. All classes must be fully disclosed and made available to candidates. ( iv ) Stations may establish reasonable classes of preemptible with notice time so long as they clearly define all such classes, fully disclose them and make available to candidates. ( v ) Stations may treat non-preemptible and fixed position as distinct classes of time provided that stations articulate clearly the differences between such classes, fully disclose them, and make them available to candidates. ( vi ) Stations shall not establish a separate, premium-period class of time sold only to candidates. Stations may sell higher-priced non-preemptible or fixed time to candidates if such a class of time is made available on a bona fide basis to both candidates and commercial advertisers, and provided such class is not functionally equivalent to any lower-priced class of time sold to commercial advertisers. ( vii ) [Reserved] ( viii ) Lowest unit charge may be calculated on a weekly basis with respect to time that is sold on a weekly basis, such as rotations through particular programs or dayparts. Stations electing to calculate the lowest unit charge by such a method must include in that calculation all rates for all announcements scheduled in the rotation, including announcements aired under long-term advertising contracts. Stations may implement rate increases during election periods only to the extent that such increases constitute “ordinary business practices,” such as seasonal program changes or changes in audience ratings. ( ix ) Stations shall review their advertising records periodically throughout the election period to determine whether compliance with this section requires that candidates receive rebates or credits. Where necessary, stations shall issue such rebates or credits promptly. ( x ) Unit rates charged as part of any package, whether individually negotiated or generally available to all advertisers, must be included in the lowest unit charge calculation for the same class and length of time in the same time period. A candidate cannot be required to purchase advertising in every program or daypart in a package as a condition for obtaining package unit rates. ( xi ) Stations are not required to include non-cash promotional merchandising incentives in lowest unit charge calculations; provided, however, that all such incentives must be offered to candidates as part of any purchases permitted by the licensee. Bonus spots, however, must be included in the calculation of the lowest unit charge calculation. ( xii ) Makes goods, defined as the rescheduling of preempted advertising, shall be provided to candidates prior to election day if a station has provided a time-sensitive make good during the year preceding the pre-election periods, perspectively set forth in paragraph (a)(1) of this section, to any commercial advertiser who purchased time in the same class. ( xiii ) Stations must disclose and make available to candidates any make good policies provided to commercial advertisers. If a station places a make good for any commercial advertiser or other candidate in a more valuable program or daypart, the value of such make good must be included in the calculation of the lowest unit charge for that program or daypart. ( 2 ) At any time other than the respective periods set forth in paragraph (a)(1) of this section, stations may charge legally qualified candidates for public office no more than the changes made for comparable use of the station by commercial advertisers. The rates, if any, charged all such candidates for the same office shall be uniform and shall not be rebated by any means, direct or indirect. A candidate shall be charged no more than the rate the station would charge for comparable commercial advertising. All discount privileges otherwise offered by a station to commercial advertisers must be disclosed and made available upon equal terms to all candidate for public office. ( b ) If a station permits a candidate to use its facilities, the station shall make all discount privileges offered to commercial advertisers, including the lowest unit charges for each class and length of time in the same time period, and all corresponding discount privileges, available upon equal terms to all candidates. This duty includes an affirmative duty to disclose to candidates information about rates, terms conditions and all value-enhancing discount privileges offered to commercial advertisers. Stations may use reasonable discretion in making the disclosure; provided, however, that the disclosure includes, at a minimum, the following information: ( 1 ) A description and definition of each class of time available to commercial advertisers sufficiently complete to allow candidates to identify and understand what specific attributes differentiate each class; ( 2 ) A description of the lowest unit charge and related privileges (such as priorities against preemption and make goods prior to specific deadlines) for each class of time offered to commercial advertisers; ( 3 ) A description of the station's method of selling preemptible time based upon advertiser demand, commonly known as the “current selling level,” with the stipulation that candidates will be able to purchase at these demand-generated rates in the same manner as commercial advertisers; ( 4 ) An approximation of the likelihood of preemption for each kind of preemptible time; and ( 5 ) An explanation of the station's sales practices, if any, that are based on audience delivery, with the stipulation that candidates will be able to purchase this kind of time, if available to commercial advertisers. ( c ) Once disclosure is made, stations shall negotiate in good faith to actually sell time to candidates in accordance with the disclosure. ( d ) This rule ( § 73.1942 ) shall not apply to any station licensed for non-commercial operation. [ 57 FR 209 , Jan. 3, 1992, as amended at 57 FR 27709 , June 22, 1992] § 73.1943 Political file. ( a ) A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that: ( 1 ) Is made by or on behalf of a legally qualified candidate for public office; or ( 2 ) Communicates a message relating to any political matter of national importance, including: ( i ) A legally qualified candidate; ( ii ) Any election to Federal office; or ( iii ) A national legislative issue of public importance. ( b ) A record maintained under paragraph (a) shall contain information regarding: ( 1 ) Whether the request to purchase broadcast time is accepted or rejected by the licensee; ( 2 ) The rate charged for the broadcast time; ( 3 ) The date and time on which the communication is aired; ( 4 ) The class of time that is purchased; ( 5 ) The name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable); ( 6 ) In the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ( 7 ) In the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. ( c ) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be placed in the political file. ( d ) All records required by this paragraph shall be placed in the online political file as soon as possible and shall be retained for a period of two years. As soon as possible means immediately absent unusual circumstances. [ 57 FR 210 , Jan. 3, 1992, as amended at 77 FR 27655 , May 11, 2012; 81 FR 10123 , Feb. 29, 2016; 85 FR 21078 , Apr. 16, 2020; 87 FR 7755 , Feb. 10, 2022; 87 FR 33441 , June 2, 2022] § 73.1944 Reasonable access. ( a ) Section 312(a)(7) of the Communications Act provides that the Commission may revoke any station license or construction permit for willful or repeated failure to allow reasonable access to, or to permit purchase of, reasonable amounts of time for the use of a broadcasting station by a legally qualified candidate for Federal elective office on behalf of his candidacy. ( b ) Weekend access. For purposes of providing reasonable access, a licensee shall make its facilities available for use by federal candidates on the weekend before the election if the licensee has provided similar access to commercial advertisers during the year preceding the relevant election period. Licensees shall not discriminate between candidates with regard to weekend access. [ 57 FR 210 , Jan. 3, 1992] § 73.2080 Equal employment opportunities (EEO). ( a ) General EEO policy. Equal opportunity in employment shall be afforded by all licensees or permittees of commercially or noncommercially operated AM, FM, TV, Class A TV or international broadcast stations (as defined in this part) to all qualified persons, and no person shall be discriminated against in employment by such stations because of race, color, religion, national origin, or sex. Religious radio broadcasters may establish religious belief or affiliation as a job qualification for all station employees. However, they cannot discriminate on the basis of race, color, national origin or gender from among those who share their religious affiliation or belief. For purposes of this rule, a religious broadcaster is a licensee which is, or is closely affiliated with, a church, synagogue, or other religious entity, including a subsidiary of such an entity. ( b ) General EEO program requirements. Each broadcast station shall establish, maintain, and carry out a positive continuing program of specific practices designed to ensure equal opportunity and nondiscrimination in every aspect of station employment policy and practice. Under the terms of its program, a station shall: ( 1 ) Define the responsibility of each level of management to ensure vigorous enforcement of its policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance; ( 2 ) Inform its employees and recognized employee organizations of the equal employment opportunity policy and program and enlist their cooperation; ( 3 ) Communicate its equal employment opportunity policy and program and its employment needs to sources of qualified applicants without regard to race, color, religion, national origin, or sex, and solicit their recruitment assistance on a continuing basis; ( 4 ) Conduct a continuing program to exclude all unlawful forms of prejudice or discrimination based upon race, color, religion, national origin, or sex from its personnel policies and practices and working conditions; and ( 5 ) Conduct a continuing review of job structure and employment practices and adopt positive recruitment, job design, and other measures needed to ensure genuine equality of opportunity to participate fully in all organizational units, occupations, and levels of responsibility. ( c ) Specific EEO program requirements. Under the terms of its program, a station employment unit must: ( 1 ) Recruit for every full-time job vacancy in its operation. A job filled by an internal promotion is not considered a vacancy for which recruitment is necessary. Religious radio broadcasters who establish religious affiliation as a qualification for a job position are not required to comply with these recruitment requirements with respect to that job position or positions, but will be expected to make reasonable, good faith efforts to recruit applicants who are qualified based on their religious affiliation. Nothing in this section shall be interpreted to require a broadcaster to grant preferential treatment to any individual or group based on race, color, national origin, religion, or gender. ( i ) A station employment unit shall use recruitment sources for each vacancy sufficient in its reasonable, good faith judgment to widely disseminate information concerning the vacancy. ( ii ) In addition to such recruitment sources, a station employment unit shall provide notification of each full-time vacancy to any organization that distributes information about employment opportunities to job seekers or refers job seekers to employers, upon request by such organization. To be entitled to notice of vacancies, the requesting organization must provide the station employment unit with its name, mailing address, e-mail address (if applicable), telephone number, and contact person, and identify the category or categories of vacancies of which it requests notice. (An organization may request notice of all vacancies). ( 2 ) Engage in at least four (if the station employment unit has more than ten full-time employees and is not located in a smaller market) or two (if it has five to ten full-time employees and/or is located entirely in a smaller market) of the following initiatives during each two-year period beginning with the date stations in the station employment unit are required to file renewal applications, or the second, fourth or sixth anniversaries of that date. ( i ) Participation in at least four job fairs by station personnel who have substantial responsibility in the making of hiring decisions; ( ii ) Hosting of at least one job fair; ( iii ) Co-sponsoring at least one job fair with organizations in the business and professional community whose membership includes substantial participation of women and minorities; ( iv ) Participation in at least four events sponsored by organizations representing groups present in the community interested in broadcast employment issues, including conventions, career days, workshops, and similar activities; ( v ) Establishment of an internship program designed to assist members of the community to acquire skills needed for broadcast employment; ( vi ) Participation in job banks, Internet programs, and other programs designed to promote outreach generally ( i.e., that are not primarily directed to providing notification of specific job vacancies); ( vii ) Participation in scholarship programs designed to assist students interested in pursuing a career in broadcasting; ( viii ) Establishment of training programs designed to enable station personnel to acquire skills that could qualify them for higher level positions; ( ix ) Establishment of a mentoring program for station personnel; ( x ) Participation in at least four events or programs sponsored by educational institutions relating to career opportunities in broadcasting; ( xi ) Sponsorship of at least two events in the community designed to inform and educate members of the public as to employment opportunities in broadcasting; ( xii ) Listing of each upper-level category opening in a job bank or newsletter of media trade groups whose membership includes substantial participation of women and minorities; ( xiii ) Provision of assistance to unaffiliated non-profit entities in the maintenance of web sites that provide counseling on the process of searching for broadcast employment and/or other career development assistance pertinent to broadcasting; ( xiv ) Provision of training to management level personnel as to methods of ensuring equal employment opportunity and preventing discrimination; ( xv ) Provision of training to personnel of unaffiliated non-profit organizations interested in broadcast employment opportunities that would enable them to better refer job candidates for broadcast positions; ( xvi ) Participation in other activities designed by the station employment unit reasonably calculated to further the goal of disseminating information as to employment opportunities in broadcasting to job candidates who might otherwise be unaware of such opportunities. ( 3 ) Analyze its recruitment program on an ongoing basis to ensure that it is effective in achieving broad outreach to potential applicants, and address any problems found as a result of its analysis. ( 4 ) Periodically analyze measures taken to: ( i ) Disseminate the station's equal employment opportunity program to job applicants and employees; ( ii ) Review seniority practices to ensure that such practices are nondiscriminatory; ( iii ) Examine rates of pay and fringe benefits for employees having the same duties, and eliminate any inequities based upon race, national origin, color, religion, or sex discrimination; ( iv ) Utilize media for recruitment purposes in a manner that will contain no indication, either explicit or implicit, of a preference for one race, national origin, color, religion or sex over another; ( v ) Ensure that promotions to positions of greater responsibility are made in a nondiscriminatory manner; ( vi ) Where union agreements exist, cooperate with the union or unions in the development of programs to ensure all persons of equal opportunity for employment, irrespective of race, national origin, color, religion, or sex, and include an effective nondiscrimination clause in new or renegotiated union agreements; and ( vii ) Avoid the use of selection techniques or tests that have the effect of discriminating against any person based on race, national origin, color, religion, or sex. ( 5 ) Retain records to document that it has satisfied the requirements of paragraphs (c)(1) and (2) of this section. Such records, which may be maintained in an electronic format, shall be retained until after grant of the renewal application for the term during which the vacancy was filled or the initiative occurred. Such records need not be submitted to the FCC unless specifically requested. The following records shall be maintained: ( i ) Listings of all full-time job vacancies filled by the station employment unit, identified by job title; ( ii ) For each such vacancy, the recruitment sources utilized to fill the vacancy (including, if applicable, organizations entitled to notification pursuant to paragraph (c)(1)(ii) of this section, which should be separately identified), identified by name, address, contact person and telephone number; ( iii ) Dated copies of all advertisements, bulletins, letters, faxes, e-mails, or other communications announcing vacancies; ( iv ) Documentation necessary to demonstrate performance of the initiatives required by paragraph (c)(2) of this section, including sufficient information to fully disclose the nature of the initiative and the scope of the station's participation, including the station personnel involved; ( v ) The total number of interviewees for each vacancy and the referral source for each interviewee; and ( vi ) The date each vacancy was filled and the recruitment source that referred the hiree. ( 6 ) Annually, on the anniversary of the date a station is due to file its renewal application, the station shall place in its public file, maintained pursuant to § 73.3526 or § 73.3527 , and on its website, if it has one, an EEO public file report containing the following information (although if any broadcast licensee acquires a station pursuant to FCC Form 2100 Schedule 314 or FCC Form 2100 Schedule 315 during the twelve months covered by the EEO public file report, its EEO public file report shall cover the period starting with the date it acquired the station): ( i ) A list of all full-time vacancies filled by the station's employment unit during the preceding year, identified by job title; ( ii ) For each such vacancy, the recruitment source(s) utilized to fill the vacancy (including, if applicable, organizations entitled to notification pursuant to paragraph (c)(1)(ii) of this section, which should be separately identified), identified by name, address, contact person and telephone number; ( iii ) The recruitment source that referred the hiree for each full-time vacancy during the preceding year; ( iv ) Data reflecting the total number of persons interviewed for full-time vacancies during the preceding year and the total number of interviewees referred by each recruitment source utilized in connection with such vacancies; and ( v ) A list and brief description of initiatives undertaken pursuant to paragraph (c)(2) of this section during the preceding year. ( d ) Small station exemption. The provisions of paragraphs (b) and (c) of this section shall not apply to station employment units that have fewer than five full-time employees. ( e ) Definitions. For the purposes of this rule: ( 1 ) A full-time employee is a permanent employee whose regular work schedule is 30 hours per week or more. ( 2 ) A station employment unit is a station or a group of commonly owned stations in the same market that share at least one employee. ( 3 ) A smaller market includes metropolitan areas as defined by the Office of Management and Budget with a population of fewer than 250,000 persons and areas outside of all metropolitan areas as defined by the Office of Management and Budget. ( f ) Enforcement. The following provisions apply to employment activity concerning full-time positions at each broadcast station employment unit (defined in this part) employing five or more persons in full-time positions, except where noted. ( 1 ) All broadcast stations, including those that are part of an employment unit with fewer than five full-time employees, shall file a Broadcast Equal Employment Opportunity Program Report (Form 2100 Schedule 396) with their renewal application. Form 2100 Schedule 396 is filed on the date the station is due to file its application for renewal of license. If a broadcast licensee acquires a station pursuant to FCC Form 2100 Schedule 314 or FCC Form 2100 Schedule 315 during the period that is to form the basis for the Form 2100 Schedule 396, information provided on its Form 2100 Schedule 396 should cover the licensee's EEO recruitment activity during the period starting with the date it acquired the station. Stations are required to maintain a copy of their Form 2100 Schedule 396 in the station's public file in accordance with the provisions of §§ 73.3526 and 73.3527 . ( 2 ) The Commission will conduct a mid-term review of the employment practices of each broadcast television station that is part of an employment unit of five or more full-time employees and each radio station that is part of an employment unit of eleven or more full-time employees, four years following the station's most recent license expiration date as specified in § 73.1020 . If a broadcast licensee acquires a station pursuant to FCC Form 2100 Schedule 314 or FCC Form 2100 Schedule 315 during the period that is to form the basis for the mid-term review, that review will cover the licensee's EEO recruitment activity during the period starting with the date it acquired the station. ( 3 ) If a station is subject to a time brokerage agreement, the licensee shall file Form s 2100 Schedule 396 and EEO public file reports concerning only its own recruitment activity. If a licensee is a broker of another station or stations, the licensee-broker shall include its recruitment activity for the brokered station(s) in determining the bases of Form s 2100 Schedule 396 and the EEO public file reports for its own station. If a licensee-broker owns more than one station, it shall include its recruitment activity for the brokered station in the Form s 2100 Schedule 396 and EEO public file reports filed for its own station that is most closely affiliated with, and in the same market as, the brokered station. If a licensee-broker does not own a station in the same market as the brokered station, then it shall include its recruitment activity for the brokered station in the Form s 2100 Schedule 396 and EEO public file reports filed for its own station that is geographically closest to the brokered station. ( 4 ) Broadcast stations subject to this section shall maintain records of their recruitment activity necessary to demonstrate that they are in compliance with the EEO rule. Stations shall ensure that they maintain records sufficient to verify the accuracy of information provided in Form 2100 Schedule 396 and EEO public file reports. To determine compliance with the EEO rule, the Commission may conduct inquiries of licensees at random or if it has evidence of a possible violation of the EEO rule. In addition, the Commission will conduct random audits. Specifically, each year approximately five percent of all licensees in the television and radio services will be randomly selected for audit, ensuring that, even though the number of radio licensees is significantly larger than television licensees, both services are represented in the audit process. Upon request, stations shall make records available to the Commission for its review. ( 5 ) The public may file complaints throughout the license term based on the contents of a station's public file. Provisions concerning filing, withdrawing, or non-filing of informal objections or petitions to deny license renewal, assignment, or transfer applications are delineated in §§ 73.3584 and 73.3587-3589 of the Commission's rules. ( g ) Sanctions and remedies. The Commission may issue appropriate sanctions and remedies for any violation of this rule. [ 68 FR 689 , Jan. 7, 2003, as amended at 84 FR 21723 , May 15, 2019; 89 FR 7257 , Feb. 1, 2024] § 73.2090 Ban on discrimination in broadcast transactions. No qualified person or entity shall be discriminated against on the basis of race, color, religion, national origin or sex in the sale of commercially operated AM, FM, TV, Class A TV or international broadcast stations (as defined in this part). [ 73 FR 28369 , May 16, 2008] § 73.3500 Application and report forms. ( a ) Following are the FCC broadcast application and report forms, listed by number. Table 1 to Paragraph ( a ) Form No. Title 175 Application to Participate in an FCC Auction. 2100 Schedule A Application for Authority to Construct or Make Changes in a TV Commercial Broadcast/Noncommercial Educational Broadcast Station. 2100 Schedule 301-AM Application for AM Station Construction Permit. 2100 Schedule 301-FM Application for Commercial FM Station Construction Permit. 2100 Schedule 302-AM Application for AM Broadcast Station License. 2100 Schedule E Application for Class A Television Broadcasting Station Construction Permit. 2100 Schedule 302-FM Application for FM Station License. 2100 Schedule B Application for Television Broadcast Station License. 2100 Schedule F Application for Class A Television Broadcast Station License. 2100 Schedule 303-S Application for Renewal of License for Commercial or Noncommercial AM, FM, TV, Class A TV, FM Translator, TV Translator, LPTV, or LPFM Station. 308 Application for Permit to Deliver Programs to Foreign Broadcast Stations. 309 Application for Authority to Construct or Make Changes in an International or Experimental Broadcast Station. 310 Application for an International or Experimental Broadcast Station License. 311 Application for Renewal of an International or Experimental Broadcast Station License. 2100 Schedule 314 Application for Consent to Assignment of Broadcast Station Construction Permit or License. 2100 Schedule 315 Application for Consent to Transfer of Control of Entity Holding Broadcast Station Construction Permit or License. 2100 Schedule 316 Application for Consent to Assign Broadcast Station Construction Permit or License or Transfer Control of Entity Holding Broadcast Station Construction Permit or License. 2100 Schedule 318 Application for Low Power FM Station Construction Permit. 2100 Schedule 319 Application for Low Power FM Station License. 323 Ownership Report for Commercial Broadcast Stations. 323-E Ownership Report for Noncommercial Educational Broadcast Stations. 2100 Schedule 340 Application for Noncommercial Educational FM Station Construction Permit. 2100 Schedule 345 Application for Consent to Assign Construction Permit or License for TV or FM Translator or Low Power TV Station, or to Transfer Control of Entity Holding TV or FM Translator or Low Power TV Station. 2100 Schedule C Application for Authority to Construct or Make Changes in a Low Power TV or TV Translator Station. 2100 Schedule D Application for a Low Power TV or TV Translator Station License. 2100 Schedule 349 Application for FM Translator or FM Booster Station Construction Permit. 2100 Schedule 350 Application for FM Translator or FM Booster Station License. 395-B Annual Employment Report and instructions. 2100 Schedule 396 Broadcast Equal Employment Opportunity Program Report. 2100 Schedule 396-A Broadcast Equal Employment Opportunity Model Program Report. 2100 Schedule H Children's Television Programming Report. 601 FCC Application for Wireless Telecommunications Bureau Radio Service Authorization. 603 FCC Wireless Telecommunications Bureau Application for Assignments of Authorization and Transfers of Control. ( b ) Any application on Form 2100 must be filed electronically. [ 89 FR 7258 , Feb. 1, 2024] § 73.3511 Applications required. ( a ) Formal application means any request for authorization where an FCC form for such request is prescribed. The prescription of an FCC form includes the requirement that the proper edition of the form is used. Formal applications on obsolete forms are subject to the provisions of § 73.3564 concerning acceptance of applications and § 73.3566 concerning defective applications. ( b ) Informal application 1 means all other written requests for authorization. All such applications should contain a caption clearly indicating the nature of the request submitted therein. ( c ) Formal and informal applications must comply with the requirements as to signing specified herein and in § 73.3513 . [ 44 FR 38486 , July 2, 1979, as amended at 47 FR 40172 , Sept. 13, 1982] § 73.3512 Where to file; number of copies. All applications for authorizations required by § 73.3511 shall be filed at the FCC in Washington, DC (Applications requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with § 0.401(b) of the rules.) The number of copies required for each application is set forth in the FCC Form which is to be used in filing such application. [ 52 FR 10231 , Mar. 31, 1987] § 73.3513 Signing of applications. ( a ) Applications, amendments thereto, and related statements of fact required by the FCC must be signed by the following persons: ( 1 ) Individual Applicant. The applicant, if the applicant is an individual. ( 2 ) Partnership. One of the partners, if the applicant is a partnership. ( 3 ) Corporation. An officer, if the applicant is a corporation. ( 4 ) Unincorporated Association. A member who is an officer, if the applicant is an unincorporated association. ( 5 ) Governmental Entity. Such duly elected or appointed officials as may be competent to do so under the law of the applicable jurisdiction, if the applicant is an eligible governmental entity, such as a State or Territory of the United States and political subdivisions thereof, the District of Columbia, and a unit of local government, including an unincorporated municipality. ( b ) Applications, amendments thereto, and related statements of fact required by the FCC may be signed by the applicant's attorney in case of the applicant's physical disability or of his absence from the United States. The attorney shall in that event separately set forth the reason why the application is not signed by the applicant. In addition, if any matter is stated on the basis of the attorney's belief only (rather than his knowledge), he shall separately set forth his reasons for believing that such statements are true. ( c ) Facsimile signatures are acceptable. Only the original of applications, amendments, or related statements of fact, need be signed; copies may be conformed. ( d ) Applications, amendments, and related statements of fact need not be submitted under oath. Willful false statements made therein however, will be considered a violation of § 73.1015 , are also punishable by fine and imprisonment, U.S. Code, Title 18, section 1001, and by appropriate adminstrative sanctions including revocation of station license pursuant to section 312(a)(i) of the Communications Act. [ 44 FR 38487 , July 2, 1979, as amended at 51 FR 3069 , Jan. 23, 1986; 64 FR 56978 , Oct. 22, 1999] § 73.3514 Content of applications. ( a ) Each application shall include all information called for by the particular form on which the application is required to be filed, unless the information called for is inapplicable, in which case this fact shall be indicated. ( b ) The FCC may require an applicant to submit such documents and written statements of fact as in its judgment may be necessary. The FCC may also, upon its own motion or upon motion of any party to a proceeding, order the applicant to amend the application so as to make it more definite and certain. [ 44 FR 38487 , July 2, 1979] § 73.3516 Specification of facilities. ( a ) An application for facilities in the AM, FM, TV or Class A TV broadcast services, or low power TV service shall be limited to one frequency, or channel, and no application will be accepted for filing if it requests an alternate frequency or channel. Applications specifying split frequency AM operations using one frequency during daytime hours complemented by a different frequency during nighttime hours will not be accepted for filing. ( b ) An application for facilities in the experimental and auxiliary broadcast services may request the assignment of more than one frequency if consistent with applicable rules in Part 74. Such applications must specify the frequency or frequencies requested and may not request alternate frequencies. ( c ) An application for a construction permit for a new broadcast station, the facilities for which are specified in an outstanding construction permit or license, will not be accepted for filing. ( d ) An application for facilities in the International broadcast service may be filed without a request for specific frequency, as the FCC will assign frequencies from time to time in accordance with §§ 73.702 and 73.711 . ( e ) A petition to deny an application for renewal of license of an existing broadcast station will be considered as timely filed if it is tendered for filing by the end of the first day of the last full calendar month of the expiring license term. ( 1 ) If the license renewal application is not timely filed as prescribed in § 73.3539 , the deadline for filing petitions to deny thereto is the 90th day after the FCC gives public notice that it has accepted the late-filed renewal application for filing. ( 2 ) If any deadline falls on a nonbusiness day, the cutoff shall be the close of business of the first full business day thereafter. ( 3 ) The dates when the licenses of all broadcast and broadcast auxiliary services regularly expire are listed in §§ 73.733 , 73.1020 and 74.15 . [ 44 FR 38487 , July 2, 1979, as amended at 47 FR 21494 , May 18, 1982; 49 FR 47843 , Dec. 7, 1984; 51 FR 44071 , Dec. 8, 1986; 56 FR 64873 , Dec. 12, 1991; 61 FR 18291 , Apr. 25, 1996; 65 FR 30006 , May 10, 2000; 89 FR 7258 , Feb. 1, 2024] § 73.3517 Contingent applications. Contingent applications for new stations and for changes in facilities of existing stations are not acceptable for filing. Contingent applications will be accepted for filing under circumstances described below: ( a ) Upon filing of an application for the assignment of a license or construction permit, or for a transfer of control of a licensee or permittee, the proposed assignee or transferee may, upon payment of the processing fee prescribed in Subpart G, Part 1 of this chapter , file applications in its own name for authorization to make changes in the facilities to be assigned or transferred contingent upon approval and consummation of the assignment or transfer. Any application filed pursuant to this paragraph must be accompanied by a written statement from the existing licensee which specifically grants permission to the assignee or permittee to file such application. The processing fee will not be refundable should the assignment or transfer not be approved. The existing licensee or permittee may also file a contingent application in its own name, but fees in such cases also not refundable. ( b ) Whenever the FCC determines that processing of any application filed pursuant to paragraph (a) of this section, would be contrary to sound administrative practice or would impose an unwarranted burden on its staff and resources, the FCC may defer processing of such application until the assignment or transfer has been granted and consummated. ( c ) Upon payment of the filing fees prescribed in § 1.1111 of this chapter , the Commission will accept two or more applications filed by existing AM licensees for modification of facilities that are contingent upon granting of both, if granting such contingent applications will reduce interference to one or more AM stations or will otherwise increase the area of interference-free service. The applications must state that they are filed pursuant to an interference reduction arrangement and must cross-reference all other contingent applications. ( d ) Modified proposals curing conflicts between mutually exclusive clusters of applications filed in accordance with paragraphs (c) of this section will be accepted for 60 days following issuance of a public notice identifying such conflicts. ( e ) The Commission will accept up to four contingently related applications filed by FM licensees and/or permittees for minor modification of facilities. Two applications are related if the grant of one is necessary to permit the grant of the second application. Each application must state that it is filed as part of a related group of applications to make changes in facilities, must cross-reference each of the related applications, and must include a copy of the agreement to undertake the coordinated facility modifications. All applications must be filed on the same date. Any coordinated facility modification filing that proposes the cancellation of a community's sole noncommercial educational FM station license also must include a public interest justification. Dismissal of any one of the related applications as unacceptable will result in the dismissal of all the related applications. Note 1: No application to move to a frequency in the 1605-1705 kHz band may be part of any package of contingent applications associated with a voluntary agreement. Note 2: In cases where no modified proposal is filed pursuant to paragraph (d) of this section, the Commission will grant the application resulting in the greatest net interference reduction. [ 44 FR 38487 , July 2, 1979, as amended at 45 FR 41152 , June 18, 1980; 52 FR 5294 , Feb. 20, 1987; 53 FR 36787 , Sept. 22, 1988; 56 FR 64873 , Dec. 12, 1991; 64 FR 19501 , Apr. 21, 1999] § 73.3518 Inconsistent or conflicting applications. While an application is pending and undecided, no subsequent inconsistent or conflicting application may be filed by or on behalf of or for the benefit of the same applicant, successor or assignee. [ 44 FR 38487 , July 2, 1979] § 73.3519 Repetitious applications. ( a ) Where the FCC has denied an application for a new station or for any modification of services or facilities, or dismissed such application with prejudice, no like application involving service of the same kind for substantially the same area by substantially the same applicant, or his successor or assignee, or on behalf or for the benefit of the original parties in interest, may be filed within 12 months from the effective date of the FCC's action. ( b ) Where an appeal has been taken from the action of the FCC in denying a particular application, another application for the same class of broadcast station and for the same area, in whole or in part, filed by the same applicant, or his successor or assignee, or on behalf of, or for the benefit of the original parties in interest, will not be considered until final disposition of such appeal. [ 44 FR 38488 , July 2, 1979, as amended at 89 FR 7258 , Feb. 1, 2024] § 73.3520 Multiple applications. Where there is one application for new or additional facilities pending, no other application for new or additional facilities for a station of the same class to serve the same community may be filed by the same applicant, or successor or assignee, or on behalf of, or for the benefit of the original parties in interest. Multiple applications may not be filed simultaneously. [ 44 FR 38488 , July 2, 1979] § 73.3521 Mutually exclusive applications for low power television and television translator stations. When there is a pending application for a new low power television or television translator station, or for major changes in an existing station, no other application which would be directly mutually exclusive with the pending application may be filed by the same applicant or by any applicant in which any individual in common with the pending application has any interest, direct or indirect, except that interests or less than 1% will not be considered. [ 89 FR 7258 , Feb. 1, 2024] § 73.3522 Amendment of applications. ( a ) Broadcast services subject to competitive bidding. ( 1 ) Applicants in all broadcast services subject to competitive bidding will be subject to the provisions of §§ 73.5002 and 1.2105(b) regarding the modification of their short-form applications. ( 2 ) Subject to the provision of § 73.5005 , if it is determined that a long form application submitted by a winning bidder or a non-mutually exclusive applicant for a new station or a major change in an existing station in all broadcast services subject to competitive bidding is substantially complete, but contains any defect, omission, or inconsistency, a deficiency letter will be issued affording the applicant an opportunity to correct the defect, omission or inconsistency. Amendments may be filed pursuant to the deficiency letter curing any defect, omission or inconsistency identified by the Commission, or to make minor modifications to the application, or pursuant to § 1.65 . Such amendments should be filed in accordance with § 73.3513 . If a petition to deny has been filed, the amendment shall be served on the petitioner. ( 3 ) Subject to the provisions of §§ 73.3571 , 73.3572 and 73.3573 , deficiencies, omissions or inconsistencies in long-form applications may not be cured by major amendment. The filing of major amendments to long-form applications is not permitted. An application will be considered to be newly filed if it is amended by a major amendment. ( 4 ) Paragraph (a) of this section is not applicable to applications for minor modifications of facilities in the non-reserved FM broadcast service, nor to any application for a reserved band FM station. ( b ) Reserved Channel FM and reserved noncommercial educational television stations. Applications may be amended after Public Notice announcing a period for filing amendments. Amendments, when applicable, are subject to the provisions of §§ 73.3514 , 73.3525 , 73.3572 , 73.3573 , 73.3580 , and § 1.65 of this chapter . Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to § 1.65 of this chapter or § 73.3514 : ( 1 ) A § 73.7002 Selectee. A Public Notice will announce that the application of a § 73.7002 Selectee (selected based on fair distribution) has been found acceptable for filing. If any Selectee's application is determined unacceptable the application will be returned and the Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor and must not alter the § 73.7002 preference. ( 2 ) A § 73.7003 Tentative Selectee. A Public Notice will announce that the application of a § 73.7003 Tentative Selectee (selected through a point system) has been found acceptable for filing. If any Tentative Selectee's application is determined unacceptable the application will be returned and the Tentative Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor and must claim the same number of qualitative points as originally claimed, or more points than claimed by the applicant with the next highest point total. ( 3 ) A Public Notice will identify all other reserved channel applications, such as non-mutually exclusive applications and the sole remaining application after a settlement among mutually exclusive applications. If any such application is determined unacceptable the application will be returned and the applicant will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor. ( c ) Minor modifications of facilities in the non-reserved FM broadcast service. ( 1 ) Subject to the provisions of §§ 73.3525 , 73.3573 , and 73.3580 , for a period of 30 days following the FCC's issuance of a Public Notice announcing the tender of an application for minor modification of a non-reserved band FM station, (other than Class D stations), minor amendments may be filed as a matter of right. ( 2 ) For applications received on or after August 7, 1992, an applicant whose application is found to meet minimum filing requirements, but nevertheless is not complete and acceptable, shall have the opportunity during the period specified in the FCC staff's deficiency letter to correct all deficiencies in the tenderability and acceptability of the underlying application, including any deficiency not specifically identified by the staff. [For minimum filing requirements see § 73.3564(a) . Examples of tender defects appear at 50 FR 19936 at 19945-46 (May 13, 1985), reprinted as Appendix D, Report and Order, MM Docket No. 91-347, 7 FCC Rcd 5074, 5083-88 (1992). For examples of acceptance defects, see 49 FR 47331 .] Prior to the end of the period specified in the deficiency letter, a submission seeking to correct a tender and/or acceptance defect in an application meeting minimum filing requirements will be treated as an amendment for good cause if it would successfully and directly correct the defect. Other amendments submitted prior to grant will be considered only upon a showing of good cause for late filing or pursuant to § 1.65 or § 73.3514 . ( 3 ) Unauthorized or untimely amendments are subject to return by the Commission without consideration. However, an amendment to a non-reserved band application will not be accepted if the effect of such amendment is to alter the proposed facility's coverage area so as to produce a conflict with an applicant who files subsequent to the initial applicant but prior to the amendment application. Similarly, an applicant subject to “first come/first serve” processing will not be permitted to amend its application and retain filing priority if the result of such amendment is to alter the facility's coverage area so as to produce a conflict with an applicant which files subsequent to the initial applicant but prior to the amendment. Note 1 to § 73.3522 : When two or more broadcast applications are tendered for filing which are mutually exclusive with each other but not in conflict with any previously filed applications which have been accepted for filing, the FCC, where appropriate, will announce acceptance of the earliest tendered application and place the later filed application or applications on a subsequent public notice of acceptance for filing in order to establish a deadline for the filing of amendments as a matter of right for all applicants in the group. [ 63 FR 48623 , Sept. 11, 1998, as amended at 65 FR 36378 , June 8, 2000] § 73.3525 Agreements for removing application conflicts. ( a ) Whenever applicants for a construction permit for a broadcast station enter into an agreement to procure the removal of a conflict between applications pending before the FCC by withdrawal or amendment of an application or by its dismissal pursuant to § 73.3568 , all parties thereto shall, within 5 days after entering into the agreement, file with the FCC a joint request for approval of such agreement. The joint request shall be accompanied by a copy of the agreement, including any ancillary agreements, and an affidavit of each party to the agreement setting forth: ( 1 ) The reasons why it is considered that such agreement is in the public interest; ( 2 ) A statement that its application was not filed for the purpose of reaching or carrying out such agreement; ( 3 ) A certification that neither the applicant nor its principals has received any money or other consideration in excess of the legitimate and prudent expenses of the applicant; Provided That this provision shall not apply to bona fide merger agreements; ( 4 ) The exact nature and amount of any consideration paid or promised; ( 5 ) An itemized accounting of the expenses for which it seeks reimbursement; and ( 6 ) The terms of any oral agreement relating to the dismissal or withdrawal of its application. ( b ) Except where a joint request is filed pursuant to paragraph (a) of this section, any applicant filing an amendment pursuant to § 73.3522(b)(1) and (c) , or a request for dismissal pursuant to § 73.3568(b)(1) and (c) , which would remove a conflict with another pending application; or a petition for leave to amend pursuant to § 73.3522(b)(2) which would permit a grant of the amended application or an application previously in conflict with the amended application; or a request for dismissal pursuant to § 73.3568(b)(2) , shall file with it an affidavit as to whether or not consideration (including an agreement for merger of interests) has been promised to or received by such applicant, directly or indirectly, in connection with the amendment, petition or request. Although § 74.780 of this chapter makes this section generally applicable to low power TV and TV translators stations, paragraph (b) of this section shall not be applicable to such stations. ( c ) Upon the filing of a petition for leave to amend or to dismiss an application for broadcast facilities which has been designated for hearing or upon the dismissal of such application on the FCC's own motion pursuant to § 73.3568 , each applicant or party remaining in hearing, as to whom a conflict would be removed by the amendment or dismissal shall submit for inclusion in the record of that proceeding an affidavit stating whether or not he has directly or indirectly paid or promised consideration (including an agreement for merger of interests) in connection with the removal of such conflict. ( d ) Where an affidavit filed pursuant to paragraph (c) of this section states that consideration has been paid or promised, the affidavit shall set forth in full all relevant facts, including, but not limited to, the material listed in paragraph (a) of this section for inclusions in affidavits. ( e ) Affidavits filed pursuant to this section shall be executed by the applicant, permittee or licensee, if an individual; a partner having personal knowledge of the facts, if a partnership; or an officer having personal knowledge of the facts, if a corporation or association. ( f ) Requests and affidavits which relate to an application which has not been designated for hearing shall bear the file number of such application. If the affiant is also an applicant, the affidavit shall also bear the file number of affiant's pending application(s). Requests and affidavits which relate to an application which is designated for hearing shall bear the file number of that application and the hearing docket number and will be acted on by the presiding officer. ( g ) For the purposes of this section an application shall be deemed to be “pending” before the FCC and a party shall be considered to have the status of an “applicant” from the time an application is filed with the FCC until an order of the FCC granting or denying it is no longer subject to reconsideration by the FCC or to review by any court. ( h ) For purposes of this section, “legitimate and prudent expenses” are those expenses reasonably incurred by an applicant in preparing, filing, prosecuting, and settling its application for which reimbursement is being sought. ( i ) For purposes of this section, “other consideration” consists of financial concessions, including, but not limited to the transfer of assets or the provision of tangible pecuniary benefit, as well as non-financial concessions that confer any type of benefit on the recipient. ( j ) For purposes of this section, an “ancillary agreement” means any agreement relating to the dismissal of an application or settling of a proceeding, including any agreement on the part of an applicant or principal of an applicant to render consulting services to another party or principal of another party in the poroceeding. ( k ) The prohibition of collusion as set forth in §§ 1.2105(c) of this chapter and 73.5002, which becomes effective upon the filing of short-form applications, shall apply to all broadcast services subject to competitive bidding. [ 56 FR 28097 , June 19, 1991, as amended at 63 FR 48624 , Sept. 11, 1998; 85 FR 46794 , June 18, 2020; 89 FR 7258 , Feb. 1, 2024] § 73.3526 Online public inspection file of commercial stations. ( a ) Responsibility to maintain a file. The following shall maintain for public inspection a file containing the material set forth in this section. ( 1 ) Applicants for a construction permit for a new station in the commercial broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraphs (e)(2) and (e)(10) of this section. A separate file shall be maintained for each station for which an application is pending. If the application is granted, paragraph (a)(2) of this section shall apply. ( 2 ) Every permittee or licensee of an AM, FM, TV or Class A TV station in the commercial broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraphs (e)(1) through (e)(10) and paragraph (e)(13) of this section. In addition, every permittee or licensee of a commercial TV or Class A TV station shall maintain for public inspection a file containing material, relating to that station, described in paragraphs (e)(11) and (e)(15) of this section, and every permittee or licensee of a commercial AM or FM station shall maintain for public inspection a file containing the material, relating to that station, described in paragraphs (e)(12) and (e)(14) of this section. A separate file shall be maintained for each station for which an authorization is outstanding, and the file shall be maintained so long as an authorization to operate the station is outstanding. ( b ) Location of the file. The public inspection file shall be located as follows: ( 1 ) An applicant for a new station or change of community shall maintain its file at an accessible place in the proposed community of license. ( 2 ) ( i ) A television or radio station licensee or applicant shall place the contents required by paragraph (e) of this section of its public inspection file in the online public file hosted by the Commission. ( ii ) A station must provide a link to the public inspection file hosted on the Commission's website from the home page of its own website, if the station has a website, and provide contact information on its website for a station representative that can assist any person with disabilities with issues related to the content of the public files. A station also is required to include in the online public file the station's address and telephone number, and the email address of the station's designated contact for questions about the public file. ( 3 ) The Commission will automatically link the following items to the electronic version of all licensee and applicant public inspection files, to the extent that the Commission has these items electronically: authorizations, applications, contour maps; ownership reports and related materials; portions of the Equal Employment Opportunity file held by the Commission; “The Public and Broadcasting”; Letters of Inquiry and other investigative information requests from the Commission, unless otherwise directed by the inquiry itself; Children's television programming reports; and DTV transition education reports. In the event that the online public file does not reflect such required information, the licensee will be responsible for posting such material. ( c ) Access to material in the file. For any applicant described in paragraph (b)(1) of this section that does not include all material described in paragraph (e) of this section in the online public file hosted by the Commission, the portion of the file that is not included in the online public file shall be available for public inspection at any time during regular business hours at an accessible place in the community of license. The applicant must provide information regarding the location of the file, or the applicable portion of the file, within one business day of a request for such information. All or part of the file may be maintained in a computer database, as long as a computer terminal is made available, at the location of the file, to members of the public who wish to review the file. Material in the public inspection file shall be made available for printing or machine reproduction upon request made in person. The applicant may specify the location for printing or reproduction, require the requesting party to pay the reasonable cost thereof, and may require guarantee of payment in advance (e.g., by requiring a deposit, obtaining credit card information, or any other reasonable method). Requests for copies shall be fulfilled within a reasonable period of time, which generally should not exceed 7 days. ( d ) Responsibility in case of assignment or transfer. ( 1 ) In cases involving applications for consent to assignment of broadcast station construction permits or licenses, with respect to which public notice is required to be given under the provisions of § 73.3580 or § 73.3594 , the file mentioned in paragraph (a) of this section shall be maintained by the assignor. If the assignment is consented to by the FCC and consummated, the assignee shall maintain the file commencing with the date on which notice of the consummation of the assignment is filed with the FCC. The assignee shall retain public file documents obtained from the assignor for the period required under these rules. ( 2 ) In cases involving applications for consent to transfer of control of a permittee or licensee of a broadcast station, the file mentioned in paragraph (a) of this section shall be maintained by the permittee or licensee. ( e ) Contents of the file. The material to be retained in the public inspection file is as follows: ( 1 ) Authorization. A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any related materials shall be placed in the file. ( 2 ) Applications and related materials. A copy of any application tendered for filing with the FCC, together with all related material, and copies of Initial Decisions and Final Decisions in hearing cases pertaining thereto. If petitions to deny are filed against the application and have been served on the applicant, a statement that such a petition has been filed shall be maintained in the file together with the name and address of the party filing the petition. Applications shall be retained in the public inspection file until final action has been taken on the application, except that applications for a new construction permit granted pursuant to a waiver showing and applications for assignment or transfer of license granted pursuant to a waiver showing shall be retained for as long as the waiver is in effect. In addition, license renewal applications granted on a short-term basis shall be retained until final action has been taken on the license renewal application filed immediately following the shortened license term. ( 3 ) ( i ) Citizen agreements. A copy of every written citizen agreement. These agreements shall be retained for the term of the agreement, including any renewal or extension thereof. ( ii ) For purposes of this section, a citizen agreement is a written agreement between a broadcast applicant, permittee, or licensee, and one or more citizens or citizen groups, entered for primarily noncommercial purposes. This definition includes those agreements that deal with goals or proposed practices directly or indirectly affecting station operations in the public interest, in areas such as—but not limited to—programming and employment. It excludes common commercial agreements such as advertising contracts; union, employment, and personal services contracts; network affiliation, syndication, program supply contracts, etc. However, the mere inclusion of commercial terms in a primarily noncommercial agreement—such as a provision for payment of fees for future services of the citizen-parties (see “Report and Order,” Docket 19518, 57 FCC 2d 494 (1976))—would not cause the agreement to be considered commercial for purposes of this section. ( 4 ) Contour maps. A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding the station. ( 5 ) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the new report and any related materials shall be placed in the file. The permittee or licensee must retain in the public file either a copy of the station documents listed in § 73.3613(a) through (c) or an up-to-date list of such documents. If the permittee or licensee elects to maintain an up-to-date list of such documents, the list must include all the information that the permittee or licensee is required to provide on ownership reports for each document, including, but not limited to, a description of the document, the parties to the document, the month and year of execution, the month and year of expiration, and the document type (e.g., network affiliation agreement, articles of incorporation, bylaws, management consultant agreement with independent contractor). Regardless of which of these two options the permittee or licensee chooses, it must update the inventory of § 73.3613 documents in the public file to reflect newly executed § 73.3613 documents, amendments, supplements, and cancellations within 30 days of execution thereof. Licensees and permittees that choose to retain a list of § 73.3613 documents must provide a copy of any § 73.3613 document(s) to requesting parties within 7 days. In maintaining copies of such documents in the public file or providing copies upon request, confidential or proprietary information may be redacted where appropriate. ( 6 ) Political file. Such records as are required by § 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be retained for the period specified in § 73.1943 (2 years). ( 7 ) Equal Employment Opportunity file. Such information as is required by § 73.2080 to be kept in the public inspection file. These materials shall be retained until final action has been taken on the station's next license renewal application. ( 8 ) The public and broadcasting. At all times, a copy of the most recent version of the manual entitled “The Public and Broadcasting.” ( 9 ) [Reserved] ( 10 ) Material relating to FCC investigation or complaint. Material having a substantial bearing on a matter which is the subject of an FCC investigation or complaint to the FCC of which the applicant, permittee, or licensee has been advised. This material shall be retained until the applicant, permittee, or licensee is notified in writing that the material may be discarded. ( 11 ) ( i ) TV issues/programs lists. For commercial TV and Class A broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October—December, April 10 for the quarter January—March, etc.) The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs shall include, but shall not be limited to, the time, date, duration, and title of each program in which the issue was treated. The lists described in this paragraph shall be retained in the public inspection file until final action has been taken on the station's next license renewal application. ( ii ) Records concerning commercial limits. For commercial TV and Class A TV broadcast stations, records sufficient to permit substantiation of the station's certification, in its license renewal application, of compliance with the commercial limits on children's programming established in 47 U.S.C. 303a and § 73.670 . The records for each calendar year must be filed by the thirtieth day of the succeeding calendar year. These records shall be retained until final action has been taken on the station's next license renewal application. ( iii ) Children's television programming reports. For commercial TV broadcast stations on an annual basis, a completed Children's Television Programming Report (“Report”), on FCC Form 2100 Schedule H, reflecting efforts made by the licensee during the preceding year to serve the educational and informational needs of children. The Report is to be electronically filed with the Commission by the thirtieth (30) day of the succeeding calendar year. A copy of the Report will also be linked to the station's online public inspection file by the FCC. The Report shall identify the licensee's educational and informational programming efforts, including programs aired by the station that are specifically designed to serve the educational and informational needs of children. The Report shall include the name of the individual at the station responsible for collecting comments on the station's compliance with the Children's Television Act, and it shall be separated from other materials in the public inspection file. These Reports shall be retained in the public inspection file until final action has been taken on the station's next license renewal application. ( 12 ) Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October—December, April 10 for the quarter January—March, etc.). The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs shall include, but shall not be limited to, the time, date, duration, and title of each program in which the issue was treated. The lists described in this paragraph shall be retained in the public inspection file until final action has been taken on the station's next license renewal application. ( 13 ) Local public notice announcements. Each applicant for renewal of license shall, within 7 days of the last day of broadcast of the local public notice of filing announcements required pursuant to § 73.3580(c)(3) , place in the station's online public inspection file a statement certifying compliance with this paragraph (e)(13) . The dates and times that the on-air announcements were broadcast shall be made part of the certifying statement. The certifying statement shall be retained in the public file for the period specified in § 73.3580(e)(2) (for as long as the application to which it refers). ( 14 ) Radio and television time brokerage agreements. For commercial radio and television stations, a copy of every agreement or contract involving time brokerage of the licensee's station or of another station by the licensee, whether the agreement involves stations in the same markets or in differing markets, with confidential or proprietary information redacted where appropriate. These agreements shall be placed in the public file within 30 days of execution and retained in the file as long as the contract or agreement is in force. ( 15 ) Must-carry or retransmission consent election. Statements of a commercial television or Class A television station's election with respect to either must-carry or re-transmission consent, as defined in §§ 76.64 and 76.1608 of this chapter . These records shall be retained for the duration of the three year election period to which the statement applies. Commercial television stations shall, no later than July 31, 2020, provide an up-to-date email address and phone number for carriage-related questions and respond as soon as is reasonably possible to messages or calls from multichannel video programming distributors (MVPDs). Each commercial television station is responsible for the continuing accuracy and completeness of the information furnished. ( 16 ) Radio and television joint sales agreements. For commercial radio and commercial television stations, a copy of agreement for the joint sale of advertising time involving the station, whether the agreement involves stations in the same markets or in differing markets, with confidential or proprietary information redacted where appropriate. These agreements shall be placed in the public file within 30 days of execution and retained in the file as long as the contract or agreement is in force. ( 17 ) Class A TV continuing eligibility. Documentation sufficient to demonstrate that the Class A television station is continuing to meet the eligibility requirements set forth at § 73.6001 . ( 18 ) Shared service agreements. For commercial television stations, a copy of every Shared Service Agreement for the station (with the substance of oral agreements reported in writing), regardless of whether the agreement involves commercial television stations in the same market or in different markets, with confidential or proprietary information redacted where appropriate. For purposes of this paragraph, a Shared Service Agreement is any agreement or series of agreements in which: ( 1 ) A station provides any station-related services, including, but not limited to, administrative, technical, sales, and/or programming support, to a station that is not directly or indirectly under common de jure control permitted under the Commission's regulations; or ( 2 ) Stations that are not directly or indirectly under common de jure control permitted under the Commission's regulations collaborate to provide or enable the provision of station-related services, including, but not limited to, administrative, technical, sales, and/or programming support, to one or more of the collaborating stations. For purposes of this paragraph, the term “station” includes the licensee, including any subsidiaries and affiliates, and any other individual or entity with an attributable interest in the station. (19) Foreign sponsorship disclosures. Documentation sufficient to demonstrate that the station is continuing to meet the requirements set forth at § 73.1212(j)(7) . ( f ) ( 1 ) For purposes of this section, action taken on an application tendered with the FCC becomes final when that action is no longer subject to reconsideration, review, or appeal either at the FCC or in the courts. ( 2 ) For purposes of this section, the term “all related material” includes all exhibits, letters, and other documents tendered for filing with the FCC as part of an application, report, or other document, all amendments to the application, report, or other document, copies of all documents incorporated therein by reference and not already maintained in the public inspection file, and all correspondence between the FCC and the applicant pertaining to the application, report, or other document, which according to the provisions of §§ 0.451 through 0.461 of this chapter are open for public inspection at the offices of the FCC. [ 63 FR 49497 , Sept. 16, 1998] Editorial Note Editorial Note: For Federal Register citations affecting § 73.3526 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.3527 Online public inspection file of noncommercial educational stations. ( a ) Responsibility to maintain a file. The following shall maintain for public inspection a file containing the material set forth in this section. ( 1 ) Applicants for a construction permit for a new station in the noncommercial educational broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraph (e)(2) and (e)(11) of this section. A separate file shall be maintained for each station for which an application is pending. If the application is granted, paragraph (a)(2) of this section shall apply. ( 2 ) Every permittee or licensee of an AM, FM, or TV station in the noncommercial educational broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraphs (e)(1) through (e)(11) of this section. In addition, every permittee or licensee of a noncommercial educational TV station shall maintain for public inspection a file containing material, relating to that station, described in paragraphs (e)(12) of this section. A separate file shall be maintained for each station for which an authorization is outstanding, and the file shall be maintained so long as an authorization to operate the station is outstanding. ( b ) Location of the file. The public inspection file shall be located as follows: ( 1 ) An applicant for a new station or change of community shall maintain its file at an accessible place in the proposed community of license. ( 2 ) ( i ) A noncommercial educational television or radio station licensee or applicant shall place the contents required by paragraph (e) of this section of its public inspection file in the online public file hosted by the Commission. ( ii ) A station must provide a link to the online public inspection file hosted by the Commission from the home page of its own website, if the station has a website, and provide contact information for a station representative on its website that can assist any person with disabilities with issues related to the content of the public files. A station also is required to include in the online public file hosted by the Commission the station's address and telephone number, and the email address of the station's designated contact for questions about the public file. ( 3 ) The Commission will automatically link the following items to the electronic version of all licensee and applicant public inspection files, to the extent that the Commission has these items electronically: Authorizations; applications; contour maps; ownership reports and related materials; portions of the Equal Employment Opportunity file held by the Commission; and “The Public and Broadcasting”. ( c ) Access to material in the file. For any applicant described in paragraph (b)(1) of this section that does not include all material described in paragraph (e) of this section in the online public file hosted by the Commission, the portion of the file that is not included in the online public file shall be available for public inspection at any time during regular business hours at an accessible place in the community of license. The applicant must provide information regarding the location of the file, or the applicable portion of the file, within one business day of a request for such information. All or part of the file may be maintained in a computer database, as long as a computer terminal is made available, at the location of the file, to members of the public who wish to review the file. Material in the public inspection file shall be made available for printing or machine reproduction upon request made in person. The applicant may specify the location for printing or reproduction, require the requesting party to pay the reasonable cost thereof, and may require guarantee of payment in advance (e.g., by requiring a deposit, obtaining credit card information, or any other reasonable method). Requests for copies shall be fulfilled within a reasonable period of time, which generally should not exceed 7 days. ( d ) Responsibility in case of assignment or transfer. ( 1 ) In cases involving applications for consent to assignment of broadcast station construction permits or licenses, with respect to which public notice is required to be given under the provisions of § 73.3580 or § 73.3594 , the file mentioned in paragraph (a) of this section shall be maintained by the assignor. If the assignment is consented to by the FCC and consummated, the assignee shall maintain the file commencing with the date on which notice of the consummation of the assignment is filed with the FCC. The assignee shall retain public file documents obtained from the assignor for the period required under these rules. ( 2 ) In cases involving applications for consent to transfer of control of a permittee or licensee of a broadcast station, the file mentioned in paragraph (a) of this section shall be maintained by the permittee or licensee. ( e ) Contents of the file. The material to be retained in the public inspection file is as follows: ( 1 ) Authorization. A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any related materials shall be placed in the file. ( 2 ) Applications and related materials. A copy of any application tendered for filing with the FCC, together with all related material, including supporting documentation of any points claimed in the application pursuant to § 73.7003 , and copies of FCC decisions pertaining thereto. If petitions to deny are filed against the application and have been served on the applicant, a statement that such a petition has been filed shall be maintained in the file together with the name and address of the party filing the petition. Applications shall be retained in the public inspection file until final action has been taken on the application, except that applications for a new construction permit granted pursuant to a waiver showing and applications for assignment or transfer of license granted pursuant to a waiver showing shall be retained for as long as the waiver is in effect. In addition, license renewal applications granted on a short-term basis shall be retained until final action has been taken on the license renewal application filed immediately following the shortened license term. ( 3 ) Contour maps. A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding the station. ( 4 ) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any subsequent statement filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the new report and any related materials shall be placed in the file. The permittee or licensee must retain in the public file either a copy of the station documents listed in § 73.3613(a) through (c) or an up-to-date list of such documents. If the permittee or licensee elects to maintain an up-to-date list of such documents, the list must include all the information that the permittee or licensee is required to provide on ownership reports for each document, including, but not limited to, a description of the document, the parties to the document, the month and year of execution, the month and year of expiration, and the document type (e.g., network affiliation agreement, articles of incorporation, bylaws, management consultant agreement with independent contractor). Regardless of which of these two options the permittee or licensee chooses, it must update the inventory of § 73.3613 documents in the public file to reflect newly executed § 73.3613 documents, amendments, supplements, and cancellations within 30 days of execution thereof. Licensees and permittees that choose to maintain a list of § 73.3613 documents must provide a copy of any § 73.3613 document(s) to requesting parties within 7 days. In maintaining copies of such documents in the public file or providing copies upon request, confidential or proprietary information may be redacted where appropriate. ( 5 ) Political file. Such records as are required by § 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be retained for the period specified in § 73.1943 (2 years). ( 6 ) Equal Employment Opportunity file. Such information as is required by § 73.2080 to be kept in the public inspection file. These materials shall be retained until final action has been taken on the station's next license renewal application. ( 7 ) The Public and Broadcasting. At all times, a copy of the most recent version of the manual entitled “The Public and Broadcasting.” ( 8 ) Issues/Programs lists. For nonexempt noncommercial educational broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for the quarter January-March, etc.). The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs shall include, but shall not be limited to, the time, date, duration, and title of each program in which the issue was treated. For the purposes of this section, exempt applicants, permittees, or licensees include those whose existing or prospective facilities are Class D FM stations or whose programming is wholly “Instructional”. ( 9 ) Donor lists. The lists of donors supporting specific programs. These lists shall be retained for two years from the date of the broadcast of the specific program supported. ( 10 ) Local public notice announcements. Each applicant for renewal of license shall, within 7 days of the last day of broadcast of the local public notice of filing announcements required pursuant to § 73.3580(c)(3) , place in the station's online public inspection file a statement certifying compliance with this paragraph (e)(10) . The dates and times that the on-air announcements were broadcast shall be made part of the certifying statement. The certifying statement shall be retained in the public file for the period specified in § 73.3580(e)(2) (for as long as the application to which it refers). ( 11 ) Material relating to FCC investigation or complaint. Material having a substantial bearing on a matter which is the subject of an FCC investigation or complaint to the FCC of which the applicant, permittee, or licensee has been advised. This material shall be retained until the applicant, permittee, or licensee is notified in writing that the material may be discarded. ( 12 ) Must-carry requests. Noncommercial television stations shall, no later than July 31, 2020, provide an up-to-date email address and phone number for carriage-related questions and respond as soon as is reasonably possible to messages or calls from multichannel video programming distributors (MVPDs). Each noncommercial television station is responsible for the continuing accuracy and completeness of the information furnished. Any such station requesting mandatory carriage pursuant to part 76 of this chapter shall place a copy of such request in its public file and shall retain both the request and relevant correspondence for the duration of any period to which the request applies. ( 13 ) [Reserved] ( 14 ) Information on Third-Party Fundraising. For noncommercial educational broadcast stations that interrupt regular programming to conduct fundraising activities on behalf of a third-party non-profit organization pursuant to § 73.503(e) (FM stations) or § 73.621(f) (television stations), every three months, the following information for each third-party fundraising program or activity: The date, time, and duration of the fundraiser; the type of fundraising activity; the name of the non-profit organization benefitted by the fundraiser; a brief description of the specific cause or project, if any, supported by the fundraiser; and, to the extent that the station participated in tallying or receiving any funds for the non-profit group, an approximation of the total funds raised. The information for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for the quarter January-March, etc.). ( 15 ) Foreign sponsorship disclosures. Documentation sufficient to demonstrate that the station is continuing to meet the requirements set forth at § 73.1212(j)(7) . ( f ) ( 1 ) For purposes of this section, a decision made with respect to an application tendered with the FCC becomes final when that decision is no longer subject to reconsideration, review, or appeal either at the FCC or in the courts. ( 2 ) For purposes of this section, the term “all related material” includes all exhibits, letters, and other documents tendered for filing with the FCC as part of an application, report, or other document, all amendments to the application, report, or other document, copies of all documents incorporated therein by reference and not already maintained in the public inspection file, and all correspondence between the FCC and the applicant pertaining to the application, report, or other document, which according to the provisions of §§ 0.451 through 0.461 of this chapter are open for public inspection at the offices of the FCC. [ 63 FR 49499 , Sept. 16, 1998] Editorial Note Editorial Note: For Federal Register citations affecting § 73.3527 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.3533 Application for construction permit or modification of construction permit. ( a ) Application for construction permit, or modification of a construction permit, for a new facility or change in an existing facility is to be made on the following forms: ( 1 ) FCC Form 2100, Schedule A (TV); FCC Form 2100, Schedule 301-FM (FM), FCC Form 2100, Schedule 301-AM (AM), “Application for Authority to Construct or Make Changes in an Existing Commercial Broadcast Station.” ( 2 ) FCC Form 309, “Application for Authority to Construct or Make Changes in an Existing International or Experimental Broadcast Stations.” For International Broadcast Stations, applications shall be filed electronically in the International Communications Filing System (ICFS). ( 3 ) [Reserved] ( 4 ) FCC Form 2100, Schedule A (TV); FCC Form 2100, Schedule 340 (FM), “Application for Authority to Construct or Make Changes in a Noncommercial Educational Broadcast Station.” ( 5 ) FCC Form 2100, Schedule C, “Application for Authority to Construct or Make Changes in a Low Power TV or TV Translator Station.” ( 6 ) FCC Form 2100, Schedule 349, “Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station.” ( 7 ) FCC Form 2100, Schedule 318, “Application for Construction Permit for a Low Power FM Broadcast Station.” ( 8 ) FCC Form 2100, Schedule E, “Application for Authority to Make Changes in a Class A TV Station.” ( b ) The filing of an application for modification of construction permit does not extend the expiration date of the construction permit. ( c ) In each application referred to in paragraph (a) of this section, the applicant will provide the Antenna Structure Registration Number (FCC Form 854R) of the antenna structure upon which it will locate its proposed antenna. In the event the antenna structure does not already have a Registration Number, either the antenna structure owner shall file FCC Form 854 (“Application for Antenna Structure Registration”) in accordance with part 17 of this chapter or the applicant shall provide a detailed explanation why registration and clearance of the antenna structure is not necessary. [ 44 FR 38494 , July 2, 1979, as amended at 47 FR 28388 , June 30, 1982; 49 FR 32582 , Aug. 15, 1984; 50 FR 40016 , Oct. 1, 1985; 53 FR 36788 , Sept. 22, 1988; 61 FR 4367 , Feb. 6, 1996; 65 FR 7648 , Feb. 15, 2000; 68 FR 12761 , Mar. 17, 2003; 69 FR 72043 , Dec. 10, 2004; 86 FR 54401 , Oct. 1, 2021; 88 FR 21447 , Apr. 10, 2023; 89 FR 7259 , Feb. 1, 2024] § 73.3534 [Reserved] § 73.3536 Application for license to cover construction permit. ( a ) The application for station license shall be filed by the permittee pursuant to the requirements of § 73.1620 Program tests. ( b ) The following application forms shall be used: ( 1 ) ( i ) Form 2100, Schedule 302-AM for AM stations, “Application for AM Station License.” ( ii ) Form 2100, Schedule 302-FM for FM stations, “Application for FM Station License.” ( iii ) Form 2100, Schedule B for television stations, “Application for TV Station Broadcast License.” ( 2 ) FCC Form 310, “Application for an International or Experimental Broadcast Station License.” ( 3 ) [Reserved] ( 4 ) FCC Form 2100, Schedule D, “Application for a Low Power TV or TV Translator Station License.” ( 5 ) FCC Form 2100, Schedule 350, “Application for an FM Translator or FM Booster Station License.” ( 6 ) FCC Form 2100, Schedule 319, “Application for a Low Power FM Broadcast Station License.” ( c ) Eligible low power television stations which have been granted a certificate of eligibility may file FCC Form 2100, Schedule F, “Application for Class A Television Broadcast Station License.” [ 44 FR 38495 , July 2, 1979, as amended at 49 FR 32582 , Aug. 15, 1984; 50 FR 40016 , Oct. 1, 1985; 51 FR 18451 , May 20, 1986; 51 FR 32088 , Sept. 9, 1986; 52 FR 31400 , Aug. 20, 1987; 53 FR 36788 , Sept. 22, 1988; 62 FR 51063 , Sept. 30, 1997; 65 FR 7648 , Feb. 15, 2000; 65 FR 30007 , May 10, 2000; 68 FR 12761 , Mar. 17, 2003; 69 FR 72043 , Dec. 10, 2004; 89 FR 7259 , Feb. 1, 2024] § 73.3537 Application for license to use former main antenna as an auxiliary. See § 73.1675 , Auxiliary facility. [ 62 FR 51063 , Sept. 30, 1997] § 73.3538 Application to make changes in an existing station. Where prior authority is required from the FCC to make changes in an existing station, the following procedures shall be used to request that authority: ( a ) An application for construction permit using the forms listed in § 73.3533 must be filed for authority to: ( 1 ) Make any of the changes listed in § 73.1690(b) . ( 2 ) Change the hours of operation of an AM station, where the hours of operation are specified on the license or permit. ( 3 ) Install a transmitter which has not been approved (type accepted) by the FCC for use by licensed broadcast stations. ( 4 ) Any change in the location, height, or directional radiating characteristics of the antenna or antenna system. ( b ) An informal application filed in accordance with § 73.3511 is to be used to obtain authority to modify or discontinue the obstruction marking or lighting of the antenna supporting structure where that specified on the station authorization either differs from that specified in 47 CFR part 17 , or is not appropriate for other reasons. [ 44 FR 38495 , July 2, 1979, as amended at 44 FR 69935 , Dec. 5, 1979; 49 FR 4000 , Feb. 1, 1984; 52 FR 21685 , June 9, 1987; 62 FR 51063 , Sept. 30, 1997; 66 FR 20758 , Apr. 25, 2001; 82 FR 57884 , Dec. 8, 2017] § 73.3539 Application for renewal of license. ( a ) Unless otherwise directed by the FCC, an application for renewal of license shall be filed not later than the first day of the fourth full calendar month prior to the expiration date of the license sought to be renewed, except that applications for renewal of license of an experimental broadcast station shall be filed not later than the first day of the second full calendar month prior to the expiration date of the license sought to be renewed. If any deadline prescribed in this paragraph falls on a nonbusiness day, the cutoff shall be the close of business of the first full business day thereafter. For International Broadcast Stations, applications shall be filed electronically in the International Communications Filing System (ICFS). ( b ) No application for renewal of license of any broadcast station will be considered unless there is on file with the FCC the information currently required by §§ 73.3612 through 73.3615 , inclusive, for the particular class of station. ( c ) Whenever the FCC regards an application for a renewal of license as essential to the proper conduct of a hearing or investigation, and specifically directs that it be filed by a date certain, such application shall be filed within the time thus specified. If the licensee fails to file such application within the prescribed time, the hearing or investigation shall proceed as if such renewal application had been received. ( d ) Renewal application forms titles and numbers are listed in § 73.3500 , Application and Report Forms. [ 44 FR 38495 , July 2, 1979, as amended at 47 FR 28388 , June 30, 1982; 49 FR 32582 , Aug. 15, 1984; 86 FR 54401 , Oct. 1, 2021; 88 FR 3539 , Apr. 10, 2023] § 73.3540 Application for voluntary assignment or transfer of control. ( a ) Prior consent of the FCC must be obtained for a voluntary assignment or transfer of control. ( b ) Application should be filed with the FCC at least 45 days prior to the contemplated effective date of assignment or transfer of control. ( c ) Application for consent to the assignment of construction permit or license must be filed on FCC Form 2100 Schedule 314 “Assignment of License or Construction Permit” or FCC Form 2100 Schedule 316 (See paragraph (f) of this section). For International Broadcast Stations, the application shall be filed electronically in the International Communications Filing System (ICFS). ( d ) Application for consent to the transfer of control of an entity holding a construction permit or license must be filed on FCC Form 2100 Schedule 315 “Transfer of Control” or FCC Form 2100 Schedule 316 (see paragraph (f) of this section). For International Broadcast Stations, applications shall be filed electronically in ICFS. ( e ) Application for consent to the assignment of construction permit or license or to the transfer of control of an entity licensee or permittee for an FM or TV translator station, a low power TV station and any associated auxiliary station, such as translator microwave relay stations and UHF translator booster stations, only must be filed on FCC Form 2100 Schedule 345 “Application for Consent to Assign Construction Permit or License for TV or FM Translator or Low Power TV Station or to Transfer Control of Entity Holding TV or FM Translator, or a Low Power TV Station.” ( f ) The following assignment or transfer applications may be filed on FCC Form 2100 Schedule 316: ( 1 ) Assignment from an individual or individuals (including partnerships) to a corporation owned and controlled by such individuals or partnerships without any substantial change in their relative interests; ( 2 ) Assignment from a corporation to its individual stockholders without effecting any substantial change in the disposition of their interests; ( 3 ) Assignment or transfer by which certain stockholders retire and the interest transferred is not a controlling one; ( 4 ) Corporate reorganization which involves no substantial change in the beneficial ownership of the corporation; ( 5 ) Assignment or transfer from a corporation to a wholly owned subsidiary thereof or vice versa, or where there is an assignment from a corporation to a corporation owned or controlled by the assignor stockholders without substantial change in their interests; or ( 6 ) Assignment of less than a controlling interest in a partnership. [ 44 FR 38496 , July 2, 1979, as amended at 48 FR 21486 , May 12, 1983; 49 FR 47843 , Dec. 7, 1984; 50 FR 32416 , Aug. 12, 1985; 86 FR 54402 , Oct. 1, 2021; 88 FR 21448 , Apr. 10, 2023; 89 FR 7259 , Feb. 1, 2024] § 73.3541 Application for involuntary assignment of license or transfer of control. ( a ) The FCC shall be notified in writing promptly of the death or legal disability of an individual permittee or licensee, a member of a partnership, or a person directly or indirectly in control of a corporation which is a permittee or licensee. ( b ) Within 30 days after the occurrence of such death or legal disability, an application on FCC Form 2100 Schedule 316 shall be filed requesting consent to involuntary assignment of such permit or license or for involuntary transfer of control of the entity holding such permit or license, to a person or entity legally qualified to succeed to the foregoing interests under the laws of the place having jurisdiction over the estate involved. [ 44 FR 38496 , July 2, 1979, as amended at 89 FR 7259 , Feb. 1, 2024] § 73.3542 Application for emergency authorization. ( a ) Authority may be granted, on a temporary basis, in extraordinary circumstances requiring emergency operation to serve the public interest. such situations include: emergencies involving danger to life and property; a national emergency proclaimed by the President or the Congress of the U.S.A and; the continuance of any war in which the United States is engaged, and where such action is necessary for the national defense or security or otherwise in furtherance of the war effort. ( 1 ) An informal application may be used. The FCC may grant such construction permits, station licenses, modifications or renewals thereof, without the filing of a formal application. ( 2 ) No authorization so granted shall continue to be effective beyond the period of the emergency or war requiring it. ( 3 ) Each individual request submitted under the provisions of this paragraph shall contain, as a minimum requirement, the following information: ( i ) Name and address of applicant. ( ii ) Location of proposed installation or operation. ( iii ) Official call letters of any valid station authorization already held by applicant and the station location. ( iv ) Type of service desired (not required for renewal or modification unless class of station is to be modified). ( v ) Frequency assignment, authorized transmitter power(s), authorized class(es) of emission desired (not required for renewal; required for modification only to the extent such information may be involved). ( vi ) Equipment to be used, specifying the manufacturer and type or model number (not required for renewal; required for modification only to the extent such information may be involved). ( vii ) Statements to the extent necessary for the FCC to determine whether or not the granting of the desired authorization will be in accordance with the citizenship eligibility requirements of section 310 of the Cummunications Act. ( viii ) Statement of facts which, in the opinion of the applicant, constitute an emergency to be found by the FCC for the purpose of this section. This statement must also include the estimated duration of the emergency and if during an emergency or war declared by the President or Congress, why such action, without formal application, is necessary for the national defense or security or in furtherance of the war effort. ( b ) Emergency operating authority issued under this section may be cancelled or modified by the FCC without prior notice or right to hearing. See also § 73.1250 , Broadcasting Emergency Information, for situations in which emergency operation may be conducted without prior authorization, and § 73.1635 , Special Temporary Authorization (STA), for temporary operating authorizations necessitated by circumstances not within the ambit of this section. [ 50 FR 30948 , July 31, 1985, as amended at 63 FR 33878 , June 22, 1998] § 73.3544 Application to obtain a modified station license. Where prior authority from the FCC is not required to make certain changes in the station authorization or facilities, but a modified station license must be obtained, the following procedures shall be used to obtain modification of the station license: ( a ) The changes specified in § 73.1690(c) may be made by the filing of a license application using the forms listed in § 73.3536(b)(1) . ( b ) An electronic filing via LMS of an Administrative Update, see § 73.3511(b) , may be filed with the FCC, to cover the following changes: ( 1 ) A correction of the routing instructions and description of an AM station directional antenna system field monitoring point, when the point itself is not changed. ( 2 ) A change in the type of AM station directional antenna monitor. See § 73.69 . ( 3 ) The location of a remote control point of an AM or FM station when prior authority to operate by remote control is not required. ( c ) A change in the name of the licensee where no change in ownership or control is involved may be accomplished by electronically filing via LMS an Administrative Update. [ 44 FR 38497 , July 2, 1979, as amended at 45 FR 20483 , Mar. 28, 1980; 50 FR 32416 , Aug. 12, 1985; 62 FR 51063 , Sept. 30, 1997; 63 FR 33878 , June 22, 1998; 67 FR 13232 , Mar. 21, 2002; 82 FR 57884 , Dec. 8, 2017; 89 FR 7259 , Feb. 1, 2024] § 73.3545 Application for permit to deliver programs to foreign stations. Application under section 325(c) of the Communications Act for authority to locate, use, or maintain a broadcast studio in connection with a foreign station consistently received in the United States, should be made on FCC Form 308, “Application for Permit to Deliver Programs to Foreign Broadcast Stations.” An informal application may be used by applicants holding an AM, FM or TV broadcast station license or construction permit. Informal applications must, however, contain a description of the nature and character of the programming proposed, together with other information requested on Page 4 of Form 308. All applications must be filed electronically in the International Communications Filing System (ICFS). [ 86 FR 54402 , Oct. 1, 2021, as amended at 88 FR 21448 , Apr. 10, 2023] § 73.3549 Requests for extension of time to operate without required monitors, indicating instruments, and EAS encoders and decoders. Requests for extension of authority to operate without required monitors, transmission system indicating instruments, or encoders and decoders for monitoring and generating the EAS codes and Attention Signal should be made to the FCC by electronically filing an STA via LMS. Such requests must contain information as to when and what steps were taken to repair or replace the defective equipment and a brief description of the alternative procedures being used while the equipment is out of service. [ 89 FR 7260 , Feb. 1, 2024] § 73.3550 Requests for new or modified call sign assignments. ( a ) All requests for new or modified call sign assignments for radio and television broadcast stations shall be made via LMS with the FCC. Licensees and permittees may utilize LMS to determine the availability and licensing status of any call sign; to select an initial call sign for a new station; to change a station's currently assigned call sign; to modify an existing call sign by adding or deleting an “-FM,” “-TV,” or “-DT” suffix; to exchange call signs with another licensee or permittee in the same service; or to reserve a different call sign for a station being transferred or assigned. ( b ) No request for an initial call sign assignment will be accepted from a permittee for a new radio or full-service television station until the FCC has granted a construction permit. Each such permittee shall request the assignment of its station's initial call sign expeditiously following the grant of its construction permit. All initial construction permits for low power TV stations will be issued with a low power TV call sign in accordance with § 74.791(a) of this chapter . ( c ) Following the filing of a transfer or assignment application, the proposed assignee/transferee may request a new call sign for the station whose license or construction permit is being transferred or assigned. No change in call sign assignment will be effective until such transfer or assignment application is granted by the FCC and notification of consummation of the transaction is received by the FCC. ( d ) Where an application is granted by the FCC for transfer or assignment of the construction permit or license of a station whose existing call sign conforms to that of a commonly-owned station not part of the transaction, the new licensee of the transferred or assigned station shall expeditiously request a different call sign, unless consent to retain the conforming call sign has been obtained from the primary holder and from the licensee of any other station that may be using such conforming call sign. ( e ) Call signs beginning with the letter “K” will not be assigned to stations located east of the Mississippi River, nor will call signs beginning with the letter “W” be assigned to stations located west of the Mississippi River. ( f ) Only four-letter call signs (plus an LP, FM, TV, DT, or CA suffix, if used) will be assigned. The four letter call sign for LPFM stations will be followed by the suffix “-LP.” However, subject to the other provisions of this section, a call sign of a station may be conformed to a commonly owned station holding a three-letter call assignment (plus FM, TV, DT, CA or LP suffixes, if used). ( g ) Subject to the foregoing limitations, applicants may request call signs of their choice if the combination is available. Objections to the assignment of requested call signs will not be entertained at the FCC. However, this does not hamper any party from asserting such rights as it may have under private law in some other forum. Should it be determined by an appropriate forum that a station should not utilize a particular call sign, the initial assignment of a call sign will not serve as a bar to the making of a different assignment. ( h ) Stations in different broadcast services (or operating jointly in the 535-1605 kHz band and in the 1605-1705 kHz band) which are under common control may request that their call signs be conformed by the assignment of the same basic call sign if that call sign is not being used by a non-commonly owned station. For the purposes of this paragraph, 50% or greater common ownership shall constitute a prima facie showing of common control. ( i ) The provisions of this section shall not apply to International broadcast stations or to stations authorized under part 74 of this chapter (except as provided in § 74.791 of this chapter ). ( j ) A change in call sign assignment will be made effective on the date specified in the Call Sign Request Authorization generated by LMS acknowledging the assignment of the requested new call sign and authorizing the change. Unless the requested change in call sign assignment is subject to a pending transfer or assignment application, the requester is required to include in its on-line call sign request a specific effective date to take place within 45 days of the submission of its electronic call sign request. Postponement of the effective date will be granted only in response to a timely request and for only the most compelling reasons. ( k ) Four-letter combinations commencing with “W” or “K” which are assigned as call signs to ships or to other radio services are not available for assignment to broadcast stations, with or without the “-FM,” “-TV,” or “-DT” suffix. ( l ) Users of nonlicensed, low-power devices operating under part 15 of this chapter may use whatever identification is currently desired, so long as propriety is observed and no confusion results with a station for which the FCC issues a license. ( m ) Where a requested call sign, without the “-FM,” “-TV,” “-CA,” “-DT,” or “-LP” suffix, would conform to the call sign of any other non-commonly owned station(s) operating in a different service, an applicant utilizing the on-line reservation and authorization system will be required to certify that consent to use the secondary call sign has been obtained from the holder of the primary call sign. [ 63 FR 71603 , Dec. 29, 1998, as amended at 65 FR 30007 , May 10, 2000; 89 FR 7260 , Feb. 1, 2024] § 73.3555 Multiple ownership. ( a ) ( 1 ) Local radio ownership rule. A person or single entity (or entities under common control) may have a cognizable interest in licenses for AM or FM radio broadcast stations in accordance with the following limits: ( i ) In a radio market with 45 or more full-power, commercial and noncommercial radio stations, not more than 8 commercial radio stations in total and not more than 5 commercial stations in the same service (AM or FM); ( ii ) In a radio market with between 30 and 44 (inclusive) full-power, commercial and noncommercial radio stations, not more than 7 commercial radio stations in total and not more than 4 commercial stations in the same service (AM or FM); ( iii ) In a radio market with between 15 and 29 (inclusive) full-power, commercial and noncommercial radio stations, not more than 6 commercial radio stations in total and not more than 4 commercial stations in the same service (AM or FM); and ( iv ) In a radio market with 14 or fewer full-power, commercial and noncommercial radio stations, not more than 5 commercial radio stations in total and not more than 3 commercial stations in the same service (AM or FM); provided, however, that no person or single entity (or entities under common control) may have a cognizable interest in more than 50% of the full-power, commercial and noncommercial radio stations in such market unless the combination of stations comprises not more than one AM and one FM station. ( 2 ) Overlap between two stations in different services is permissible if neither of those two stations overlaps a third station in the same service. ( b ) Local television multiple ownership rule. ( 1 ) An entity may directly or indirectly own, operate, or control two television stations licensed in the same Designated Market Area (DMA) (as determined by Nielsen Media Research or any successor entity) if: ( i ) The digital noise limited service contours of the stations (computed in accordance with § 73.619(c) ) do not overlap; or ( ii ) At the time the application to acquire or construct the station(s) is filed, at least one of the stations is not ranked among the top four stations in the DMA, based on the Sunday to Saturday, 7AM to 1AM daypart audience share from ratings averaged over a 12-month period immediately preceding the date of application, as measured by Nielsen Media Research or by any comparable professional, accepted audience ratings service. For any station broadcasting multiple programming streams, the audience share of all free-to-consumer non-simulcast multicast programming airing on streams owned, operated, or controlled by a single station shall be aggregated to determine the station's audience share and ranking in a DMA (to the extent that such streams are ranked by Nielsen or a comparable professional, accepted audience ratings service). ( 2 ) Paragraph (b)(1)(ii) of this section (Top-Four Prohibition) shall not apply in cases where, at the request of the applicant, the Commission makes a finding that permitting an entity to directly or indirectly own, operate, or control two television stations licensed in the same DMA would serve the public interest, convenience, and necessity. The Commission will consider showings that the Top-Four Prohibition, including note 11 to this section, should not apply due to specific circumstances in a local market or with respect to a specific transaction on a case-by-case basis. ( c ) - ( d ) [Reserved] ( e ) National television multiple ownership rule. ( 1 ) No license for a commercial television broadcast station shall be granted, transferred or assigned to any party (including all parties under common control) if the grant, transfer or assignment of such license would result in such party or any of its stockholders, partners, members, officers or directors having a cognizable interest in television stations which have an aggregate national audience reach exceeding thirty-nine (39) percent. ( 2 ) For purposes of this paragraph (e) : ( i ) National audience reach means the total number of television households in the Nielsen Designated Market Areas (DMAs) in which the relevant stations are located divided by the total national television households as measured by DMA data at the time of a grant, transfer, or assignment of a license. For purposes of making this calculation, UHF television stations shall be attributed with 50 percent of the television households in their DMA market. ( ii ) No market shall be counted more than once in making this calculation. ( 3 ) Divestiture. A person or entity that exceeds the thirty-nine (39) percent national audience reach limitation for television stations in paragraph (e)(1) of this section through grant, transfer, or assignment of an additional license for a commercial television broadcast station shall have not more than 2 years after exceeding such limitation to come into compliance with such limitation. This divestiture requirement shall not apply to persons or entities that exceed the 39 percent national audience reach limitation through population growth. ( f ) The ownership limits of this section are not applicable to noncommercial educational FM and noncommercial educational TV stations. However, the attribution standards set forth in the Notes to this section will be used to determine attribution for noncommercial educational FM and TV applicants, such as in evaluating mutually exclusive applications pursuant to subpart K of part 73. Note 1 to § 73.3555 : The words “cognizable interest” as used herein include any interest, direct or indirect, that allows a person or entity to own, operate or control, or that otherwise provides an attributable interest in, a broadcast station. Note 2 to § 73.3555 : In applying the provisions of this section, ownership and other interests in broadcast licensees will be attributed to their holders and deemed cognizable pursuant to the following criteria: a. Except as otherwise provided herein, partnership and direct ownership interests and any voting stock interest amounting to 5% or more of the outstanding voting stock of a corporate broadcast licensee will be cognizable; b. Investment companies, as defined in 15 U.S.C. 80a-3 , insurance companies and banks holding stock through their trust departments in trust accounts will be considered to have a cognizable interest only if they hold 20% or more of the outstanding voting stock of a corporate broadcast licensee, or if any of the officers or directors of the broadcast licensee are representatives of the investment company, insurance company or bank concerned. Holdings by a bank or insurance company will be aggregated if the bank or insurance company has any right to determine how the stock will be voted. Holdings by investment companies will be aggregated if under common management. c. Attribution of ownership interests in a broadcast licensee that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that wherever the ownership percentage for any link in the chain exceeds 50%, it shall not be included for purposes of this multiplication. For purposes of paragraph i. of this note, attribution of ownership interests in a broadcast licensee that are held indirectly by any party through one or more intervening organizations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, and the ownership percentage for any link in the chain that exceeds 50% shall be included for purposes of this multiplication. [For example, except for purposes of paragraph (i) of this note, if A owns 10% of company X, which owns 60% of company Y, which owns 25% of “Licensee,” then X's interest in “Licensee” would be 25% (the same as Y's interest because X's interest in Y exceeds 50%), and A's interest in “Licensee” would be 2.5% (0.1 × 0.25). Under the 5% attribution benchmark, X's interest in “Licensee” would be cognizable, while A's interest would not be cognizable. For purposes of paragraph i. of this note, X's interest in “Licensee” would be 15% (0.6 × 0.25) and A's interest in “Licensee” would be 1.5% (0.1 × 0.6 × 0.25). Neither interest would be attributed under paragraph i. of this note.] d. Voting stock interests held in trust shall be attributed to any person who holds or shares the power to vote such stock, to any person who has the sole power to sell such stock, and to any person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the grantor or beneficiary, as appropriate, will be attributed with the stock interests held in trust. An otherwise qualified trust will be ineffective to insulate the grantor or beneficiary from attribution with the trust's assets unless all voting stock interests held by the grantor or beneficiary in the relevant broadcast licensee are subject to said trust. e. Subject to paragraph i. of this note, holders of non-voting stock shall not be attributed an interest in the issuing entity. Subject to paragraph i. of this note, holders of debt and instruments such as warrants, convertible debentures, options or other non-voting interests with rights of conversion to voting interests shall not be attributed unless and until conversion is effected. f. 1. A limited partnership interest shall be attributed to a limited partner unless that partner is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership and the licensee or system so certifies. An interest in a Limited Liability Company (“LLC”) or Registered Limited Liability Partnership (“RLLP”) shall be attributed to the interest holder unless that interest holder is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership and the licensee or system so certifies. 2. For a licensee or system that is a limited partnership to make the certification set forth in paragraph f. 1. of this note, it must verify that the partnership agreement or certificate of limited partnership, with respect to the particular limited partner exempt from attribution, establishes that the exempt limited partner has no material involvement, directly or indirectly, in the management or operation of the media activities of the partnership. For a licensee or system that is an LLC or RLLP to make the certification set forth in paragraph f. 1. of this note, it must verify that the organizational document, with respect to the particular interest holder exempt from attribution, establishes that the exempt interest holder has no material involvement, directly or indirectly, in the management or operation of the media activities of the LLC or RLLP. The criteria which would assume adequate insulation for purposes of this certification are described in the Memorandum Opinion and Order in MM Docket No. 83-46, FCC 85-252 (released June 24, 1985), as modified on reconsideration in the Memorandum Opinion and Order in MM Docket No. 83-46, FCC 86-410 (released November 28, 1986). Irrespective of the terms of the certificate of limited partnership or partnership agreement, or other organizational document in the case of an LLC or RLLP, however, no such certification shall be made if the individual or entity making the certification has actual knowledge of any material involvement of the limited partners, or other interest holders in the case of an LLC or RLLP, in the management or operation of the media-related businesses of the partnership or LLC or RLLP. 3. In the case of an LLC or RLLP, the licensee or system seeking insulation shall certify, in addition, that the relevant state statute authorizing LLCs permits an LLC member to insulate itself as required by our criteria. g. Officers and directors of a broadcast licensee are considered to have a cognizable interest in the entity with which they are so associated. If any such entity engages in businesses in addition to its primary business of broadcasting, it may request the Commission to waive attribution for any officer or director whose duties and responsibilities are wholly unrelated to its primary business. The officers and directors of a parent company of a broadcast licensee, with an attributable interest in any such subsidiary entity, shall be deemed to have a cognizable interest in the subsidiary unless the duties and responsibilities of the officer or director involved are wholly unrelated to the broadcast licensee, and a statement properly documenting this fact is submitted to the Commission. [This statement may be included on the appropriate Ownership Report.] The officers and directors of a sister corporation of a broadcast licensee shall not be attributed with ownership of that licensee by virtue of such status. h. Discrete ownership interests will be aggregated in determining whether or not an interest is cognizable under this section. An individual or entity will be deemed to have a cognizable investment if: 1. The sum of the interests held by or through “passive investors” is equal to or exceeds 20 percent; or 2. The sum of the interests other than those held by or through “passive investors” is equal to or exceeds 5 percent; or 3. The sum of the interests computed under paragraph h. 1. of this note plus the sum of the interests computed under paragraph h. 2. of this note is equal to or exceeds 20 percent. i.1. Notwithstanding paragraphs e. and f. of this Note, the holder of an equity or debt interest or interests in a broadcast licensee subject to the broadcast multiple ownership rules (“interest holder”) shall have that interest attributed if: A. The equity (including all stockholdings, whether voting or nonvoting, common or preferred) and debt interest or interests, in the aggregate, exceed 33 percent of the total asset value, defined as the aggregate of all equity plus all debt, of that broadcast licensee; and B.(i) The interest holder also holds an interest in a broadcast licensee in the same market that is subject to the broadcast multiple ownership rules and is attributable under paragraphs of this note other than this paragraph i.; or (ii) The interest holder supplies over fifteen percent of the total weekly broadcast programming hours of the station in which the interest is held. For purposes of applying this paragraph, the term, “market,” will be defined as it is defined under the specific multiple ownership rule that is being applied, except that for television stations, the term “market” will be defined by reference to the definition contained in the local television multiple ownership rule contained in paragraph (b) of this section. 2. Notwithstanding paragraph i.1. of this Note, the interest holder may exceed the 33 percent threshold therein without triggering attribution where holding such interest would enable an eligible entity to acquire a broadcast station, provided that: i. The combined equity and debt of the interest holder in the eligible entity is less than 50 percent, or ii. The total debt of the interest holder in the eligible entity does not exceed 80 percent of the asset value of the station being acquired by the eligible entity and the interest holder does not hold any equity interest, option, or promise to acquire an equity interest in the eligible entity or any related entity. For purposes of this paragraph i.2, an “eligible entity” shall include any entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping, as set forth in 13 CFR 121.201 , at the time the transaction is approved by the FCC, and holds: A. 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet; or B. 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or C. More than 50 percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded company. j. “Time brokerage” (also known as “local marketing”) is the sale by a licensee of discrete blocks of time to a “broker” that supplies the programming to fill that time and sells the commercial spot announcements in it. 1. Where two radio stations are both located in the same market, as defined for purposes of the local radio ownership rule contained in paragraph (a) of this section, and a party (including all parties under common control) with a cognizable interest in one such station brokers more than 15 percent of the broadcast time per week of the other such station, that party shall be treated as if it has an interest in the brokered station subject to the limitations set forth in paragraph (a) of this section. This limitation shall apply regardless of the source of the brokered programming supplied by the party to the brokered station. 2. Where two television stations are both located in the same market, as defined in the local television ownership rule contained in paragraph (b) of this section, and a party (including all parties under common control) with a cognizable interest in one such station brokers more than 15 percent of the broadcast time per week of the other such station, that party shall be treated as if it has an interest in the brokered station subject to the limitations set forth in paragraphs (b) and (e) of this section. This limitation shall apply regardless of the source of the brokered programming supplied by the party to the brokered station. 3. Every time brokerage agreement of the type described in this Note shall be undertaken only pursuant to a signed written agreement that shall contain a certification by the licensee or permittee of the brokered station verifying that it maintains ultimate control over the station's facilities including, specifically, control over station finances, personnel and programming, and by the brokering station that the agreement complies with the provisions of paragraph (b) of this section if the brokering station is a television station or with paragraph (a) of this section if the brokering station is a radio station. k. “Joint Sales Agreement” is an agreement with a licensee of a “brokered station” that authorizes a “broker” to sell advertising time for the “brokered station.” 1. Where two radio stations are both located in the same market, as defined for purposes of the local radio ownership rule contained in paragraph (a) of this section, and a party (including all parties under common control) with a cognizable interest in one such station sells more than 15 percent of the advertising time per week of the other such station, that party shall be treated as if it has an interest in the brokered station subject to the limitations set forth in paragraph (a) of this section. 2. Every joint sales agreement of the type described in this Note shall be undertaken only pursuant to a signed written agreement that shall contain a certification by the licensee or permittee of the brokered station verifying that it maintains ultimate control over the station's facilities, including, specifically, control over station finances, personnel and programming, and by the brokering station that the agreement complies with the limitations set forth in paragraph (a) of this section if the brokering station is a radio station. Note 3 to § 73.3555 : In cases where record and beneficial ownership of voting stock is not identical (e.g., bank nominees holding stock as record owners for the benefit of mutual funds, brokerage houses holding stock in street names for the benefit of customers, investment advisors holding stock in their own names for the benefit of clients, and insurance companies holding stock), the party having the right to determine how the stock will be voted will be considered to own it for purposes of these rules. Note 4 to § 73.3555 : Paragraphs (a) and (b) of this section will not be applied so as to require divestiture, by any licensee, of existing facilities, and will not apply to applications for assignment of license or transfer of control filed in accordance with § 73.3540(f) or § 73.3541(b) , or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy, or to FM or AM broadcast minor modification applications for intra-market community of license changes, if no new or increased concentration of ownership would be created among commonly owned, operated or controlled broadcast stations. Paragraphs (a) and (b) of this section will apply to all applications for new stations, to all other applications for assignment or transfer, to all applications for major changes to existing stations, and to all other applications for minor changes to existing stations that seek a change in an FM or AM radio station's community of license or create new or increased concentration of ownership among commonly owned, operated or controlled broadcast stations. Commonly owned, operated or controlled broadcast stations that do not comply with paragraphs (a) and (b) of this section may not be assigned or transferred to a single person, group or entity, except as provided in this Note, the Report and Order in Docket No. 02-277, released July 2, 2003 (FCC 02-127), or the Second Report and Order in MB Docket No. 14-50, FCC 16-107 (released August 25, 2016). Note 5 to § 73.3555 : Paragraphs (b) and (e) of this section will not be applied to cases involving television stations that are “satellite” operations. Such cases will be considered in accordance with the analysis set forth in the Report and Order in MM Docket No. 87-8, FCC 91-182 (released July 8, 1991), as further explained by the Report and Order in MB Docket No. 18-63, FCC 19-17, (released March 12, 2019), in order to determine whether common ownership, operation, or control of the stations in question would be in the public interest. An authorized and operating “satellite” television station, the digital noise limited service contour of which overlaps that of a commonly owned, operated, or controlled “non-satellite” parent television broadcast station may subsequently become a “non-satellite” station under the circumstances described in the aforementioned Report and Order in MM Docket No. 87-8. However, such commonly owned, operated, or controlled “non-satellite” television stations may not be transferred or assigned to a single person, group, or entity except as provided in Note 4 of this section. Note 6 to § 73.3555 : Requests submitted pursuant to paragraph (b)(2) of this section will be considered in accordance with the analysis set forth in the Order on Reconsideration in MB Docket Nos. 14-50, et al. (FCC 17-156). Note 7 to § 73.3555 : The Commission will entertain applications to waive the restrictions in paragraph (b) of this section (the local television ownership rule) on a case-by-case basis. In each case, we will require a showing that the in-market buyer is the only entity ready, willing, and able to operate the station, that sale to an out-of-market applicant would result in an artificially depressed price, and that the waiver applicant does not already directly or indirectly own, operate, or control interest in two television stations within the relevant DMA. One way to satisfy these criteria would be to provide an affidavit from an independent broker affirming that active and serious efforts have been made to sell the permit, and that no reasonable offer from an entity outside the market has been received. Note 8 to § 73.3555 : Paragraph (a)(1) of this section will not apply to an application for an AM station license in the 535-1605 kHz band where grant of such application will result in the overlap of 5 mV/m groundwave contours of the proposed station and that of another AM station in the 535-1605 kHz band that is commonly owned, operated or controlled if the applicant shows that a significant reduction in interference to adjacent or co-channel stations would accompany such common ownership. Such AM overlap cases will be considered on a case-by-case basis to determine whether common ownership, operation or control of the stations in question would be in the public interest. Applicants in such cases must submit a contingent application of the major or minor facilities change needed to achieve the interference reduction along with the application which seeks to create the 5 mV/m overlap situation. Note 9 to § 73.3555 : Paragraph (a)(1) of this section will not apply to an application for an AM station license in the 1605-1705 kHz band where grant of such application will result in the overlap of the 5 mV/m groundwave contours of the proposed station and that of another AM station in the 535-1605 kHz band that is commonly owned, operated or controlled. Note 10 to § 73.3555 : Authority for joint ownership granted pursuant to Note 9 will expire at 3 a.m. local time on the fifth anniversary for the date of issuance of a construction permit for an AM radio station in the 1605-1705 kHz band. Note 11 to § 73.3555 : a. An entity will not be permitted to directly or indirectly own, operate, or control two television stations in the same DMA through the execution of any agreement (or series of agreements) involving stations in the same DMA, or any individual or entity with a cognizable interest in such stations, in which a station (the “new affiliate”) acquires the network affiliation of another station (the “previous affiliate”), if the change in network affiliations would result in the licensee of the new affiliate, or any individual or entity with a cognizable interest in the new affiliate, directly or indirectly owning, operating, or controlling two of the top-four rated television stations in the DMA at the time of the agreement. Parties should also refer to the Second Report and Order in MB Docket No. 14-50, FCC 16-107 (released August 25, 2016). b. Further, an entity will not be permitted through the execution of any agreement (or series of agreements) to acquire a network affiliation, directly or indirectly, if the change in network affiliation would result in the affiliation programming being broadcast from a television facility that is not counted as a station toward the total number of stations an entity is permitted to own under paragraph (b) of this section (e.g., a low power television station, a Class A television station, etc.) or on any television station's video programming stream that is not counted separately as a station toward the total number of stations an entity is permitted to own under paragraph (b) of this section (e.g., non-primary multicast streams) and where the change in affiliation would violate this Note were such television facility counted or such video programming stream counted separately as a station toward the total number of stations an entity is permitted to own for purposes of paragraph (b) of this section. [ 73 FR 9487 , Feb. 21, 2008, as amended at 73 FR 28369 , May 16, 2008; 75 FR 27199 , May 14, 2010; 79 FR 29006 , May 20, 2014; 81 FR 73041 , Oct. 24, 2016; 81 FR 76262 , Nov. 1, 2016; 82 FR 21127 , May 5, 2017; 83 FR 755 , Jan. 8, 2018; 84 FR 15128 , Apr. 15, 2019; 85 FR 5164 , Jan. 29, 2020; 86 FR 34628 , June 30, 2021; 89 FR 7260 , Feb. 1, 2024; 89 FR 12229 , Feb. 15, 2024] § 73.3556 Sponsorship identification; list retention; related requirements. ( a ) No commercial FM radio station shall operate so as to devote more than 25 percent of the total hours in its average broadcast week to programs that duplicate those of any station in the same service which is commonly owned or with which it has a time brokerage agreement if the principal community contours (predicted 3.16 mV/m) of the stations overlap and the overlap constitutes more than 50 percent of the total principal community contour service area of either station. ( b ) For purposes of this section, duplication means the broadcasting of identical programs within any 24-hour period. [ 89 FR 55084 , July 3, 2024] § 73.3561 Staff consideration of applications requiring Commission action. Upon acceptance of an application, the complete file is reviewed by the staff and, except where the application is acted upon by the staff pursuant to delegation of authority, a report containing the recommendations of the staff and any other documents required is prepared and placed on the Commission's agenda. [ 44 FR 38499 , July 2, 1979] § 73.3562 Staff consideration of applications not requiring action by the Commission. Those applications which do not require action by the Commission but which, pursuant to the delegations of authority set forth in subpart B of part 0 of this chapter , may be acted upon by the Chief, Media Bureau, are forwarded to the Media Bureau for necessary action. If the application is granted, the formal authorization is issued. In any case where it is recommended that the application be set for hearing, where a novel question of policy is presented, or where the Chief, Media Bureau desires instructions from the Commission, the matter is placed on the Commission agenda. [ 67 FR 13233 , Mar. 21, 2002] § 73.3564 Acceptance of applications. ( a ) ( 1 ) Applications tendered for filing are dated upon receipt and then forwarded to the Media Bureau, where an administrative examination is made to ascertain whether the applications are complete. Except for applications for minor modifications of facilities in the non-reserved FM band, as defined in § 73.3573(a)(2) , long form applications subject to the provisions of § 73.5005 found to be complete or substantially complete are accepted for filing and are given file numbers. In the case of minor defects as to completeness, a deficiency letter will be issued and the applicant will be required to supply the missing or corrective information. Applications that are not substantially complete will not be considered and will be returned to the applicant. ( 2 ) In the case of minor modifications of facilities in the non-reserved FM band, applications will be placed on public notice if they meet the following two-tiered minimum filing requirements as initially filed in first-come/first-serve proceedings: ( i ) The application must include: ( A ) Applicant's name and address, ( B ) Applicant's signature, ( C ) Principal community, ( D ) Channel or frequency, ( E ) Class of station, and ( F ) Transmitter site coordinates; and ( ii ) The application must not omit more than three of the following second-tier items: ( A ) A list of the other media interests of the applicant and its principals, ( B ) Certification of compliance with the alien ownership provisions contained in 47 U.S.C. 310(b) , ( C ) Tower/antenna heights, ( D ) Effective radiated power, ( E ) Whether the antenna is directional or omnidirectional, and ( F ) An exhibit demonstrating compliance with the contour protection requirements of 47 CFR 73.215 , if applicable. ( 3 ) Applications found not to meet minimum filing requirements will be returned to the applicant. Applications found to meet minimum filing requirements, but that contain deficiencies in tender and/or acceptance information, shall be given an opportunity for corrective amendment pursuant to 73.3522 of this part. Applications found to be substantially complete and in accordance with the Commission's core legal and technical requirements will be accepted for filing. Applications with uncorrected tender and/or acceptance defects remaining after the opportunity for corrective amendment will be dismissed with no further opportunity for amendment. ( b ) Acceptance of an application for filing merely means that it has been the subject of a preliminary review by the FCC's administrative staff as to completeness. Such acceptance will not preclude the subsequent dismissal of the application if it is found to be patently not in accordance with the FCC's rules. ( c ) At regular intervals, the FCC will issue a Public Notice listing all long form applications which have been accepted for filing. Pursuant to §§ 73.3571(h) , 73.3572 , and 73.3573(f) , such notice shall establish a cut-off date for the filing of petitions to deny. With respect to reserved band FM applications, the Public Notice shall also establish a cut-off date for the filing of mutually exclusive applications pursuant to § 73.3573(e) . However, no application will be accepted for filing unless certification of compliance with the local notice requirements of § 73.3580(h) has been made in the tendered application. ( d ) The FCC will specify by Public Notice, pursuant to § 73.5002 , a period for filing applications for new stations or for major modifications in the facilities of an existing station. Except for reserved band FM stations and TV stations on reserved noncommercial educational channels, applications for new and major modifications in facilities will be accepted only during these window filing periods specified by the Commission. ( e ) Applications for minor modification of facilities may be tendered at any time, unless restricted by the FCC. These applications will be processed on a “first come/first served” basis and will be treated as simultaneously tendered if filed on the same day. Any applications received after the filing of a lead application will be grouped according to filing date, and placed in a queue behind the lead applicant. The FCC will periodically release a Public Notice listing those minor modification of facilities applications accepted for filing. ( f ) If a non-reserved band FM channel allotment becomes vacant, after the grant of a construction permit becomes final, because of a lapsed construction permit or for any other reason, the FCC will, by Public Notice, announce a subsequent filing window for the acceptance of new applications for such channels. ( g ) Applications for operation in the 1605-1705 kHz band will be accepted only if filed pursuant to the terms of § 73.30(b) . [ 63 FR 48624 , Sept. 11, 1998, as amended at 64 FR 56978 , Oct. 22, 1999; 67 FR 13233 , Mar. 21, 2002] § 73.3566 Defective applications. ( a ) Applications which are determined to be patently not in accordance with the FCC rules, regulations, or other requirements, unless accompanied by an appropriate request for waiver, will be considered defective and will not be accepted for filing or if inadvertently accepted for filing will be dismissed. Requests for waiver shall show the nature of the waiver or exception desired and shall set forth the reasons in support thereof. ( b ) If an applicant is requested by the FCC to file any additional documents or information not included in the prescribed application form, a failure to comply with such request will be deemed to render the application defective, and such application will be dismissed. [ 44 FR 38499 , July 2, 1979] § 73.3568 Dismissal of applications. ( a ) ( 1 ) Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal. ( 2 ) Applicants in all broadcast services subject to competitive bidding will be subject to the provisions of §§ 73.5002 and 1.2105(b) regarding the dismissal of their short-form applications. ( 3 ) Applicants in all broadcast services subject to competitive bidding will be subject to the provisions of §§ 73.5004 , 73.5005 and 1.2104(g) regarding the dismissal of their long-form applications and the imposition of applicable withdrawal, default and disqualification payments. ( b ) ( 1 ) Subject to the provisions of § 73.3525 , dismissal of applications for channels reserved for noncommercial educational use will be without prejudice where an application has not yet been designated for hearing, but may be made with prejudice after designation for hearing. ( 2 ) Subject to the provisions of § 73.3525 , requests to dismiss an application for a channel reserved for noncommercial educational use, without prejudice, after it has been designated for hearing, will be considered only upon written petition properly served upon all parties of record. Such requests shall be granted only upon a showing that the request is based on circumstances wholly beyond the applicant's control which preclude further prosecution of his application. ( c ) Subject to the provisions of §§ 73.3523 and 73.3525 , any application for minor modification of facilities may, upon request of the applicant, be dismissed without prejudice as a matter of right. ( d ) An applicant's request for the return of an application that has been accepted for filing will be regarded as a request for dismissal. [ 63 FR 48624 , Sept. 11, 1998] § 73.3571 Processing of AM broadcast station applications. ( a ) Applications for AM broadcast facilities are divided into three groups. ( 1 ) In the first group are applications for new stations or for major changes in the facilities of authorized stations. A major change for an AM station authorized under this part is any change in frequency, except frequency changes to non-expanded band first, second or third adjacent channels. A major change in ownership is a situation where the original party or parties to the application do not retain more than 50% ownership interest in the application as originally filed. A major change in community of license is one in which the applicant's daytime facilities at the proposed community are not mutually exclusive, as defined in § 73.37 , with the applicant's current daytime facilities, or any change in community of license of an AM station in the 1605-1705 kHz band. All other changes will be considered minor. ( 2 ) The second group consists of applications for licenses and all other changes in the facilities of authorized stations. ( 3 ) The third group consists of applications for operation in the 1605-1705 kHz band which are filed subsequent to FCC notification that allotments have been awarded to petitioners under the procedure specified in § 73.30 . ( b ) ( 1 ) The FCC may, after acceptance of an application for modification of facilities, advise the applicant that such application is considered to be one for a major change and therefore is subject to the provisions of §§ 73.3522 , 73.3580 and 1.1111 of this chapter pertaining to major changes. Such major modification applications will be dismissed as set forth in paragraph (h)(1)(i) of this section. ( 2 ) An amendment to an application which would effect a major change, as defined in paragraph (a)(1) of this section, will not be accepted except as provided for in paragraph (h)(1)(i) of this section. ( c ) An application for changes in the facilities of an existing station will continue to carry the same file number even though (pursuant to FCC approval) an assignment of license or transfer of control of said licensee or permittee has taken place if, upon consummation, the application is amended to reflect the new ownership. ( d ) If, upon examination, the FCC finds that the public interest, convenience and necessity will be served by the granting of an application, the same will be granted. If the FCC is unable to make such a finding and it appears that a hearing may be required, the procedure set forth in § 73.3593 will be followed. ( e ) Applications proposing to increase the power of an AM station are subject to the following requirements: ( 1 ) In order to be acceptable for filing, any application which does not involve a change in site must propose at least a 20% increase in the station's nominal power. ( 2 ) Applications involving a change in site are not subject to the requirements in paragraph (e)(1) of this section. ( 3 ) Applications for nighttime power increases for Class D stations are not subject to the requirements of this section and will be processed as minor changes. ( 4 ) The following special procedures will be followed in authorizing Class II-D daytime-only stations on 940 and 1550 kHz, and Class III daytime-only stations on the 41 regional channels listed in § 73.26(a) , to operate unlimited-time. ( i ) Each eligible daytime-only station in the foregoing categories will receive an Order to Show Cause why its license should not be modified to specify operation during nighttime hours with the facilities it is licensed to start using at local sunrise, using the power stated in the Order to Show Cause, that the Commission finds is the highest nighttime level—not exceeding 0.5 kW—at which the station could operate without causing prohibited interference to other domestic or foreign stations, or to co-channel or adjacent channel stations for which pending applications were filed before December 1, 1987. ( ii ) Stations accepting such modification shall be reclassified. Those authorized in such Show Cause Orders to operate during nighttime hours with a power of 0.25 kW or more, or with a power that, although less than 0.25 kW, is sufficient to enable them to attain RMS field strengths of 141 mV/m or more at 1 kilometer, shall be redesignated as Class II-B stations if they are assigned to 940 or 1550 kHz, and as unlimited-time Class III stations if they are assigned to regional channels. ( iii ) Stations accepting such modification that are authorized to operate during nighttime hours at powers less than 0.25 kW, and that cannot with such powers attain RMS field strengths of 141 mV/m or more at 1 kilometer, shall be redesignated as Class II-S stations if they are assigned to 940 or 1550 kHz, and as Class III-S stations if they are assigned to regional channels. ( iv ) Applications for new stations may be filed at any time on 940 and 1550 kHz and on the regional channels. Also, stations assigned to 940 or 1550 kHz, or to the regional channels, may at any time, regardless of their classifications, apply for power increases up to the maximum generally permitted. Such applications for new or changed facilities will be granted without taking into account interference caused to Class II-S or Class III-S stations, but will be required to show interference protection to other classes of stations, including stations that were previously classified as Class II-S or Class III-S, but were later reclassified as Class II-B or Class III unlimited-time stations as a result of subsequent facilities modifications that permitted power increases qualifying them to discontinue their “S” subclassification. ( f ) Applications for minor modifications for AM broadcast stations, as defined in paragraph (a)(2) of this section, may be filed at any time, unless restricted by the FCC, and will be processed on a “first come/first served” basis, with the first acceptable application cutting off the filing rights of subsequent, conflicting applicants. The FCC will periodically release a Public Notice listing those applications accepted for filing. Applications received on the same day will be treated as simultaneously filed and, if they are found to be mutually exclusive, must be resolved through settlement or technical amendment. Conflicting applications received after the filing of a first acceptable application will be grouped, according to filing date, behind the lead application in a queue. The priority rights of the lead applicant, against all other applicants, are determined by the date of filing, but the filing date for subsequent, conflicting applicants only reserves a place in the queue. The rights of an applicant in a queue ripen only upon a final determination that the lead applicant is unacceptable and if the queue member is reached and found acceptable. The queue will remain behind the lead applicant until a construction permit is finally granted, at which time the queue dissolves. ( g ) Applications for change of license to change hours of operation of a Class C AM broadcast station, to decrease hours of operation of any other class of station, or to change station location involving no change in transmitter site will be considered without reference to the processing line. ( h ) Processing new and major AM broadcast station applications. ( 1 ) ( i ) The FCC will specify by Public Notice, pursuant to § 73.5002 , a period for filing AM applications for a new station or for major modifications in the facilities of an authorized station. AM applications for new facilities or for major modifications, whether for commercial broadcast stations or noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , will be accepted only during these specified periods. Applications submitted prior to the appropriate filing period or “window” opening date identified in the Public Notice will be returned as premature. Applications submitted after the specified deadline will be dismissed with prejudice as untimely. ( ii ) ( A ) Such AM applicants will be subject to the provisions of §§ 1.2105 of this chapter and 73.5002 regarding the submission of the short-form application, FCC Form 175, and all appropriate certifications, information and exhibits contained therein. Applications must include the following engineering data: ( 1 ) Community of license; ( 2 ) Frequency; ( 3 ) Class; ( 4 ) Hours of operations (day, night, critical hours); ( 5 ) Power (day, night, critical hours); ( 6 ) Antenna location (day, night, critical hours); and ( 7 ) All other antenna data. ( B ) Applications lacking data (including any form of placeholder, such as inapposite use of “0” or “not applicable” or an abbreviation thereof) in any of the categories listed in paragraph (h)(1)(ii)(A) of this section will be immediately dismissed as incomplete without an opportunity for amendment. The staff will review the remaining applications to determine whether they meet the following basic eligibility criteria: ( 1 ) Community of license coverage (day and night) as set forth in § 73.24(i) , and ( 2 ) Protection of co- and adjacent-channel station licenses, construction permits and prior-filed applications (day and night) as set forth in §§ 73.37 and 73.182 . ( C ) If the staff review shows that an application does not meet one or more of the basic eligibility criteria listed in paragraph (h)(1)(ii)(B) of this section, it will be deemed “technically ineligible for filing” and will be included on a Public Notice listing defective applications and setting a deadline for the submission of curative amendments. An application listed on that Public Notice may be amended only to the extent directly related to an identified deficiency in the application. The amendment may modify the proposed power, class (within the limits set forth in § 73.21 of the rules), antenna location or antenna data, but not the proposed community of license or frequency. Except as set forth in the preceding two sentences, amendments to short-form (FCC Form 175) applications will not be accepted at any time. Applications that remain technically ineligible after the close of this amendment period will be dismissed, and the staff will determine which remaining applications are mutually exclusive. The engineering proposals in eligible applications remaining after the close of the amendment period will be protected from subsequently filed applications. Determinations as to the acceptability or grantability of an applicant's proposal will not be made prior to an auction. ( iii ) AM applicants will be subject to the provisions of §§ 1.2105 and 73.5002 regarding the modification and dismissal of their short-form applications. ( 2 ) Subsequently, the FCC will release Public Notices: ( i ) Identifying the short-form applications received during the window filing period which are found to be mutually exclusive, including any applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , as well as the procedures the FCC will use to resolve the mutually exclusive applications; ( ii ) Establishing a date, time and place for an auction; ( iii ) Providing information regarding the methodology of competitive bidding to be used in the upcoming auction, bid submission and payment procedures, upfront payment procedures, upfront payment deadlines, minimum opening bid requirements and applicable reserve prices in accordance with the provisions of § 73.5002 ; ( iv ) Identifying applicants who have submitted timely upfront payments and, thus, are qualified to bid in the auction. ( 3 ) After the close of the filing window, the FCC will also release a Public Notice identifying any short-form applications received which are found to be non-mutually exclusive, including any applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) . All non-mutually exclusive applicants will be required to submit an appropriate long form application within 30 days of the Public Notice and, for applicants for commercial broadcast stations, pursuant to the provisions of § 73.5005(d) . Non-mutually exclusive applications for commercial broadcast stations will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and 73.3584 . Non-mutually exclusive applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.7004 and 73.3584 . If the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served by the granting of the non-mutually exclusive long form application, the same will be granted. ( 4 ) ( i ) The auction will be held pursuant to the procedures set forth in §§ 1.2101 et seq. and 73.5000 et seq. Subsequent to the auction, the FCC will release a Public Notice announcing the close of the auction and identifying the winning bidders. Winning bidders will be subject to the provisions of § 1.2107 of this chapter regarding down payments and will be required to submit the appropriate down payment within 10 business days of the Public Notice. Pursuant to § 1.2107 of this chapter and § 73.5005 , a winning bidder that meets its down payment obligations in a timely manner must, within 30 days of the release of the Public Notice announcing the close of the auction, submit the appropriate long-form application for each construction permit for which it was the winning bidder. Long-form applications filed by winning bidders shall include the exhibits identified in § 73.5005(a) . ( ii ) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to § 1.2109(a) . Long-form construction permit applications will be processed and the FCC will periodically release a Public Notice listing such applications that have been accepted for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and 73.3584 . Construction permits will be granted by the Commission only after full and timely payment of winning bids and any applicable late fees, and if the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served. ( iii ) All long-form applications will be cutoff as of the date of filing with the FCC and will be protected from subsequently filed long-form applications. Applications will be required to protect all previously filed commercial and noncommercial applications. Subject to the restrictions set forth in paragraph (k) of this section, winning bidders filing long-form applications may change the technical proposals specified in their previously submitted short-form applications, but such change may not constitute a major change. If the submitted long-form application would constitute a major change from the proposal submitted in the short-form application, the long-form application will be returned pursuant to paragraph (h)(1)(i) of this section. ( i ) In order to grant a major or minor change application made contingent upon the grant of another licensee's request for a facility modification, the Commission will not consider mutually exclusive applications by other parties that would not protect the currently authorized facilities of the contingent applicants. Such major change applications remain, however, subject to the provisions of §§ 73.3580 and 1.1111 . The Commission shall grant contingent requests for construction permits for station modifications only upon a finding that such action will promote the public interest, convenience and necessity. ( j ) Applications proposing to change the community of license of an AM station, except for an AM station in the 1605-1705 kHz band, are considered to be minor modifications under paragraphs (a)(2) and (f) of this section, and are subject to the following requirements: ( 1 ) The applicant must attach an exhibit to its application containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of assignments under Section 307(b) of the Communications Act of 1934, as amended ( 47 U.S.C. 307(b) ); ( 2 ) The daytime facilities specified by the applicant at the proposed community of license must be mutually exclusive, as defined in § 73.37 , with the applicant's current daytime facilities; and ( 3 ) The applicant must comply with the local public notice provisions of § 73.3580(c)(5) . ( k ) ( 1 ) An AM applicant receiving a dispositive Section 307(b) preference is required to construct and operate technical facilities substantially as proposed in its FCC Form 175. An AM applicant, licensee, or permittee receiving a dispositive Section 307(b) preference based on its proposed service to underserved populations (under Priority (1), Priority (2), and Priority (4)) or service totals (under Priority (4)) may modify its facilities so long as it continues to provide the same priority service to substantially the same number of persons who would have received service under the initial proposal, even if the population is not the same population that would have received such service under the initial proposal. For purposes of this provision, “substantially” means that any proposed modification must not result in a decrease of more than 20 percent of any population figure that was a material factor in obtaining the dispositive Section 307(b) preference. ( 2 ) An AM applicant, licensee, or permittee that has received a dispositive preference under Priority (3) will be prohibited from changing its community of license. ( 3 ) The restrictions set forth in paragraphs (k)(1) and (k)(2) of this section will be applied for a period of four years of on-air operations. This holding period does not apply to construction permits that are awarded on a non-comparative basis, such as those awarded to non-mutually exclusive applicants or through settlement. Note to § 73.3571 : For purposes of paragraph (h)(1)(ii) of this section, § 73.182(k) interference standards apply when determining nighttime mutual exclusivity between applications to provide AM service that are filed in the same window. Two applications would be deemed to be mutually exclusive if either application would be subject to dismissal because it would enter into, i.e. , raise, the twenty-five percent exclusion RSS nighttime limit of the other. [ 63 FR 48625 , Sept. 11, 1998, as amended at 64 FR 19501 , Apr. 21, 1999; 67 FR 45374 , July 9, 2002; 68 FR 26227 , May 15, 2003; 71 FR 6228 , Feb. 7, 2006; 71 FR 76219 , Dec. 20, 2006; 75 FR 9806 , Mar. 4, 2010; 76 FR 18952 , Apr. 6, 2011; 85 FR 36794 , June 18, 2020] § 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, and TV translators applications. ( a ) Applications for TV stations are divided into two groups: ( 1 ) In the first group are applications for new stations or major changes in the facilities of authorized stations. A major change for TV broadcast stations authorized under this part is any change in frequency or community of license which is in accord with a present allotment contained in the Table of Allotments ( § 73.622(j) ). Other requests for change in frequency or community of license for TV broadcast stations must first be submitted in the form of a petition for rulemaking to amend the Table of Allotments. ( 2 ) In the case of Class A TV stations authorized under subpart J of this part and low power TV and TV translator stations authorized under part 74 of this chapter , a major change is any change in: ( i ) Frequency (output channel), except a change in offset carrier frequency; or ( ii ) Transmitting antenna location where the protected contour resulting from the change is not predicted to overlap any portion of the protected contour based on the station's authorized facilities. ( 3 ) Other changes will be considered minor, including changes made to implement a channel sharing arrangement, provided they comply with the other provisions of this section. ( 4 ) [Reserved] ( b ) ( 1 ) A new file number will be assigned to an application for a new station or for major changes in the facilities of an authorized station, when it is amended so as to effect a major change, as defined in paragraph (a)(1) or (2) of this section, or result in a situation where the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed, and § 73.3580 will apply to such amended application. However, such change in ownership is minor if: ( i ) The governing board change in a nonstock or membership noncommercial educational (NCE) full power television applicant occurred over a period of six months or longer; or ( ii ) The governing board change in a nonstock or membership NCE full power television applicant occurred over a period of less than six months and there is no evidence of a takeover concern or a significant effect on such organization's mission. ( 2 ) All changes in a governmental applicant are considered minor. ( 3 ) An application for change in the facilities of any existing station will continue to carry the same file number even though (pursuant to FCC approval) an assignment of license or transfer of control of such licensee or permittee has taken place if, upon consummation, the application is amended to reflect the new ownership. ( c ) Amendments to Class A TV, low power TV and TV translator stations, or non-reserved television applications, which would require a new file number pursuant to paragraph (b) of this section, are subject to competitive bidding procedures and will be dismissed if filed outside a specified filing period. See 47 CFR 73.5002(a) . When an amendment to an application for a reserved television allotment would require a new file number pursuant to paragraph (b) of this section, the applicant will have the opportunity to withdraw the amendment at any time prior to designation for a hearing if applicable; and may be afforded, subject to the discretion of the Administrative Law Judge, an opportunity to withdraw the amendment after designation for a hearing. ( d ) ( 1 ) The FCC will specify by Public Notice, a period for filing applications for new television stations on reserved noncommercial educational channels or for major modifications in the facilities of an authorized station on reserved channels. TV reserved channel applications for new facilities or for major modifications will be accepted only during the appropriate filing period or “window.” Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the specified deadline will be dismissed with prejudice as untimely. Mutually exclusive applications for reserved channel television stations will be resolved using the point system in subpart K of this part . ( 2 ) Concurrently with the filing of a new or major modification application for a reserved noncommercial educational channel, the applicant shall submit to the FCC's public reference room and to a local public inspection file consistent with § 73.3527(e)(2) , supporting documentation of points claimed, as described in the application form. ( e ) The FCC will specify by Public Notice a period for filing applications for a new non-reserved television, low power TV and TV translator stations or for major modifications in the facilities of such authorized stations, whether for commercial broadcast stations or noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , and major modifications in the facilities of Class A TV stations. ( f ) Applications for minor modification of Class A TV, low power TV and TV translator stations may be filed at any time, unless restricted by the FCC, and will be processed on a “first-come/first-served” basis, with the first acceptable application cutting off the filing rights of subsequent, competing applicants. Provided, however, that applications for minor modifications of Class A TV and those of TV broadcast stations may become mutually exclusive until grant of a pending Class A TV or TV broadcast minor modification application. [ 63 FR 48626 , Sept. 11, 1998, as amended at 65 FR 30007 , May 10, 2000; 65 FR 36379 , June 8, 2000; 67 FR 5513 , Feb. 6, 2002; 67 FR 45374 , July 9, 2002; 68 FR 26227 , May 15, 2003; 76 FR 44827 , July 27, 2011; 82 FR 18249 , Apr. 18, 2017; 85 FR 7889 , Feb. 12, 2020; 86 FR 66213 , Nov. 22, 2021; 89 FR 7260 , Feb. 1, 2024] § 73.3573 Processing FM broadcast station applications. ( a ) Applications for FM broadcast stations are divided into two groups: ( 1 ) In the first group are applications for new stations or for major changes of authorized stations. A major change in ownership is one in which the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed, except that such change in ownership is minor if: The governing board change in a nonstock or membership NCE applicant occurred over a period of six months or longer or the governing board change in a nonstock or membership NCE applicant occurred over a period of less than six months and there is no evidence of a takeover concern or a significant effect on such organization's mission. All changes in a governmental applicant are considered minor. In the case of a Class D or an NCE FM reserved band channel station, a major facility change is any change in antenna location which would not continue to provide a 1 mV/m service to some portion of its previously authorized 1 mV/m service area. In the case of a Class D station, a major facility change is any change in community of license or any change in frequency other than to a first-, second-, or third-adjacent channel. A major facility change for a commercial or a noncommercial educational full service FM station, a winning auction bidder, or a tentative selectee authorized or determined under this part is any change in frequency or community of license which is not in accord with its current assignment, except for the following: ( i ) A change in community of license which complies with the requirements of paragraph (g) of this section; ( ii ) A change to a higher or lower class co-channel, first-, second-, or third-adjacent channel, or intermediate frequency; ( iii ) A change to a same-class first-, second-, or third-adjacent channel, or intermediate frequency; ( iv ) A channel substitution, subject to the provisions of Section 316 of the Communications Act for involuntary channel substitutions. ( 2 ) The second group consists of applications for licenses and all other changes in the facilities of authorized stations. ( b ) ( 1 ) The FCC may, after the acceptance of an application for modification of facilities, advise the applicant that such application is considered to be one for a major change and therefore subject to the provisions of §§ 73.3522 , 73.3580 and 1.1111 of this chapter pertaining to major changes. Such major modification applications in the non-reserved band will be dismissed as set forth in paragraph (f)(2)(i) of this section. ( 2 ) An amendment to a non-reserved band application which would effect a major change, as defined in paragraph (a)(1) of this section, will not be accepted, except as provided for in paragraph (f)(2)(i) of this section. ( 3 ) A new file number will be assigned to a reserved band application for a new station or for major changes in the facilities of an authorized station, when it is amended so as to effect a major change, as defined in paragraph (a)(1) of this section. Where an amendment to a reserved band application would require a new file number, the applicant will have the opportunity to withdraw the amendment at any time prior to designation for hearing, if applicable; and may be afforded, subject to the discretion of the Administrative Law Judge, an opportunity to withdraw the amendment after designation for hearing. ( c ) An application for changes in the facilities of any existing station will continue to carry the same file number even though (pursuant to FCC approval) an assignment of license or transfer of control of such licensee or permittee has taken place if, upon consummation, the application is amended to reflect the new ownership. ( d ) If, upon examination, the FCC finds that the public interest, convenience and necessity will be served by the granting of an application for FM broadcast facilities, the same will be granted. If the FCC is unable to make such a finding and it appears that a hearing may be required, the procedure given in § 73.3593 will be followed. In the case of mutually exclusive applications for reserved channels, the procedures in subpart K of this part will be followed. In the case of mutually exclusive applications for unreserved channels, the procedures in subpart I of this part will be followed. ( e ) Processing reserved channel FM broadcast station applications. ( 1 ) Applications for minor modifications for reserved channel FM broadcast stations, as defined in paragraph (a)(2) of this section, may be filed at any time, unless restricted by the FCC, and will be processed on a “first come/first served” basis, with the first acceptable application cutting off the filing rights of subsequent, competing applicants. The FCC will periodically release a Public Notice listing those applications accepted for filing. Conflicting applications received on the same day will be treated as simultaneously filed and mutually exclusive. Conflicting applications received after the filing of the first acceptable application will be grouped, according to filing date, behind the lead application in the queue. The priority rights of the lead applicant, against all other applicants, are determined by the date of filing, but the filing date for subsequent conflicting applicants only reserves a place in the queue. The right of an applicant in a queue ripens only upon a final determination that the lead applicant is unacceptable and that the queue member is reached and found acceptable. The queue will remain behind the lead applicant until the construction permit is finally granted, at which time the queue dissolves. ( 2 ) The FCC will specify by Public Notice a period for filing reserved channel FM applications for a new station or for major modifications in the facilities of an authorized station. FM reserved channel applications for new facilities or for major modifications will be accepted only during the appropriate filing period or “window.” Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the specified deadline will be dismissed with prejudice as untimely. ( 3 ) Concurrently with the filing of a new or major modification application for a reserved noncommercial educational channel, the applicant shall submit to the FCC's public reference room and to a local public inspection file consistent with § 73.3527(e)(2) , supporting documentation of points claimed, as described in the application form. ( 4 ) Timely filed applications for new facilities or for major modifications for reserved FM channels will be processed pursuant to the procedures set forth in subpart K of this part ( § 73.7000 et seq. ) Subsequently, the FCC will release Public Notices identifying: mutually exclusive groups of applications; applications selected pursuant to the fair distribution procedures set forth in § 73.7002 ; applications received during the window filing period which are found to be non-mutually exclusive; tentative selectees determined pursuant to the point system procedures set forth in § 73.7003 ; and acceptable applications. The Public Notices will also announce: additional procedures to be followed for certain groups of applications; deadlines for filing additional information; and dates by which petitions to deny must be filed in accordance with the provisions of § 73.3584 . If the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served by the granting of the application, it will be granted. If an application is determined unacceptable for filing, the application will be returned, and subject to the amendment requirements of § 73.3522 . ( f ) Processing non-reserved FM broadcast station applications. ( 1 ) Applications for minor modifications for non-reserved FM broadcast stations, as defined in paragraph (a)(2) of this section, may be filed at any time, unless restricted by the FCC, and, generally, will be processed in the order in which they are tendered. The FCC will periodically release a Public Notice listing those applications accepted for filing. Processing of these applications will be on a “first come/first serve” basis with the first acceptable application cutting off the filing rights of subsequent applicants. All applications received on the same day will be treated as simultaneously tendered and, if they are found to be mutually exclusive, must be resolved through settlement or technical amendment. Applications received after the tender of a lead application will be grouped, according to filing date, behind the lead application in a queue. The priority rights of the lead applicant, as against all other applicants, are determined by the date of filing, but the filing date for subsequent applicants for that channel and community only reserves a place in the queue. The rights of an applicant in a queue ripen only upon a final determination that the lead applicant is unacceptable and if the queue member is reached and found acceptable. The queue will remain behind the lead applicant until a construction permit is finally granted, at which time the queue dissolves. ( 2 ) ( i ) The FCC will specify by Public Notice, pursuant to § 73.5002(a) , a period for filing non-reserved band FM applications for a new station or for major modifications in the facilities of an authorized station. FM applications for new facilities or for major modifications, whether for commercial broadcast stations or noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , will be accepted only during the appropriate filing period or “window.” Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the specified deadline will be dismissed with prejudice as untimely. ( ii ) Such FM applicants will be subject to the provisions of §§ 1.2105 and 73.5002 regarding the submission of the short-form application, FCC Form 175, and all appropriate certifications, information and exhibits contained therein. FM applicants may submit a set of preferred site coordinates as a supplement to the short-form application. Any specific site indicated by FM applicants will not be studied for technical acceptability, but will be protected from subsequently filed applications as a full-class facility as of the close of the window filing period. Determinations as to the acceptability or grantability of an applicant's proposal will not be made prior to an auction. ( iii ) FM applicants will be subject to the provisions of §§ 1.2105 and 73.5002(c) regarding the modification and dismissal of their short-form applications. ( 3 ) Subsequently, the FCC will release Public Notices: ( i ) Identifying the short-form applications received during the window filing period which are found to be mutually exclusive, including any applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , as well as the procedures the FCC will use to resolve the mutually exclusive applications; ( ii ) Establishing a date, time and place for an auction; ( iii ) Providing information regarding the methodology of competitive bidding to be used in the upcoming auction, bid submission and payment procedures, upfront payment procedures, upfront payment deadlines, minimum opening bid requirements and applicable reserve prices in accordance with the provisions of § 73.5002 ; ( iv ) Identifying applicants who have submitted timely upfront payments and, thus, are qualified to bid in the auction. ( 4 ) If, after the close of the appropriate window filing period, a non-reserved FM allotment remains vacant, the window remains closed until the FCC, by Public Notice, specifies a subsequent period for filing non-reserved band FM applications for a new station or for major modifications in the facilities of an authorized station pursuant to paragraph (f)(2)(i) of this section. After the close of the filing window, the FCC will also release a Public Notice identifying the short-form applications which are found to be non-mutually exclusive, including any applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) . These non-mutually exclusive applicants will be required to submit the appropriate long-form application within 30 days of the Public Notice and, for applicants for commercial broadcast stations, pursuant to the provisions of § 73.5005(d) . Non-mutually exclusive applications for commercial broadcast stations will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and 73.3584 . Non-mutually exclusive applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.7004 and 73.3584 . If the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience, and necessity will be served by the granting of the non-mutually exclusive long-form application, it will be granted. ( 5 ) ( i ) Pursuant to § 1.2107 of this chapter and § 73.5005 , a winning bidder that meets its down payment obligations in a timely manner must, within 30 days of the release of the public notice announcing the close of the auction, submit the appropriate long-form application for each construction permit for which it was the winning bidder. Long-form applications filed by winning bidders shall include the exhibits identified in § 73.5005(a) . ( ii ) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to § 1.2109(a) of this chapter . Long-form construction permit applications will be processed and the FCC will periodically release a Public Notice listing such applications that have been accepted for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and 73.3584 . Construction permits will be granted by the Commission only after full and timely payment of winning bids and any applicable late fees, and if the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served. ( iii ) All long-form applications will be cut-off as of the date of filing with the FCC and will be protected from subsequently filed long-form applications and rulemaking petitions. Applications will be required to protect all previously filed commercial and noncommercial applications. Winning bidders filing long-form applications may change the technical proposals specified in their previously submitted short-form applications, but such change may not constitute a major change. If the submitted long-form application would constitute a major change from the proposal submitted in the short-form application or the allotment, the long-form application will be returned pursuant to paragraph (f)(2)(i) of this section. ( 6 ) ( i ) When a non-reserved channel FM allotment is added to the Table of FM Allotments using the Tribal Priority described in Note 5 to this section, the FCC will specify by Public Notice a window filing period during which only those applicants that satisfy all of the eligibility criteria listed in Note 5 to this section with regard to the specific Tribal Priority FM allotment(s) listed in the Public Notice may file a long-form application for the Tribal Priority FM allotment. Only applications from applicants meeting the “threshold qualifications” listed in Note 5 will be accepted during this window filing period. ( ii ) If only one application for the Tribal Priority FM allotment is accepted for filing during the threshold qualifications window, the long-form application will be processed. If two or more applications for the Tribal Priority FM allotment are accepted for filing during the threshold qualifications window, the FCC will specify by Public Notice a period of time, after the close of the threshold qualifications window but before the next FM auction, during which the parties may negotiate a settlement or bona fide merger, as a way of resolving the conflict between their applications. Parties to a settlement must comply with § 73.3525 of the Commission's rules. If a settlement or bona fide merger is reached, the surviving application will be processed. If no settlement or bona fide merger is reached among the threshold qualifications window applicants, the Tribal Priority FM allotment will be offered at auction as described in paragraphs (f)(2) through (f)(5) of this section, except that only those applicants whose applications were accepted for filing pursuant to paragraph (f)(6)(i) of this section may participate in the initial auction of the Tribal Priority FM allotment. ( iii ) If no application is accepted for filing during the threshold qualifications window, and the party that initially proposed the Tribal Priority FM allotment requests by letter to the Audio Division, Media Bureau, that its pending long-form application not be immediately processed, the Tribal Priority FM allotment will be auctioned as described in paragraphs (f)(2) through (f)(5) of this section in the normal course for vacant FM allotments. When a Tribal Priority FM allotment is offered at auction for the first time, only those applicants meeting the threshold qualifications for that specific Tribal Priority FM allotment, as described in Note 5 to this section, may participate in the auction of that allotment. ( iv ) Should no applicant meeting threshold qualifications, as described in Note 5 to this section, apply to bid on a Tribal Priority FM allotment in the first auction in which it is offered, or should no applicant meeting threshold qualifications qualify to bid in the first auction in which a Tribal Priority FM allotment is offered, then the Tribal Priority FM allotment will be offered in a subsequent auction. Any such subsequent auction of a Tribal Priority FM allotment shall proceed as described in paragraphs (f)(2) through (f)(5) of this section, and any qualified applicant may participate in the auction of the Tribal Priority FM allotment in such subsequent auction, regardless of whether it meets the threshold qualifications with regard to that specific Tribal Priority FM allotment. ( g ) Applications proposing to change the community of license of an FM station or assignment are considered to be minor modifications under paragraphs (a)(2) , (e)(1) , and (f)(1) of this section, and are subject to the following requirements: ( 1 ) The applicant must attach an exhibit to its application containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of allotments or assignments under Section 307(b) of the Communications Act of 1934, as amended ( 47 U.S.C. 307(b) ); ( 2 ) The facilities specified by the applicant at the proposed community of license must be mutually exclusive, as defined in § 73.207 or 73.509 , with the applicant's current facilities or its current assignment, in the case of a winning auction bidder or tentative selectee; and ( 3 ) The applicant must comply with the local public notice provisions of § 73.3580(c)(5) . ( 4 ) Non-reserved band applications must demonstrate the existence of a suitable assignment or allotment site that fully complies with §§ 73.207 and 73.315 without resort to § 73.213 or § 73.215 . Note 1 to § 73.3573 : Applications to modify the channel and/or class to an adjacent channel, intermediate frequency (IF) channel, or co-channel may utilize the provisions of the Commission's Rules permitting short spaced stations as set forth in § 73.215 as long as the applicant shows by separate exhibit attached to the application the existence of an allotment reference site which meets the allotment standards, the minimum spacing requirements of § 73.207 and the city grade coverage requirements of § 73.315 . This exhibit must include a site map or, in the alternative, a statement that the transmitter will be located on an existing tower. Examples of unsuitable allotment reference sites include those which are offshore, in a national or state park in which tower construction is prohibited, on an airport, or otherwise in an area which would necessarily present a hazard to air navigation. Note 2 to § 73.3573 : Processing of applications for new low power educational FM applications: Pending the Commission's restudy of the impact of the rule changes pertaining to the allocations of 10-watt and other low power noncommercial educational FM stations, applications for such new stations, or major changes in existing ones, will not be accepted for filing. Exceptions are: (1) In Alaska, applications for new Class D stations or major changes in existing ones are acceptable for filing; and (2) applications for existing Class D stations to change frequency are acceptable for filing. In (2), upon the grant of such application, the station shall become a Class D (secondary) station. (See First Report and Order, Docket 20735, FCC 78-386, 43 FR 25821 , and Second Report and Order, Docket 20735, FCC 78-384, 43 FR 39704 .) Effective date of this FCC imposed “freeze” was June 15, 1978. Applications which specify facilities of at least 100 watts effective radiated power will be accepted for filing. Note 3 to § 73.3573 : For rules on processing FM translator and booster stations, see § 74.1233 of this chapter . Note 4 to § 73.3573 : A Class C station operating with antenna height above average terrain (“HAAT”) of less than 451 meters is subject to reclassification as a Class C0 station upon the filing of a triggering application for construction permit that is short-spaced to such a Class C station under § 73.207 but would be fully spaced to such a station considered as a Class C0 assignment. Triggering applications may utilize § 73.215 . Triggering applications must certify that no alternative channel is available for the proposed service. Available alternative frequencies are limited to frequencies that the proposed service could use at the specified antenna location in full compliance with the distance separation requirements of § 73.207 , without any other changes to the FM Table of Allotments. Copies of a triggering application and related pleadings must be served on the licensee of the affected Class C station. If the staff concludes that a triggering application is acceptable for filing, it will issue an order to show cause why the affected station should not be reclassified as a Class C0 station The order to show cause will provide the licensee 30 days to express in writing an intention to seek authority to modify the subject station's technical facilities to minimum Class C HAAT or to otherwise challenge the triggering application. If no such intention is expressed and the triggering application is not challenged, the subject station will be reclassified as a Class C0 station, and processing of the triggering application will be completed. If an intention to modify is expressed, an additional 180-day period will be provided during which the Class C station licensee must file an acceptable construction permit application to increase antenna height to at least 451 meters HAAT. Upon grant of such a construction permit application, the triggering application will be dismissed. Class C station licensees must serve on triggering applicants copies of any FAA submissions related to the application grant process. If the construction is not completed as authorized, the subject Class C station will be reclassified automatically as a Class C0 station. The reclassification procedure also may be initiated through the filing of an original petition for rule making to amend the FM Table of Allotments as set forth in Note 2 to § 1.420(g) . Note 5 to § 73.3573 : The “Tribal Priority” is that established by the Commission in Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, MB Docket 09-52. See First Report and Order and Further Notice of Proposed Rule Making, MB Docket 09-52, FCC 10-24, 75 FR 9797 , 75 FR 9856 , 75 FR 73976 ; Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rule Making, MB Docket 09-52, FCC 11-28, 76 FR 14362 , 76 FR 18942 ; Third Report and Order, MB Docket 09-52, FCC 11-190. To qualify for the Tribal Priority, and thus meet “threshold qualifications” for a particular allotment, an applicant must demonstrate that it meets all of the following eligibility criteria: (a) The applicant is either a federally recognized Tribe or Tribal consortium, or an entity 51 percent or more of which is owned or controlled by a Tribe or Tribes. Qualifying Tribes or Tribal entities must be those at least a portion of whose Tribal Lands lie within the principal community contour of the proposed facility. Although the 51 or greater percent Tribal control threshold need not consist of a single Tribe, the qualifying entity must be 51 percent or more owned or controlled by Tribes at least a portion of whose Tribal Lands lie within the facility's principal community contour; (b)(1) at least 50 percent of the area within the proposed principal community contour is over that Tribe's Tribal Lands, or (2) the proposed principal community contour (i) encompasses 50 percent or more of that Tribe's Tribal Lands, (ii) serves at least 2,000 people living on Tribal Lands, and (iii) the total population on Tribal Lands residing within the proposed service contour constitutes at least 50 percent of the total covered population (and, in the case of either (b)(1) or (b)(2) the proposed principal community contour does not cover more than 50 percent of the Tribal Lands of a Tribe that is not a party to the application); (c) the proposed community of license must be located on Tribal Lands; and (d) the proposed service must constitute first or second aural (reception) service, or first local Tribal-owned commercial transmission service at the proposed community of license. For purposes of this section, the definition of “Tribal Lands” is the same as that set forth at footnote 15 of the First Report and Order and Further Notice of Proposed Rule Making, FCC 10-24, and as further set forth at paragraphs 8-10 and 59 of the Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rule Making, FCC 11-28. [ 63 FR 48627 , Sept. 11, 1998, as amended at 64 FR 19502 , Apr. 21, 1999; 65 FR 36379 , June 8, 2000; 65 FR 79780 , Dec. 20, 2000; 67 FR 45374 , July 9, 2002; 68 FR 26228 , May 15, 2003; 71 FR 6228 , Feb. 7, 2006; 71 FR 76220 , Dec. 20, 2006; 77 FR 2922 , Jan. 20, 2012; 85 FR 7890 , Feb. 12, 2020; 85 FR 36794 , June 18, 2020] § 73.3574 Processing of international broadcast station applications. ( a ) Applications for International station facilities are divided into two groups. ( 1 ) In the first group are applications for new stations, or for major changes in the facilities of authorized stations. A major change is any change in or addition to authorized zones or areas of reception, any change in transmitter location other than one in the immediate vicinity of existing antennas of the station, or any change in power, or antenna directivity. However, the FCC may, within 15 days after the acceptance for filing of any other application for modification, advise the applicant that such application is considered to be one for a major change and therefore is subject to §§ 1.1111 and 73.3580 pertaining to major changes. ( 2 ) The second group consists of applications for licenses and all other changes in the facilities of authorized stations. ( b ) If an application is amended so as to effect a major change as defined in paragraph (a)(1) of this section, or so as to result in an assignment or transfer of control which, in the case of an authorized station, would require the filing of an application therefor on FCC Form 314 or 315 (see § 73.3540 ), § 73.3580 will apply to such amended application. ( c ) Applications for International stations will be processed as nearly as possible in the order in which they are filed. [ 44 FR 38504 , July 2, 1979] § 73.3578 Amendments to applications for renewal, assignment or transfer of control. ( a ) Any amendments to an application for renewal of any instrument of authorization shall be considered to be a minor amendment. However, the FCC may, within 15 days after tender for filing of any amendment, advise the applicant that the amendment is considered to be a major amendment and therefore is subject to the provisions of § 73.3580 . ( b ) Any amendment to an application for assignment of construction permit or license, or consent to the transfer of control of an entity holding such a construction permit or license, shall be considered to be a minor amendment, except that any amendment which seeks a change in the ownership interest of the proposed assignee or transferee which would result in a change in control, or any amendment which would require the filing of FCC Form 2100 Schedules 314, 315, or 345 ( see § 73.3500 ), if the changes sought were made in an original application for assignment or transfer of control, shall be considered to be a major amendment. However, the FCC may, within 15 days after the acceptance for filing of any other amendment, advise the applicant that the amendment is considered to be a major amendment and therefore is subject to the provisions of § 73.3580 . [ 44 FR 38504 , July 2, 1979, as amended at 51 FR 18451 , May 20, 1986; 89 FR 7261 , Feb. 1, 2024] § 73.3580 Local public notice of filing of broadcast applications. ( a ) Definitions. The following definitions shall apply to this section: ( 1 ) Acceptance public notice. A Commission public notice announcing that an application has been accepted for filing. ( 2 ) Applicant-affiliated website. ( i ) Any of the following internet websites, to the extent they are maintained, in order of priority: ( A ) The applicant station's internet website; ( B ) The applicant's internet website; or ( C ) The applicant's parent entity's internet website. ( ii ) An applicant maintaining or having access to more than one of the internet websites in paragraphs (a)(2)(i)(A) through (C) of this section shall post a link or tab to a web page containing the online notice text on the website with the highest priority. ( 3 ) Locally originating programming. Programming from a low power television (LPTV) or television translator station as defined in § 74.701(h) of this chapter . ( 4 ) Major amendment. A major amendment to an application is that defined in §§ 73.3571(b) , 73.3572(c) , 73.3573(b) , and 73.3578 , and 74.787(b) of this chapter . ( 5 ) Publicly accessible website. An internet website: ( i ) That is accessible to members of the public without registration or payment requirements, or any other requirement that the user provide information, or response to a survey or questionnaire in exchange for being able to access information on the website; and ( ii ) That is locally targeted to the area served and/or to be served by the applicant station (e.g., local government internet website, local community bulletin board internet website, state broadcasters' association internet website). For international broadcast station applications filed pursuant to § 73.3574 , the internet website must locally target the community in which the International broadcast station's transmission facilities are located or are proposed to be located (e.g., local government internet website, local community bulletin board internet website). ( b ) Types of public notice. Public notice is required of applicants for certain broadcast authorizations in the manner set forth in paragraphs (b)(1) and (2) of this section: ( 1 ) On-air announcement. An applicant shall broadcast on-air announcements of the filing of certain applications for authorization, if required as set forth in paragraph (c) of this section, over its station as follows: ( i ) Content. The on-air announcement shall be in the following form: On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit publicfiles.fcc.gov, and search in [STATION CALL SIGN'S] public file. An applicant station without an online public inspection file shall instead broadcast the following on-air announcement: On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions can visit www.fcc.gov/stationsearch , and search in the list of [STATION CALL SIGN'S] filed applications. Television broadcast stations, in presenting on-air announcements, must use visuals with the full text of the on-air announcement when this information is being orally presented by the announcer. ( ii ) Frequency of broadcast. The applicant shall broadcast the on-air announcements at least once per week (Monday through Friday) for four consecutive weeks, for a total of six (6) broadcasts, with no more than two broadcasts in a week. Broadcasts made in the same week shall not air on the same day. ( iii ) Commencement of broadcast. The applicant may air the first broadcast of the on-air announcement as early as the date of release of the acceptance public notice for the application, but not later than the fifth business day following release of the acceptance public notice for the application. ( iv ) Time of broadcast. The applicant shall broadcast all on-air announcements between the hours of 7:00 a.m. and 11:00 p.m. local time at the applicant station's community of license, Monday through Friday. ( v ) Language of broadcast. A station broadcasting primarily in a foreign language should broadcast the announcements in that language. ( vi ) Silent stations or stations not broadcasting. Any station required to broadcast on-air announcements that is not broadcasting during all or a portion of the period during which on-air announcements are required to be broadcast, including silent stations and noncommercial educational broadcast stations that are not scheduled to broadcast during the portion of the year during which on-air announcements are required to be broadcast, must comply with the provisions of paragraph (b)(2) of this section during the time period in which it is unable to broadcast required on-air announcements, and must broadcast required on-air announcements during the time period it is able to do so. ( 2 ) Online notice. An applicant shall conspicuously post on an internet website notice of the filing of certain applications for authorization, if required as set forth in paragraph (c) of this section, as follows: ( i ) Content. The online notice shall be in the following form: On [DATE], [APPLICANT NAME], [PERMITTEE/LICENSEE] of [STATION CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S TRANSMISSION FACILITIES ARE LOCATED], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit [INSERT HYPERLINK TO APPLICATION LINK IN APPLICANT'S ONLINE PUBLIC INSPECTION FILE (OPIF) OR, IF THE STATION HAS NO OPIF, TO APPLICATION LOCATION IN THE MEDIA BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL BROADCAST STATION, TO APPLICATION LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS' ICFS DATABASE]. An applicant for a proposed but not authorized station shall post the following online notice: On [DATE], [APPLICANT NAME], applicant for [A NEW (STATION TYPE) STATION ON] [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S TRANSMISSION FACILITIES ARE TO BE LOCATED], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit [INSERT HYPERLINK TO APPLICATION LOCATION IN THE MEDIA BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL BROADCAST STATION, TO APPLICATION LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS' ICFS DATABASE]. An applicant for an authorization under section 325(c) of the Communications Act (Studio Delivering Programs to a Foreign Station) shall post the following online notice: On [DATE], [APPLICANT NAME] filed an application with the Federal Communications Commission for a permit to deliver programs to foreign station [FOREIGN STATION CALL SIGN], [FOREIGN STATION FREQUENCY], [FOREIGN STATION COMMUNITY OF LICENSE]. [DESCRIPTION OF THE PROGRAMS TO BE TRANSMITTED OVER THE STATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit [INSERT HYPERLINK TO APPLICATION LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS' ICFS DATABASE]. ( ii ) Site. The applicant shall post online notice by posting a conspicuous link or tab labeled “FCC Applications” on an applicant-affiliated website, as defined in paragraph (a)(2) of this section. The link or tab will link directly to a page containing only the online notice text referenced in paragraph (b)(2)(i) of this section. To the extent that there are no pending applications requiring online public notice, the link or tab should link to a page indicating that there are no pending applications subject to the posting requirement. This page must include the date when it was last updated. If the applicant does not maintain or have access to an applicant-affiliated website, the applicant may post the online notice on a publicly accessible website, as defined in paragraph (a)(5) of this section. An applicant for an authorization under section 325(c) of the Communications Act (Studio Delivering Programs to a Foreign Station) shall post online notice on a publicly accessible website that is locally targeted to the principal area to be served in the United States by the foreign broadcast station. ( iii ) Duration of posting. If the online notice is posted on an applicant-affiliated website or on a publicly accessible website for which the applicant is not required to compensate the website owner in exchange for posting the online notice, then the applicant must post the online notice for a minimum of 30 consecutive days. If the applicant does not maintain an applicant-affiliated website, and the applicant is required to compensate a website owner in exchange for posting on a publicly accessible website, the applicant must post the online notice for a period of not less than 24 consecutive hours, once per week (Monday through Friday), for four consecutive weeks. ( iv ) Commencement of posting. The applicant must post the online notice no earlier than the date of release of the acceptance public notice for the application, and not later than five business days following release of the acceptance public notice for the application. ( c ) Applications requiring local public notice. The following applications filed by licensees or permittees of the following types of stations must provide public notice in the manner set forth in paragraphs (c)(1) through (7) of this section: ( 1 ) Applications for a construction permit for a new station, a major amendment thereto, or a major modification to a construction permit for a new unbuilt station. ( i ) For a commercial or noncommercial educational full power television; commercial or noncommercial educational full-service AM or FM radio station; Class A television station; low power television (LPTV) or television translator station; low-power FM (LPFM) station; or commercial or noncommercial FM translator or FM booster station, the applicant shall give online notice. ( ii ) For an international broadcast station, the applicant shall give online notice on a publicly accessible website, locally targeted to the community in which the station's transmission facilities are to be located. ( 2 ) Applications for a major change to the facilities of an operating station, or major amendments thereto. ( i ) For a noncommercial educational full power television; noncommercial full-service AM or FM radio station; or for an LPFM station, the applicant shall broadcast on-air announcements. ( ii ) For a commercial full power television; commercial full-service AM or FM radio station; or a Class A television station, the applicant shall both broadcast on-air announcements and give online notice. ( iii ) For an LPTV or television translator station; or an FM translator or FM booster station, the applicant shall give online notice. ( iv ) For an international broadcast station, the applicant shall give online notice on a publicly accessible website, locally targeted to the community in which the station's transmission facilities are located. ( 3 ) Applications for renewal of license. ( i ) For a full power television; full-service AM or FM radio station; Class A television station; LPTV station locally originating programming; or LPFM station, the applicant shall broadcast on-air announcements. ( ii ) For an LPTV station that does not locally originate programming; or for a TV or FM translator station, the applicant shall give online notice. ( iii ) For an international broadcast station, the applicant shall give online notice on a publicly accessible website, locally targeted to the community in which the station's transmission facilities are located. ( 4 ) Applications for assignment or transfer of control of a construction permit or license, or major amendments thereto. ( i ) For a noncommercial educational full power television; noncommercial educational full-service AM or FM radio station; or an LPFM station, the applicant shall broadcast on-air announcements. ( ii ) For a commercial full power television; commercial full-service AM or FM radio station; Class A television station; or an LPTV station that locally originates programming, the applicant shall both broadcast on-air announcements and give online notice. ( iii ) For an LPTV station that does not locally originate programming, or a TV or FM translator station, the applicant shall give online notice. ( iv ) For an international broadcast station, the applicant shall give online notice on a publicly accessible website, locally targeted to the community in which the station's transmission facilities are located. ( v ) For any application for assignment or transfer of control of a construction permit or license, for a station that is not operating, the applicant shall give online notice. ( 5 ) Applications for a minor modification to change a station's community of license, or major amendments thereto. ( i ) For a noncommercial educational full-service AM or FM radio station, the applicant shall broadcast on-air announcements. ( ii ) For a commercial full-service AM or FM radio station, the applicant shall both broadcast on-air announcements and give online notice. In addition to the online notice set forth in paragraph (b)(2) of this section locally targeted to the applicant station's current community of license, the applicant shall also give online notice on a publicly accessible website locally targeted to the community that the applicant proposes to designate as its new community of license, for the same time periods and in the same manner as set forth in paragraph (b)(2) of this section. ( 6 ) Applications for a permit pursuant to section 325(c) of the Communications Act (studio delivering programming to a foreign station). The applicant shall give online notice. ( 7 ) Applications by LPTV stations to convert to Class A status pursuant to the Low Power Protection Act. The applicant shall both broadcast on-air announcements and give online notice. ( d ) Applications for which local public notice is not required. The following types of applications are not subject to the local public notice provisions of this section: ( 1 ) A minor change in the facilities of an authorized station, as indicated in §§ 73.3571 , 73.3572 , 73.3573 , and 73.3574 , and 74.787(b) of this chapter , except a minor change to designate a different community of license for an AM or FM radio broadcast station, pursuant to the provisions of §§ 73.3571(j) and 73.3573(g) . ( 2 ) Consent to an involuntary assignment or transfer or to a voluntary assignment or transfer which does not result in a change of control and which may be applied for on FCC Form 316, or any successor form released in the future, pursuant to the provisions of § 73.3540(b) . ( 3 ) A license under section 319(c) of the Communications Act or, pending application for or grant of such license, any special or temporary authorization to permit interim operation to facilitate completion of authorized construction or to provide substantially the same service as would be authorized by such license. ( 4 ) Extension of time to complete construction of authorized facilities. ( 5 ) An authorization of facilities for remote pickup or studio links for use in the operation of a broadcast station. ( 6 ) Authorization pursuant to section 325(c) of the Communications Act (Studio Delivering Programs to a Foreign Station) where the programs to be transmitted are special events not of a continuing nature. ( 7 ) An authorization under any of the proviso clauses of section 308(a) of the Communications Act concerning applications for and conditions in licenses. ( e ) Certification of local public notice. ( 1 ) The applicant must certify in the appropriate application that it will comply with the public notice requirements set forth in paragraph (c) of this section. ( 2 ) An applicant for renewal of a license that is required to maintain an online public inspection file shall, within seven (7) days of the last day of broadcast of the required on-air announcements, place in its online public inspection file a statement certifying compliance with this section, along with the dates and times that the on-air announcements were broadcast. An applicant for renewal of a license that is required to maintain an online public inspection file, and that is not broadcasting during all or a portion of the period during which on-air announcements are required to be broadcast, as set forth in paragraph (b)(1)(vi) of this section, shall, within seven (7) days of the last on-air announcement or last day of posting online notice, whichever occurs last, place in its online public inspection file a statement certifying compliance with this section, along with the dates and times that any on-air announcements were broadcast, along with the dates and times that online notice was posted and the Universal Resource Locator (URL) of the internet website on which online notice was posted. This certification need not be filed with the Commission but shall be retained in the online public inspection file for as long as the application to which it refers. ( f ) Time for acting on applications. Applications (as originally filed or amended) will be acted upon by the FCC no sooner than 30 days following release of the acceptance public notice, except as otherwise permitted in § 73.3542 or § 73.1635 . [ 85 FR 36794 , June 18, 2020, as amended at 86 FR 14851 , Mar. 19, 2021; 88 FR 21448 , Apr. 10, 2023; 89 FR 1477 , Jan. 10, 2024] § 73.3584 Procedure for filing petitions to deny. ( a ) For mutually exclusive applications subject to selection by competitive bidding (non-reserved channels) or fair distribution/point system (reserved channels), petitions to deny may be filed only against the winning bidders or tentative selectee(s), and such petitions will be governed by §§ 73.5006 and 73.7004 , respectively. For all other applications the following rules will govern. Except in the case of applications for new low power TV and TV translator stations, for major changes in the existing facilities of such stations, or for applications for a change in output channel tendered by displaced low power TV and TV translator stations pursuant to § 73.3572(a)(1) , any party in interest may file with the Commission a Petition to Deny any application (whether as originally filed or if amended so as to require a new file number pursuant to § 73.3571(j) , § 73.3572(b) , § 73.3573(b) , § 73.3574(b) or § 73.3578 ) for which local notice pursuant to § 73.3580 is required, provided such petitions are filed prior to the day such applications are granted or designated for hearing; but where the FCC issues a public notice pursuant to the provisions of § 73.3571(c) , § 73.3572(c) or § 73.3573(d) , establishing a “cut-off” date, such petitions must be filed by the date specified. In the case of applications for transfers and assignments of construction permits or station licenses, Petitions to Deny must be filed not later than 30 days after issuance of a public notice of the acceptance for filing of the applications. In the case of applications for renewal of license, Petitions to Deny may be filed at any time up to the deadline established in § 73.3516(e) . Requests for extension of time to file Petitions to Deny applications for new broadcast stations or major changes in the facilities of existing stations or applications for renewal of license will not be granted unless all parties concerned, including the applicant, consent to such requests, or unless a compelling showing can be made that unusual circumstances make the filing of a timely petition impossible and the granting of an extension warranted. ( b ) Except in the case of applications for new low power TV or TV translator stations, or for major changes in the existing facilities of such stations, the applicant may file an opposition to any Petition to Deny, and the Petitioner a reply to such opposition in which allegations of fact or denials thereof shall be supported by affidavit of a person or persons with personal knowledge thereof. The times for filing such oppositions and replies shall be those provided in § 1.45 except that as to a Petition to Deny an application for renewal of license, an opposition thereto may be filed within 30 days after the Petition to Deny is filed, and the party that filed the Petition to Deny may reply to the opposition within 20 days after opposition is due or within 20 days after the opposition is filed, whichever is longer. The failure to file an opposition or a reply will not necessarily be construed as an admission of fact or argument contained in a pleading. ( c ) In the case of applications for new low power TV and TV translator stations, for major changes in the existing facilities of such stations, or for applications for a change in output channel tendered by displaced low power TV and TV translator stations pursuant to § 73.3572(a)(1) , any party in interest may file with the FCC a Petition to Deny any application (whether as originally filed or if amended so as to require a new file number pursuant to § 73.3572(b) ) for which local notice pursuant to § 73.3580 is required, provided such petitions are filed within 30 days of the FCC Public Notice proposing the application for grant (applicants may file oppositions within 15 days after the Petition to Deny is filed); but where the FCC selects a tentative permittee pursuant to Section 1.1601 et seq., Petitions to Deny shall be accepted only if directed against the tentative selectee and filed after issuance of and within 15 days of FCC Public Notice announcing the tentative selectee. The applicant may file an opposition within 15 days after the Petition to Deny is filed. In cases in which the minimum diversity preference provided for in § 1.1623(f)(1) has been applied, an “objection to diversity claim” and opposition thereto, may be filed against any applicant receiving a diversity preference, within the same time period provided herein for Petitions and Oppositions. In all pleadings, allegations of fact or denials thereof shall be supported by appropriate certification. However, the FCC may announce, by the Public Notice announcing the acceptance of the last-filed mutually exclusive application, that a notice of Petition to Deny will be required to be filed no later than 30 days after issuance of the Public Notice. ( d ) A party in interest may file a Petition to Deny any application that proposes reclassification of a Class C authorization to Class C0 not later than 30 days after issuance of an order to show cause by the Commission notifying the affected licensee of the proposed reclassification. ( e ) Untimely Petitions to Deny, as well as other pleadings in the nature of a Petition to Deny, and any other pleadings or supplements which do not lie as a matter of law or are otherwise procedurally defective, are subject to return by the FCC's staff without consideration. [ 48 FR 27206 , June 13, 1983, as amended at 52 FR 31401 , Aug. 20, 1987; 53 FR 2499 , Jan. 28, 1988; 55 FR 28914 , July 16, 1990; 61 FR 18291 , Apr. 25, 1996; 65 FR 36379 , June 8, 2000; 65 FR 79780 , Dec. 20, 2000; 89 FR 7261 , Feb. 1, 2024] § 73.3587 Procedure for filing informal objections. Before FCC action on any application for an instrument of authorization, any person may file informal objections to the grant in LMS. Such objections may be submitted in letter form (without extra copies) and shall be signed. The limitation on pleadings and time for filing pleadings provided for in § 1.45 of this chapter shall not be applicable to any objections duly filed under this section. [ 89 FR 7261 , Feb. 1, 2024] § 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. ( a ) Whenever a petition to deny or an informal objection has been filed against any application, and the filing party seeks to dismiss or withdraw the petition to deny or the informal objection, either unilaterally or in exchange for financial consideration, that party must file with the Commission a request for approval of the dismissal or withdrawal, a copy of any written agreement related to the dismissal or withdrawal, and an affidavit setting forth: ( 1 ) A certification that neither the petitioner nor its principals has received or will receive any money or other consideration in excess of legitimate and prudent expenses in exchange for the dismissal or withdrawal of the petition to deny; ( 2 ) The exact nature and amount of any consideration received or promised; ( 3 ) An itemized accounting of the expenses for which it seeks reimbursement; and ( 4 ) The terms of any oral agreement related to the dismissal or withdrawal of the petition to deny. In addition, within 5 days of petitioner's request for approval, each remaining party to any written or oral agreement must submit an affidavit setting forth: ( 5 ) A certification that neither the applicant nor its principals had paid or will pay money or other consideration in excess of the legitimate and prudent expenses of the petitioner in exchange for dismissing or withdrawing the petition to deny; and ( 6 ) The terms of any oral agreement relating to the dismissal or withdrawal of the petition to deny. ( b ) Citizens' agreements. For purposes of this section, citizens agreements include agreements arising whenever a petition to deny or informal objection has been filed against any application and the filing party seeks to dismiss or withdraw the petition or objection in exchange for nonfinancial consideration (e.g., programming, ascertainment or employment initiatives). The parties to such an agreement must file with the Commission a joint request for approval of the agreement, a copy of any written agreement, and an affidavit executed by each party setting forth: ( 1 ) Certification that neither the petitioner, nor any person or organization related to the petitioner, has received or will receive any money or other consideration in connection with the citizens' agreement other than legitimate and prudent expenses incurred in prosecuting the petition to deny; ( 2 ) Certification that neither the petitioner, nor any person or organization related to petitioner is or will be involved in carrying out, for a fee, any programming, ascertainment, employment or other non-financial initiative referred to in the citizens' agreement; and ( 3 ) The terms of any oral agreement. ( c ) For the purposes of this section: ( 1 ) Affidavits filed pursuant to this section shall be executed by the applicant, permittee or licensee, if an individual; a partner having personal knowledge of the facts, if a partnership; or an officer having personal knowledge of the facts, if a corporation or association. ( 2 ) A petition shall be deemed to be pending before the Commission from the time a petition is filed with the Commission until an order of the Commission granting or denying the petition is no longer subject to reconsideration by the Commission or to review by any court. ( 3 ) “Legitimate and prudent expenses” are those expenses reasonably incurred by a petitioner in preparing, filing, and prosecuting its petition for which reimbursement is being sought. ( 4 ) “Other consideration” consists of financial concessions, including but not limited to the transfer of assets or the provision of tangible pecuniary benefit, as well as non-financial concessions that confer any type of benefit on the recipient. [ 54 FR 22598 , May 25, 1989. Redesignated and amended at 55 FR 28914 , July 16, 1990] § 73.3589 Threats to file petitions to deny or informal objections. ( a ) No person shall make or receive any payments in exchange for withdrawing a threat to file or refraining from filing a petition to deny or an informal objection. For the purposes of this section, reimbursement by an applicant of the legitimate and prudent expenses of a potential petitioner or objector incurred reasonably and directly in preparing to file a petition to deny will not be considered to be payment for refraining from filing a petition to deny or informal objection. Payments made directly to a potential petitioner or objector, or a person related to a potential petitioner or objector, to implement nonfinancial promises are prohibited unless specifically approved by the Commission. ( b ) Whenever any payment is made in exchange for withdrawing a threat to file or refraining from filing a petition to deny or informal objection, the licensee must file with the Commission a copy of any written agreement related to the dismissal or withdrawal, and an affidavit setting forth: ( 1 ) Certification that neither the would-be petitioner, nor any person or organization related to the would-be petitioner, has received or will receive any money or other consideration in connection with the citizens' agreement other than legitimate and prudent expenses reasonably incurred in preparing to file the petition to deny; ( 2 ) Certification that unless such arrangement has been specifically approved by the Commission, neither the would-be petitioner, nor any person or organization related to the would-be petitioner, is or will be involved in carrying out, for a fee, any programming ascertainment, employment or other nonfinancial initiative referred to in the citizens' agreement; and ( 3 ) The terms of any oral agreement. ( c ) For purposes of this section: ( 1 ) Affidavits filed pursuant to this section shall be executed by the licensee, if an individual; a partner having personal knowledge of the facts, if a partnership; or an officer having personal knowledge of the facts, if a corporation or association. ( 2 ) “Legitimate and prudent expenses” are those expenses reasonably incurred by a would-be petitioner in preparing to file its petition for which reimbursement is being sought. ( 3 ) “Other consideration” consists of financial concessions, including but not limited to the transfer of assets or the provision of tangible pecuniary benefit, as well as non-financial concessions that confer any type of benefit on the recipient. [ 55 FR 28914 , July 16, 1990] § 73.3591 Grants without hearing. ( a ) Except for renewal applications filed after May 1, 1995 which will be subject to paragraph (d) of this section, in the case of any application for an instrument of authorization, other than a license pursuant to a construction permit, the FCC will make the grant if it finds (on the basis of the application, the pleadings filed or other matters which it may officially notice) that the application presents no substantial and material question of fact and meets the following requirements: ( 1 ) There is not pending a mutually exclusive application filed in accordance with paragraph (b) of this section; ( 2 ) The applicant is legally, technically, financially, and otherwise qualified; ( 3 ) The applicant is not in violation of provisions of law, the FCC rules, or established policies of the FCC; and ( 4 ) A grant of the application would otherwise serve the public interest, convenience and necessity. ( b ) In making its determinations pursuant to the provisions of paragraph (a) of this section, the FCC will not consider any other application, or any application if amended so as to require a new file number, as being mutually exclusive or in conflict with the application under consideration unless such other application was substantially complete, and tendered for filing by: ( 1 ) The close of business on the day preceding the day designated by Public Notice as the day the listed application is to be available and ready for processing; ( 2 ) The date prescribed in § 73.3516(e) in the case of applications which are mutually exclusive with applications for renewal of license of broadcast stations; or ( 3 ) The close of business on the day designated by the FCC pursuant to § 73.3564(d) as the date(s) for filing low power TV or TV translator applications. ( c ) If a petition to deny the application has been filed in accordance with § 73.3584 and the FCC makes the grant in accordance with paragraph (a) of this section, the FCC will deny the petition and issue a concise statement setting forth the reasons for denial and disposing of all substantial issues raised by the petition. ( d ) Renewal applications filed after May 1, 1995 will be governed by the criteria established in 47 U.S.C. § 309(k) . [ 44 FR 38507 , July 2, 1979, as amended at 50 FR 47844 , Dec. 7, 1984; 59 FR 31557 , June 20, 1994; 61 FR 18291 , Apr. 25, 1996] § 73.3592 Conditional grant. ( a ) Where a grant of an application would preclude the grant of any application or applications mutually exclusive with it, the FCC may, if the public interest will be served thereby, make a conditional grant of one of the applications and designate all of the mutually exclusive applications for hearing. Such conditional grant will be made upon the express condition that such grant is subject to being withdrawn if, at the hearing, it is shown that public interest will be better served by a grant of one of the other applications. Such conditional grants will be issued only where it appears: ( 1 ) That some or all of the applications were not filed in good faith but were filed for the purpose of delaying or hindering the grant of another application; or ( 2 ) That public interest requires the prompt establishment of broadcast service in a particular community or area; or ( 3 ) That a grant of one or more applications would be in the public interest, and that a delay in making a grant to any applicant until after the conclusion of a hearing on all applications might jeopardize the rights of the United States under the provisions of international agreement to the use of the frequency in question; or ( 4 ) That a grant of one application would be in the public interest, and that it appears from an examination of the remaining applications that they cannot be granted because they are in violation of provisions of the Communications Act, other statutes, or the provisions of the FCC rules. ( b ) When two or more applications for the same AM, FM or TV assignment have been designated for hearing, the FCC may, if the public interest will be served thereby, make a conditional grant to a group composed of any two or more of the competing applicants, such grant to terminate when the successful applicant commences operation under the terms of a regular authorization. No conditional grant will be made unless all of the competing applicants have been afforded a reasonable opportunity to participate in the group seeking the conditional grant. In its application, the group shall include a special showing as to the need for the service pending operation by the successful applicant under the terms of a regular authorization; the effect, if any, of a grant on the position of any applicant which is not a member of the group; and any other factors which are deemed pertinent to the public interest judgment. [ 44 FR 38507 , July 2, 1979] § 73.3593 Designation for hearing. If the FCC is unable, in the case of any application for an instrument of authorization, to make the findings specified in § 73.3591(a) , it will formally designate the application for hearing on the grounds or reasons then obtaining and will forthwith notify the applicant and all known parties in interest of such action and the grounds and reasons therefor, specifying with particularity the matters and things in issue but not including issues or requirements phrased generally. If, however, the issue to be resolved is limited to the mutual exclusivity of applications for initial authorizations or for major changes to existing stations, that mutual exclusivity shall be resolved pursuant to competitive bidding procedures identified in subpart I (unreserved channels) or point system procedures identified in subpart K (reserved channels). [ 65 FR 36379 , June 8, 2000] § 73.3594 Local public notice of designation for hearing. ( a ) When an application subject to the provisions of § 73.3580 is designated for hearing, the applicant shall give notice of such designation as follows: ( 1 ) On-air announcement. The applicant (except an applicant filing an application for an International broadcast, low power TV, TV translator, FM translator, and FM booster station) shall broadcast an on-air announcement of the designation of an application for hearing over its radio or television station as follows: ( i ) Content. The on-air announcement shall be in the following form: On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. On [DATE], the Commission designated the application for an evidentiary hearing on certain issues. Members of the public wishing to view the Hearing Designation Order and list of issues can visit [URL OF INTERNET WEBSITE MAINTAINED BY THE STATION, THE LICENSEE/PERMITTEE, OR THE LICENSEE/PERMITTEE'S PARENT ENTITY, OR OTHER PUBLICLY ACCESSIBLE WEBSITE], and click the link in the “Hearing Designation Order” notice. Television broadcast stations (commercial and noncommercial educational), in presenting on-air announcements, must use visuals [with the full text of the on-air announcement] when this information is being orally presented by the announcer. ( ii ) Frequency of broadcast. The on-air announcements shall be broadcast a total of six (6) times, once per week for four consecutive weeks. ( iii ) Commencement of broadcast. The first broadcast of the on-air announcement shall occur no earlier than the date of release of the Hearing Designation Order, Order to Show Cause, or other order designating issues for hearing, and no later than the fifth business day following release of said order. ( iv ) Time of broadcast. The on-air announcements shall be broadcast between the hours of 7:00 a.m. and 11:00 p.m. local time at the applicant station's community of license, Monday through Friday. ( v ) Language of broadcast. A station broadcasting primarily in a foreign language shall broadcast the announcements in that language. ( 2 ) Online notice. The applicant shall also post an online notice of the designation of an application for hearing conspicuously on an internet website as follows: ( i ) Content. The online notice shall be in the following form: HEARING DESIGNATION ORDER On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. On [DATE], the Commission designated the application for an evidentiary hearing on the following issues: [LIST OF ISSUES IN THE HEARING AS LISTED IN THE FCC's ORDER OR SUMMARY OF DESIGNATION FOR HEARING]. Members of the public wishing to view the Hearing Designation Order or to file comments can visit [INSERT HYPERLINK TO THE HEARING DESIGNATION ORDER, ORDER TO SHOW CAUSE, OR OTHER ORDER DESIGNATING THE APPLICATION FOR HEARING, ON THE FCC's INTERNET WEBSITE]. ( ii ) Site. ( A ) The applicant shall post online notice by posting a conspicuous link or tab labeled “FCC Hearing” on an applicant-affiliated website, as defined in paragraph (a)(2) of this section. The link or tab will link directly to a page containing only the online notice text referenced in paragraph (b)(2)(i) of this section. The applicant shall post online notice on one of the following internet websites, to the extent such websites are maintained, in order of priority: ( 1 ) The applicant station's internet website; ( 2 ) The applicant's internet website; or ( 3 ) The applicant's parent entity's internet website. ( B ) If the applicant does not maintain an internet website for the station or itself, or if the applicant's parent entity does not maintain an internet website, the applicant shall post online notice on an internet website: ( 1 ) That is accessible to members of the public without registration or payment requirements, or any other requirement that the user provide information, or response to a survey or questionnaire in exchange for being able to access information on the website; and ( 2 ) That is locally targeted to the area served and/or to be served by the applicant station (e.g., local government internet website, local community bulletin board internet website, state broadcasters' association internet website). ( iii ) Commencement of posting. The online notice shall be posted no earlier than the date of release of the Hearing Designation Order, Order to Show Cause, or other order designating issues for hearing, and no later than the fifth business day following release of said order. ( iv ) Length of posting. The online notice must be posted for a minimum of 30 consecutive days. ( b ) Within seven (7) days of the last day of broadcast of the notice required by paragraph (a)(1) of this section, the applicant shall file a an original statement and one copy with the Secretary of the Commission setting forth the dates and times on which the on-air announcements were made, the date the online notice was first posted, and the Universal Resource Locator (URL) address of the internet website on which online notice is posted. ( c ) The failure to comply with the provisions of this section is cause for dismissal of an application with prejudice. However, upon a finding that applicant has complied (or proposes to comply) with the provisions of section 311(a)(2) of the Communications Act, and that the public interest, convenience, and necessity will be served thereby, the presiding officer may authorize an applicant, upon a showing of special circumstances, to give notice in a manner other than that prescribed by this section; may accept notice that is given in a manner which does not conform strictly in all respects with the provisions of this section; or may extend the time for giving notice. [ 85 FR 36797 , June 18, 2020] § 73.3597 Procedures on transfer and assignment applications. ( a ) If, upon the examination of an application for FCC consent to an assignment of a broadcast construction permit or license or for a transfer of control of a corporate permittee or licensee, it appears that the station involved has been operated on-air by the current licensee or permittee for less than one year, the application will be designated for hearing on appropriate issues unless the FCC is able to find that: ( 1 ) The permit or license was not authorized either through the Minority Ownership Policy or after a comparative hearing or, in the case of low power TV and TV translator stations, the permit or license was not authorized after a lottery in which the permittee or licensee benefited from minority or diversity preferences; ( 2 ) The application involves an FM translator station or FM booster station only; ( 3 ) The application involves a pro forma assignment or transfer of control; or ( 4 ) The assignor or transferor has made an affirmative factual showing, supported by affidavits of a person or persons with personal knowledge thereof, which establishes that, due to unavailability of capital, to death or disability of station principals, or to other changed circumstances affecting the licensee or permittee occurring subsequent to the acquisition of the license or permit, FCC consent to the proposed assignment or transfer of control will serve the public interest, convenience and necessity. ( 5 ) the assignee or transferee has made an affirmative factual showing, supported by affidavits of a person or persons with personal knowledge thereof, which established that the proposed transaction would involve an assignment or transfer to a minority-owned or minority controlled entity in furtherance of our Minority Ownership Policy. ( b ) ( 1 ) The commencement date of the one-year period set forth in paragraph (a) of this section shall be the date on which the station initiated program tests in accordance with § 73.1620 or § 74.14 . ( 2 ) In determining whether the station has been operating on-air for one year, the FCC will calculate the period between the date of initiation of program tests (as specified in paragraph (b)(1) of this section) and the date the application for transfer or assignment is tendered for filing with the FCC. ( c ) ( 1 ) As used in paragraphs (c) and (d) of this section: ( i ) Unbuilt station refers to an AM, FM, or TV broadcast station or a low power TV or TV translator station for which a construction permit is outstanding, and, regardless of the stage of physical completion, as to which program tests have not commenced or, if required, been authorized. ( ii ) Seller includes the assignor(s) of a construction permit for an unbuilt station, the transferor(s) of control of the holder of such construction permit, and any principal or such assignor(s) or transferor(s) who retains an interest in the permittee or acquires or reacquires such interest within 1 year after commencing program tests. ( iii ) The provisions of paragraphs (c) and (d) of this section apply only to mutually exclusive noncommercial educational applications filed on or after the release of the Report and Order in MM Docket 98-43, where the construction permit is issued pursuant to settlement agreement. ( 2 ) The FCC will not consent to the assignment or transfer of control of the construction permit of an unbuilt station if the agreements or understandings between the parties provide for, or permit, payment to the seller of a sum in excess of the aggregate amount clearly shown to have been legitimately and prudently expended and to be expended by the seller, solely for preparing, filing, and advocating the grant of the construction permit for the station, and for other steps reasonably necessary toward placing the station in operation. ( 3 ) ( i ) Applications for consent to the assignment of a construction permit or transfer of control shall, in the case of unbuilt stations, be accompanied by declarations both by the assignor (or transferor) and by the assignee (or transferee) that, except as clearly disclosed in detail in the applications, there are no agreements or understandings for reimbursement of the seller's expenses or other payments to the seller, for the seller's retention of any interest in the station, for options or any other means by which the seller may acquire such an interest, or for any other actual or potential benefit to the seller in the form of loans, the subsequent repurchase of the seller's retained interest, or otherwise. ( ii ) When the seller is to receive reimbursement of his expenses, the applications of the parties shall include an itemized accounting of such expenses, together with such factual information as the parties rely upon for the requisite showing that those expenses represent legitimate and prudent outlays made solely for the purposes allowable under paragraph (c)(2) of this section. ( d ) ( 1 ) Whenever an agreement for the assignment of the construction permit of an unbuilt station or for the transfer of control of the permittee of an unbuilt station, or any arrangement or understanding incidental thereto, provides for the retention by the seller of any interest in the station, or for any other actual or potential benefit to the seller in the form of loans or otherwise, the question is raised as to whether the transaction involves actual or potential gain to the seller over and above the legitimate and prudent out-of-pocket expenses allowable under paragraph (c)(2) of this section. In such cases the FCC will designate the assignment or transfer applications for evidentiary hearing. However, a hearing is not mandatory in cases coming within paragraph (d)(2) of this section. ( 2 ) It is not intended to forbid the seller to retain an equity interest in an unbuilt station which he is transferring or assigning if the seller obligates himself, for the period ending 1 year after commencing program tests, to provide that part of the total capital made available to the station, up to the end of that period, which is proportionate to the seller's equity share in the permittee, taking into account equity capital, loan capital, and guarantees of interest and amortization payments for loan capital provided by the seller before the transfer or assignment. This condition will be satisfied: ( i ) In the case of equity capital: By paid-in cash capital contributions proportionate to the seller's equity share; ( ii ) In cases where any person who has an equity interest in the permittee provides loan capital: By the seller's provision of that part of the total loan capital provided by equity holders which is proportionate to the seller's equity share; and ( iii ) In cases where any person cosigns or otherwise guarantees payments under notes given for loan capital provided by nonequity holders: By similar guarantees by the seller covering that part of such payments as is proportionate to the seller's equity share. However, this condition shall not be deemed to be met if the guarantees given by persons other than the seller cover, individually or collectively, a larger portion of such payments than the ratio of the combined equities of persons other than the seller to the total equity. ( 3 ) In cases which are subject to the requirements of paragraphs (d)(2) (i) , (ii) and (iii) of this section: ( i ) The assignee's (or transferee's) application shall include a showing of the anticipated capital needs of the station through the first year of its operation and the seller's financial capacity to comply with the above requirements, in the light of such anticipated capital needs. ( ii ) The FCC will determine from its review of the applications whether a hearing is necessary to ensure compliance with the above requirements. ( iii ) Compliance with the above requirements will be subject to review by the FCC at any time, either when considering subsequently filed applications or whenever the FCC may otherwise find it desirable. ( iv ) Within 30 days after any time when a seller is required to provide equity or loan capital or execute guarantees, the permittee shall furnish the FCC a written report containing sufficient details as to the sources and amounts of equity capital paid in, loan capital made available, or guarantees obtained as to enable the FCC to ascertain compliance with the above requirements. ( v ) No steps shall be taken by the permittee to effectuate arrangements for the provision of equity or loan capital from sources not previously identified and disclosed to the FCC, until 30 days after the permittee has filed with the FCC a report of such arrangements and of provisions made for the seller's compliance with the above requirement. ( vi ) The provisions of paragraphs (d)(3) (iv) and (v) of this section shall cease to apply 1 year after commencing program tests. ( 4 ) Applications subject to this paragraph (d) of this section will, in any event, be designated for evidentiary hearing in any case where the agreements, arrangements or understandings with the seller provide for the seller's option to acquire equity in the station or to increase equity interests he retains at the time of the assignment or transfer of control. An evidentiary hearing will similarly be held in any case in which the assignee(s), transferee(s) or any of their principals, or any person in privity therewith, has an option to purchase all or part of the seller's retained or subsequently acquired equity interests in the station. [ 44 FR 38509 , July 2, 1979, as amended at 47 FR 24580 , June 7, 1982; 47 FR 55930 , Dec. 14, 1982; 48 FR 9012 , Mar. 3, 1983; 48 FR 27207 , June 13, 1983; 50 FR 6946 , Feb. 19, 1985; 53 FR 36787 , Sept. 22, 1988; 63 FR 70050 , Dec. 18, 1998] § 73.3598 Period of construction. ( a ) Except as provided in the last two sentences of this paragraph (a) , each original construction permit for the construction of a new TV, AM, FM or International Broadcast; low power TV; low power FM; TV translator; FM translator; or FM booster station, or to make changes in such existing stations, shall specify a period of three years from the date of issuance of the original construction permit within which construction shall be completed and application for license filed. An eligible entity that acquires an issued and outstanding construction permit for a station in any of the services listed in this paragraph (a) shall have the time remaining on the construction permit or eighteen months from the consummation of the assignment or transfer of control, whichever is longer, within which to complete construction and file an application for license. For purposes of the preceding sentence, an “eligible entity” shall include any entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping, as set forth in 13 CFR parts 121 through 201 , at the time the transaction is approved by the FCC, and holds: ( 1 ) 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will hold the construction permit; or ( 2 ) 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will hold the construction permit, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or ( 3 ) More than 50 percent of the voting power of the corporation that will hold the construction permit if such corporation is a publicly traded company. ( b ) The period of construction for an original construction permit shall toll when construction is prevented by the following causes not under the control of the permittee: ( 1 ) Construction is prevented due to an act of God, defined in terms of natural disasters (e.g., floods, tornados, hurricanes, or earthquakes); ( 2 ) The grant of the permit is the subject of administrative or judicial review ( i.e. , petitions for reconsideration and applications for review of the grant of a construction permit pending before the Commission and any judicial appeal of any Commission action thereon), or construction is delayed by any cause of action pending before any court of competent jurisdiction relating to any necessary local, state or federal requirement for the construction or operation of the station, including any zoning or environmental requirement; ( 3 ) [Reserved] ( 4 ) A request for international coordination, with respect to a construction permit for stations in the Low Power FM service, on FM channels reserved for noncommercial educational use, and for noncommercial educational full power television stations, has been sent to Canada or Mexico on behalf of the station and no response from the country affected has been received; or ( 5 ) Failure of a Commission-imposed condition precedent prior to commencement of operation. ( c ) A permittee must notify the Commission as promptly as possible and, in any event, within 30 days, of any pertinent event covered by paragraph (b) of this section, and provide supporting documentation. All notifications must be filed in LMS and must be placed in the station's local public file. For authorizations to construct stations in the Low Power FM service, on FM channels reserved for noncommercial educational use, and for noncommercial educational full power television stations, the Commission will identify and grant an initial period of tolling when the grant of a construction permit is encumbered by administrative or judicial review under the Commission's direct purview (e.g., petitions for reconsideration and applications for review of the grant of a construction permit pending before the Commission and any judicial appeal of any Commission action thereon), a request for international coordination under paragraph (b)(4) of this section, or failure of a condition under paragraph (b)(5) of this section. When a permit is encumbered by administrative or judicial review outside of the Commission's direct purview (e.g., local, state, or non-FCC Federal requirements), the permittee is required to notify the Commission of such tolling events. ( d ) A permittee must notify the Commission promptly when a relevant administrative or judicial review is resolved. Tolling resulting from an act of God will automatically cease six months from the date of the notification described in paragraph (c) of this section, unless the permittee submits additional notifications at six-month intervals detailing how the act of God continues to cause delays in construction, any construction progress, and the steps it has taken and proposes to take to resolve any remaining impediments. For authorizations to construct stations in the Low Power FM service, on FM channels reserved for noncommercial educational use, and for noncommercial educational full power television stations, the Commission will cease the tolling treatment and notify the permittee upon resolution of either: ( 1 ) Any encumbrance by administrative or judicial review of the grant of the construction permit under the Commission's direct purview; ( 2 ) The request for international coordination under paragraph (b)(4) of this section; or ( 3 ) The condition on the commencement of operations under paragraph (b)(5) of this section. ( e ) Any construction permit for which construction has not been completed and for which an application for license has not been filed, shall be automatically forfeited upon expiration without any further affirmative cancellation by the Commission. [ 63 FR 70050 , Dec. 18, 1998, as amended at 65 FR 7648 , Feb. 15, 2000; 68 FR 12761 , Mar. 17, 2003; 69 FR 53352 , Sept. 1, 2004; 73 FR 5684 , Jan. 30, 2008; 73 FR 28369 , May 16, 2008; 74 FR 8879 , Feb. 27, 2009; 85 FR 7890 , Feb. 12, 2020; 89 FR 7261 , Feb. 1, 2024] § 73.3601 Simultaneous modification and renewal of license. When an application is granted by the FCC necessitating the issuance of a modified license less than 60 days prior to the expiration date of the license sought to be modified, and an application for renewal of the license is granted subsequent or prior thereto (but within 30 days of expiration of the present license), the modified license as well as the renewal license shall be issued to conform to the combined action of the FCC. [ 44 FR 38511 , July 2, 1979] § 73.3603 Special waiver procedure relative to applications. ( a ) In the case of any broadcast applications designated for hearing, the parties may request the FCC to grant or deny an application upon the basis of the information contained in the applications and other papers specified in paragraph (b) of this section without the presentation of oral testimony. Any party desiring to follow this procedure should execute and file with the FCC a waiver in accordance with paragraph (e) of this section, and serve copies on all other parties, or a joint waiver may be filed by all the parties. Upon the receipt of waivers from all parties to a proceeding, the FCC will decide whether the case is an appropriate one for determination without the presentation of oral testimony. If it is determined by the FCC that, notwithstanding the waivers, the presentation of oral testimony is necessary, the parties will be so notified and the case will be retained on the hearing docket. If the FCC concludes that the case can appropriately be decided without the presentation of oral testimony, the record will be considered as closed as of the date the waivers of all the parties were first on file with the FCC. ( b ) In all cases considered in accordance with this procedure, the FCC will decide the case on the basis of the information contained in the applications and in any other papers pertaining to the applicants or applications which are open to public inspection and which were on file with the FCC when the record was closed. The FCC may call upon any party to furnish any additional information which the FCC deems necessary to a proper decision. Such information shall be served upon all parties. The waiver previously executed by the parties shall be considered in effect unless within 10 days of the service of such information the waiver is withdrawn. ( c ) Any decision by the FCC rendered pursuant to this section will be in the nature of a final decision, unless otherwise ordered by the FCC. ( d ) By agreeing to the waiver procedure prescribed in this section, no party shall be deemed to waive the right to petition for reconsideration or rehearing, or to appeal to the courts from any adverse final decision of the FCC. ( e ) The waiver provided for by this section shall be in the following form: Waiver Name of applicant Call letters Docket No. The undersigned hereby requests the FCC to consider its application and grant or deny it in accordance with the procedure prescribed in § 73.3603 of the FCC's rules and regulations. It is understood that all the terms and provisions of ____ are incorporated in this waiver. [ 44 FR 38511 , July 2, 1979] § 73.3605 Retention of applications in hearing status after designation for hearing. ( a ) After an application for a broadcast facility is designated for hearing, it will be retained in hearing status upon the dismissal or amendment and removal from hearing of any other application or applications with which it has been consolidated for hearing. ( b ) Where any applicants for a broadcast facility file a request pursuant to § 73.3525(a) for approval of an agreement to remove a conflict between their applications, the applications will be retained in hearing status pending such proceedings on the joint request as may be ordered and such action thereon as may be taken. ( 1 ) If further hearing is not required on issues other than those arising out of the agreement, the proceeding shall be terminated and appropriate disposition shall be made of the applications. ( 2 ) Where further hearing is required on issues unrelated to the agreement, the presiding officer shall continue to conduct the hearing on such other issues pending final action on the agreement, but the record in the proceeding shall not be closed until such final action on the agreement has been taken. ( 3 ) In any case where a conflict between applications will be removed by an agreement for an engineering amendment to an application, the amended application shall be removed from hearing status upon final approval of the agreement and acceptance of the amendment. ( c ) An application for a broadcast facility which has been designated for hearing and which is amended so as to eliminate the need for hearing or further hearing on the issues specified, other than as provided for in paragraph (b) of this section, will be removed from hearing status. [ 44 FR 38511 , July 2, 1979] § 73.3612 Annual employment report. Each licensee or permittee of a commercially or noncommercially operated AM, FM, TV, Class A TV or International Broadcast station with five or more full-time employees shall file an annual employment report with the FCC on or before September 30 of each year on FCC Form 395-B. Data concerning the gender, race and ethnicity of a broadcast station's workforce collected in the annual employment report will be used only for purposes of analyzing industry trends and making reports to Congress. Such data will not be used for the purpose of assessing any aspect of an individual broadcast licensee's or permittee's compliance with the nondiscrimination or equal employment opportunity requirements of § 73.2080 . Compliance with this section will not be required until this sentence is removed or contains a compliance date, which will not occur until after the Office of Management and Budget completes review of any information collection requirements pursuant to the Paperwork Reduction Act or until after the Office of Management and Budget determines that such review is not required. [ 89 FR 36718 , May 3, 2024] § 73.3613 Availability to FCC of station contracts. Each licensee or permittee of a commercial or noncommercial AM, FM, TV or International broadcast station shall provide the FCC with copies of the following contracts, instruments, and documents together with amendments, supplements, and cancellations (with the substance of oral contracts reported in writing), within 7 days of a request by the FCC. ( a ) Network service: Network affiliation contracts between stations and networks will be reduced to writing and filed upon request as follows: ( 1 ) All network affiliation contracts, agreements, or understandings between a TV broadcast or low power TV station and a national network. For the purposes of this paragraph the term network means any person, entity, or corporation which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more states; and/or any person, entity, or corporation controlling, controlled by, or under common control with such person, entity, or corporation. ( 2 ) Each such filing shall consist of all of the terms and conditions of such contract, agreement or understanding, including any other paper or document incorporated by reference or otherwise. ( b ) Ownership or control: Contracts, instruments or documents relating to the present or future ownership or control of the licensee or permittee or of the licensee's or permittee's stock, rights or interests therein, or relating to changes in such ownership or control shall include but are not limited to the following: ( 1 ) Articles of partnership, association, and incorporation, and changes in such instruments; ( 2 ) Bylaws, and any instruments effecting changes in such bylaws; ( 3 ) Any agreement, document or instrument providing for the assignment of a license or permit, or affecting, directly or indirectly, the ownership or voting rights of the licensee's or permittee's stock (common or preferred, voting or nonvoting), such as: ( i ) Agreements for transfer of stock; ( ii ) Instruments for the issuance of new stock; or ( iii ) Agreements for the acquisition of licensee's or permittee's stock by the issuing licensee or permittee corporation, pledges, trust agreements or abstracts thereof, options to purchase stock and other executory agreements. Should the FCC request an abstract of the trust agreement in lieu of the trust agreement, the licensee or permittee will submit the following information concerning the trust: ( A ) Name of trust; ( B ) Duration of trust; ( C ) Number of shares of stock owned; ( D ) Name of beneficial owner of stock; ( E ) Name of record owner of stock; ( F ) Name of the party or parties who have the power to vote or control the vote of the shares; and ( G ) Any conditions on the powers of voting the stock or any unusual characteristics of the trust. ( 4 ) Proxies with respect to the licensee's or permittee's stock running for a period in excess of 1 year, and all proxies, whether or not running for a period of 1 year, given without full and detailed instructions binding the nominee to act in a specified manner. With respect to proxies given without full and detailed instructions, a statement showing the number of such proxies, by whom given and received, and the percentage of outstanding stock represented by each proxy shall be submitted by the licensee or permittee if the stock covered by such proxies has been voted. However, when the licensee or permittee is a corporation having more than 50 stockholders, such complete information need be filed only with respect to proxies given by stockholders who are officers or directors, or who have 1% or more of the corporation's voting stock. When the licensee or permittee is a corporation having more than 50 stockholders and the stockholders giving the proxies are not officers or directors or do not hold 1% or more of the corporation's stock, the only information required to be filed is the name of any person voting 1% or more of the stock by proxy, the number of shares voted by proxy by such person, and the total number of shares voted at the particular stockholders' meeting in which the shares were voted by proxy. ( 5 ) Mortgage or loan agreements containing provisions restricting the licensee's or permittee's freedom of operation, such as those affecting voting rights, specifying or limiting the amount of dividends payable, the purchase of new equipment, or the maintenance of current assets. ( 6 ) Any agreement reflecting a change in the officers, directors or stockholders of a corporation, other than the licensee or permittee, having an interest, direct or indirect, in the licensee or permittee as specified by § 73.3615 . ( 7 ) Agreements providing for the assignment of a license or permit or agreements for the transfer of stock filed in accordance with FCC application Forms 314, 315, 316 need not be resubmitted pursuant to the terms of this rule provision. ( c ) Personnel: ( 1 ) Management consultant agreements with independent contractors; contracts relating to the utilization in a management capacity of any person other than an officer, director, or regular employee of the licensee or permittee; station management contracts with any persons, whether or not officers, directors, or regular employees, which provide for both a percentage of profits and a sharing in losses; or any similar agreements. ( 2 ) The following contracts, agreements, or understandings need not be filed: Agreements with persons regularly employed as general or station managers or salesmen; contracts with program managers or program personnel; contracts with attorneys, accountants or consulting radio engineers; contracts with performers; contracts with station representatives; contracts with labor unions; or any similar agreements. ( d ) Other agreements: Subchannel leasing agreements for Subsidiary Communications Authorization operation; franchise/leasing agreements for operation of telecommunications services on the television vertical blanking interval and in the visual signal; time sales contracts with the same sponsor for 4 or more hours per day, except where the length of the events (such as athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators or other engineering personnel. [ 44 FR 38512 , July 2, 1979, as amended at 47 FR 21496 , May 18, 1982; 50 FR 4664 , Feb. 1, 1985; 50 FR 30951 , July 31, 1985; 51 FR 9966 , Mar. 24, 1986; 51 FR 15785 , Apr. 28, 1986; 57 FR 18093 , Apr. 29, 1992; 57 FR 42706 , Sept. 16, 1992; 61 FR 36305 , July 10, 1996; 63 FR 70050 , Dec. 18, 1998; 64 FR 50646 , Sept. 17, 1999; 66 FR 9972 , Feb. 13, 2001; 68 FR 46358 , Aug. 5, 2003; 79 FR 29006 , May 20, 2014; 83 FR 757 , Jan. 8, 2018; 83 FR 85558 , Dec. 21, 2018] § 73.3615 Ownership reports. ( a ) The Ownership Report for Commercial Broadcast Stations (FCC Form 323) must be filed electronically every two years by each licensee of a commercial AM, FM, or TV broadcast station and any entity that holds an interest in the licensee that is attributable pursuant to § 73.3555 (each a “Respondent”). The ownership report shall be filed by December 1 in all odd-numbered years. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323 (including all instructions for the form and schedule) that is current on October 1 of the year in which the ownership report is filed. The information provided on each ownership report shall be current as of October 1 of the year in which the ownership report is filed. A Respondent with a current and unamended biennial ownership report ( i.e., an ownership report that was filed pursuant to this subsection) on file with the Commission that is still accurate and which was filed using the version of FCC Form 323 that is current on October 1 of the year in which its biennial ownership report is due may electronically validate and resubmit its previously filed biennial ownership report. ( b ) ( 1 ) Each permittee of a commercial AM, FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to § 73.3555 (each a “Respondent”) shall file an ownership report on FCC Form 323 within 30 days of the date of grant by the FCC of an application by the permittee for original construction permit. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323 (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. ( 2 ) Except as specifically noted below, each permittee of a commercial AM, FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to § 73.3555 (each a “Respondent”) shall file an ownership report on FCC Form 323 on the date that the permittee applies for a station license. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323 (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. If a Respondent has a current and unamended ownership report on file with the Commission that was filed pursuant to paragraphs (b)(1) or (c) of this section, was submitted using the version of FCC Form 323 that is current on the date on which the ownership report due pursuant to paragraph(b)(2) is filed, and is still accurate, the Respondent may certify that it has reviewed such ownership report and that it is accurate, in lieu of filing a new ownership report. ( c ) Each permittee or licensee of a commercial AM, FM or TV broadcast station and any entity that holds an interest in the permittee or licensee that is attributable pursuant to § 73.3555 (each a “Respondent”), shall file an ownership report on FCC Form 323 within 30 days of consummating authorized assignments or transfers of permits and licenses. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323 (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. ( d ) The Ownership Report for Noncommercial Broadcast Stations (FCC Form 323-E) must be filed electronically every two years by each licensee of a noncommercial educational AM, FM or TV broadcast station and any entity that holds an interest in the licensee that is attributable pursuant to § 73.3555 (each a “Respondent”). The ownership report shall be filed by December 1 in all odd-numbered years. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323-E (including all instructions for the form and schedule) that is current on October 1 of the year in which the ownership report is filed. The information provided on each ownership report shall be current as of October 1 of the year in which the ownership report is filed. A Respondent with a current and unamended biennial ownership report ( i.e., an ownership report that was filed pursuant to this subsection) on file with the Commission that is still accurate and which was filed using the version of FCC Form 323-E that is current on October 1 of the year in which its biennial ownership report is due may electronically validate and resubmit its previously filed biennial ownership report. ( e ) ( 1 ) Each permittee of a noncommercial educational AM, FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to § 73.3555 (each a “Respondent”) shall file an ownership report on FCC Form 323-E within 30 days of the date of grant by the FCC of an application by the permittee for original construction permit. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323-E (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. ( 2 ) Except as specifically noted below, each permittee of a noncommercial educational AM, FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to § 73.3555 (each a “Respondent”) shall file an ownership report on FCC Form 323-E on the date that the permittee applies for a station license. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323-E (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. If a Respondent has a current and unamended ownership report on file with the Commission that was filed pursuant to paragraphs (e)(1) or (f) of this section, was submitted using the version of FCC Form 323-E that is current on the date on which the ownership report due pursuant to this subsection is filed, and is still accurate, the Respondent may certify that it has reviewed such ownership report and that it is accurate, in lieu of filing a new ownership report. ( f ) Each permittee or licensee of a noncommercial educational AM, FM or TV broadcast station, and any entity that holds an interest in the permittee or licensee that is attributable pursuant to § 73.3555 (each a “Respondent”), shall file an ownership report on FCC Form 323-E within 30 days of consummating authorized assignments or transfers of permits and licenses. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323-E (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. ( g ) A copy of all ownership and supplemental ownership reports and related materials filed pursuant to this section shall be maintained and made available for public inspection in the online public inspection file as required by §§ 73.3526 and 73.3527 . [ 44 FR 38513 , July 2, 1979, as amended at 49 FR 19498 , May 8, 1984; 50 FR 27450 , July 3, 1985; 50 FR 40016 , Oct. 1, 1985; 53 FR 2499 , Jan. 28, 1988; 53 FR 5684 , Feb. 25, 1988; 63 FR 70050 , Dec. 18, 1998; 66 FR 9973 , Feb. 13, 2001; 66 FR 12897 , Mar. 1, 2001; 74 FR 25168 , May 27, 2009; 74 FR 56134 , Oct. 30, 2009; 81 FR 19459 , Apr. 4, 2016; 82 FR 55771 , Nov. 24, 2017; 85 FR 21078 , Apr. 16, 2020] § 73.3617 Information available on the internet. The Media Bureau and each of its Divisions provide information on the internet regarding rules and policies, pending and completed rulemakings, and pending applications. These sites also include copies of public notices and texts of recent decisions. The Media Bureau's address is http://www.fcc.gov/mb/ ; the Audio Division's address is http://www.fcc.gov/mb/audio ; the Video Division's address is http://www.fcc.gov/mb/video ; the Policy Division's address is http://www.fcc.gov/mb/policy ; and the Industry Analysis Division's address is http://www.fcc.gov/mb/industry_analysis . [ 85 FR 58297 , Sept. 18, 2020] § 73.3700 Post-incentive auction licensing and operation. ( a ) Definitions — ( 1 ) Broadcast television station. For purposes of this section, broadcast television station means full power television stations and Class A television stations. ( 2 ) Channel reassignment public notice. For purposes of this section, Channel Reassignment Public Notice means the public notice released upon the completion of the broadcast television spectrum incentive auction conducted under section 6403 of the Spectrum Act specifying the new channel assignments and technical parameters of any broadcast television stations that are reassigned to new channels. Incentive Auction Closing and Channel Reassignment Public Notice: The Broadcast Television Incentive Auction Closes; Reverse Auction and Forward Auction Results Announced; Final Television Band Channel Assignments Announced; Post-Auction Deadlines Announced, GN Docket No. 12-268, Public Notice, 32 FCC Rcd 2786 (WTB/MB 2017). ( 3 ) Channel sharee station. For purposes of this section, channel sharee station means a broadcast television station for which a winning channel sharing bid, as defined in § 1.2200(d) of this chapter , was submitted, or a broadcast television station for which a winning license relinquishment bid, as defined in § 1.2200(g) of this chapter , was submitted where the station licensee executes and implements a post-auction channel sharing agreement. ( 4 ) Channel sharer station. For purposes of this section, channel sharer station means a broadcast television station that shares its television channel with a channel sharee. ( 5 ) Channel sharing agreement ( CSA). For purposes of this section, channel sharing agreement or CSA means an executed agreement between the licensee of a channel sharee station or stations and the licensee of a channel sharer station governing the use of the shared television channel. ( 6 ) - ( 7 ) [Reserved] ( 8 ) MVPD. For purposes of this section, MVPD means a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming as set forth in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 ). ( 9 ) Pre-auction channel. For purposes of this section, pre-auction channel means the channel that is licensed to a broadcast television station on the date that the Channel Reassignment Public Notice is released. ( 10 ) Predetermined cost estimate. For purposes of this section, predetermined cost estimate means the estimated cost of an eligible expense as generally determined by the Media Bureau in a catalog of expenses eligible for reimbursement. ( 11 ) Post-auction channel. For purposes of this section, post-auction channel means the channel specified in the Channel Reassignment Public Notice or a channel authorized by the Media Bureau in a construction permit issued after the date that the Channel Reassignment Public Notice is released under the procedures set forth in paragraph (b) of this section. ( 12 ) Reassigned station. For purposes of this section, a reassigned station means a broadcast television station that is reassigned to a new channel in the Channel Reassignment Public Notice, not including channel sharing stations, UHF-to-VHF stations, or High-VHF-to-Low-VHF stations. ( 13 ) Reimbursement period. For purposes of this section, reimbursement period means the period ending three years after the completion of the forward auction pursuant to section 6403(b)(4)(D) of the Spectrum Act. ( 14 ) Spectrum Act. The term Spectrum Act means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ). ( 15 ) Transitioning station. For purposes of this section, a transitioning station means a: ( i ) Reassigned station, ( ii ) UHF-to-VHF station, ( iii ) High-VHF-to-Low-VHF station, ( iv ) License relinquishment station, or ( v ) A channel sharee or sharer station. ( 16 ) TV broadcaster relocation fund. For purposes of this section, the TV Broadcaster Relocation Fund means the fund established by section 6403(d)(1) of the Spectrum Act. ( b ) Post-auction licensing — ( 1 ) - ( 4 ) [Reserved] ( 5 ) Applications for additional time to complete construction — ( i ) Delegation of authority. Authority is delegated to the Chief, Media Bureau to grant a single extension of time of up to six months to licensees of reassigned stations, UHF-to-VHF stations, and High-VHF-to-Low-VHF stations to complete construction of their post-auction channel upon demonstration by the licensee that failure to meet the construction deadline is due to circumstances that are either unforeseeable or beyond the licensee's control. Licensees needing additional time beyond such a single extension of time to complete construction shall be subject to the tolling provisions in § 73.3598 . ( ii ) Circumstances that may justify an extension of the construction deadline of a licensee of a reassigned station, a UHF-to-VHF station, or a High-VHF-to-Low-VHF station include but are not limited to: ( A ) Weather-related delays, including a tower location in a weather-sensitive area; ( B ) Delays in construction due to the unavailability of equipment or a tower crew; ( C ) Tower lease disputes; ( D ) Unusual technical challenges, such as the need to construct a top-mounted or side-mounted antenna or the need to coordinate channel changes with another station; and ( E ) Delays faced by licensees that must obtain government approvals, such as land use or zoning approvals, or that are subject to competitive bidding requirements prior to purchasing equipment or services. ( iii ) A licensee of a reassigned station, UHF-to-VHF station, or High-VHF-to-Low-VHF station may rely on “financial hardship” as a criterion for seeking an extension of time if it is subject to an active bankruptcy or receivership proceeding, provided that the licensee makes an adequate showing that it has filed requests to proceed with construction in the relevant court proceedings. Any other licensee that seeks an extension of time based on financial hardship must demonstrate that, although it is not subject to an active bankruptcy or receivership proceeding, rare and exceptional financial circumstances warrant granting additional time to complete construction. ( iv ) Applications for additional time to complete construction must be filed electronically in CDBS using FCC Form 337 no less than 90 days before the expiration of the construction permit. ( c ) Consumer education for transitioning stations. ( 1 ) License relinquishment stations that operate on a commercial basis will be required to air at least one Public Service Announcement (PSA) and run at least one crawl in every quarter of every day for 30 days prior to the date that the station terminates operations on its pre-auction channel. One of the required PSAs and one of the required crawls must be run during prime time hours (for purposes of this section, between 8:00 p.m. and 11:00 p.m. in the Eastern and Pacific time zones, and between 7:00 p.m. and 10:00 p.m. in the Mountain and Central time zones) each day. ( 2 ) Noncommercial educational full power television license relinquishment stations may choose to comply with these requirements in paragraph (c)(1) of this section or may air 60 seconds per day of on-air consumer education PSAs for 30 days prior to the station's termination of operations on its pre-auction channel. ( 3 ) Transitioning stations, except for license relinquishment stations, must air 60 seconds per day of on-air consumer education PSAs or crawls for 30 days prior to the station's termination of operations on its pre-auction channel. ( 4 ) Transition crawls. ( i ) Each crawl must run during programming for no less than 60 consecutive seconds across the bottom or top of the viewing area and be provided in the same language as a majority of the programming carried by the transitioning station. ( ii ) Each crawl must include the date that the station will terminate operations on its pre-auction channel; inform viewers of the need to rescan if the station has received a new post-auction channel assignment; and explain how viewers may obtain more information by telephone or online. ( 5 ) Transition PSAs. ( i ) Each PSA must have a duration of at least 15 seconds. ( ii ) Each PSA must be provided in the same language as a majority of the programming carried by the transitioning station; include the date that the station will terminate operations on its pre-auction channel; inform viewers of the need to rescan if the station has received a new post-auction channel assignment; explain how viewers may obtain more information by telephone or online; and for stations with new post-auction channel assignments, provide instructions to both over-the-air and MVPD viewers regarding how to continue watching the television station; and be closed-captioned. ( 6 ) [Reserved] ( d ) [Reserved] ( e ) Reimbursement rules — ( 1 ) Entities eligible for reimbursement. The Commission will reimburse relocation costs reasonably incurred only by: ( i ) The licensees of full power and Class A broadcast television stations that are reassigned under section 6403(b)(1)(B)(i) of the Spectrum Act, including channel sharer stations that are reassigned to a new channel in the Channel Reassignment Public Notice; and ( ii ) MVPDs in order to continue to carry the signal of a full power or Class A broadcast television station that is: ( A ) Described in paragraph (e)(1)(i) of this section; ( B ) A UHF-to-VHF station; ( C ) A High-VHF-to-Low-VHF station; or ( D ) A channel sharee station. ( 2 ) Estimated costs. ( i ) No later than three months following the release of the Channel Reassignment Public Notice, all broadcast television station licensees and MVPDs that are eligible to receive payment of relocation costs will be required to file an estimated cost form providing an estimate of their reasonably incurred relocation costs. ( ii ) Each broadcast television station licensee and MVPD that submits an estimated cost form will be required to certify, inter alia, that: ( A ) It believes in good faith that it will reasonably incur all of the estimated costs that it claims as eligible for reimbursement on the estimated cost form; ( B ) It will use all money received from the TV Broadcaster Relocation Fund only for expenses it believes in good faith are eligible for reimbursement; ( C ) It will comply with all policies and procedures relating to allocations, draw downs, payments, obligations, and expenditures of money from the TV Broadcaster Relocation Fund; ( D ) It will maintain detailed records, including receipts, of all costs eligible for reimbursement actually incurred; and ( E ) It will file all required documentation of its relocation expenses as instructed by the Media Bureau. ( iii ) If a broadcast television station licensee or MVPD seeks reimbursement for new equipment, it must provide a justification as to why it is reasonable under the circumstances to purchase new equipment rather than modify its corresponding current equipment in order to change channels or to continue to carry the signal of a broadcast television station that changes channels. ( iv ) Entities that submit their own cost estimates, as opposed to the predetermined cost estimates provided in the estimated cost form, must submit supporting evidence and certify that the estimate is made in good faith. ( 3 ) Final Allocation Deadline. ( i ) Upon completing construction or other reimbursable changes, or by a specific deadline prior to the end of the Reimbursement Period to be established by the Media Bureau, whichever is earlier, all broadcast television station licensees and MVPDs that received an initial allocation from the TV Broadcaster Relocation Fund must provide the Commission with information and documentation, including invoices and receipts, regarding their actual expenses incurred as of a date to be determined by the Media Bureau (the “Final Allocation Deadline”). ( ii ) If a broadcast television station licensee or MVPD has not yet completed construction or other reimbursable changes by the Final Allocation Deadline, it must provide the Commission with information and documentation regarding any remaining eligible expenses that it expects to reasonably incur. ( 4 ) Final accounting. After completing all construction or reimbursable changes, broadcast television station licensees and MVPDs that have received money from the TV Broadcaster Relocation Fund will be required to submit final expense documentation containing a list of estimated expenses and actual expenses as of a date to be determined by the Media Bureau. Entities that have finished construction and have submitted all actual expense documentation by the Final Allocation Deadline will not be required to file at the final accounting stage. ( 5 ) Progress reports. Broadcast television station licensees and MVPDs that receive payment from the TV Broadcaster Relocation Fund are required to submit progress reports at a date and frequency to be determined by the Media Bureau. ( 6 ) Documentation requirements. ( i ) Each broadcast television station licensee and MVPD that receives payment from the TV Broadcaster Relocation Fund is required to retain all relevant documents pertaining to construction or other reimbursable changes for a period ending not less than 10 years after the date on which it receives final payment from the TV Broadcaster Relocation Fund. ( ii ) Each broadcast television station licensee and MVPD that receives payment from the TV Broadcaster Relocation Fund must make available all relevant documentation upon request from the Commission or its contractor. ( 7 ) Delegation of authority. The Commission delegates authority to the Chief, Media Bureau, to adopt the necessary policies and procedures relating to allocations, draw downs, payments, obligations, and expenditures of money from the TV Broadcaster Relocation Fund in order to protect against waste, fraud, and abuse and in the event of bankruptcy, to establish a catalog of expenses eligible for reimbursement and predetermined cost estimates, review the estimated cost forms, issue initial allocations for costs reasonably incurred pursuant to section 6403(b)(4) of the Spectrum Act, set filing deadlines and review information and documentation regarding progress reports, final allocations, and final accountings, and issue final allocations to reimburse for costs reasonably incurred pursuant to section 6403(b)(4) of the Spectrum Act. ( f ) [Reserved] ( g ) Low Power TV and TV translator stations. ( 1 ) through ( 3 ) [Reserved] ( 4 ) Notification and termination provisions for displaced low power TV and TV translator stations. ( i ) A wireless licensee assigned to frequencies in the 600 MHz band under part 27 of this chapter must notify low power TV and TV translator stations of its intent to commence operations, as defined in § 27.4 of this chapter , and the likelihood of receiving harmful interference from the low power TV or TV translator station to such operations within the wireless licensee's licensed geographic service area. ( ii ) The new wireless licensees must: ( A ) Notify the low power TV or TV translator station in the form of a letter, via certified mail, return receipt requested; ( B ) Indicate the date the new wireless licensee intends to commence operations, as defined in § 27.4 of this chapter , in areas where there is a likelihood of receiving harmful interference from the low power TV or TV translator station; and ( C ) Send such notification not less than 120 days in advance of the commencement date. ( iii ) Low power TV and TV translator stations may continue operating on frequencies in the 600 MHz band assigned to wireless licensees under part 27 of this chapter until the wireless licensee commences operations, as defined in § 27.4 of this chapter , as indicated in the notification sent pursuant to this paragraph. ( iv ) After receiving notification, the low power TV or TV translator licensee must cease operating or reduce power in order to eliminate the potential for harmful interference before the commencement date set forth in the notification. ( v ) Low power TV and TV translator stations that are operating on the UHF spectrum that is reserved for guard band channels as a result of the broadcast television incentive auction conducted under section 6403 of the Spectrum Act may continue operating on such channels until the end of the post-auction transition period as defined in § 27.4 of this chapter , unless they receive notification from a new wireless licensee pursuant to the requirements of paragraph (g)(4) of this section that they are likely to cause harmful interference in areas where the wireless licensee intends to commence operations, as defined in § 27.4 of this chapter , in which case the requirements of paragraph (g)(4) of this section will apply. ( h ) Channel sharing operating rules. ( 1 ) Each broadcast television station licensee that is a party to a CSA shall continue to be licensed and operated separately, have its own call sign, and be separately subject to all of the Commission's obligations, rules, and policies applicable to the television service. ( 2 ) Upon termination of the license of a party to a CSA, the spectrum usage rights covered by that license may revert to the remaining parties to the CSA. Such reversion shall be governed by the terms of the CSA in accordance with paragraph (h)(5)(i)(E) of this section. If upon termination of the license of a party to a CSA only one party to the CSA remains, the remaining licensee may file an application to change its license to non-shared status using FCC Form 2100, Schedule B (for a full power licensee) or F (for a Class A licensee). ( 3 ) Channel sharing between full power television and Class A television stations. ( i ) A CSA may be executed between licensees of full power television stations, between licensees of Class A television stations, and between licensees of full power and Class A television stations. ( ii ) A Class A channel sharee station licensee that is a party to a CSA with a full power channel sharer station licensee must comply with the rules of part 73 governing power levels and interference, and must comply in all other respects with the rules and policies applicable to Class A television stations, as set forth in §§ 73.6000 et seq. ( iii ) A full power channel sharee station licensee that is a party to a CSA with a Class A channel sharer station licensee must comply with the rules of part 74 of this chapter governing power levels and interference. ( iv ) A Class A channel sharee station may qualify only for the cable carriage rights afforded to “qualified low power television stations” in § 76.56(b)(3) of this chapter . ( 4 ) Channel sharing between commercial and noncommercial educational television stations. ( i ) A CSA may be executed between commercial and NCE broadcast television station licensees. ( ii ) The licensee of an NCE station operating on a reserved channel under § 73.621 that becomes a party to a CSA, either as a channel sharee station or as a channel sharer station, will retain its NCE status and must continue to comply with § 73.621 . ( iii ) If the licensee of an NCE station operating on a reserved channel under § 73.621 becomes a party to a CSA, either as a channel sharee station or as a channel sharer station, the portion of the shared television channel on which the NCE station operates shall be reserved for NCE-only use. ( iv ) The licensee of an NCE station operating on a reserved channel under § 73.621 that becomes a party to a CSA may assign or transfer its shared license only to an entity qualified under § 73.621 as an NCE television licensee. ( 5 ) Required CSA provisions. ( i ) CSAs must contain provisions outlining each licensee's rights and responsibilities regarding: ( A ) Access to facilities, including whether each licensee will have unrestrained access to the shared transmission facilities; ( B ) Allocation of bandwidth within the shared channel; ( C ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; ( D ) Transfer/assignment of a shared license, including the ability of a new licensee to assume the existing CSA; and ( E ) Termination of the license of a party to the CSA, including reversion of spectrum usage rights to the remaining parties to the CSA. ( ii ) CSAs must include provisions: ( A ) Affirming compliance with the requirements in paragraph (h)(5) of this section and all relevant Commission rules and policies; and ( B ) Requiring that each channel sharing licensee shall retain spectrum usage rights adequate to ensure a sufficient amount of the shared channel capacity to allow it to provide at least one Standard Definition (SD) program stream at all times. ( 6 ) If the rights under a CSA are transferred or assigned, the assignee or the transferee must comply with the terms of the CSA. If the transferee or assignee and the licensees of the remaining channel sharing station or stations agree to amend the terms of the existing CSA, the agreement may be amended, subject to Commission approval. ( 7 ) Preservation of carriage rights. A channel sharee station that possessed carriage rights under section 338, 614, or 615 of the Communications Act of 1934 ( 47 U.S.C. 338 ; 534; 535) on November 30, 2010, shall have, at its shared location, the carriage rights under such section that would apply to such station at the shared location if it were not sharing a channel. ( i ) A broadcast television station licensed in the 600 MHz band, as that band is defined in section 27.5(l) — ( 1 ) Shall not be permitted to modify its facilities, except as provided in paragraph (b)(1)(ii) of this section, if such modification will expand its noise limited service contour (in the case of a full power station) or protected contour (in the case of a Class A station) in such a way as to: ( i ) Increase the potential of harmful interference to a wireless licensee which is co-channel or adjacent channel to the broadcast television station; or ( ii ) Require such a wireless licensee to restrict its operations in order to avoid causing harmful interference to the broadcast television station's expanded noise limited service or protected contour; ( 2 ) Shall be permitted to modify its facilities, even when prohibited by paragraph (i)(1) of this section, if all the wireless licensees in paragraph (i)(1) who either will experience an increase in the potential for harmful interference or must restrict their operations in order to avoid causing interference agree to permit the modification and the modification otherwise meets all the requirements in this part; ( 3 ) For purposes of this section, the following definitions apply: ( i ) Co-channel operations in the 600 MHz band are defined as operations of broadcast television stations and wireless services where their assigned channels or frequencies spectrally overlap. ( ii ) Adjacent channel operations are defined as operations of broadcast television stations and wireless services where their assigned channels or frequencies spectrally abut each other or are separated by up to 5 MHz. [ 79 FR 48539 , Aug. 15, 2014, as amended at 79 FR 76914 , Dec. 23, 2014; 80 FR 46846 , Aug. 6, 2015; 80 FR 67342 , 67346 , Nov. 2, 2015; 80 FR 71743 , Nov. 17, 2015; 81 FR 4975 , Jan. 29, 2016; 86 FR 66213 , Nov. 22, 2021; 89 FR 7262 , Feb. 1, 2024] § 73.3701 Reimbursement under the Reimbursement Expansion Act. ( a ) Definitions — ( 1 ) Eligibility Certification/Reimbursement Form. For purposes of this section, the term Eligibility Certification/Reimbursement Form means the form(s) developed by the Media Bureau for processing reimbursement requests under the Reimbursement Expansion Act. ( 2 ) FM station. For purposes of this section, the term FM station means an “FM broadcast station” as defined in § 73.310 . ( 3 ) Incentive Auction. For purposes of this section, the term Incentive Auction means the broadcast television spectrum incentive auction and repacking process conducted under section 6403 of the Spectrum Act specifying the new channel assignments and technical parameters of any broadcast television stations that are reassigned to new channels. ( 4 ) Licensed. For purposes of this section, the term licensed means a station that was licensed or that had an application for a license to cover on file with the Commission on April 13, 2017. ( 5 ) Low power television station. For purposes of this section, the term low power television station means a low power television station as defined in 47 CFR 74.701 . ( 6 ) Predetermined cost estimate. For purposes of this section, predetermined cost estimate means the estimated cost of an eligible expense as generally determined by the Media Bureau in a catalog of expenses eligible for reimbursement. ( 7 ) Reimbursement Expansion Act or REA. For purposes of this section, the term Reimbursement Expansion Act or REA means Division E, Financial Services & General Appropriation Act, 2018, Title V Independent Agencies, Public Law 115-141 , Section 511 (codified at 47 U.S.C. 1452(j)-(n) ) adopted as part of the Consolidated Appropriations Act, 2018, Public Law 115-141 (2018). ( 8 ) Reimbursement period. For purposes of this section, reimbursement period means the period ending July 3, 2023, pursuant to section 511(j)(3)(B) of the REA. ( 9 ) Replacement translator station. For purposes of this section, the term replacement translator station means analog to digital replacement translator stations authorized pursuant to 47 CFR 74.787(a)(5) . ( 10 ) Spectrum Act. For purposes of this section, the term Spectrum Act means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ). ( 11 ) Special Displacement Window. For purposes of this section, the term Special Displacement Window means the displacement application filing window conducted April 10, 2018 to June 1, 2018 for low power television, TV translator, and analog-to-digital replacement translator stations that were displaced by the incentive auction and repacking process. ( 12 ) Transmitting. For purposes of this section, the term transmitting means a low power television station, TV translator station, or replacement translator station operating not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13, 2017. ( 13 ) Reimbursement Fund. For purposes of this section, the Reimbursement Fund means the additional funding established by the REA. ( 14 ) TV translator station. For purposes of this section, the term TV translator station means a “television broadcast translator station” as defined in 47 CFR 74.701 . ( b ) Eligibility for reimbursement. Only the following entities are eligible for reimbursement of relocation costs reasonably incurred: ( 1 ) Low power television stations. Low power television stations that filed an application for construction permit during the Special Displacement Window and such application was subsequently granted. Station must have been licensed and transmitting for not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13, 2017. ( 2 ) TV translator stations. TV translator stations that filed an application for construction permit during the Special Displacement Window and such application was subsequently granted. Station must have been licensed and transmitting for not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13, 2017. ( 3 ) Replacement translator stations. Replacement translator stations that filed an application for construction permit during the Special Displacement Window and such application was subsequently granted. Station must have been licensed and transmitting for not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13, 2017. ( 4 ) FM station. FM stations licensed and transmitting as of April 13, 2017, that experienced, at the site at which they were licensed and transmitting on that date, a disruption of service as a result of the reorganization of broadcast television spectrum under 47 U.S.C. 1452(b) . ( c ) Reimbursement process — ( 1 ) Estimated costs. ( i ) All entities that are eligible to receive reimbursement will be required to file an estimated cost form providing an estimate of their reasonably incurred costs and provide supporting documentation. ( ii ) Each eligible entity that submits an estimated cost form will be required to certify on its Eligibility Certification/Reimbursement Form inter alia, that: ( A ) It is eligible for reimbursement; ( B ) It believes in good faith that it will reasonably incur all of the estimated costs that it claims are eligible for reimbursement on the estimated cost form; ( C ) It will use all money received from the Reimbursement Fund only for expenses it believes in good faith are eligible for reimbursement; ( D ) It will comply with all policies and procedures relating to allocations, draw downs, payments, obligations, and expenditures of money from the Reimbursement Fund; ( E ) It will maintain detailed records, including receipts, of all costs eligible for reimbursement actually incurred; ( F ) It will file all required documentation of its relocation expenses as instructed by the Media Bureau; ( G ) It has not received nor does it expect to receive reimbursement from other sources for costs for which they are requesting reimbursement from the REA; and ( H ) Low power television stations, TV translator stations, and replacement translator stations must certify compliance with the minimum operating requirement set forth in paragraph (b)(1) , (2) , or (3) of this section. ( I ) FM stations must certify that they were licensed and transmitting at the facility implicated by the Incentive Auction on April 13, 2017. ( iii ) If an eligible entity seeks reimbursement for new equipment, it must provide a justification as to why it is reasonable under the circumstances to purchase new equipment rather than modify its corresponding current equipment. ( iv ) Eligible entities that submit their own cost estimates, as opposed to the predetermined cost estimates provided in the estimated cost form, must submit supporting evidence and certify that the estimate is made in good faith. ( 2 ) Final Allocation Deadline. ( i ) Upon completing construction or other reimbursable changes, or by a specific deadline prior to the end of the Reimbursement Period to be established by the Media Bureau, whichever is earlier, all eligible entities that received an initial allocation from the Reimbursement Fund must provide the Commission with information and documentation, including invoices and receipts, regarding their actual expenses incurred as of a date to be determined by the Media Bureau (the “Final Allocation Deadline”). ( ii ) If an eligible entity has not yet completed construction or other reimbursable changes by the Final Allocation Deadline, it must provide the Commission with information and documentation regarding any remaining eligible expenses that it expects to reasonably incur. ( 3 ) Final accounting. After completing all construction or reimbursable changes, eligible entities that have received money from the Reimbursement Fund will be required to submit final expense documentation containing a list of estimated expenses and actual expenses as of a date to be determined by the Media Bureau. Entities that have finished construction and have submitted all actual expense documentation by the Final Allocation Deadline will not be required to file at the final accounting stage. ( 4 ) Documentation requirements. ( i ) Each eligible entity that receives payment from the Reimbursement Fund is required to retain all relevant documents pertaining to construction or other reimbursable changes for a period ending not less than 10 years after the date on which it receives final payment from the Reimbursement Fund. ( ii ) Each eligible entity that receives payment from the Reimbursement Fund must make available all relevant documentation upon request from the Commission or its contractor. [ 84 FR 11252 , Mar. 26, 2019] § 73.3800 Full power television channel sharing outside the incentive auction. ( a ) Eligibility. Subject to the provisions of this section, a full power television station with an auction-related Channel Sharing Agreement (CSA) may voluntarily seek Commission approval to relinquish its channel to share a single six megahertz channel with a full power, Class A, low power, or TV translator television station. An auction-related CSA is a CSA filed with and approved by the Commission pursuant to § 73.3700(b)(1)(vii) . ( b ) Licensing of channel sharing stations. ( 1 ) Each station sharing a single channel pursuant to this section shall continue to be licensed and operated separately, have its own call sign, and be separately subject to all applicable Commission obligations, rules, and policies. ( 2 ) A full power television channel sharing station relinquishing its channel must file an application for a construction permit (FCC Form 2100), include a copy of the CSA as an exhibit, and cross reference the other sharing station(s). Any engineering changes necessitated by the CSA may be included in the station's application. Upon initiation of shared operations, the station relinquishing its channel must notify the Commission that it has terminated operation pursuant to § 73.1750 and each sharing station must file an application for license (FCC Form 2100). ( c ) Channel sharing between full power television stations and Class A, Low power television, or TV translator stations. ( 1 ) A full power television sharee station (defined as a station relinquishing a channel in order to share) that is a party to a CSA with a Class A sharer station (defined as the station hosting a sharee pursuant to a CSA) must comply with the rules governing power levels and interference applicable to Class A stations, and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part. ( 2 ) A full power television sharee station that is a party to a CSA with a low power television or TV translator sharer station must comply with the rules of part 74 of this chapter governing power levels and interference applicable to low power television or TV translator stations, and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part. ( d ) Channel sharing between commercial and noncommercial educational television stations. ( 1 ) A CSA may be executed between commercial and NCE broadcast television station licensees. ( 2 ) The licensee of an NCE station operating on a reserved channel under § 73.621 that becomes a party to a CSA, either as a channel sharee station or as a channel sharer station, will retain its NCE status and must continue to comply with § 73.621 . ( 3 ) If the licensee of an NCE station operating on a reserved channel under § 73.621 becomes a party to a CSA, either as a channel sharee station or as a channel sharer station, the portion of the shared television channel on which the NCE station operates shall be reserved for NCE-only use. ( 4 ) The licensee of an NCE station operating on a reserved channel under § 73.621 that becomes a party to a CSA may assign or transfer its shared license only to an entity qualified under § 73.621 as an NCE television licensee. ( e ) Deadline for implementing CSAs. CSAs submitted pursuant to this section must be implemented within three years of the grant of the channel sharing construction permit. ( f ) Channel sharing agreements (CSAs). ( 1 ) CSAs submitted under this section must contain provisions outlining each licensee's rights and responsibilities regarding: ( i ) Access to facilities, including whether each licensee will have unrestrained access to the shared transmission facilities; ( ii ) Allocation of bandwidth within the shared channel; ( iii ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; and ( iv ) Transfer/assignment of a shared license, including the ability of a new licensee to assume the existing CSA; and ( v ) Termination of the license of a party to the CSA, including reversion of spectrum usage rights to the remaining parties to the CSA. ( 2 ) CSAs must include provisions: ( i ) Affirming compliance with the channel sharing requirements in this section and all relevant Commission rules and policies; and ( ii ) Requiring that each channel sharing licensee shall retain spectrum usage rights adequate to ensure a sufficient amount of the shared channel capacity to allow it to provide at least one Standard Definition program stream at all times. ( g ) Termination and assignment/transfer of shared channel. ( 1 ) Upon termination of the license of a party to a CSA, the spectrum usage rights covered by that license may revert to the remaining parties to the CSA. Such reversion shall be governed by the terms of the CSA in accordance with paragraph (f)(1)(v) of this section. If upon termination of the license of a party to a CSA only one party to the CSA remains, the remaining licensee may file an application for license to change its status to non-shared. ( 2 ) If the rights under a CSA are transferred or assigned, the assignee or the transferee must comply with the terms of the CSA in accordance with paragraph (f)(1)(iv) of this section. If the transferee or assignee and the licensees of the remaining channel sharing station or stations agree to amend the terms of the existing CSA, the agreement may be amended, subject to Commission approval. ( h ) Notice to MVPDs. ( 1 ) Stations participating in channel sharing agreements must provide notice to MVPDs that: ( i ) No longer will be required to carry the station because of the relocation of the station; ( ii ) Currently carry and will continue to be obligated to carry a station that will change channels; or ( iii ) Will become obligated to carry the station due to a channel sharing relocation. ( 2 ) The notice required by this section must contain the following information: ( i ) Date and time of any channel changes; ( ii ) The channel occupied by the station before and after implementation of the CSA; ( iii ) Modification, if any, to antenna position, location, or power levels; ( iv ) Stream identification information; and ( v ) Engineering staff contact information. ( 3 ) Should any of the information in paragraph (h)(2) of this section change, an amended notification must be sent. ( 4 ) Sharee stations must provide notice as required by this section at least 90 days prior to terminating operations on the sharee's channel. Sharer stations and sharee stations must provide notice as required by this section at least 90 days prior to initiation of operations on the sharer channel. Should the anticipated date to either cease operations or commence channel sharing operations change, the stations must send a further notice to affected MVPDs informing them of the new anticipated date(s). ( 5 ) Notifications provided to cable systems pursuant to this section must be either mailed to the system's official address of record provided in the cable system's most recent filing in the FCC's Cable Operations and Licensing System (COALS) Form 322, or emailed to the system if the system has provided an email address. For all other MVPDs, the letter must be addressed to the official corporate address registered with their State of incorporation. [ 82 FR 18249 , Apr. 18, 2017] § 73.3801 Full power television simulcasting during the ATSC 3.0 (Next Gen TV) transition. Cross Reference Link to an amendment published at 88 FR 45366 , July 17, 2023. ( a ) Simulcasting arrangements. For purposes of compliance with the simulcasting requirement in paragraph (b) of this section, a full power television station may partner with one or more other full power stations or with one or more Class A, LPTV, or TV translator stations in a simulcasting arrangement for purposes of airing either an ATSC 1.0 or ATSC 3.0 signal on a host station's ( i.e., a station whose facilities are being used to transmit programming originated by another station) facilities. Noncommercial educational television stations may participate in simulcasting arrangements with commercial stations. ( 1 ) A full power television station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a Class A host station must comply with the rules governing power levels and interference applicable to Class A stations, and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part. ( 2 ) A full power television station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a low power television or TV translator host station must comply with the rules of part 74 of this chapter governing power levels and interference applicable to low power television or TV translator stations, and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part. ( 3 ) A full power noncommercial educational television (NCE) station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a commercial television host station must comply with the rules applicable to NCE licensees. ( b ) Simulcasting requirement. A full power television station that chooses to air an ATSC 3.0 signal must simulcast the primary video programming stream of that signal in an ATSC 1.0 format. This requirement does not apply to any multicast streams aired on the ATSC 3.0 channel. ( 1 ) The programming aired on the ATSC 1.0 simulcast signal must be “substantially similar” to that aired on the ATSC 3.0 primary video programming stream. For purposes of this section, “substantially similar” means that the programming must be the same except for advertisements, promotions for upcoming programs, and programming features that are based on the enhanced capabilities of ATSC 3.0. These enhanced capabilities include: ( i ) Hyper-localized content (e.g., geo-targeted weather, targeted emergency alerts, and hyper-local news): ( ii ) Programming features or improvements created for the ATSC 3.0 service (e.g., emergency alert “wake up” ability and interactive program features); ( iii ) Enhanced formats made possible by ATSC 3.0 technology (e.g., 4K or HDR); and ( iv ) Personalization of programming performed by the viewer and at the viewer's discretion. ( 2 ) For purposes of paragraph (b)(1) of this section, programming that airs at a different time on the ATSC 1.0 simulcast signal than on the primary video programming stream of the ATSC 3.0 signal is not considered “substantially similar.” ( 3 ) The “substantially similar” requirement in paragraph (b)(1) of this section will sunset on July 17, 2027. ( c ) Coverage requirements for the ATSC 1.0 simulcast signal. For full power broadcasters that elect temporarily to relocate their ATSC 1.0 signal to the facilities of a host station for purposes of deploying ATSC 3.0 service (and that convert their existing facilities to ATSC 3.0), the ATSC 1.0 simulcast signal must continue to cover the station's entire community of license ( i.e., the station must choose a host from whose transmitter site the Next Gen TV station will continue to meet the community of license signal requirement over its current community of license, as required by § 73.625 ) and the host station must be assigned to the same Designated Market Area (DMA) as the originating station ( i.e., the station whose programming is being transmitted on the host station). ( d ) Coverage requirements for ATSC 3.0 signals. For full power broadcasters that elect to continue broadcasting in ATSC 1.0 on the station's existing facilities and transmit an ATSC 3.0 signal on the facilities of a host station, the ATSC 3.0 signal must be established on a host station assigned to the same DMA as the originating station. ( e ) Simulcasting agreements. ( 1 ) Simulcasting agreements must contain provisions outlining each licensee's rights and responsibilities regarding: ( i ) Access to facilities, including whether each licensee will have unrestrained access to the host station's transmission facilities; ( ii ) Allocation of bandwidth within the host station's channel; ( iii ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; ( iv ) Conditions under which the simulcast agreement may be terminated, assigned or transferred; and ( v ) How a guest station's ( i.e., a station originating programming that is being transmitted using the facilities of another station) signal may be transitioned off the host station. ( 2 ) Broadcasters must maintain a written copy of any simulcasting agreement and provide it to the Commission upon request. ( f ) Licensing of simulcasting stations and stations converting to ATSC 3.0 operation. ( 1 ) Each station participating in a simulcasting arrangement pursuant to this section shall continue to be licensed and operated separately, have its own call sign, and be separately subject to all applicable Commission obligations, rules, and policies. ATSC 1.0 and ATSC 3.0 signals aired on the facilities of a host station will be licensed as temporary second channels of the originating station. The Commission will include a note on the originating station's license identifying any ATSC 1.0 or ATSC 3.0 signal being aired on the facilities of a host station. The Commission will also include a note on a host station's license identifying any ATSC 1.0 or ATSC 3.0 guest signal(s) being aired on the facilities of the host station. ( 2 ) Application required. A full power broadcaster must file an application (FCC Form 2100) with the Commission, and receive Commission approval, before: ( i ) Moving its ATSC 1.0 signal to the facilities of a host station, moving that signal from the facilities of an existing host station to the facilities of a different host station, or discontinuing an ATSC 1.0 guest signal; ( ii ) Commencing the airing of an ATSC 3.0 signal on the facilities of a host station (that has already converted to ATSC 3.0 operation), moving its ATSC 3.0 signal to the facilities of a different host station, or discontinuing an ATSC 3.0 guest signal; or ( iii ) Converting its existing station to transmit an ATSC 3.0 signal or converting the station from ATSC 3.0 back to ATSC 1.0 transmissions. ( 3 ) Streamlined process. With respect to any application in paragraph (f)(2) of this section, a full power broadcaster may file only an application for modification of license, provided no other changes are being requested in such application that would require the filing of an application for a construction permit as otherwise required by the rules ( see, e.g. , § 73.1690 ). ( 4 ) Host station. A host station must first make any necessary changes to its facilities before a guest station may file an application to air a 1.0 or 3.0 signal on such host. ( 5 ) Expedited processing. An application filed in accordance with the streamlined process in paragraph (f)(3) of this section will receive expedited processing provided, for stations requesting to air an ATSC 1.0 signal on the facilities of a host station, the station will provide ATSC 1.0 service to at least 95 percent of the predicted population within the noise limited service contour of its original ATSC 1.0 facility. ( 6 ) Required information. ( i ) An application in paragraph (f)(2) of this section must include the following information: ( A ) The station serving as the host, if applicable; ( B ) The technical facilities of the host station, if applicable; ( C ) The DMA of the originating broadcaster's facility and the DMA of the host station, if applicable; and ( D ) Any other information deemed necessary by the Commission to process the application. ( ii ) If an application in paragraph (f)(2) of this section includes a request to air an ATSC 1.0 signal on the facilities of a host station, the broadcaster must, in addition to the information in paragraph (f)(6)(i), also indicate on the application: ( A ) The predicted population within the noise limited service contour served by the station's original ATSC 1.0 signal; ( B ) The predicted population within the noise limited service contour served by the station's original ATSC 1.0 signal that will lose the station's ATSC 1.0 service as a result of the simulcasting arrangement, including identifying areas of service loss by providing a contour overlap map; and ( C ) Whether the ATSC 1.0 simulcast signal aired on the host station will serve at least 95 percent of the population in paragraph (f)(6)(ii)(A) of this section. ( iii ) ( A ) If an application in paragraph (f)(2) of this section includes a request to air an ATSC 1.0 signal on the facilities of a host station and does not meet the 95 percent standard in paragraph (f)(6)(ii) of this section, the application must contain, in addition to the information in paragraphs (f)(6)(i) and (ii) of this section, the following information: ( 1 ) Whether there is another possible host station(s) in the market that would result in less service loss to existing viewers and, if so, why the Next Gen TV broadcaster chose to partner with a host station creating a larger service loss; ( 2 ) What steps, if any, the station plans to take to minimize the impact of the service loss (e.g., providing ATSC 3.0 dongles, set-top boxes, or gateway devices to viewers in the loss area); and ( 3 ) The public interest benefits of the simulcasting arrangement and a showing of why the benefit(s) of granting the application would outweigh the harm(s). ( B ) These applications will be considered on a case-by-case basis. ( g ) Consumer education for Next Gen TV stations. ( 1 ) Commercial and noncommercial educational stations that relocate their ATSC 1.0 signals (e.g., moving to a host station's facility, subsequently moving to a different host, or returning to its original facility) are required to air daily Public Service Announcements (PSAs) or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations on their existing facilities. Stations that transition directly to ATSC 3.0 will be required to air daily PSAs or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations. ( 2 ) PSAs. Each PSA must be provided in the same language as a majority of the programming carried by the transitioning station and be closed-captioned. ( 3 ) Crawls. Each crawl must be provided in the same language as a majority of the programming carried by the transitioning station. ( 4 ) Content of PSAs or crawls. For stations relocating their ATSC 1.0 signals or transitioning directly to ATSC 3.0, each PSA or crawl must provide all pertinent information to consumers. ( h ) Notice to MVPDs. ( 1 ) Next Gen TV stations relocating their ATSC 1.0 signals (e.g., moving to a temporary host station's facilities, subsequently moving to a different host, or returning to its original facility) must provide notice to MVPDs that: ( i ) No longer will be required to carry the station's ATSC 1.0 signal due to the relocation; or ( ii ) Carry and will continue to be obligated to carry the station's ATSC 1.0 signal from the new location. ( 2 ) The notice required by this section must contain the following information: ( i ) Date and time of any ATSC 1.0 channel changes; ( ii ) The ATSC 1.0 channel occupied by the station before and after commencement of local simulcasting; ( iii ) Modification, if any, to antenna position, location, or power levels; ( iv ) Stream identification information; and ( v ) Engineering staff contact information. ( 3 ) If any of the information in paragraph (h)(2) of this section changes, an amended notification must be sent. ( 4 ) ( i ) Next Gen TV stations must provide notice as required by this section: ( A ) At least 120 days in advance of relocating their ATSC 1.0 signals if the relocation occurs during the post-incentive auction transition period; or ( B ) At least 90 days in advance of relocating their ATSC 1.0 signals if the relocation occurs after the post-incentive auction transition period ( see 47 CFR 27.4 ). ( ii ) If the anticipated date of the ATSC 1.0 signal relocation changes, the station must send a further notice to affected MVPDs informing them of the new anticipated date. ( 5 ) Next Gen TV stations may choose whether to provide notice as required by this section either by a letter notification or electronically via email if the relevant MVPD agrees to receive such notices by email. Letter notifications to MVPDs must be sent by certified mail, return receipt requested to the MVPD's address in the FCC's Online Public Inspection File (OPIF), if the MVPD has an online file. For cable systems that do not have an online file, notices must be sent to the cable system's official address of record provided in the system's most recent filing in the FCC's Cable Operations and Licensing System (COALS). For MVPDs with no official address in OPIF or COALS, the letter must be sent to the MVPD's official corporate address registered with their State of incorporation. [ 83 FR 3801 , Feb. 2, 2018, as amended at 85 FR 43492 , July 17, 2020; 88 FR 45366 , July 17, 2023] § 73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent material). ( a ) No licensee of a radio or television broadcast station shall broadcast any material which is obscene. ( b ) No licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. any material which is indecent. [ 60 FR 44439 , Aug. 28, 1995] § 73.4000 Listing of FCC policies. The following sections list, solely for the purpose of reference and convenience, certain Policies of the FCC. The present listing of FCC policies and citations thereto should not be relied upon as an all-inclusive list. Failure to include a policy in this list does not affect its validity. In addition, documents listed may be revised by subsequent decisions and the inclusion of a document on this list does not necessarily reflect that it is currently valid. Each section bears the title of one Policy and the citations which will direct the user to the specific document(s) pertaining to that Policy. [ 89 FR 7262 , Feb. 1, 2024] § 73.4005 Advertising—refusal to sell. See 412 U.S. 94 (Supreme Court, 1973). [ 44 FR 36388 , June 22, 1979] § 73.4015 Applications for AM and FM construction permits, incomplete or defective. See Public Notice, FCC 84-366, dated August 2, 1984, 49 FR 47331 , December 3, 1984. [ 49 FR 50048 , Dec. 26, 1984] § 73.4017 Application processing: Commercial FM stations. See §§ 73.5000 through 73.5009 . [ 89 FR 7262 , Feb. 1, 2024] § 73.4045 Barter agreements. See Order, FCC 72-167, adopted February 16, 1972. 33 FCC 2d 653; 37 FR 4009 , February 25, 1972. [ 44 FR 36388 , June 22, 1979] § 73.4050 Children's TV programs. ( a ) See Report and Policy Statement, Docket 19142, FCC 74-1174, adopted October 24, 1974. 50 FCC 2d 1; 39 FR 39396 , November 6, 1974. ( b ) See Report and Order; Policy Statement, Docket 19142, FCC 83-609, adopted December 22, 1983. 96 FCC 2d 634; 49 FR 1704 , January 13, 1984. ( c ) See Report and Order, MM Dockets 90-570 and 83-670, FCC 91-113, adopted April 9, 1991. 6 FCC Rcd 2111; 56 FR 19611 , April 19, 1991; Memorandum Opinion and Order, MM Dockets 90-570 and 83-670, FCC 91-248, adopted August 1, 1991. 6 FCC Rcd 5093; 56 FR 42707 , August 29, 1991. [ 49 FR 14509 , Apr. 12, 1984, as amended at 59 FR 52086 , Oct. 14, 1994] § 73.4055 Cigarette advertising. See 15 U.S.C. 1335 ; 15 U.S.C. 4402(c) . [ 89 FR 7262 , Feb. 1, 2024] § 73.4060 Citizens agreements. ( a ) See Report and Order, Docket 20495, FCC 75-1359, adopted December 10, 1975. 57 F.C.C. 2d 42; 40 FR 4 59730, December 30, 1975. ( b ) See Memorandum Opinion and Order, FCC 78-875, adopted December 21, 1978. 70 F.C.C. 2d 1672. [ 44 FR 58720 , Oct. 11, 1979, as amended at 89 FR 7262 , Feb. 1, 2024] § 73.4075 Commercials, loud. See Memorandum Opinion and Order, BC Docket 79-168, FCC 84-300, adopted June 27, 1984. 49 FR 28077 , July 10, 1984. [ 49 FR 38132 , Sept. 27, 1984] § 73.4082 [Reserved] § 73.4091 Direct broadcast satellites. ( a ) See Report and Order, General Docket 80-603, FCC 82-285, adopted June 23, 1982. 90 FCC 2d 676; 47 FR 31555 , July 21, 1982. ( b ) See Memorandum Opinion and Order, FCC 82-427, adopted September 23, 1982. 91 FCC 2d. ( c ) See Memorandum Opinion and Order, FCC 82-498, adopted November 4, 1982. 91 FCC 2d. [ 48 FR 9012 , Mar. 3, 1983] § 73.4094 Dolby encoder. See Public Notice dated July 10, 1974, 72 FCC 2d 790. [ 45 FR 6403 , Jan. 28, 1980] § 73.4095 Drug lyrics. ( a ) See Public Notice, FCC 71-205, dated March 5, 1971. 28 FCC 2d 409; 36 FR 4901 , March 13, 1971. ( b ) See Memorandum Opinion and Order, FCC 71-428, adopted April 16, 1971. 31 FCC 2d 377; 36 FR 8090 , April 29, 1971. [ 44 FR 36388 , June 22, 1979] § 73.4097 EBS (now EAS) attention signals on automated programing systems. See Public Notice dated March 1, 1979. 72 FCC 2d 788; 44 FR 17792 , March 23, 1979. [ 49 FR 50049 , Dec. 26, 1984, as amended at 59 FR 67103 , Dec. 28, 1994] § 73.4099 Financial qualifications, certification of. See Public Notice, FCC 87-97, adopted March 19, 1987. 52 FR 17333 , May 7, 1987. [ 53 FR 2499 , Jan. 28, 1988] § 73.4100 Financial qualifications; new AM and FM stations. See Public Notice, FCC 78-556, dated August 2, 1978. 69 FCC 2d 407; 43 FR 34841 , August 7, 1978. See also Revision of Application for Construction Permit for Commercial Broadcast Station (FCC Form 301), Memorandum Opinion and Order, 50 R.R.2d 381, para. 6 (1981) and Certification of Financial Qualification by Applicants for Broadcast Station Construction Permits, Public Notice, 2 FCC Rcd 2122 (1987), 52 FR 17333 (May 7, 1987). [ 89 FR 7262 , Feb. 1, 2024] § 73.4101 Financial qualifications, TV stations. See Public Notice, FCC 79-299, dated May 11, 1979. 72 F.C.C. 2d 784; 44 FR 29160 , May 18, 1979. See also Revision of Application for Construction Permit for Commercial Broadcast Station (FCC Form 301), Memorandum Opinion and Order, 50 R.R.2d 381, para. 6 (1981) and Certification of Financial Qualification by Applicants for Broadcast Station Construction Permits, Public Notice, 2 FCC Rcd 2122 (1987), 52 FR 17333 (May 7, 1987). [ 89 FR 7262 , Feb. 1, 2024] § 73.4102 FAA communications, broadcast of. See Public Notice, FCC 72-105, dated February 2, 1972. 37 FR 3567 , February 17, 1972. [ 45 FR 6403 , Jan. 28, 1980] § 73.4104 FM assignment policies and procedures. See Report and Order, BC Docket 80-130, FCC 82-240, adopted May 20, 1982. 90 FCC 2d, 88; 47 FR 26625 , June 21, 1982. [ 47 FR 54448 , Dec. 3, 1982] § 73.4107 [Reserved] § 73.4108 [Reserved] § 73.4110 Format changes of stations. See Memorandum Opinion and Order, Docket 20682, FCC 76-744, adopted July 28, 1976. 60 FCC 2d 858; 41 FR 37153 , September 2, 1976. [ 44 FR 36388 , June 22, 1979] § 73.4135 Interference to TV reception by FM stations. See Public Notice, FCC 67-1012, dated August 30, 1967, 74 FCC 2d 619. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 44 FR 36388 , June 22, 1979, as amended at 45 FR 28142 , Apr. 28, 1980; 49 FR 45154 , Nov. 15, 1984; 50 FR 5073 , Feb. 6, 1985; 51 FR 26251 , July 22, 1986] § 73.4140 Minority ownership; tax certificates and distress sales. ( a ) See Public Notice, FCC 78-322, dated May 25, 1978. 68 FCC 2d 979; 43 FR 25188 , June 9, 1978. ( b ) See Public Notice, FCC 78-725, dated October 11, 1978. 43 FR 47612 , October 16, 1978. ( c ) See Policy Statement, General Docket 82-797, FCC 82-523, adopted December 2, 1982. 92 FCC 2d 849; 48 FR 5943 , February 9, 1983. ( d ) See Report and Order, General Docket 82-797, FCC 84-647, adopted December 21, 1984. 99 FCC 2d 1249; 50 FR 1239 , January 10, 1985. [ 44 FR 36388 , June 22, 1979, as amended at 49 FR 38132 , Sept. 27, 1984; 49 FR 50049 , Dec. 26, 1984; 50 FR 47055 , Nov. 14, 1985; 52 FR 11656 , Apr. 10, 1987] § 73.4154 Network/AM, FM station affiliation agreements. See Report, Statement of Policy, and Order, Docket 20721, FCC 77-206, adopted March 10, 1977. 63 FCC 2d 674. [ 47 FR 28388 , June 30, 1982] § 73.4157 Network signals which adversely affect affiliate broadcast service. See Public Notice, FCC 79-387, dated April 20, 1970. 22 F.C.C. 2d 779. [ 45 FR 6403 , Jan. 28, 1980] § 73.4163 Noncommercial nature of educational broadcast stations. ( a ) See Second Report and Order, BC Docket 21136, FCC 81-204, adopted April 23, 1981. 86 FCC 2d 141; 46 FR 27944 , May 22, 1981. ( b ) See Order, BC Docket 21136, FCC 82-327 adopted July 15, 1982. 90 FCC 2d 895; 47 FR 36171 , August 19, 1982. ( c ) See Memorandum Opinion and Order, BC Docket 21136, FCC 84-105, adopted March 28, 1984. 97 FCC 2d 255; 49 FR 13534 , April 5, 1984. ( d ) See, Public Notice, FCC 86-161, dated April 11, 1986. 51 FR 21800 , June 16, 1986. Excerpt reprinted at 7 FCC Rcd 827. ( e ) See Memorandum Opinion and Order, FCC 90-111, adopted March 28, 1990. 5 FCC Rcd 4920. [ 47 FR 54448 , Dec. 3, 1982, as amended at 51 FR 26251 , July 22, 1986; 59 FR 52087 , Oct. 14, 1994] § 73.4165 Obscene language. ( a ) See FCC v. Pacifica Foundation, 438 U.S. 726, 57 L.Ed 2d 1073, 46 U.S.L.W. 5018 (1978). See also Action for Children's Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988). ( b ) See Action for Children's Television v. FCC, [ACT III] 11 F.3d 170 (D.C. Cir. 1993). See also, Action for Children's Television v. FCC, [ACT IV] 15 F.3d 186 (D.C. Cir. 1994), rehearing granted, en banc. ( c ) See Report and Order, GC Docket 92-223, FCC 93-42, adopted January 19, 1993. 8 FCC Rcd 704; 58 FR 5937 , January 25, 1993. ( d ) See Memorandum Opinion and Order, FCC 93-246, adopted May 11, 1993, 8 FCC Rcd 3600. ( e ) See Letter to Rusk Corporation, dated May 6, 1993, FCC 93-229, 8 FCC Rcd 3228. ( f ) See Memorandum Opinion and Order, FCC 93-4, adopted January 5, 1993. 8 FCC Rcd 498 ( g ) See Branton v. FCC, 993 F.2d 906 (D.C. Cir. 1993). ( h ) See Memorandum Opinion and Order, DA 91-557, adopted April 30, 1991. 6 FCC Rcd 2560. [ 59 FR 52087 , Oct. 14, 1994] § 73.4170 Obscene broadcasts. ( a ) See Miller v. California, 413 U.S.C. 15 (1973). See also Pope v. Illinois, 107 S.Ct. 1918 (1987). 18 U.S.C. 1464 . ( b ) See Memorandum Opinion and Order, MM Docket 83-575, FCC 88-4, adopted January 12, 1988. 3 FCC Rcd 757. See also Memorandum Opinion and Order, MM Docket 83-575, FCC 93-180, adopted April 2, 1993. 8 FCC Rcd 2753. ( c ) See Memorandum Opinion and Order, FCC 87-365, adopted November 24, 1987. 3 FCC Rcd 930. ( d ) See “Memorandum of Understanding between the Federal Communications Commission and the Department of Justice concerning Complaints and Cases Involving Obscenity and Indecency,” released April 9, 1991. See also News Release dated April 19, 1991. [ 59 FR 52087 , Oct. 14, 1994] § 73.4180 Payment disclosure: Payola, plugola, kickbacks. ( a ) See 47 U.S.C. 507 . ( b ) See Public Notice, FCC 70-593, dated June 4, 1970. 23 FCC 2d 588; 35 FR 9045 , June 11, 1970. ( c ) See Public Notice, FCC 88-175, dated May 18, 1988. [ 44 FR 36389 , June 22, 1979, as amended at 49 FR 20504 , May 15, 1984; 59 FR 52087 , Oct. 14, 1994] § 73.4185 Political broadcasting and telecasting, the law of. ( a ) See “The Law of Political Broadcasting and Cablecasting: Political Primer 1984,” 100 FCC 2d 1476 (1984). ( b ) See Report and Order, MM Docket 91-168, FCC 91-403, adopted December 12, 1991. 7 FCC Rcd 678; 57 FR 189 , January 3, 1992; Memorandum Opinion and Order, MM Docket 91-168, FCC 92-210, adopted May 14, 1992. 7 FCC Rcd 4611; 57 FR 27705 , June 22, 1992. [ 59 FR 52087 , Oct. 14, 1994] § 73.4190 Political candidate authorization notice and sponsorship identification. ( a ) See Joint Public Notice by the Federal Communications Commission and the Federal Election Commission, FCC 78-419, dated June 19, 1978. 69 FCC 2d 1129; 43 FR 30126 , July 13, 1978. ( b ) See Memorandum Opinion and Order, FCC 92-55, adopted February 12, 1992. 7 FCC Rcd 1616. [ 44 FR 36389 , June 22, 1979, as amended at 59 FR 52087 , Oct. 14, 1994] § 73.4195 Political advertising by UHF translators. See Public Notice, FCC 76936, dated October 8, 1976. 62 FCC 2d 896; 41 FR 45043 , October 14, 1976. [ 44 FR 36389 , June 22, 1979] § 73.4210 Procedure Manual: “The Public and Broadcasting”. See The Public and Broadcasting, a copy of which is available at: https://www.fcc.gov/media/radio/public-and-broadcasting . [ 89 FR 7262 , Feb. 1, 2024] § 73.4215 Program matter: Supplier identification. See Public Notice, FCC 73-595, dated June 1, 1973. 41 FCC 2d 333; 38 FR 14979 , June 7, 1973. [ 44 FR 36389 , June 22, 1979] § 73.4242 Sponsorship identification rules, applicability of. See Public Notice dated September 3, 1975, 40 FR 41936 , September 9, 1975. [ 47 FR 28388 , June 30, 1982] § 73.4246 Stereophonic pilot subcarrier use during monophonic programming. See Report and Order, Docket 19571, FCC 73-680, adopted June 21, 1973. 41 FCC 2d 534; 38 FR 17021 , June 28, 1973. [ 47 FR 3792 , Jan. 27, 1982] § 73.4247 [Reserved] § 73.4250 Subliminal perception. ( a ) See Public Notice, FCC 74-78, dated January 24, 1974. 44 FCC 2d, 1016; 39 FR 3714 , January 29, 1974. ( b ) See FCC Information Bulletin, “Subliminal Projection”, dated November 1977. [ 44 FR 36389 , June 22, 1979] § 73.4255 Tax certificates: Issuance of. ( a ) See Public Notice, FCC 76-337, dated April 21, 1976. 59 FCC 2d, 91; 41 FR 17605 , April 27, 1976. ( b ) See Report and Order MM Docket 87-267, FCC 91-303 adopted, September 26, 1991. 6 FCC Rcd 6273; 56 FR 64842 , December 12, 1991. [ 56 FR 64874 , Dec. 12, 1991, as amended at 59 FR 52087 , Oct. 14, 1994] § 73.4260 Teaser announcements. See Public Notice, FCC 62-592, dated June 1, 1962. 27 FR 5274 , June 5, 1962. [ 44 FR 36389 , June 22, 1979] § 73.4265 Telephone conversation broadcasts (network and like sources). See Memorandum Opinion and Order, FCC 75-1406, adopted December 18, 1975. 57 FCC 2d, 334; 41 FR 816 , January 5, 1976. [ 44 FR 36389 , June 22, 1979] § 73.4266 Tender offer and proxy statements. See Policy Statement, MM Docket 85-218, FCC 86-67, adopted January 30, 1986. 51 FR 9794 , March 21, 1986. [ 51 FR 26251 , July 22, 1986] § 73.4267 Time brokerage. ( a ) See Report and Order, MM Docket Nos. 94-150, 92-51, 87-154, FCC 99-207, adopted August 5, 1999, 64 FR 50622 (Sept. 17, 1999). ( b ) See § 73.3555 , Note 2(j). [ 47 FR 3792 , Jan. 27, 1982, as amended at 59 FR 52087 , Oct. 14, 1994; 89 FR 7262 , Feb. 1, 2024] § 73.4275 Tone clusters; audio attention-getting devices. See Public Notice, FCC 76-610, dated July 2, 1976. 60 FCC 2d 920; 41 FR 28582 , July 12, 1976. [ 44 FR 36389 , June 22, 1979] § 73.4280 Character evaluation of broadcast applicants. ( a ) See Report and Order and Policy Statement, Gen. Docket 81-500, BC Docket 78-108, FCC 85-648, adopted December 10, 1985. 102 FCC 2d 1179; 51 FR 3049 , January 23, 1986. ( b ) See Policy Statement and Order, FCC 90-195, adopted May 10, 1990. 5 FCC Rcd 3252, 55 FR 23082 , June 6, 1990. ( c ) See Memorandum Opinion and Order, FCC 91-146, adopted May 1, 1991. 6 FCC Rcd 3448, 56 FR 25633 , June 5, 1991. ( d ) See Memorandum Opinion and Order, FCC 92-448, adopted September 18, 1992. 7 FCC Rcd 6564, 57 FR 47410 , October 16, 1992. [ 59 FR 52087 , Oct. 14, 1994] Subpart I—Procedures for Competitive Bidding and for Applications for Noncommercial Educational Broadcast Stations on Non-Reserved Channels Source: 63 FR 48629 , Sept. 11, 1998, unless otherwise noted. § 73.5000 Services subject to competitive bidding. ( a ) Mutually exclusive applications for new facilities and for major changes to existing facilities in the following broadcast services are subject to competitive bidding: AM; FM; FM translator; television; low-power television; television translator; and Class A television. Mutually exclusive applications for minor modifications of Class A television and television broadcast are also subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in part 73 or part 74 of this chapter . ( b ) Mutually exclusive applications for broadcast channels in the reserved portion of the FM band (Channels 200-220) and for television broadcast channels reserved for noncommercial educational use are not subject to competitive bidding procedures. Applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , on non-reserved channels also are not subject to competitive bidding procedures. [ 63 FR 48629 , Sept. 11, 1998, as amended at 67 FR 45374 , July 9, 2002; 68 FR 26228 , May 15, 2003; 69 FR 72043 , Dec. 10, 2004; 89 FR 7262 , Feb. 1, 2024] § 73.5001 [Reserved] § 73.5002 Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of collusion. ( a ) Prior to any broadcast service auction, the Commission will issue a public notice announcing the upcoming auction and specifying the period during which all applicants seeking to participate in an auction, and all applicants for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , on non-reserved channels, must file their applications for new broadcast facilities or for major changes to existing facilities. Broadcast service applications for new facilities or for major modifications will be accepted only during these specified periods. This initial and other public notices will contain information about the completion and submission of applications to participate in the broadcast auction, and applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , on non-reserved channels, as well as any materials that must accompany the applications, and any filing fee that must accompany the applications or any upfront payments that will need to be submitted. Such public notices will also, in the event mutually exclusive applications are filed for broadcast construction permits that must be resolved through competitive bidding, contain information about the method of competitive bidding to be used and more detailed instructions on submitting bids and otherwise participating in the auction. In the event applications are submitted that are not mutually exclusive with any other application in the same service, or in the event that any applications that are submitted that had been mutually exclusive with other applications in the same service are resolved as a result of the dismissal or modification of any applications, the non-mutually exclusive applications will be identified by public notice and will not be subject to auction. ( b ) To participate in broadcast service auctions, or to apply for a noncommercial educational station, as described in 47 U.S.C. 397(6) , on a non-reserved channel, all applicants must timely submit short-form applications (FCC Form 175), along with all required certifications, information and exhibits, pursuant to the provisions of § 1.2105(a) of this chapter and any Commission public notices. So determinations of mutual exclusivity for auction purposes can be made, applicants for non-table broadcast services must also submit the engineering data contained in the appropriate FCC form (FCC Form 301, FCC Form 346, or FCC Form 349). Beginning January 1, 1999, all short-form applications must be filed electronically. If any application for a noncommercial educational broadcast station, as described in 47 U.S.C. 397(6) , is mutually exclusive with applications for commercial broadcast stations, and the applicants that have the opportunity to resolve the mutually exclusivity pursuant to paragraphs (c) and (d) of this section fail to do so, the application for noncommercial educational broadcast station, as described in 47 U.S.C. 397(6) , will be returned as unacceptable for filing, and the remaining applications for commercial broadcast stations will be processed in accordance with competitive bidding procedures. ( c ) Applicants in all broadcast service auctions, and applicants for noncommercial educational stations, as described in 47 U.S.C. 397(6) , on non-reserved channels will be subject to the provisions of § 1.2105(b) of this chapter regarding the modification and dismissal of their short-form applications. Notwithstanding the general applicability of § 1.2105(b) of this chapter to broadcast auctions, and applicants for noncommercial educational stations, as described in 47 U.S.C. 397(6) , on non-reserved channels, the following applicants will be permitted to resolve their mutual exclusivities by making amendments to their engineering submissions following the filing of their short-form applications: ( 1 ) Applicants for all broadcast services who file major modification applications that are mutually exclusive with each other; ( 2 ) Applicants for all broadcast services who file major modification and new station applications that are mutually exclusive with each other; or ( 3 ) Applicants for the secondary broadcast services who file applications for new stations that are mutually exclusive with each other. ( d ) The prohibition of collusion set forth in § 1.2105(c) of this chapter , which becomes effective upon the filing of short-form applications, shall apply to all broadcast service auctions. Notwithstanding the general applicability of § 1.2105(c) of this chapter to broadcast auctions, the following applicants will be permitted to resolve their mutual exclusivities by means of engineering solutions or settlements during a limited period after the filing of short-form applications, as further specified by Commission public notices: ( 1 ) Applicants for all broadcast services who file major modification applications that are mutually exclusive with each other; ( 2 ) Applicants for all broadcast services who file major modification and new station applications that are mutually exclusive with each other; or ( 3 ) Applicants for the secondary broadcast services who file applications for new stations that are mutually exclusive with each other. ( e ) Applicants seeking to resolve their mutual exclusivities by means of engineering solution or settlement during a limited period as specified by public notice, pursuant to paragraph (d) of this section, may submit a non-universal engineering solution or settlement proposal, so long as such engineering solution or settlement proposal results in the grant of at least one application from the mutually exclusive group. A technical amendment submitted under this subsection must resolve all of the applicant's mutual exclusivities with respect to the other applications in the specified mutually exclusive application group. [ 69 FR 72043 , Dec. 10, 2004, as amended at 75 FR 9806 , Mar. 4, 2010] § 73.5003 Submission of full payments. Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to § 1.2109(a) of this chapter . If a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline as specified by the Commission, it will be allowed to make payment within ten (10) business days after the payment deadline, provided that it also pays a late fee equal to five (5) percent of the amount due in accordance with § 1.2109(a) of this chapter . Broadcast construction permits will be granted by the Commission only after full and timely payment of winning bids and any applicable late fees and in accordance with the provisions of this section. [ 71 FR 6228 , Feb. 7, 2006] § 73.5004 [Reserved] § 73.5005 Filing of long-form applications. ( a ) Within thirty (30) days following the close of bidding and notification to the winning bidders, unless a longer period is specified by public notice, each winning bidder must submit an appropriate long-form application (FCC Form 2100) for each construction permit or license for which it was the high bidder. Long-form applications filed by winning bidders shall include the exhibits required by § 1.2107(d) of this chapter (concerning any bidding consortia or joint bidding arrangements); § 1.2110(j) of this chapter (concerning designated entity status, if applicable); and § 1.2112 of this chapter (concerning disclosure of ownership and real party in interest information, and, if applicable, disclosure of gross revenue information for small business applicants). ( b ) The long-form application should be submitted pursuant to the rules governing the service in which the applicant is a high bidder and according to the procedures for filing such applications set out by public notice. When electronic procedures become available for the submission of long-form applications, the Commission may require all winning bidders to file their long-form applications electronically. ( c ) An applicant that fails to submit the required long-form application under this section, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in 47 CFR 1.2104(g) . ( d ) An applicant whose short-form application, submitted pursuant to § 73.5002(b) , was not mutually exclusive with any other short-form application in the same service, or whose short-form application was mutually exclusive only with one or more short-form applications for a noncommercial educational broadcast station, as described in 47 U.S.C. 397(6) , shall submit an appropriate long-form application within thirty (30) days following release of a public notice identifying any such non-mutually exclusive applicants. The long-form application should be submitted pursuant to the rules governing the relevant service and according to any procedures for filing such applications set out by public notice. The long-form application filed by a non-mutually exclusive applicant need not contain the additional exhibits, identified in paragraph (a) of this section, required to be submitted with the long-form applications filed by winning bidders. When electronic procedures become available, the Commission may require any non-mutually exclusive applicants to file their long-form applications electronically. [ 63 FR 48629 , Sept. 11, 1998, as amended at 67 FR 45375 , July 9, 2002; 68 FR 26229 , May 15, 2003; 68 FR 43000 , July 21, 2003; 69 FR 72044 , Dec. 10, 2004; 75 FR 9806 , Mar. 4, 2010; 89 FR 7262 , Feb. 1, 2024] § 73.5006 Filing of petitions to deny against long-form applications. ( a ) As set forth in 47 CFR 1.2108 , petitions to deny may be filed against the long-form applications filed by winning bidders in broadcast service auctions and against the long-form applications filed by applicants whose short-form applications were not mutually exclusive with any other applicant, or whose short-form applications were mutually exclusive only with one or more short-form applications for a noncommercial educational broadcast station, as described in 47 U.S.C. 397(6) . ( b ) Within ten (10) days following the issuance of a public notice announcing that a long-form application for an AM, FM or television construction permit has been accepted for filing, petitions to deny that application may be filed in LMS. Within fifteen (15) days following the issuance of a public notice announcing that a long-form application for a low-power television, television translator or FM translator construction permit has been accepted for filing, petitions to deny that application may be filed. Any such petitions must contain allegations of fact supported by affidavit of a person or persons with personal knowledge thereof. ( c ) An applicant may file an opposition to any petition to deny, and the petitioner a reply to such opposition. Allegations of fact or denials thereof must be supported by affidavit of a person or persons with personal knowledge thereof. In the AM, FM and television broadcast services, the time for filing such oppositions shall be five (5) days from the filing date for petitions to deny, and the time for filing replies shall be five (5) days from the filing date for oppositions. In the low-power television, television translator and FM translator broadcast services, the time for filing such oppositions shall be fifteen (15) days from the filing date for petitions to deny, and the time for filing replies shall be ten (10) days from the filing date for oppositions. ( d ) Broadcast construction permits will be granted by the Commission only if the Commission denies or dismisses all petitions to deny, if any are filed, and is otherwise satisfied that an applicant is qualified, and after full and timely payment of winning bids and any applicable late fees. See 47 CFR 73.5003 . Construction of broadcast stations shall not commence until the grant of such permit or license to the winning bidder and only after full and timely payment of winning bids and any applicable late fees. [ 69 FR 72044 , Dec. 10, 2004, as amended at 71 FR 6228 , Feb. 7, 2006; 89 FR 7263 , Feb. 1, 2024] § 73.5007 Designated entity provisions. ( a ) New entrant bidding credit. A winning bidder that qualifies as a “new entrant” may use a bidding credit to lower the cost of its winning bid on any broadcast construction permit. Any winning bidder claiming new entrant status must have de facto, as well as de jure, control of the entity utilizing the bidding credit. A thirty-five (35) percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, have no attributable interest in any other media of mass communications, as defined in § 73.5008 . A twenty-five (25) percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, have an attributable interest in no more than three mass media facilities. No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed broadcast or secondary broadcast station, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, have attributable interests in more than three mass media facilities. Attributable interests held by a winning bidder in existing low power television, television translator or FM translator facilities will not be counted among the bidder's other mass media interests in determining eligibility for a bidding credit. Eligibility for the new entrant bidding credit must be specified in an applicant's FCC Form 175 application, and the new entrant bidding credit specified in an applicant's FCC Form 175 application establishes that applicant's maximum bidding credit eligibility for that auction. Any post-FCC Form 175 filing change in the applicant's circumstances underlying its new entrant bidding credit eligibility claim, or that of any attributable interest-holder in the applicant, must be reported to the Commission immediately, and no later than five business days after the change occurs. Any such post-FCC Form 175 filing change may cause a reduction or elimination of the new entrant bidding credit claimed in the applicant's FCC Form 175 application, if the change would cause the applicant not to qualify for the originally claimed new entrant bidding credit under the eligibility provisions of § 73.5007 , and the change occurred prior to grant of the construction permit to the applicant. Final determinations regarding new entrant status will be made at the time of long form construction permit application grant. Applicants whose eligibility is lost or reduced subsequent to the FCC Form 175 filing must, before a construction permit will be issued, make such payments as are necessary to account for the difference between claimed and actual bidding credit eligibility. ( b ) The new entrant bidding credit is not available to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, have an attributable interest in any existing media of mass communications in the same area as the proposed broadcast or secondary broadcast facility. ( 1 ) Any existing media of mass communications will be considered in the “same area” as a proposed broadcast or secondary broadcast facility if the relevant defined service areas of the existing mass media facilities partially overlap, or are partially overlapped by, the proposed broadcast or secondary broadcast facility's relevant contour. ( 2 ) For purposes of determining whether any existing media of mass communications is in the “same area” as a proposed broadcast or secondary broadcast facility, the relevant defined service areas of the existing mass media facilities shall be as follows: ( i ) AM broadcast station—principal community contour ( see § 73.24(i) ); ( ii ) FM Broadcast station—principal community contour ( see § 73.315(a) ); ( iii ) Television broadcast station—the noise limited contour ( see § 73.619(c) ); ( iv ) Cable television system—the franchised community of a cable system; and ( v ) Daily newspaper—community of publication. ( 3 ) For purposes of determining whether a proposed broadcast or secondary broadcast facility is in the “same area” as an existing mass media facility, the relevant contours of the proposed broadcast or secondary broadcast facility shall be as follows: ( i ) AM broadcast station—principal community contour ( see § 73.24(i) ); ( ii ) FM broadcast station—principal community contour ( see § 73.315(a) ); ( iii ) FM translator station—predicted, protected contour (see § 74.1204(a) of this chapter ); ( iv ) Television broadcast station—the noise limited contour ( see § 73.619(c) ). ( v ) Low power television or television translator station—predicted, protected contour (see § 74.792(a) of this chapter ). ( c ) Unjust enrichment. If a licensee or permittee that utilizes a new entrant bidding credit under this subsection seeks to assign or transfer control of its license or construction permit to an entity not meeting the eligibility criteria for the bidding credit, the licensee or permittee must reimburse the U.S. Government for the amount of the bidding credit, plus interest based on the rate for ten-year U.S. Treasury obligations applicable on the date the construction permit was originally granted, as a condition of Commission approval of the assignment or transfer. If a licensee or permittee that utilizes a new entrant bidding credit seeks to assign or transfer control of a license or construction permit to an entity that is eligible for a lower bidding credit, the difference between the bidding credit obtained by the assigning party and the bidding credit for which the acquiring party would qualify, plus interest based on the rate for ten-year U.S. Treasury obligations applicable on the date the construction permit was originally granted, must be paid to the U.S. Government as a condition of Commission approval of the assignment or transfer. The amount of the reimbursement payments will be reduced over time. An assignment or transfer in the first two years after issuance of the construction permit to the winning bidder will result in a forfeiture of one hundred (100) percent of the value of the bidding credit; during year three, of seventy-five (75) percent of the value of the bidding credit; in year four, of fifty (50) percent; in year five, twenty-five (25) percent; and thereafter, no payment. If a licensee or permittee who utilized a new entrant bidding credit in obtaining a broadcast license or construction permit acquires within this five-year reimbursement period an additional broadcast facility or facilities, such that the licensee or permittee would not have been eligible for the new entrant credit, the licensee or permittee will generally not be required to reimburse the U.S. Government for the amount of the bidding credit. Note 1 to § 73.5007 : For purposes of paragraph (b)(3)(ii) of this section, the contour of the proposed new FM broadcast station is based on the maximum class facilities at the FM allotment site, which is defined as the perfectly circular standard 70 dBu contour distance for the class of station. [ 64 FR 24526 , May 7, 1999, as amended at 68 FR 46358 , Aug. 5, 2003; 69 FR 72045 , Dec. 10, 2004; 75 FR 9807 , Mar. 4, 2010; 89 FR 7263 , Feb. 1, 2024] § 73.5008 Definitions applicable for designated entity provisions. ( a ) Scope. The definitions in this section apply to 47 CFR 73.5007 , unless otherwise specified in that section. ( b ) A medium of mass communications means a daily newspaper; a cable television system; or a license or construction permit for a television broadcast station, an AM or FM broadcast station, or a direct broadcast satellite transponder. ( c ) ( 1 ) An attributable interest in a winning bidder or in a medium of mass communications shall be determined in accordance with § 73.3555 and Note 2 to § 73.3555 . In addition, any interest held by an individual or entity with an equity and/or debt interest(s) in a winning bidder shall be attributed to that winning bidder for purposes of determining its eligibility for the new entrant bidding credit, if the equity (including all stockholdings, whether voting or nonvoting, common or preferred) and debt interest or interests, in the aggregate, exceed thirty-three (33) percent of the total asset value (defined as the aggregate of all equity plus all debt) of the winning bidder. ( 2 ) Notwithstanding paragraph (c)(1) of this section, where the winning bidder is an eligible entity, the combined equity and debt of the interest holder in the winning bidder may exceed the 33 percent threshold therein without triggering attribution, provided that: ( i ) The combined equity and debt of the interest holder in the winning bidder is less than 50 percent, or ( ii ) The total debt of the interest holder in the winning bidder does not exceed 80 percent of the asset value of the winning bidder and the interest holder does not hold any equity interest, option, or promise to acquire an equity interest in the winning bidder or any related entity. For purposes of paragraph (c)(2) of this section, an “eligible entity” shall include any entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping, as set forth in 13 CFR 121.201 , at the time the transaction is approved by the FCC, and holds: ( A ) 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet; or ( B ) 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or ( C ) More than 50 percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded company. [ 63 FR 48629 , Sept. 11, 1998, as amended at 64 FR 24527 , May 7, 1999; 64 FR 44858 , Aug. 18, 1999; 69 FR 72045 , Dec. 10, 2004; 73 FR 28370 , May 16, 2008; 75 FR 27200 , May 14, 2010] § 73.5009 Assignment or transfer of control. ( a ) The unjust enrichment provisions found at § 1.2111(b) through (e) of this chapter shall not apply to applicants seeking approval of a transfer of control or assignment of a broadcast construction permit or license within three years of receiving such permit or license by means of competitive bidding. ( b ) The ownership disclosure requirements found at § 1.2112(a) of this chapter shall not apply to an applicant seeking consent to assign or transfer control of a broadcast construction permit or license awarded by competitive bidding. [ 67 FR 45375 , July 9, 2002, as amended at 68 FR 43000 , July 21, 2003] Subpart J—Class A Television Broadcast Stations Source: 65 FR 30009 , May 10, 2000, unless otherwise noted. § 73.6000 Definitions. For the purpose of this subpart, the following definition applies: Locally produced programming is programming produced within the predicted noise-limited contour ( see § 73.619(c) ) of a Class A station broadcasting the program or within the contiguous predicted noise-limited contours of any of the Class A stations in a commonly owned group. Note to § 73.6000 : See Report and Order, In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, released April 4, 2000; Memorandum Opinion and Order on Reconsideration, In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, released April 13, 2001; Report and Order, In the Matter of Elimination of Main Studio Rule, MB Docket No. 17-106, released October 24, 2017. [ 82 FR 57884 , Dec. 8, 2017, as amended at 89 FR 7263 , Feb. 1, 2024] § 73.6001 Eligibility and service requirements. ( a ) Qualified low power television licensees which, during the 90-day period ending November 28, 1999, operated their stations in a manner consistent with the programming and operational standards set forth in the Community Broadcasters Protection Act of 1999, may be accorded primary status as Class A television licensees. ( b ) Class A television broadcast stations are required to: ( 1 ) Broadcast a minimum of 18 hours per day; and ( 2 ) Broadcast an average of at least three hours per week of locally produced programming each quarter. ( c ) Licensed Class A television broadcast stations shall be accorded primary status as a television broadcaster as long as the station continues to meet the minimum operating requirements for Class A status. ( d ) Licensees unable to continue to meet the minimum operating requirements for Class A television stations, or which elect to revert to low power television status, shall promptly notify the Commission, in writing, and request a change in status. § 73.6002 Licensing requirements. ( a ) A Class A television broadcast license will only be issued to a qualified low power television licensee that: ( 1 ) Filed a Statement of Eligibility for Class A Low Power Television Station Status on or before January 28, 2000, which was granted by the Commission; and ( 2 ) Files an acceptable application for a Class A Television license (FCC Form 302-CA). §§ 73.6003-73.6005 [Reserved] § 73.6006 Channel assignments. Class A TV stations will not be authorized on channels unavailable for TV broadcast station use pursuant to § 73.603 . [ 86 FR 66213 , Nov. 22, 2021] § 73.6007 Power limitations. An application to change the facilities of an existing Class A TV station will not be accepted if it requests an effective radiated power that exceeds the power limitation specified in § 74.735 of this chapter . § 73.6008 Distance computations. The distance between two reference points must be calculated in accordance with § 73.208(c) of this part . § 73.6010 Class A TV station protected contour. ( a ) - ( b ) [Reserved] ( c ) A Class A TV station will be protected from interference within the following predicted signal contours: ( 1 ) 43 dBu for stations on Channels 2 through 6; ( 2 ) 48 dBu for stations on Channels 7 through 13; and ( 3 ) 51 dBu for stations on Channels 14 through 36. ( d ) The Class A TV station protected contour is calculated from the effective radiated power and antenna height above average terrain, using the F(50,90) signal propagation method specified in § 73.619(b)(1) . ( e ) A digital Class A DTS station will be protected from interference within its Class A DTS protected area as defined by § 73.6023(d) . [ 86 FR 66213 , Nov. 22, 2021, as amended at 86 FR 21227 , Apr. 22, 2021; 89 FR 7263 , Feb. 1, 2024] § 73.6017 Class A TV station protection of Class A TV stations. An application to change the facilities of a Class A TV station will not be accepted if it fails to protect authorized Class A stations in accordance with the requirements of § 74.793 (b) through (d) and § 74.793(g) of this chapter . This protection must be afforded to applications for changes in other authorized Class A stations filed prior to the date the Class A application is filed. [ 89 FR 7263 , Feb. 1, 2024] § 73.6018 Class A TV station protection of TV stations. Class A TV stations must protect the TV service that would be provided by the facilities specified in the Table of TV Allotments in § 73.622(j) , by authorized TV stations, and by applications that propose to expand TV stations' allotted or authorized coverage contour in any direction. Protection of these allotments, stations, and applications must be based on meeting the requirements of § 74.793 (b) through (e) of this chapter . An application to change the facilities of a Class A TV station will not be accepted if it fails to protect these TV allotments, stations, and applications in accordance with this section. [ 89 FR 7263 , Feb. 1, 2024] § 73.6019 Class A TV station protection of low power TV and TV translator stations. An application to change the facilities of a Class A TV station will not be accepted if it fails to protect authorized low power TV and TV translator stations in accordance with the requirements of § 74.793(b) through (d) and (h) of this chapter . This protection must be afforded to applications for changes filed prior to the date the Class A station application is filed. [ 89 FR 7263 , Feb. 1, 2024] § 73.6020 Protection of stations in the land mobile radio service. An application to change the facilities of an existing Class A TV station will not be accepted if it fails to protect stations in the land mobile radio service pursuant to the requirements specified in § 74.709 of this chapter . [ 89 FR 7263 , Feb. 1, 2024] § 73.6022 Negotiated interference and relocation agreements. ( a ) Notwithstanding the technical criteria in this subpart J of this part , subpart E of this part , and subpart G of part 74 of this chapter regarding interference protection to and from Class A TV stations, Class A TV stations may negotiate agreements with parties of authorized and proposed TV, LPTV, TV translator, Class A TV stations or other affected parties to resolve interference concerns; provided, however, other relevant requirements are met with respect to the parties to the agreement. A written and signed agreement must be submitted with each application or other request for action by the Commission. Negotiated agreements under this paragraph can include the exchange of money or other considerations from one entity to another. Applications submitted pursuant to the provisions of this paragraph (a) will be granted only if the Commission finds that such action is consistent with the public interest. ( b ) [Reserved] [ 89 FR 7263 , Feb. 1, 2024] § 73.6023 Distributed transmission systems. ( a ) Station licensees may operate a commonly owned group of Class A stations with contiguous predicted TV noise-limited contours (pursuant to § 73.619(c) ) on a common television channel in a distributed transmission system. ( b ) A Class A TV station may be authorized to operate multiple synchronized transmitters on its assigned channel to provide service consistent with the requirements of this section. Such operation is called a distributed transmission system (DTS). Except as expressly provided in this section, Class A stations operating a DTS facility must comply with all rules in this part applicable to Class A single-transmitter stations. ( c ) For purposes of compliance with this section, a Class A station's “authorized facility” is the facility authorized for the station in a license or construction permit for non-DTS, single-transmitter-location operation. A Class A station's “authorized service area” is defined as the area within its protected contour (described by § 73.6010(c) ) as determined using the authorized facility. ( d ) The protected area for each DTS transmitter is determined based on the F(50,90) field strength given in § 73.6010(c) , calculated in accordance with § 73.625(b) . The combined protected area of a Class A DTS station is the logical union of the protected areas of all DTS transmitters, that falls within the station's authorized service area as defined in paragraph (c) of this section. ( e ) The DTS limiting area for each DTS transmitter is determined using the field strength from § 73.6010(c) and the F(50,50) curves. ( f ) An application proposing use of DTS will not be accepted for filing unless it meets all of the following conditions: ( 1 ) The combined protected area covers all of the applicant's authorized service area; ( 2 ) Each DTS transmitter's Class A DTS limiting contour falls within the authorized facility's Class A DTS limiting contour; ( 3 ) Each DTS transmitter's protected area is contiguous with at least one other DTS transmitter's protected area; ( 4 ) The “combined field strength” of all DTS transmitters in a network does not cause interference to another station in excess of the criteria specified in §§ 73.6017 , 73.6018 , 73.6019 , and 73.6020 . The combined field strength at a given location is determined by a “root-sum-square” calculation, in which the combined field strength is equal to the square root of the sum of the squared field strengths from each transmitter in the DTS network at that location; and ( 5 ) Each DTS transmitter must be located within the station's authorized service area. ( g ) All transmitters operating under a single Class A DTS license must follow the same digital broadcast television transmission standard. [ 89 FR 7264 , Feb. 1, 2024] § 73.6024 Transmission standards and system requirements. ( a ) A Class A TV station must meet the requirements of §§ 73.682 and 73.687 , except as provided in paragraph (b) of this section. ( b ) A Class A TV station may continue to operate with the transmitter operated under its previous LPTV license, provided such operation does not cause any condition of uncorrectable interference due to radiation of radio frequency energy outside of the assigned channel. Such operation must continue to meet the requirements of § 74.750 of this chapter . ( c ) [Reserved] ( d ) A Class A station must meet the emission requirements of § 74.794 of this chapter . Stations within 275 kilometers of the US-Mexico border shall specify the full-service emission mask. [ 65 FR 30009 , May 10, 2000, as amended at 66 FR 21690 , May 1, 2001; 69 FR 69331 , Nov. 29, 2004; 89 FR 7264 , Feb. 1, 2024] § 73.6025 Antenna system and station location. ( a ) Applications for modified Class A TV facilities proposing the use of directional antenna systems must include all appropriate documentation specified in § 73.625(c)(3) . ( b ) [Reserved] ( c ) Where a Class A TV licensee or permittee proposes to mount its antenna on or near an AM tower, as defined in § 1.30002 , the Class A TV licensee or permittee must comply with § 1.30003 or § 1.30002 . ( d ) Class A TV stations are subject to the provisions in § 73.617(d) regarding blanketing interference. [ 65 FR 30009 , May 10, 2000, as amended at 78 FR 66298 , Nov. 5, 2013; 89 FR 7264 , Feb. 1, 2024] § 73.6026 Broadcast regulations applicable to Class A television stations. The following rules are applicable to Class A television stations: ( a ) Section 73.603 Numerical designation of television channels. ( b ) Section 73.624(b), (c), and (g) Television broadcast stations. ( c ) Section 73.658 Affiliation agreements and network program practice; territorial exclusivity in non-network program arrangements. ( d ) Section 73.664 Determining operating power. ( e ) Section 73.670 Commercial limits in children's programs. ( f ) Section 73.671 Educational and informational programming for children. ( g ) Section 73.673 Public information initiatives regarding educational and informational programming for children. ( h ) Section 73.688 Indicating instruments. ( i ) Section 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. ( j ) Section 73.3615(a) and (g) Ownership reports. [ 89 FR 7264 , Feb. 1, 2024] § 73.6028 Class A television channel sharing outside the incentive auction. ( a ) Eligibility. Subject to the provisions of this section, Class A television stations may voluntarily seek Commission approval to share a single six megahertz channel with other Class A, full power, low power, or TV translator television stations. ( b ) Licensing of channel sharing stations. ( 1 ) Each station sharing a single channel pursuant to this section shall continue to be licensed and operated separately, have its own call sign, and be separately subject to all of the Commission's obligations, rules, and policies. ( 2 ) A station relinquishing its channel must file an application for a construction permit, include a copy of the Channel Sharing Agreement (CSA) as an exhibit, and cross reference the other sharing station(s). Any engineering changes necessitated by the CSA may be included in the station's application. Upon initiation of shared operations, the station relinquishing its channel must notify the Commission that it has terminated operation pursuant to § 73.1750 and each sharing station must file an application for license. ( c ) Channel sharing between Class A television stations and full power, low power television, and TV translator stations. ( 1 ) A Class A television sharee station (defined as a station relinquishing a channel in order to share) that is a party to a CSA with a full power television sharer station (defined as the station hosting a sharee pursuant to a CSA) must comply with the rules of this part governing power levels and interference, and must comply in all other respects with the rules and policies applicable to Class A television stations, as set forth in §§ 73.6000 through 73.6027 . ( 2 ) A Class A television sharee station that is a party to a CSA with a low power television or TV translator sharer station must comply with the rules of part 74 of this chapter governing power levels and interference that are applicable to low power television or TV translator stations, and must comply in all other respects with the rules and policies applicable to Class A television stations, as set forth in §§ 73.6000 through 73.6027 . ( d ) Deadline for implementing CSAs. CSAs submitted pursuant to this section must be implemented within three years of the grant of the initial channel sharing construction permit. ( e ) Channel sharing agreements (CSAs). ( 1 ) CSAs submitted under this section must contain provisions outlining each licensee's rights and responsibilities regarding: ( i ) Access to facilities, including whether each licensee will have unrestrained access to the shared transmission facilities; ( ii ) Allocation of bandwidth within the shared channel; ( iii ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; ( iv ) Transfer/assignment of a shared license, including the ability of a new licensee to assume the existing CSA; and ( v ) Termination of the license of a party to the CSA, including reversion of spectrum usage rights to the remaining parties to the CSA. ( 2 ) CSAs must include provisions: ( i ) Affirming compliance with the channel sharing requirements in this section and all relevant Commission rules and policies; and ( ii ) Requiring that each channel sharing licensee shall retain spectrum usage rights adequate to ensure a sufficient amount of the shared channel capacity to allow it to provide at least one Standard Definition program stream at all times. ( f ) Termination and assignment/transfer of shared channel. ( 1 ) Upon termination of the license of a party to a CSA, the spectrum usage rights covered by that license may revert to the remaining parties to the CSA. Such reversion shall be governed by the terms of the CSA in accordance with paragraph (e)(1)(v) of this section. If upon termination of the license of a party to a CSA only one party to the CSA remains, the remaining licensee may file an application for license to change its status to non-shared. ( 2 ) If the rights under a CSA are transferred or assigned, the assignee or the transferee must comply with the terms of the CSA in accordance with paragraph (e)(1)(iv) of this section. If the transferee or assignee and the licensees of the remaining channel sharing station or stations agree to amend the terms of the existing CSA, the agreement may be amended, subject to Commission approval. ( g ) Notice to cable systems. ( 1 ) Stations participating in channel sharing agreements must provide notice to cable systems that: ( i ) No longer will be required to carry the station because of the relocation of the station; ( ii ) Currently carry and will continue to be obligated to carry a station that will change channels; or ( iii ) Will become obligated to carry the station due to a channel sharing relocation. ( 2 ) The notice required by this section must contain the following information: ( i ) Date and time of any channel changes; ( ii ) The channel occupied by the station before and after implementation of the CSA; ( iii ) Modification, if any, to antenna position, location, or power levels; ( iv ) Stream identification information; and ( v ) Engineering staff contact information. ( 3 ) Should any of the information in paragraph (g)(2) of this section change, an amended notification must be sent. ( 4 ) Sharee stations must provide notice as required by this section at least 90 days prior to terminating operations on the sharee's channel. Sharer stations and sharee stations must provide notice as required by this section at least 90 days prior to initiation of operations on the sharer channel. Should the anticipated date to either cease operations or commence channel sharing operations change, the stations must send a further notice to affected cable systems informing them of the new anticipated date(s). ( 5 ) Notifications provided to cable systems pursuant to this section must be either mailed to the system's official address of record provided in the cable system's most recent filing in the FCC's Cable Operations and Licensing System (COALS) Form 322, or emailed to the system if the system has provided an email address. [ 82 FR 18250 , Apr. 18, 2017] § 73.6029 Class A television simulcasting during the ATSC 3.0 (Next Gen TV) transition. Cross Reference Link to an amendment published at 88 FR 45367 , July 17, 2023. ( a ) Simulcasting arrangements. For purposes of compliance with the simulcasting requirement in paragraph (b) of this section, a Class A television station may partner with one or more other Class A stations or with one or more full power, LPTV, or TV translator stations in a simulcasting arrangement for purposes of airing either an ATSC 1.0 or ATSC 3.0 signal on a host station's ( i.e., a station whose facilities are being used to transmit programming originated by another station) facilities. ( 1 ) A Class A television station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a full power host station must comply with the rules of Part 73 of this chapter governing power levels and interference, and must comply in all other respects with the rules and policies applicable to Class A television stations, as set forth in this subpart. ( 2 ) A Class A television station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a low power television or TV translator host station must comply with the rules of part 74 of this chapter governing power levels and interference that are applicable to low power television or TV translator stations, and must comply in all other respects with the rules and policies applicable to Class A television stations, as set forth in this subpart. ( b ) Simulcasting requirement. A Class A television station that chooses to air an ATSC 3.0 signal must simulcast the primary video programming stream of that signal in an ATSC 1.0 format. This requirement does not apply to any multicast streams aired on the ATSC 3.0 channel. ( 1 ) The programming aired on the ATSC 1.0 simulcast signal must be “substantially similar” to that aired on the ATSC 3.0 primary video programming stream. For purposes of this section, “substantially similar” means that the programming must be the same except for advertisements, promotions for upcoming programs, and programming features that are based on the enhanced capabilities of ATSC 3.0. These enhanced capabilities include: ( i ) Hyper-localized content (e.g., geo-targeted weather, targeted emergency alerts, and hyper-local news): ( ii ) Programming features or improvements created for the ATSC 3.0 service (e.g., emergency alert “wake up” ability and interactive program features); ( iii ) Enhanced formats made possible by ATSC 3.0 technology (e.g., 4K or HDR); and ( iv ) Personalization of programming performed by the viewer and at the viewer's discretion. ( 2 ) For purposes of paragraph (b)(1) of this section, programming that airs at a different time on the ATSC 1.0 simulcast signal than on the primary video programming stream of the ATSC 3.0 signal is not considered “substantially similar.” ( 3 ) The “substantially similar” requirement in paragraph (b)(1) of this section will sunset on July 17, 2027. ( c ) Coverage requirements for the ATSC 1.0 simulcast signal. For Class A broadcasters that elect temporarily to relocate their ATSC 1.0 signal to the facilities of a host station for purposes of deploying ATSC 3.0 service (and that convert their existing facilities to ATSC 3.0), the station: ( 1 ) Must maintain overlap between the protected contour ( § 73.6010(c) ) of its existing signal and its ATSC 1.0 simulcast signal; ( 2 ) May not relocate its ATSC 1.0 simulcast signal more than 30 miles from the reference coordinates of the relocating station's existing antenna location; and ( 3 ) Must select a host station assigned to the same DMA as the originating station ( i.e., the station whose programming is being transmitted on the host station). ( d ) Coverage requirements for ATSC 3.0 signals. For Class A broadcasters that elect to continue broadcasting in ATSC 1.0 from the station's existing facilities and transmit an ATSC 3.0 signal on the facilities of a host station, the ATSC 3.0 signal must be established on a host station assigned to the same DMA as the originating station. ( e ) Simulcasting agreements. ( 1 ) Simulcasting agreements must contain provisions outlining each licensee's rights and responsibilities regarding: ( i ) Access to facilities, including whether each licensee will have unrestrained access to the host station's transmission facilities; ( ii ) Allocation of bandwidth within the host station's channel; ( iii ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; ( iv ) Conditions under which the simulcast agreement may be terminated, assigned or transferred; and ( v ) How a guest station's ( i.e., a station originating programming that is being transmitted using the facilities of a host station) signal may be transitioned off the host station. ( 2 ) Broadcasters must maintain a written copy of any simulcasting agreement and provide it to the Commission upon request. ( f ) Licensing of simulcasting stations and stations converting to ATSC 3.0 operation. ( 1 ) Each station participating in a simulcasting arrangement pursuant to this section shall continue to be licensed and operated separately, have its own call sign, and be separately subject to all applicable Commission obligations, rules, and policies. ATSC 1.0 and ATSC 3.0 signals aired on the facilities of a host station will be licensed as temporary second channels of the originating station. The Commission will include a note on the originating station's license identifying any ATSC 1.0 or ATSC 3.0 signal being aired on the facilities of a host station. The Commission will also include a note on a host station's license identifying any ATSC 1.0 or ATSC 3.0 guest signal(s) being aired on the facilities of the host station. ( 2 ) Application required. A Class A broadcaster must file an application (FCC Form 2100) with the Commission, and receive Commission approval, before: ( i ) Moving its ATSC 1.0 signal to the facilities of a host station, moving that signal from the facilities of an existing host station to the facilities of a different host station, or discontinuing an ATSC 1.0 guest signal; ( ii ) Commencing the airing of an ATSC 3.0 signal on the facilities of a host station (that has already converted to ATSC 3.0 operation), moving its ATSC 3.0 signal to the facilities of a different host station, or discontinuing an ATSC 3.0 guest signal; or ( iii ) Converting its existing station to transmit an ATSC 3.0 signal or converting the station from ATSC 3.0 back to ATSC 1.0 transmissions. ( 3 ) Streamlined process. With respect to an application in paragraph (f)(2) of this section, a Class A broadcaster may file only an application for modification of license provided no other changes are being requested in such application that would require the filing of an application for a construction permit as otherwise required by the rules ( see, e.g., § 73.1690 ). ( 4 ) Host station. A host station must first make any necessary changes to its facilities before a guest station may file an application to air a 1.0 or 3.0 signal on such host. ( 5 ) Expedited processing. An application filed in accordance with the streamlined process in paragraph (f)(3) of this section will receive expedited processing provided, for stations requesting to air an ATSC signal on the facilities of a host station, the station will provide ATSC 1.0 service to at least 95 percent of the predicted population within the noise limited service contour of its original ATSC 1.0 facility. ( 6 ) Required information. ( i ) An application in paragraph (f)(2) of this section must include the following information: ( A ) The station serving as the host, if applicable; ( B ) The technical facilities of the host station, if applicable; ( C ) The DMA of the originating broadcaster's facility and the DMA of the host station, if applicable; and ( D ) Any other information deemed necessary by the Commission to process the application. ( ii ) If an application in paragraph (f)(2) of this section includes a request to air an ATSC 1.0 signal on the facilities of a host station, the broadcaster must, in addition to the information in paragraph (f)(6)(i), also indicate on the application: ( A ) The predicted population within the protected contour served by the station's original ATSC 1.0 signal; ( B ) The predicted population within the protected contour served by the station's original ATSC 1.0 signal that will lose the station's ATSC 1.0 service as a result of the simulcasting arrangement, including identifying areas of service loss by providing a contour overlap map; and ( C ) Whether the ATSC 1.0 simulcast signal aired on the host station will serve at least 95 percent of the population in paragraph (f)(6)(ii)(A) of this section. ( iii ) ( A ) If an application in paragraph (f)(2) of this section includes a request to air an ATSC 1.0 signal on the facilities of a host station and does not meet the 95 percent standard in paragraph (f)(6)(ii) of this section, the application must contain, in addition to the information in paragraphs (f)(6)(i) and (ii) of this section, the following information: ( 1 ) Whether there is another possible host station(s) in the market that would result in less service loss to existing viewers and, if so, why the Next Gen TV broadcaster chose to partner with a host station creating a larger service loss; ( 2 ) What steps, if any, the station plans to take to minimize the impact of the service loss (e.g., providing ATSC 3.0 dongles, set-top boxes, or gateway devices to viewers in the loss area); and ( 3 ) The public interest benefits of the simulcasting arrangement and a showing of why the benefit(s) of granting the application would outweigh the harm(s). ( B ) These applications will be considered on a case-by-case basis. ( g ) Consumer education for Next Gen TV stations. ( 1 ) Class A stations that relocate their ATSC 1.0 signals (e.g., moving to a host station's facilities, subsequently moving to a different host, or returning to its original facility) will be required to air daily Public Service Announcements (PSAs) or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations on their existing facilities. Stations that transition directly to ATSC 3.0 will be required to air daily PSAs or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations. ( 2 ) PSAs. Each PSA must be provided in the same language as a majority of the programming carried by the transitioning station and be closed-captioned. ( 3 ) Crawls. Each crawl must be provided in the same language as a majority of the programming carried by the transitioning station. ( 4 ) Content of PSAs or crawls. For stations relocating their ATSC 1.0 signals or transitioning directly to ATSC 3.0, each PSA or crawl must provide all pertinent information to consumers. ( h ) Notice to MVPDs. ( 1 ) Next Gen TV stations relocating their ATSC 1.0 signals (e.g., moving to a temporary host station's facilities, subsequently moving to a different host, or returning to its original facility) must provide notice to MVPDs that: ( i ) No longer will be required to carry the station's ATSC 1.0 signal due to the relocation; or ( ii ) Carry and will continue to be obligated to carry the station's ATSC 1.0 signal from the new location. ( 2 ) The notice required by this section must contain the following information: ( i ) Date and time of any ATSC 1.0 channel changes; ( ii ) The ATSC 1.0 channel occupied by the station before and after commencement of local simulcasting; ( iii ) Modification, if any, to antenna position, location, or power levels; ( iv ) Stream identification information; and ( v ) Engineering staff contact information. ( 3 ) If any of the information in paragraph (h)(2) of this section changes, an amended notification must be sent. ( 4 ) ( i ) Next Gen TV stations must provide notice as required by this section: ( A ) At least 120 days in advance of relocating their ATSC 1.0 signals if the relocation occurs during the post-incentive auction transition period; or ( B ) At least 90 days in advance of relocating their ATSC 1.0 signals if the relocation occurs after the post-incentive auction transition period. ( ii ) If the anticipated date of the ATSC 1.0 signal relocation changes, the station must send a further notice to affected MVPDs informing them of the new anticipated date. ( 5 ) Next Gen TV stations may choose whether to provide notice as required by this section either by a letter notification or electronically via email if the relevant MVPD agrees to receive such notices by email. Letter notifications to MVPDs must be sent by certified mail, return receipt requested to the MVPD's address in the FCC's Online Public Inspection File (OPIF), if the MVPD has an online file. For cable systems that do not have an online file, notices may be sent to the cable system's official address of record provided in the system's most recent filing in the FCC's Cable Operations and Licensing System (COALS). For MVPDs with no official address in OPIF or COALS, the letter must be sent to the MVPD's official corporate address registered with their State of incorporation. [ 83 FR 5024 , Feb. 2, 2018, as amended at 85 FR 43492 , July 17, 2020; 88 FR 45367 , July 17, 2023] § 73.6030 Low Power Protection Act. ( a ) Definitions. For purposes of the Low Power Protection Act, a low power television station's Designated Market Area (DMA) shall be defined as the DMA where its transmission facilities ( i.e., the structure on which its antenna is mounted) are located. DMAs are determined by Nielsen Media Research. A low power television station shall be defined in accordance with § 74.701(k) . ( b ) Eligibility requirements. In order to be eligible for Class A status under the Low Power Television Protection Act, low power television licensees must: ( 1 ) Have been operating in a DMA with not more than 95,000 television households as of January 5, 2023; ( 2 ) Have been broadcasting a minimum of 18 hours per day between October 7, 2022 and January 5, 2023; ( 3 ) Have been broadcasting a minimum of at least three hours per week of locally produced programming between October 7, 2022 and January 5, 2023; ( 4 ) Have been operating in compliance with the Commission's requirements applicable to low power television stations between October 7, 2022 and January 5, 2023; ( 5 ) Be in compliance with the Commission's operating rules for full-power television stations from and after the date of its application for a Class A license; and ( 6 ) Demonstrate that the Class A station for which the license is sought will not cause any interference described in 47 U.S.C. 336(f)(7) . ( c ) Application requirements. Applications for conversion to Class A status must be submitted using FCC Form 2100, Schedule F within one year beginning on the date on which the Commission issues notice that the rules implementing the Low Power Protection Act takes effect. The licensee will be required to submit, as part of its application, a statement concerning the station's operating schedule during the 90 days preceding January 5, 2023 and a list of locally produced programs aired during that time period. The applicant may also submit other documentation, or may be requested by Commission staff to submit other documentation, to support its certification that the licensee meets the eligibility requirements for a Class A license under the Low Power Protection Act. ( d ) Licensing requirements. A Class A television broadcast license will only be issued under the Low Power Protection Act to a low power television licensee that files an application for a Class A Television license (FCC Form 2100, Schedule F), which is granted by the Commission. ( e ) Service requirements. Stations that convert to Class A status pursuant to the Low Power Protection Act are required to meet the service requirements specified in § 73.6001(b) through (d) of this chapter for the term of their Class A license. In addition, such stations must remain in compliance with the programming and operational standards set forth in the Low Power Protection Act for the term of their Class A license. In addition, such stations must continue to operate in DMAs with not more than 95,000 television households in order to maintain their Class A status unless the population in the station's DMA later exceeds 95,000 television households through population growth, a change in the boundaries of a qualifying DMA such that the population of the DMA exceeds 95,000 television households, or the merger of a qualifying DMA into another DMA such that the combined DMA exceeds 95,000 television households. LPPA Class A stations will not be permitted to initiate a move to a different DMA with more than 95,000 television households at the time of the move and still retain their Class A status. ( f ) Other regulations. From and after the date of applying for Class A status under the Low Power Protection Act, stations must comply with the requirements applicable to Class A stations specified in subpart J of this part ( §§ 73.6000 through 73.6029 ) and must continue to comply with such requirements for the term of their Class A license. [ 89 FR 1477 , Jan. 10, 2024, as amended at 89 FR 47088 , May 31, 2024] Subpart K—Application and Selection Procedures for Reserved Noncommercial Educational Channels, and for Certain Applications for Noncommercial Educational Stations on Non-Reserved Channels Source: 65 FR 36380 , June 8, 2000, unless otherwise noted. § 73.7000 Definition of terms (as used in subpart K only). Attributable interest. An interest of an applicant, its parent, subsidiaries, their officers, and members of their governing boards that would be cognizable under the standards in the notes to § 73.3555 . Also an interest of an entity providing more than 33 percent of an applicant's equity and/or debt that also either ( 1 ) supplies more than 15% of the station's weekly programming, or ( 2 ) has an attributable interest pursuant to § 73.3555 in media in the same market. Established local applicant. An applicant that has, for at least the two years (24 months) immediately preceding application, met the definition of local applicant. Local applicant. An applicant physically headquartered, having a campus, or having 75% of board members residing within 25 miles of the reference coordinates for the community to be served, or a governmental entity within its area of jurisdiction. Near reservation lands. Those areas or communities adjacent or contiguous to reservation or other Trust lands which are designated by the Department of Interior's Commission of Indian Affairs upon recommendation of the Local Bureau of Indian Affairs Superintendent, which recommendation shall be based upon consultation with the tribal governing body of those reservations, as locales appropriate for the extension of financial assistance and/or social services on the basis of such general criteria as: Number of Indian people native to the reservation residing in the area; a written designation by the tribal governing body that members of their tribe and family members who are Indian residing in the area, are socially, culturally and economically affiliated with their tribe and reservation; geographical proximity of the area to the reservation and administrative feasibility of providing an adequate level of services to the area. Nonreserved (Unreserved) channels. Channels which are not reserved exclusively for noncommercial educational use, and for which commercial entities could thus be eligible to operate full power stations. Such channels appear without an asterisk designation in the FM Table of Allotments ( § 73.202 ) and TV Table of Allotments ( § 73.622(j) ). In the event of a request to allocate a nonreserved channel as reserved pursuant to § 73.202(a) or § 73.622 )(j), the channel remains classified as nonreserved until release of a Commission decision granting such request. On-air operations. Broadcast of program material to the public pursuant to Commission authority, generally beginning with program test authority, for periods of time that meet any required minimum operating schedule, e.g., § 73.561(a) . Population. The number of people calculated using the most recent census block data provided by the United States Census Bureau. Reservations. Any federally recognized Indian tribe's reservation, pueblo or colony, including former reservations in Oklahoma, Alaska Native regions established pursuant to the Alaska Native Claims Settlements Act (85 Stat. 688) and Indian allotments, for which a Tribe exercises regulatory jurisdiction. Reserved channels. Channels reserved exclusively for noncommercial educational use, whether by the portion of the spectrum in which they are located ( i.e., FM channels 200 to 220) or by a case-by-case Commission allotment decision (channels that appear with an asterisk designation in the FM Table of Allotments ( § 73.202 ) or TV Table of Allotments ( § 73.622(j) ). Tribe. Any Indian or Alaska Native tribe, band, nation, pueblo, village or community which is acknowledged by the federal government to constitute a government-to-government relationship with the United States and eligible for the programs and services established by the United States for Indians. See The Federally Recognized Indian Tribe List Act of 1994 (Indian Tribe Act), Public Law 103-454. 108 Stat. 4791 (1994) (the Secretary of the Interior is required to publish in the Federal Register an annual list of all Indian Tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians). Tribal applicant. ( 1 ) A Tribe or consortium of Tribes, or ( 2 ) An entity that is 51 percent or more owned or controlled by a Tribe or Tribes that occupy Tribal Lands that receive Tribal Coverage. Tribal coverage. ( 1 ) Coverage of a Tribal Applicant's or Tribal Applicants' Tribal Lands by at least 50 percent of a facility's 60 dBu (1 mV/m) contour, or ( 2 ) The facility's 60 dBu (1 mV/m) contour— ( i ) Covers 50 percent or more of a Tribal Applicant's or Tribal Applicants' Tribal Lands, ( ii ) Serves at least 2,000 people living on Tribal Lands, and ( iii ) The total population on Tribal Lands residing within the station's service contour constitutes at least 50 percent of the total covered population. In neither paragraphs (1) nor (2) of this definition may the applicant claim the priority if the proposed principal community contour would cover more than 50 percent of the Tribal Lands of a non-applicant Tribe. To the extent that Tribal Lands include fee lands not owned by Tribes or members of Tribes, the outer boundaries of such lands shall delineate the coverage area, with no deduction of area for fee lands not owned by Tribes or members of Tribes. Tribal lands. Both Reservations and Near reservation lands. This definition includes American Indian Reservations and Trust Lands, Tribal Jurisdiction Statistical Areas, Tribal Designated Statistical Areas, Hawaiian Homelands, and Alaska Native Village Statistical Areas, as well as the communities situated on such lands. [ 65 FR 36380 , June 8, 2000, as amended at 66 FR 15356 , Mar. 19, 2001; 75 FR 9807 , Mar. 4, 2010; 76 FR 18953 , Apr. 6, 2011; 86 FR 66213 , Nov. 22, 2021] § 73.7001 Services subject to evaluation by point system. ( a ) A point system will be used to evaluate mutually exclusive applications for new radio, television, and FM translator facilities, and for major changes to existing facilities, on reserved channels. ( b ) A point system will be used to evaluate mutually exclusive applications for new radio, television, and FM translator facilities, and for major changes to existing facilities, on non-reserved channels, only when all of the mutually exclusive applications are for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6)(A) or 47 U.S.C. 397(6)(B) . ( c ) A point system will be used to evaluate mutually exclusive applications for new television translator and low power television facilities, and for major changes to existing facilities, only when all of the mutually exclusive applications are for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6)(B) . [ 65 FR 36380 , June 8, 2000, as amended at 68 FR 26229 , May 15, 2003] § 73.7002 Fair distribution of service on reserved band FM channels. ( a ) If timely filed applications for full service stations on reserved FM channels are determined to be mutually exclusive, and will serve different communities, the Commission will first determine, as a threshold issue, whether grant of a particular application would substantially further the fair distribution of service goals enunciated in section 307(b) of the Communications Act, 47 U.S.C. 307(b) . ( b ) In an analysis performed pursuant to paragraph (a) of this section, a full-service FM applicant that identifies itself as a Tribal Applicant, that proposes Tribal Coverage, and that proposes the first reserved channel NCE service owned by any Tribal Applicant at a community of license located on Tribal Lands, will be awarded a construction permit. If two or more full-service FM applicants identify themselves as Tribal Applicants and meet the above criteria, the applicant providing the most people with reserved channel NCE service to Tribal Lands will be awarded a construction permit, regardless of the magnitude of the superior service or the populations of the communities of license proposed, if different. If two or more full-service FM applicants identifying themselves as Tribal Applicants each meet the above criteria and propose identical levels of NCE aural service to Tribal Lands, only those applicants shall proceed to be considered together in a point system analysis. In an analysis performed pursuant to paragraph (a) of this section that does not include a Tribal Applicant, a full service FM applicant that will provide the first or second reserved channel noncommercial educational (NCE) aural signal received by at least 10% of the population within the station's 60dBu (1mV/m) service contours will be considered to substantially further fair distribution of service goals and to be superior to mutually exclusive applicants not proposing that level of service, provided that such service to fewer than 2,000 people will be considered insignificant. First service to 2,000 or more people will be considered superior to second service to a population of any size. If only one applicant will provide such first or second service, that applicant will be selected as a threshold matter. If more than one applicant will provide an equivalent level (first or second) of NCE aural service, the size of the population to receive such service from the mutually exclusive applicants will be compared. The applicant providing the most people with the highest level of service will be awarded a construction permit, if it will provide such service to 5,000 or more people than the next best applicant. If none of the applicants in a mutually exclusive group would substantially further fair distribution goals, all applicants will proceed to examination under a point system. If two or more applicants will provide the same level of service to an equivalent number of people (differing by less than 5,000), only those equivalent applicants will be considered together in a point system. ( c ) ( 1 ) For a period of four years of on-air operations, an applicant receiving a decisive preference pursuant to this section is required to construct and operate technical facilities substantially as proposed. During this period, such applicant may make minor modifications to its authorized facilities, provided that either: ( i ) The modification does not downgrade service to the area on which the preference was based; or ( ii ) Any potential loss of first and second NCE service is offset by at least equal first and, separately, combined first and second NCE service population gain(s), and the applicant would continue to qualify for a decisive Section 307(b) preference. ( 2 ) Additionally, for a period beginning from the award of a construction permit through four years of on-air operations, a Tribal Applicant receiving a decisive preference pursuant to this section may not: ( i ) Assign or transfer the authorization except to another party that qualifies as a Tribal Applicant; ( ii ) Change the facility's community of license; or ( iii ) Effect a technical change that would cause the facility to provide less than full Tribal Coverage. [ 65 FR 36380 , June 8, 2000, as amended at 66 FR 15356 , Mar. 19, 2001; 75 FR 9807 , Mar. 4, 2010; 85 FR 7891 , Feb. 12, 2020] § 73.7003 Point system selection procedures. ( a ) If timely filed applications for reserved FM channels or reserved TV channels are determined to be mutually exclusive, applications will be processed and assessed points to determine the tentative selectee for the particular channels. The tentative selectee will be the applicant with the highest point total under the procedure set forth in this section, and will be awarded the requested permit if the Commission determines that an award will serve the public interest, convenience, and necessity. ( b ) Based on information provided in each application, each applicant will be awarded a predetermined number of points under the criteria listed: ( 1 ) Established local applicant. Three points for local applicants, as defined in § 73.7000 , who have been local continuously for no fewer than the two years (24 months) immediately prior to the application filing. ( 2 ) Local diversity of ownership. Two points for applicants with no attributable interests, as defined in § 73.7000 , in any other broadcast station or authorized construction permit (comparing radio to radio and television to television) whose principal community (city grade) contour overlaps that of the proposed station. The principal community (city grade) contour is the 5 mV/m for AM stations, the 3.16 mV/m for FM stations calculated in accordance with § 73.313(c) , and the contour identified in § 73.685(a) for TV. Radio applicants will count commercial and noncommercial AM, FM, and FM translator stations other than fill-in stations. Television applicants will count UHF, VHF, and Class A stations. ( 3 ) State-wide network. Two points for an applicant that does not qualify for the credit for local diversity of ownership, if it is: ( i ) An entity, public or private, with authority over a minimum of 50 accredited full-time elementary and/or secondary schools within a single state, encompassed by the combined primary service contours of the proposed station and its existing station(s), if the existing station(s) are regularly providing programming to the schools in furtherance of the school curriculum and the proposed station will increase the number of schools it will regularly serve; or ( ii ) An accredited public or private institution of higher learning with a minimum of five full time campuses within a single state encompassed by the combined primary service contours of the proposed station and its existing station(s), if the existing station(s) are regularly providing programming to campuses in furtherance of their curriculum and the proposed station will increase the number of campuses it will regularly serve; or ( iii ) An organization, public or private, with or without direct authority over schools, that will regularly provide programming for and in coordination with an entity described in paragraph (b)(3) (i) or (ii) of this section for use in the school curriculum. ( iv ) No entity may claim both the diversity credit and the state-wide network credit in any particular application. ( 4 ) Technical parameters. One point to the applicant covering the largest geographic area and population with its relevant contour (60 dBu for FM and Grade B for TV), provided that the applicant covers both a ten percent greater area and a ten percent greater population than the applicant with the next best technical proposal. The top applicant will receive two points instead of one point if its technical proposal covers both a 25 percent greater area and 25 percent greater population than the next best technical proposal.) ( c ) If the best qualified (highest scoring) two or more applicants have the same point accumulation, the tentative selectee will be determined by a tie-breaker mechanism as follows: ( 1 ) Tie breaker 1. Each applicant's number of attributable existing authorizations (licenses and construction permits, commercial and noncommercial) in the same service (radio or television) nationally, as of the time of application shall be compared, and the applicant with the fewest authorizations will be chosen as tentative selectee. Radio applicants will count commercial and noncommercial AM, FM, and FM translator stations other than fill-in stations. Television applicants will count UHF, VHF, and Class A stations. ( 2 ) Tie breaker 2. If a tie remains after the tie breaker in paragraph (c)(1) of this section, the tentative selectee will be the remaining applicant with the fewest pending new and major change applications in the same service at the time of filing. ( 3 ) Tie breaker 3. If a tie remains after the tie breaker in paragraph (c)(2) of this section, the tentative selectee will be the remaining applicant that can demonstrate that: ( i ) It applied in a previous filing window, and had its application accepted for filing and processed, but subsequently dismissed in favor of an applicant with superior points or a tie-breaker showing; ( ii ) It has been in continuous existence at all times from the date of that previous filing until the present; and ( iii ) It does not hold any NCE construction permit or license. ( 4 ) Voluntary time-sharing. If a tie remains after the tie breaker in paragraph (c)(3) of this section, each of the remaining tied, mutually exclusive applicants will be identified as a tentative selectee and must electronically submit, within 90-days from the release of the public notice or order announcing the remaining tie, any voluntary time-share agreement. Voluntary time-share agreements must be in writing, signed by each time-share proponent, and specify the proposed hours of operation of each time-share proponent. ( 5 ) Mandatory time-sharing. If a tie among mutually exclusive applications is not resolved through voluntary time-sharing in accordance with paragraph (c)(4) of this section, the tied applications will be reviewed for acceptability. Applicants with tied, grantable applications will be eligible for equal, concurrent, non-renewable license terms. ( i ) If a mutually exclusive group has three or fewer tied, grantable applications, the Commission will simultaneously grant these applications, assigning an equal number of hours per week to each applicant. The Commission will require each applicant subject to mandatory time-sharing to simultaneously and confidentially submit their preferred time slots to the Commission. If there are only two tied, grantable applications, the applicants must select between the following 12-hour time slots: 3 a.m.-2:59 p.m., or 3 p.m.-2:59 a.m. If there are three tied, grantable applications, each applicant must rank their preference for the following 8-hour time slots: 2 a.m.-9:59 a.m., 10 a.m.-5:59 p.m., and 6 p.m.-1:59 a.m. The Commission will require the applicants to certify that they did not collude with any other applicants in the selection of time slots. The Commission will give preference to the applicant that has been local, as defined in § 73.7000 , for the longest uninterrupted period of time. In the event an applicant neglects to designate its preferred time slots, staff will select a time slot for that applicant. ( ii ) Groups of more than three tied, grantable applications will not be eligible for licensing under this section. Where such groups exist, the Commission will dismiss all but the applications of the three applicants that have been local, as defined in § 73.7000 , for the longest uninterrupted periods of time. The Commission will then process the remaining applications as set forth in paragraph (c)(4)(i) of this section. ( d ) Settlements. At any time during this process, the applicants may advise the Commission that they are negotiating or have reached settlement, and the Commission will withhold further comparative processing for a reasonable period upon such notification. Settlement may include an agreement to share time on the channel voluntarily or other arrangement in compliance with Commission rules. Parties to a settlement shall comply with § 73.3525 , limiting any monetary payment to the applicant's reasonable and prudent expenses. ( e ) For applications filed after April 21, 2000, an applicant's maximum qualifications are established at the time of application and will be reduced for any post-application changes that negatively affect any evaluation criterion. ( f ) For applications filed on or before April 21, 2000, an applicant's maximum qualifications are established as of the relevant date listed in paragraph (f)(1) , (2) , or (3) of this section. After the relevant date for determining an applicant's maximum points, points will be reduced for any changes that negatively affect any evaluation criterion. Applicants will establish their qualifications according to the following: ( 1 ) If the applicant is in a group for which a “B” cut-off notice issued prior to April 21, 2000 its maximum non-technical qualifications are established as of the date by which applicants must supplement their applications to supply point information, and its maximum technical qualifications are established as of the date of the “B” cut-off notice; ( 2 ) If the applicant is in a group for which an “A” cut-off notice issued prior to April 21, 2000 but for which no “B” cut-off notice issued, its maximum non-technical qualifications are established as of the date by which applicants must supplement their applications to supply point information, and its maximum technical qualifications are established as of April 21, 2000; ( 3 ) If the applicant was neither placed on an “A” cut-off list prior to April 21, 2000 nor filed in response to such an “A” cut-off list, it is subject to competition from applications filed within the first filing window, and its maximum technical and non-technical qualifications will be determined as of the close of the first filing window. [ 65 FR 36380 , June 8, 2000, as amended at 66 FR 15356 , Mar. 19, 2001; 85 FR 7891 , Feb. 12, 2020] § 73.7004 Petitions to deny tentative selectee(s). ( a ) For mutually exclusive applicants subject to the selection procedures in subpart K of this part , Petitions to Deny will be accepted only against the tentative selectee(s). ( b ) Within thirty (30) days following the issuance of a public notice announcing the tentative selection of an applicant through fair distribution ( § 73.7002 ) or point system ( § 73.7003 ) procedures, petitions to deny that application may be filed. Any such petitions must contain allegations of fact supported by affidavit of a person or persons with personal knowledge thereof. ( c ) An applicant may file an opposition to any petition to deny, and the petitioner a reply to such opposition. Allegations of fact or denials thereof must be supported by affidavit of a person or persons with personal knowledge thereof. The time for filing such oppositions shall be 10 days from the filing date for petitions to deny, and the time for filing replies shall be 5 days from the filing date for oppositions. ( d ) If the Commission denies or dismisses all petitions to deny, if any are filed, and is otherwise satisfied that an applicant is qualified, the application will be granted. If the Commission determines that the points originally claimed were higher than permitted, but that there is no substantial and material question of fact of applicant qualifications, it will compare the revised point tally of the tentative selectee to the other mutually exclusive applicants and, either grant the original application or announce a new tentative selectee, as appropriate. If an applicant is found unqualified, the application shall be denied, and the applicant(s) with the next highest point tally named as the new tentative selectee. § 73.7005 Maintenance of comparative qualifications. ( a ) Assignments/Transfers. NCE stations awarded by use of the point system in § 73.7003 shall be subject to a holding period. From the grant of the construction permit and continuing until the facility has achieved four years of on-air operations, an applicant proposing to assign or transfer the construction permit/license to another party will be required to demonstrate the following two factors: that the proposed buyer would qualify for the same number of or greater points as the assignor or transferor originally received; and that consideration received and/or promised does not exceed the assignor's or transferor's legitimate and prudent expenses. For purposes of this section, legitimate and prudent expenses are those expenses reasonably incurred by the assignor or transferor in obtaining and constructing the station (e.g., expenses in preparing an application, in obtaining and installing broadcast equipment to be assigned or transferred, etc.). Costs incurred in operating the station are not recoverable (e.g., rent, salaries, utilities, music licensing fees, etc.). Any successive applicants proposing to assign or transfer the construction permit/license prior to the end of the aforementioned holding period will be required to make the same demonstrations. ( b ) Technical. In accordance with the provisions of § 73.7002 , for a period of four years of on-air operations, an NCE FM applicant receiving a decisive preference for fair distribution of service is required to construct and operate technical facilities substantially as proposed. During this period, such applicant may make minor modifications to its authorized facilities, provided that either: ( 1 ) The modification does not downgrade service to the area on which the preference was based; or ( 2 ) Any potential loss of first and second NCE service is offset by at least equal first and, separately, combined first and second NCE service population gain(s). ( c ) Point system criteria. Any applicant selected based on the point system ( § 73.7003 ) must maintain the characteristics for which it received points for a period of time commencing with the grant of the construction permit and continuing until the station has achieved at least four years of on-air operations. During this time, any applicant receiving points for diversity of ownership ( § 73.7003(b)(2) ) and selected through the point system, is prohibited from: ( 1 ) Acquiring any commercial or noncommercial AM, FM, or non-fill-in FM translator station which would overlap the principal community (city grade) contour of its NCE FM station received through the award of diversity points; ( 2 ) Acquiring any UHF, VHF, or Class A television station which would overlap the principal community (city grade) contour of its NCE television station received through the award of diversity points; ( 3 ) Proposing any modification to its NCE FM station received through the award of diversity points which would create overlap of the principal community (city grade) contour of such station with any attributable authorized commercial or noncommercial AM, FM, or non-fill-in FM translator station; ( 4 ) Proposing any modification to its NCE television station received through the award of diversity points which would create overlap of the principal community (city grade) contour of such station with any attributable authorized UHF, VHF, or Class A television station; ( 5 ) Proposing modifications to any attributable commercial or noncommercial AM, FM, or non-fill-in FM translator station which would create overlap with the principal community (city grade) contour of its NCE FM station received through the award of diversity points; and ( 6 ) Proposing modifications to any attributable UHF, VHF, or Class A television station which would create overlap with the principal community (city grade) contour of its NCE television station received through the award of diversity points. This restriction applies to the applicant itself, any parties to the application, and any party that acquires an attributable interest in the permittee or licensee during this time period. ( d ) Non-comparative permits. The holding period in this section does not apply to construction permits that are awarded on a non-comparative basis, such as those awarded to non-mutually exclusive applicants or through settlement. [ 65 FR 36380 , June 8, 2000, as amended at 85 FR 7891 , Feb. 12, 2020] Subpart L—Incorporated Standards Source: 76 FR 62642 , Oct. 11, 2011, unless otherwise noted. § 73.8000 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the Federal Communications Commission (FCC) must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact the FCC at: Federal Communications Commission's Reference Information Center, located at the address of the FCC's main office indicated in 47 CFR 0.401(a) . For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov . The material may be obtained from the following sources: ( a ) Advanced Television Systems Committee (ATSC), 1300 I Street NW, Suite 400E, Washington, DC 20005; website: www.atsc.org/standards.html . ( 1 ) ATSC A/52: “ATSC Standard Digital Audio Compression (AC-3),” 1995, IBR approved for § 73.682 . ( 2 ) ATSC A/53 Parts 1-4 and 6: 2007 “ATSC Digital Television Standard,” (January 3, 2007) and ATSC A/53 Part 5: 2010 “ATSC Digital Television Standard: Part 5—AC-3 Audio System Characteristic,” (July 6, 2010); IBR approved for § 73.682 . as listed below: ( i ) A/53, Part 1:2007, “Digital Television System” (January 3, 2007). ( ii ) A/53, Part 2:2007, “RF/Transmission System Characteristics” (January 3, 2007). ( iii ) A/53, Part 3:2007, “Service Multiplex and Transport Subsystem Characteristics” (January 3, 2007). ( iv ) A/53, Part 4:2007, “MPEG-2 Video System Characteristics” (January 3, 2007), except for § 6.1.2 of A/53 Part 4: 2007, and the phrase “see Table 6.2” in section 6.1.1 Table 6.1 and section 6.1.3 Table 6.3. ( v ) A/53, Part 5: 2010, “AC-3 Audio System Characteristics” (July 6, 2010). ( vi ) A/53, Part 6:2007, “Enhanced AC-3 Audio System Characteristics” (January 3, 2007). ( 3 ) ATSC A/65C: “ATSC Program and System Information Protocol for Terrestrial Broadcast and Cable, Revision C With Amendment No. 1 dated May 9, 2006,” (January 2, 2006), IBR approved for §§ 73.682 . ( 4 ) ATSC A/85:2013 “ATSC Recommended Practice: Techniques for Establishing and Maintaining Audio Loudness for Digital Television,” (March 12, 2013) (“ATSC A/85 RP”), IBR approved for § 73.682 . ( 5 ) ATSC A/321:2016, “System Discovery and Signaling” (March 23, 2016), IBR approved for § 73.682 . ( 6 ) ATSC A/322:2017 “Physical Layer Protocol” (June 6, 2017), IBR approved for § 73.682 . ( b ) Federal Communications Commission (FCC), Reference Information Center, located at the address of the FCC's main office indicated in 47 CFR 0.401(a) , or at the FCC's Office of Engineering and Technology (OET) website: www.fcc.gov/oet/info/documents/bulletins/ . ( 1 ) OET Bulletin No. 69: “Longley-Rice Methodology for Evaluating TV Coverage and Interference” (February 6, 2004), IBR approved for § 73.616 . ( 2 ) [Reserved] [ 89 FR 7264 , Feb. 1, 2024] Alphabetical Index—Part 73 Rules Apply to All Services, AM, FM, and TV, Unless Indicated as Pertaining to a Specific Service [Policies of FCC are indicated (*)] A Acceptability of broadcast transmitters 73.1660 Access, Prime time (TV) 73.658 Action on applications 73.3591-73.3605 Adjacent channel and co-channel stations, Minimum mileage, separation between— FM 73.207 NCE-FM 73.507 Administrative changes in authorizations— FM 73.212 TV 73.615 Advertising— Refusal to sell 73.4005 (*) Sponsorship identification 73.1212 See also “Commercial” listings. Affiliation agreements and network program practices; territorial exclusivity in non-network program arrangements (TV) 73.658 Affiliation agreements, Networks/stations AM 73.132, 73.3613, 73.4154 (*) FM 73.232, 73.3613, 73.4154 (*) TV 73.658, 73.3613 Agreement, United States-Mexico FM broadcast, Channel assignments under (NCE-FM) 73.504 Agreements, International broadcasting 73.1650 Alarm and monitoring points, Automatic transmission system— AM 73.146 FM 73.346 NCE-FM 73.546 Allocation, Engineering standards of (AM) 73.182 Allocation, Field strength measurements in; establishment of effective field at one mile (AM) 73.186 Allotments, Table of (FM) 73.202 AM antenna systems 73.45 AM broadcast channels, Classes of 73.21, 73.23, 73.25, 73.26, 73.27, 73.29 AM definitions 73.14 AM directional antenna field measurements 73.61 AM: Scope of subpart 73.1 AM stereophonic broadcasting 73.128 AM transmission system emission limitations 73.44 AM transmission system fencing requirements 73.49 Amendments— Major/minor: Renewal, assignment, transfer 73.3578 Matter of right 73.3522 Procedures 73.3513 Ammeters, antenna and common point, Remote reading (AM) 73.57 Announcements required— Designation of application for hearing 73.3594 Donor 73.503, 73.621, 73.1212 Filing of broadcast applications 73.3580 Sponsorship 73.1212 Station I.D 73.1201 Antenna base fences, (AM) 73.49 Antenna, directional, Field measurements (AM) 73.61 Antenna, directional, Field strength measurements to establish performance of (AM) 73.151 Antenna height and Power requirements— FM 73.211 NCE-FM 73.511 TV 73.614 Antenna heights, Minimum, or field strength requirements (AM) 73.189 Antenna monitors (AM) 73.69 Antenna monitors, Requirements for authorization of (AM) 73.53 Antenna monitors, Sampling system for (AM) 73.68 Antenna resistance and reactance; measurements (AM) 73.54 Antenna site, Use of common— FM 73.239 TV 73.635 Antenna testing during daytime (AM) 73.157 Antenna structure, marking and lighting 73.1213 Antenna system tolerances, Directional (AM) 73.62 Antenna system; Transmitter location (TV) 73.685 Antenna systems— AM 73.45 FM 73.316 NCE-FM 73.510 TV 73.685 Antenna systems, Directional (AM) 73.150 Antennas, Auxiliary 73.1675 Antennas, Emergency 73.1680 Application and report forms 73.3500 Applications— Acceptance 73.3564 Agreements for Conflict removal 73.3525 AM station processing 73.3571 Amendment of 73.3522 AM and FM construction permits, incomplete or defective 73.4015 (*) Amendments, renewal and assignment or transfer of control 73.3578 Assign or transfer unbuilt facility 73.3535 Assignment, Involuntary 73.3540 Assignment, Voluntary 73.3540 Call signs 73.3550 Conflicting 73.3518 Conflicts: other North American countries 73.3570 Commission action required 73.3561 Commission action not required 73.3562 Construction period 73.3598 Construction permit extension 73.3534 Construction permit forfeiture 73.3599 Contingent applications 73.3517 Content 73.3514 Copies, number of; when to file 73.3512 Defective 73.3566 Designation for hearing 73.3593 Designation for hearing, public notice 73.3594 Dismissal 73.3568 Emergency authorization 73.3542 Existing station changes 73.3538 Facilities specifications 73.3516 Filing location; number of copies 73.3512 FM, FM translator processing 73.3573 FM stations, Commercial 73.4017 (*) Forfeiture, construction permit 73.3599 Formal; informal 73.3511 Grant, Conditional 73.3592 Grants without hearing 73.3591 Hearing designation 73.3593 Hearing status retention 73.3605 Inconsistent 73.3518 Informal; Formal 73.3511 International station processing 73.3574 License 73.3536 Modification and simultaneous renewal of license 73.3601 Modify authorized-unbuilt facility 73.3535 Modified station license 73.3544 Multiple 73.3520 Mutually exclusive applications for LPTV and TV translator and booster stations 73.3521 Objections, informal, Filing of 73.3587 Operation during repair of defective, required equipment 73.3549 Petitions to deny 73.3584 Program delivery to foreign stations 73.3545 Public notice, Designation for hearing 73.3594 Public notice of filing 73.3580 Renewal 73.3539 Renewal and simultaneous modification of license 73.3601 Repetitious 73.3519 Replacement of construction permit 73.3534 Rounding of nominal power on (AM) 73.31 Signing of 73.3513 Special service authorizations 73.3543 Specification of facilities 73.3516 Temporary authorization 73.3542 Transfer and assignment procedures 73.3597 Transfer of control, Involuntary 73.3541 Transfer of control, Voluntary 73.3540 Transfer or assign unbuilt facility 73.3535 TV, LPTV, translator and TV booster processing 73.3572 Unbuilt facilities: modify, assign or transfer 73.3535 Use of former main antenna as auxiliary 73.3534 Waiver procedure 73.3603 Applications for broadcast facilities, showing required (AM) 73.37 Assignment, FM Increasing availability of 73.4107 (*) Assignment of stations to channels (AM) 73.28 Assignment policies and procedures, FM 73.4104 (*) Assignments, Table of— FM 73.202 NCE-FM 73.501 TV 73.606 Assignments, Channel, under the United States-Mexico—FM Broadcast Agreement (NCE-FM) 73.504 ATS-Automatic transmission system 73.1500 Attacks, Personal 73.1920 Aural and visual TV transmitters, Operation of 73.653 Aural baseband subcarriers, TV 73.665 Authorization of antenna monitors, Requirements for 73.53 Authorization, Administrative changes in— FM 73.212 TV 73.615 Authorizations, Experimental 73.1510 Authorizations, Remote Control 73.1400 Authorizations, Special Field test 73.1515 Authorizations, Special temporary (STA) 73.1635 Automatic transmission system (ATS) 73.1500 Auxiliary antennas 73.1675 Auxiliary transmitters 73.1670 Availability of channels— FM 73.203 TV 73.607 Availability to FCC of station logs and records 73.1226 B Barter agreements 73.4045 (*) Baseband subcarriers, Aural, TV 73.665 Blanketing interference— AM 73.88 FM 73.318 Broadcast channels and stations, Classes of (AM) 73.21, 73.22, 73.25, 73.26, 73.27, 73.29 Broadcast day (definition) 73.1700 Broadcast facilities authorizations; showing required (AM) 73.24 Broadcast facilities, showing required for applications (AM) 73.37 Broadcast of FAA communications 73.4102 (*) Broadcast of lottery information 73.1211 Broadcast of taped, filmed or recorded material 73.1208 Broadcast of telephone conversation 73.1206 Broadcast transmitters, Acceptability of 73.1660 Broadcasting agreements, International 73.1650 Broadcasting emergency information 73.1250 Broadcasting, Stereophonic— FM 73.297 NCE-FM 73.596 Broadcasts by candidates for public office 73.1940 C Call letters—requests and assignments 73.3550 Candidates for public office, Broadcast by 73.1940 Carrier frequency departure tolerances 73.1545 Carrier frequency measurements 73.1540 Certification of financial qualifications 73.4099(*) Changes in authorizations, Administrative— FM 73.212 TV 73.615 Channel assignments under the United States-Mexico Broadcast Agreement (NCE-FM) 73.504 Channels and stations, Classes of AM Broadcast 73.21, 73.22, 73.25, 73.26, 73.27, 73.29 Channel 6 Protection (NCE-FM) 73.525 Channels, Assignment of stations to (AM) 73.28 Channels available for assignment (NCE-FM) 73.501 Channels, Availability of— FM 73.203 TV 73.607 Channels, Classes of Educational, and stations operating thereon 73.506 Channels, FM broadcast, Numerical designation of 73.201 Channels, Restriction on use of (FM) 73.220 Channels, TV, Numerical designation of 73.603 Channels, unreserved, Noncommercial educational broadcast stations, operating on (NCE-FM) 73.513 Character evaluation of broadcast applicants 73.4280 (*) Charts, Engineering— AM 73.190 FM 73.333 TV 73.699 Charts, Groundwave field strength (AM) 73.184 Chief operators 73.1870 Children's TV programs 73.4050 (*) Cigarette advertising 73.4055 (*) Citizen agreements 73.4060 (*) Classes of AM broadcast channels and stations 73.21, 73.22, 73.25, 73.26, 73.27, 73.29 Classes of noncommercial educational FM Stations and channels 73.506 Classes of stations; power and antenna height requirements 73.211 Classified ads 73.1212 Co-channel and adjacent channel stations, Minimum separation— FM 73.207 NCE-FM 73.507 Combination advertising rates; joint sales practices 73.4065 (*) Commercials Loud 73.4075 (*) See Also “Advertising” listings. Common antenna site, use of— FM 73.239 TV 73.635 Common point, and antenna ammeters, Remote reading (AM) 73.57 Communications services, Subsidiary— FM 73.295 NCE-FM 73.593 TV 73.667 Comparative broadcast hearings—specialized formats(*) 73.4082 Computation of interfering signal (AM) 73.185 Computations, Reference points and distance— FM 73.208 TV 73.611 Construction Near or Installation On an AM Tower 73.1692 Construction period 73.3598 Construction permit, forfeited 73.3599 Contests, License-Conducted 73.1216 Contours, Field strength— FM 73.311 TV 73.683 Contracts, Filing of 73.3613 Coverage, Prediction of— FM 73.313 TV 73.684 Cross reference to rules in other Parts 73.1010 D Day, Broadcast (definition) 73.1700 Daylight Savings time 73.1209 Daytime (definition) 73.1720 Daytime radiation, Limitation on (AM) 73.187 Definitions, Subscription TV 73.641 Definitions, Technical— AM 73.14 FM 73.310 TV 73.681 Deny, Petitions to 73.3584 Determining operating power— AM 73.51 FM 73.267 NCE-FM 73.567 TV 73.663 Direct broadcast satellites 73.4091 (*) Directional antenna field measurements (AM) 73.61 Directional antenna system tolerances (AM) 73.62 Directional antennas, Field strength measurements to establish performance of (AM) 73.151 Directional antenna data, Modification of (AM) 73.152 Directional antenna monitoring points (AM) 73.158 Directional antenna systems (AM) 73.150 Discontinuance of operation 73.1750 Distance and Reference points, computations of— FM 73.208 TV 73.611 Distance separations, Minimum, between stations— FM 73.207 NCE-FM 73.507 TV 73.610 Distress sales and tax certificates, Minority ownership 73.4140* Doctrine, Fairness 73.1910 Dolbey encoder 73.4094 (*) Donor announcements (NCE-FM) 73.503 Double billing 73.1205 Drug lyrics 73.4095 (*) Dual-language broadcasting in Puerto Rico, TV/FM 73.1210 E EAS (Emergency Alert System 11.1-11.62 EAS signal test-automated systems 73.4097(*) Editorials, Political 73.1930 Educational, Noncommercial FM stations on unreserved channels (NCE-FM) 73.513 Educational stations, Noncommercial (TV) 73.621 Effective field at one kilometer, Establishment of (AM) 73.186 Emergency antennas 73.1680 Emergency Broadcast System (EBS) 73.901-73.962 Emergency Alert System (EAS) 11.1-11.62 Emission limitations, AM transmission system 73.44 Employment opportunities, Equal 73.2080 Employment report 73.3612 Engineering charts— AM 73.190 FM 73.333 TV 73.699 Engineering standards of allocation (AM) 73.182 Engineering, Standards of good practice NCR-FM 73.508 Equal employment opportunities 73.2080 Equipment performance measurements 73.1590 Equipment tests 73.1610 Establishment of effective field at one kilometer (AM) 73.186 Evaluation of broadcast applicant character 73.4280 (*) Exclusivity, Territorial (Network)— AM 73.132 FM 73.232 TV 73.658 Experimental authorizations 73.1510 Experimental period, Operating during the (AM) 73.72 Extension meters 73.1550 F FAA communications, Broadcast of 73.4102 (*) Facilities, Automatic transmission system— AM 73.142 FM 73.342 NCE-FM 73.542 Facilities authorizations; Broadcast; showing required (AM) 73.24 Fairness Doctrine 73.1910 FCC Policies 73.4000 (*) FCC, Station inspections by 73.1225 Fencing requirements, AM transmission system 73.49 Fencing requirements, AM stations 73.49 Field measurements, AM directional antenna 73.61 Field strength charts, Groundwave (AM) 73.184 Field strength contours— FM 73.311 TV 73.683 Field strength measurements: establishment of effective field 73.186 Field strength measurements— FM 73.314 TV 73.686 Field strength measurements in support of applications or evidence at hearing (AM) 73.153 Field strength measurements to establish performance of directional antennas (AM) 73.151 Field strength requirements or, Minimum antenna heights (AM) 73.189 Field test authorizations, Special 73.1515 File, Political 73.1940 File, Public 73.3526-73.3527 Filing of applications 73.3511-73.3550 Filing of contracts 73.3613 Filmed, taped, or recorded material; Broadcast of 73.1208 Financial qualifications— AM and FM 73.4100 (*) TV 73.4101 (*) Financial qualifications, Certification of 73.4099(*) FM assignments, increasing availability 73.4107 (*) Foreign broadcast stations—Permits to furnish programs 73.3545 Forfeitures 1.80 Format changes of stations 73.4110 (*) Forms, Application and report 73.3500 FM and AM programming, Duplication of 73.242 FM assignment policies and procedures 73.4104 (*) FM broadcast channels, Numerical designation of 73.201 FM multiplex subcarriers, Use of 73.293 FM multiplex subcarriers transmission technical standards 73.319 FM subsidiary communications services 73.295 Communication services 73.295 FM transmitter site map submissions 73.4108 FM/TV dual-language broadcasting in Puerto Rico 73.1210 Frequency measurement, Carrier 73.1540 Frequency departure tolerances, Carrier 73.1545 G General operating requirements (Subscription TV) 73.643 General requirements for type approval of modulation monitors (TV) 73.692 General requirements relating to logs 73.1800 Grants— Conditional 73.3592 Without hearing 73.3591 Groundwave field strength charts (AM) 73.184 Groundwave signals (AM) 73.183 H Hard Look Deficiencies and Amendments (as modified) (FM) 73.3522(a)(6) Hearings, Designation of applications for 73.3593 Hours, Specified 73.1730 I Identification, Sponsorship; list retention, related requirements 73.1212 Identification, Station 73.1201 Indicating instruments (requirements for)— AM 73.58 FM 73.258 NCE-FM 73.558 TV 73.688 Indicating instruments—specifications (meters) 73.1215 Information available on the Internet 73.3617 Information, Broadcasting emergency 73.1250 Input power, Antenna; how determined (AM) 73.51 Inspection of program logs, Public 73.1850 Inspections, Station, by FCC 73.1225 Inspections, Transmission system 73.1580 Installation On or Construction Near an AM Tower 73.1692 Instruments, Indicating (requirements for)— AM 73.58 FM 73.258 NCE-FM 73.558 TV 73.688 Instruments, indicating—specifications (meters) 73.1215 Interference, Blanketing— AM 73.88 FM 73.318 Interference, Protection from— FM 73.209 NCE-FM 73.509 TV 73.612 Interference to Astronomy, Research and Receiving installations, Notifications concerning 73.1030 Interfering signal, Computation of (AM) 73.185 International Broadcast stations 73.701-73.793 Definitions 73.701 Assignment and use of frequencies 73.702 Geographical zones and areas of reception 73.703 Notification of filing of applications 73.1030 Equipment tests 73.712 Program tests 73.713 Licensing requirements 73.731 Authorizations 73.732 Normal license period 73.733 Operating power 73.751 Antenna systems 73.753 Frequency monitors 73.754 Modulation monitors 73.755 Transmission system requirements 73.756 Auxiliary transmitters 73.757 Alternate main transmitters 73.758 Modification of transmission systems 73.759 Time of operation 73.761 Station inspection 73.1225 Station license and seasonal schedules, posting of 73.1230 International broadcast station operator requirements 73.764 Determining operating power 73.765 Modulation and bandwidth 73.766 Frequency tolerance 73.1545 Antenna structure marking and lighting 73.1213 Discontinuance of operation 73.1750 Logs 73.781 Retention of logs 73.782 Logs, by whom kept 73.1800 Log form 73.1800 Log corrections 73.1800 Station identification 73.787 Service; Commercial or sponsored programs 73.788 Sponsorship identification 73.1212 Rebroadcasts 73.1207 Equal employment opportunities 73.2080 International broadcasting agreements 73.1650 L Letters received from the public, Retention of 73.1202 License period, Station 73.1020 Licensee-conducted contests 73.1216 Licenses, station and operator, Posting of 73.1250 Licensing, Acceptability of broadcast transmitters for (TV) 73.640 Licensing by lottery or random selection 1.1601-1.1623, 73.3572, 73.3584, 73.3597 Licensing policies (Subscription TV) 73.642 Licensing requirements and service (NCE-FM) 73.503 Lighting and marking, Antenna structure 73.1213 Limitation on daytime radiation (AM) 73.187 Limited time 73.1725 Lists retention; Sponsorship identification; related requirements 73.1212 Location of transmitter— FM 73.315 TV 73.685 Location, Station 73.1120 Location, Transmitter and antenna system (TV) 73.685 Logs— General requirements related to the station 73.1800 Station 73.1820 Program 73.1810 Program, Public inspection of 73.1850 Retention of 73.1840 Logs and records, Availability to FCC 73.1226 Lottery or random selection licensing 1.1601-1.1623, 73.3572, 73.3584, 73.3597 Lottery information, Broadcast of 73.1211 M Main transmitters 73.1665 Maintenance and tests, Operation for 73.1520 Marking and Lighting, Antenna structure 73.1213 Measurements, Antenna resistance and reactance (AM) 73.54 Measurements, Carrier frequency 73.1540 Measurements, Equipment performance 73.1590 Measurements, Field strength, for establishment of effective field at one mile. (AM) 73.186 Measurements, Field strength in support of applications or evidence at hearings (AM) 73.153 Measurements, Field strength— FM 73.314 TV 73.686 Measurements, Field strength, to establish performance of directional antennas (AM) 73.151 Measurements, Equipment performance 73.1590 Meters, Extension 73.1550 Meters—specifications 73.1215 Mexican/U.S. Agreement 73.3570 Mexico—U.S. FM Broadcast Agreement, Channel Assignment under (NCE-FM) 73.504 Minimum antenna heights or field strength requirements (AM) 73.189 Minimum filing requirement (FM) 73.3564(a) Minimum operating schedule 73.1740 Minimum separations between stations— FM 73.207 NCE-FM 73.507 TV 73.610 Minimum separation, Stations at spacings below (FM) 73.213 Minority ownership; tax certificates and distress sales 73.4140 (*) Misrepresentation in advertising bill- ings 73.1205 Mode and Operating power tolerances 73.1560 Modification of directional antenna data (AM) 73.152 Modification of facilities, Operation during 73.1615 Modification of transmission systems 73.1690 Modulation levels, AM, FM, and TV aural 73.1570 Modulation monitoring equipment, Visual 73.691 Monitoring and alarm points, Automatic transmission system— AM 73.146 FM 73.346 NCE-FM 73.546 Monitoring equipment, Visual modulation 73.691 Monitoring point locations 73.158 Monitors, Antenna (AM) 73.69 Monitors, antenna, Requirements for authorization of (AM) 73.53 Monitors, antenna, Sampling system for (AM) 73.68 Multiple ownership 73.3555 Multiplex subcarrier transmission technical standards, FM 73.319 Multiplex subscribers, Use of— FM 73.293 TV 73.665 Multiplex subsidiary, Use of 73.667 Multiplex transmission, Use of (AM) 73.127 N NARBA (North American Regional Broadcasting Agreement) 73.3570 Network, Affiliation agreements and program practices; territorial exclusivity in non-network program arrangements (TV) 73.658 Network/AM and FM station affiliation agreements 73.4154 (*) Network signals—adversely affecting affiliate service 73.4157 (*) Network/station affiliation agreements— AM 73.132, 73.3613, 73.4154 (*) FM 73.232, 73.3613, 73.4154 (*) TV 73.658, 73.3613 Network syndication 73.658 (Network), Territorial exclusivity— AM 73.132 FM 73.232 TV 73.658 Nighttime service areas, Class II and III AM Stations; computation 73.4160 (*) Nominal Power, Rounding of (AM) 73.31 Noncommercial educational channel assignments under the United States-Mexico FM Broadcast Agreement 73.504 Noncommercial educational FM stations and channels 73.506 Noncommercial educational FM stations operating on unreserved channels 73.513 Noncommercial educational stations (TV) 73.621 Noncommercial nature—educational broadcast stations 73.4163 (*) Notifications concerning interference to Radio Astronomy, Research and Receiving installations 73.1030 Numerical designation of FM broadcast channels 73.201 Numerical designation of TV channels 73.603 O Objections (informal) to applications 73.3587 Obscene language 73.4165 (*) Obscene lyrics 73.4170 (*) Operating during the experimental period (AM) 73.72 Operating on unreserved channels, Noncommercial educational broadcast stations (NCE-FM) 73.513 Operating power, Determining— AM 73.51 FM 73.267 NCE-FM 73.567 TV 73.663 Operating power and mode tolerances 73.1560 Operating requirements, General (Subscription TV operations) 73.643 Operating schedule, Minimum 73.1740 Operating schedule; time sharing (NCE-FM) 73.561 Operation, Discontinuance of 73.1750 Operation during modification of facilities 73.1615 Operation for tests and maintenance 73.1520 Operation of TV aural and visual transmitters 73.653 Operation, Remote Control 73.1410 Operation, Time of 73.1705 Operation, Unauthorized 73.1745 Operator and station licenses, Posting of 73.1230 Operators, Chief 73.1870 Operators, Transmitter duty 73.1860 Overlap, Prohibited 73.509 Ownership, Multiple 73.3555 Ownership report 73.3615 P Payment disclosure: Payola, plugola, kickbacks 73.4180 (*) Performance measurements, Equipment 73.1590 Performance of directional antennas, Field strength measurements to establish (AM) 73.151 Performance requirements, AM transmission systems 73.40 Permissible transmissions (FM) 73.277 Personal attacks 73.1920 Petitions to deny 73.3584 Plans, State-wide (NCE-FM) 73.502 Points, Reference, and distance computations (TV) 73.611 Point-to-point emergency messages 73.1250 Policies, Licensing (TV) 73.642 Policies of FCC 73.4000 (*) Political advertising by UHF translators 73.4195 (*) Political advertising—sponsorship identification 73.1212 Political broadcasting and telecasting, The law of 73.4185 (*) Political candidate authorization notice and sponsorship identification 73.4190 (*) Political editorials 73.1930 Political file 73.1940 Portable test stations 73.1530 Posting of station and operator licenses 73.1230 Power and antenna height requirements— FM 73.211 NCE-FM 73.511 TV 73.614 Power and mode tolerances, Operating 73.1560 Power, nominal, Rounding of (AM) 73.31 Power, operating, determining— AM 73.51 FM 73.267 NCE-FM 73.567 TV 73.663 Prediction of coverage— FM 73.313 TV 73.684 Presunrise service authorization (PSRA) and Post sunset service authorization (PSSA) 73.99 Prime time access (TV) 73.658 Procedure Manual: “The Public and Broadcasting” 73.4210 (*) Processing of applications 73.3561-73.3587 Program logs 73.1810 Program logs, Public inspection of 73.1850 Program matter: Supplier identification 73.4215 (*) Prgoram practices, network, and Affiliation agreements; territorial exclusivity in non-network program arrangements (TV) 73.658 Program tests 73.1620 Prohibited overlap 73.509 Proofs of performance, partial and skeleton, Field strength measurements (AM) 73.154 Protection from interference— FM 73.209 NCE-FM 73.509 TV 73.612 Proxy statements and tender offers 73.4266(*) Public inspection file 73.3526-73.3527 Public inspection of program logs 73.1850 Public office, Broadcasts by candidates for 73.1940 Puerto Rico TV/FM, dual-language broadcasting in 73.1210 Q Quiet zone 73.1030 R Radiation characteristics, Vertical plane 73.160 Radiation, daytime, Limitation on (AM) 73.187 Random selection or lottery licensing 1.1601-1.1623, 73.23572, 73.3584, 73.3597 Rebroadcasts 73.1207 Recorded, taped or filmed material; Broadcast of 73.1208 Recording telephone conversations 73.1206 Records and logs, Availability to FCC 73.1226 Records, special technical 73.1835 Reference, Cross, to rules in other Parts 73.1010 Reference points and distance computations— FM 73.208 TV 73.611 Reference to time 73.1209 Remote control authorizations 73.1400 Remote control operation 73.1410 Remote reading antenna and common point ammeters (AM) 73.57 Renewal period 73.1020 Report and application forms 73.3500 Requirements, Equipment and technical system performance (TV) 73.644 Requirements for authorization of antenna monitors (AM) 73.53 Requirements, Subscription TV, operating 73.643 Requirements, Power and antenna height— AM 73.189 FM 73.211 NCE-FM 73.511 TV 73.614 Requirements, relating to logs, General 73.1800 Requirements, Transmission system FM 73.317 TV 73.687 Requirements, Transmission system performance (AM) 73.40 Responses and statements to Commission inquiries 73.1015 Restrictions on use of channels (FM) 73.220 Retention of letters received from the public 73.1202 Retention of logs 73.1840 Rounding of nominal power (AM) 73.31 (Rules common to all broadcast stations), Scope 73.1001 Rules in other Parts, Cross reference to 73.1010 S Sampling systems for antenna monitors (AM) 73.68 Satellites, Direct broadcast 73.4091 (*) SCA— FM 73.293 NCE-FM 73.593 Schedule, Minimum operating 73.1740 Schedule; Operating, time sharing (NCE-FM) 73.561 School closings 73.1250 Scope of Subpart A (AM) 73.1 Scope of Subpart E (TV) 73.601 Scope of Subpart H (rules common to all broadcast stations) 73.1001 Separations (channel) (TV) 73.610 Separations, Minimum mileage, between co-channel and adjacent channel stations— FM 73.217 NCE-FM 73.507 Separations, Stations at spacings below minimum (FM) 73.213 Service and licensing requirements (NCE-FM) 73.503 Share time 73.1715 Sharing time, Operating schedule (NCE-FM) 73.561 Short-spacing agreements: FM stations 73.4235 (*) Showing required; Applications for broadcast facilities (AM) 73.37 Signal, Computation of interfering (AM) 73.185 Signal, Groundwave (AM) 73.183 Site, common antenna, Use of— FM 73.239 TV 73.635 Spacings, Stations below the minimum separations (FM) 73.213 Special antenna test authorizations (AM) 73.157 Special field test authorization 73.1515 Special technical records 73.1835 Special temporary authorizations (STA's) 73.1635 Specifications—Indicating instruments (meters) 73.1215 Specified hours 73.1730 Sponsorship identification list retention; related requirements 73.1212 Sponsorship identification rules, Applicability of 73.4242 (*) STA's (Special temporary authorizations) 73.1635 Standard time 73.1209 Standards, FM multiplex subcarrier, technical 73.319 Standards of allocation, Engineering (AM) 73.182 Standards of good engineering practice—NCE-FM 73.508 Standards, Stereophonic transmission (FM) 73.322 Standards, Transmission 73.682 State-wide plans (NCE-FM) 74.502 Statements and responses to Commission inquiries 73.1015 Station and operator licenses, Posting of 74.1230 Station identification 73.1201 Station inspections by FCC 73.1225 Station license period 73.1020 Station location 73.1120 Station log 73.1820 Station transferring 73.1150 Stations, Assignment of, to channels (AM) 73.28 Stations at spacings below the minimum separation (FM) 73.213 Stations, Noncommercial educational (TV) 73.621 Stations, Noncommercial educational FM, operating on unreserved channels 73.513 Stereophonic sound broadcasting— AM 73.128 FM 73.297 NCE-FM 73.597 TV 73.669 Stereophonic pilot subcarriers—monophonic programming 73.4246 (*) Stereophonic sound transmission standards— AM 73.128 FM 73.322 TV 73.682 Subcarrier multiplex, transmission standards— FM 73.319 Subcarrier, multiplex, Use of— FM 73.293 TV 73.665 Subliminal perception 73.4250 (*) Subpart A, Scope of (AM) 73.1 Subpart E, Scope of (TV) 73.601 Subpart H, Scope of (rules common to all broadcast stations) 73.1001 (Subscription TV operations), Definitions 73.641 Subsidiary Communications services— FM 73.295 NCE-FM 73.595 TV 73.667 Subscription TV— Competing applications 73.4247 (*) Definitions 73.641 Licensing policies 73.642 Operating requirements 73.643 Transmission systems 73.644 Syndication, network 73.658 T Table of assignments— FM 73.202 TV 73.606 Tables (Distance-degree conversions and separations) (TV) 73.698 Taped, filmed, or recorded material; Broadcast of 73.1208 Tax certificates and distress sales; Minority sales 73.4140(*) Tax certificates: Issuance of 73.4255 (*) Teaser announcements 73.4260 (*) Technical definitions— AM 73.14 FM 73.310 TV 73.681 Technical records, Special 73.1835 (Technical standards), Definitions (TV) 73.681 Telecommunications service on vertical blanking interval 73.646 Telephone conversations, Broadcast of 73.1206 Telephone conversation broadcasts (network and like sources) 73.4625 (*) Television channels, Numerical designation of 73.603 Temporary authorizations, Special (STA's) 73.1635 Tender offers and proxy statements 73.4266(*) Territorial exclusivily in non-network program arrangements; Affiliation agreements and network program practices (TV) 73.658 Territorial exclusivity, (Network)— AM 73.132 FM 73.232 TV 73.658 Test authorization, Special field 73.1515 Test stations, Portable 73.1530 Testing antenna during daytime (AM) 73.157 Tests and maintenance, Operation for 73.1520 Tests of equipment 73.1610 Tests, Program 73.1620 Time brokerage 73.4627 (*) Time of operation 73.1705 Time, Limited 73.1725 Time, Reference to 73.1209 Time, Share 73.1715 Time Sharing, Operating schedule (NCE-FM) 73.561 Time, Unlimited 73.1710 Tolerances, Carrier frequency departure 73.1545 Tolerances, Directional antenna system (AM) 73.62 Tolerances, Operating power and mode 73.1560 Tone clusters: Audio attention-getting devices 73.4275 (*) Topographic data (FM) 73.3120 Tower lighting and painting 73.1213 Transferring a station 73.1150 Transmission standards, Changes in 73.1695 Transmission standards (TV) 73.682 Transmission system, Automatic (ATS) 73.1500 Transmission system emission limitations, (AM) 73.44 Transmission system inspections 73.1580 Transmission system installation and safety requirements, AM 73.49 Transmission system performance requirements (AM) 73.40 Transmission system requirements— FM 73.317 TV 73.687 Transmission systems, Modification of 73.1690 Transmission systems, subscription TV 73.644 Transmissions, Permissible (FM) 73.277 Transmitter duty operators 73.1860 Transmitter, Location— FM 73.315 TV 73.685 Transmitter location and antenna system (TV) 73.685 Transmitters, Auxiliary 73.1670 Transmitters, broadcast, Acceptability of 73.1660 Transmitters, Main 73.1665 Transmitters, TV, aural and visual, Operation of 73.653 TV Channel 6 protection (NCE-FM) 73.525 TV colorburst during black/white programming 73.4272 (*) TV/FM dual-language broadcasting in Puerto Rico 73.1210 Type approval of modulation monitors, General requirements (TV) 73.692 U Unauthorized operation 73.1745 U.S./Mexican Agreement 73.3570 USA-Mexico FM Broadcast Agreement, Channel assignments under (NCE-FM) 73.504 Unlimited time 73.1710 Unreserved channels, Noncommercial educational broadcast stations operating on (NCE-FM) 73.513 Use of channels, Restrictions on (FM) 73.220 Use of common antenna site— FM 73.239 TV 73.635 Use of multiplex subcarriers— FM 73.293 TV 73.665 Use of multiplex transmissions (AM) 73.127 V Vertical blanking interval, Telecommunication service on 73.646 Vertical plane radiation characteristics 73.160 Visual and aural TV transmitters, Operation of 73.653 Visual modulation monitoring equipment 73.691 W Want ads 73.1212 Z Zone, Quiet 73.1030 Zones— FM 73.205 NCE-FM 73.505 TV 73.609 [ 50 FR 38530 , Sept. 23, 1985; 50 FR 40395 , Oct. 3, 1985, as amended at 51 FR 34621 , 34622 , Sept. 30, 1986; 52 FR 37316 , Oct. 6, 1987; 52 FR 47569 , Dec. 15, 1987; 53 FR 2499 , Jan. 28, 1988; 58 FR 51250 , Oct. 1, 1993; 59 FR 67103 , Dec. 28, 1994; 63 FR 33878 , June 22, 1998; 82 FR 57884 , Dec. 8, 2017]"}}},{"rowIdx":51,"cells":{"file_name":{"kind":"string","value":"title-47_52.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 52—NUMBERING Authority: 47 U.S.C. 151 , 152 , 153 , 154 , 155 , 201-205 , 207-209 , 218 , 225-227 , 251-252 , 271 , 303 , 332 , unless otherwise noted. Source: 61 FR 38637 , July 25, 1996, unless otherwise noted. Subpart A—Scope and Authority Source: 61 FR 47353 , Sept. 6, 1996, unless otherwise noted. § 52.1 Basis and purpose. ( a ) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151 et. seq. ( b ) Purpose. The purpose of these rules is to establish, for the United States, requirements and conditions for the administration and use of telecommunications numbers for provision of telecommunications services. § 52.3 General. The Commission shall have exclusive authority over those portions of the North American Numbering Plan (NANP) that pertain to the United States. The Commission may delegate to the States or other entities any portion of such jurisdiction. § 52.5 Definitions. ( a ) Incumbent local exchange carrier. With respect to an area, an “incumbent local exchange carrier” is a local exchange carrier that: ( 1 ) On February 8, 1996, provided telephone exchange service in such area; and ( 2 ) ( i ) On February 8, 1996, was deemed to be a member of the exchange carrier Association pursuant to § 69.601(b) of this chapter ( 47 CFR 69.601(b) ); or ( ii ) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in paragraph (a)(2)(i) of this section. ( b ) Interconnected Voice over Internet Protocol (VoIP) service provider. The term “interconnected VoIP service provider” is an entity that provides interconnected VoIP service, as that term is defined in 47 U.S.C. Section 153(25) . ( c ) North American Numbering Council (NANC). The “North American Numbering Council” is an advisory committee created under the Federal Advisory Committee Act, 5 U.S.C., App (1988), to advise the Commission and to make recommendations, reached through consensus, that foster efficient and impartial number administration. ( d ) North American Numbering Plan (NANP). The “North American Numbering Plan” is the basic numbering scheme for the telecommunications networks located in American Samoa, Anguilla, Antigua, Bahamas, Barbados, Bermuda, British Virgin Islands, Canada, Cayman Islands, Dominica, Dominican Republic, Grenada, Jamaica, Montserrat, Sint Maarten, St. Kitts & Nevis, St. Lucia, St. Vincent, Turks & Caicos Islands, Trinidad & Tobago, and the United States (including Puerto Rico, the U.S. Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands). ( e ) Service provider. The term “service provider” refers to a telecommunications carrier or other entity that receives numbering resources from the NANPA, a Pooling Administrator or a telecommunications carrier for the purpose of providing or establishing telecommunications service. For the purposes of this part, the term “service provider” includes an interconnected VoIP service provider. ( f ) State. The term “state” includes the District of Columbia and the Territories and possessions. ( g ) State commission. The term “state commission” means the commission, board, or official (by whatever name designated) which under the laws of any state has regulatory jurisdiction with respect to intrastate operations of carriers. ( h ) Telecommunications. “Telecommunications” means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. ( i ) Telecommunications carrier or carrier. A “telecommunications carrier” or “carrier” is any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in 47 U.S.C. 226(a)(2) ). For the purposes of this part, the term “telecommunications carrier” or “carrier” includes an interconnected VoIP service provider. ( j ) Telecommunications service. The term “telecommunications service” refers to the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. For purposes of this part, the term “telecommunications service” includes interconnected VoIP service as that term is defined in 47 U.S.C. 153(25) . [ 80 FR 66477 , Oct. 29, 2015, as amended at 80 FR 1131 , Jan. 11, 2016] Subpart B—Administration Source: 61 FR 47353 , Sept. 6, 1996, unless otherwise noted. § 52.7 Definitions. As used in this subpart: ( a ) Area code or numbering plan area (NPA). The term “area code or numbering plan area” refers to the first three digits (NXX) of a ten-digit telephone number in the form NXX-NXX-XXXX, where N represents any one of the numbers 2 through 9 and X represents any one of the numbers 0 through 9. ( b ) Area code relief. The term “area code relief” refers to the process by which central office codes are made available when there are few or no unassigned central office codes remaining in an existing area code and a new area code is introduced. Area code relief includes planning for area code “jeopardy,” which is a situation where central office codes may become exhausted before an area code relief plan can be implemented. ( c ) Central office (CO) code. The term “central office code” refers to the second three digits (NXX) of a ten-digit telephone number in the form NXX-NXX-XXXX, where N represents any one of the numbers 2 through 9 and X represents any one of the numbers 0 through 9. ( d ) Central office (CO) code administrator. The term “central office code administrator” refers to the entity or entities responsible for managing central office codes in each area code. ( e ) North American Numbering Plan Administrator (NANPA). The term “North American Numbering Plan Administrator” refers to the entity or entities responsible for managing the NANP. ( f ) Billing and Collection Agent. The term “Billing & Collection Agent” (“B&C Agent”) refers to the entity responsible for the collection of funds to support numbering administration for telecommunications services from the United States telecommunications industry and NANP member countries. ( g ) Pooling Administrator (PA). The term “Pooling Administrator” refers to the entity or entities responsible for administering a thousands-block number pool. ( h ) Contamination. Contamination occurs when at least one telephone number within a block of telephone numbers is not available for assignment to end users or customers. For purposes of this provision, a telephone number is “not available for assignment” if it is classified as administrative, aging, assigned, intermediate, or reserved as defined in § 52.15(f)(1) . ( i ) Donation. The term “donation” refers to the process by which carriers are required to contribute telephone numbers to a thousands-block number pool. ( j ) Inventory. The term “inventory” refers to all telephone numbers distributed, assigned or allocated: ( 1 ) To a service provider; or ( 2 ) To a pooling administrator for the purpose of establishing or maintaining a thousands-block number pool. [ 61 FR 47353 , Sept. 6, 1996, as amended at 62 FR 55180 , Oct. 23, 1997; 65 FR 37707 , June 16, 2000] § 52.9 General requirements. ( a ) To ensure that telecommunications numbers are made available on an equitable basis, the administration of telecommunications numbers shall, in addition to the specific requirements set forth in this subpart: ( 1 ) Facilitate entry into the telecommunications marketplace by making telecommunications numbering resources available on an efficient, timely basis to telecommunications carriers; ( 2 ) Not unduly favor or disfavor any particular telecommunications industry segment or group of telecommunications consumers; and ( 3 ) Not unduly favor one telecommunications technology over another. ( b ) If the Commission delegates any telecommunications numbering administration functions to any State or other entity pursuant to 47 U.S.C. 251(e)(1) , such State or entity shall perform these functions in a manner consistent with this part. § 52.11 North American Numbering Council. The duties of the North American Numbering Council (NANC), may include, but are not limited to: ( a ) Advising the Commission on policy matters relating to the administration of the NANP in the United States; ( b ) Making recommendations, reached through consensus, that foster efficient and impartial number administration; ( c ) Initially resolving disputes, through consensus, that foster efficient and impartial number administration in the United States by adopting and utilizing dispute resolution procedures that provide disputants, regulators, and the public notice of the matters at issue, a reasonable opportunity to make oral and written presentations, a reasoned recommended solution, and a written report summarizing the recommendation and the reasons therefore; ( d ) [Reserved] ( e ) Recommending to the Commission an appropriate mechanism for recovering the costs of NANP administration in the United States, consistent with § 52.17 ; ( f ) Carrying out the duties described in § 52.25 ; and ( g ) Carrying out this part as directed by the Commission; ( h ) Monitoring the performance of the NANPA and the B&C Agent on at least an annual basis; and ( i ) Implementing, at the direction of the Commission, any action necessary to correct identified problems with the performance of the NANPA and the B&C Agent, as deemed necessary. [ 61 FR 47353 , Sept. 6, 1996, as amended at 62 FR 55180 , Oct. 23, 1997; 71 FR 65750 , Nov. 9, 2006] § 52.12 North American Numbering Plan Administrator and B&C Agent. The North American Numbering Plan Administrator (“NANPA”) and the associated “B&C Agent” will conduct their respective operations in accordance with this section. The NANPA and the B&C Agent will conduct their respective operations with oversight from the Federal Communications Commission (the “Commission”) and with recommendations from the North American Numbering Council (“NANC”). ( a ) ( 1 ) Neutrality. The NANPA and the B&C Agent shall be non-governmental entities that are impartial and not aligned with any particular telecommunication industry segment. Accordingly, while conducting their respective operations under this section, the NANPA and B&C Agent shall ensure that they comply with the following neutrality criteria: ( i ) The NANPA and B&C Agent may not be an affiliate of any telecommunications service provider(s) as defined in the Telecommunications Act of 1996, or an affiliate of any interconnected VoIP provider as that term is defined in § 52.21(h) . “Affiliate” is a person who controls, is controlled by, or is under the direct or indirect common control with another person. A person shall be deemed to control another if such person possesses, directly or indirectly— ( A ) An equity interest by stock, partnership (general or limited) interest, joint venture participation, or member interest in the other person ten (10%) percent or more of the total outstanding equity interests in the other person, or ( B ) The power to vote ten (10%) percent or more of the securities (by stock, partnership (general or limited) interest, joint venture participation, or member interest) having ordinary voting power for the election of directors, general partner, or management of such other person, or ( C ) The power to direct or cause the direction of the management and policies of such other person, whether through the ownership of or right to vote voting rights attributable to the stock, partnership (general or limited) interest, joint venture participation, or member interest) of such other person, by contract (including but not limited to stockholder agreement, partnership (general or limited) agreement, joint venture agreement, or operating agreement), or otherwise; ( ii ) The NANPA and B&C Agent, and any affiliate thereof, may not issue a majority of its debt to, nor may it derive a majority of its revenues from, any telecommunications service provider. “Majority” shall mean greater than 50 percent, and “debt” shall mean stocks, bonds, securities, notes, loans or any other instrument of indebtedness; and ( iii ) Notwithstanding the neutrality criteria set forth in paragraphs (a)(1) (i) and (ii) of this section, the NANPA and B&C Agent may be determined to be or not to be subject to undue influence by parties with a vested interest in the outcome of numbering administration and activities. NANC may conduct an evaluation to determine whether the NANPA and B&C Agent meet the undue influence criterion. ( 2 ) Any subcontractor that performs— ( i ) NANP administration and central office code administration, or ( ii ) Billing and Collection functions, for the NANPA or for the B&C Agent must also meet the neutrality criteria described in paragraph (a)(1). ( b ) Term of administration. The NANPA shall provide numbering administration, including central office code administration, for the United States portion of the North American Numbering Plan (“NANP”) for an initial period of five (5) years. At any time prior to the termination of the initial or subsequent term of administration, such term may be renewed for up to five (5) years with the approval of the Commission and the agreement of the NANPA. The B&C Agent shall provide billing and collection functions for an initial period of five (5) years. At any time prior to the termination of the initial or subsequent term of administration, such term may be renewed for up to five (5) years with the approval of the Commission and the agreement of the B&C Agent. ( c ) Changes to regulations, rules, guidelines or directives. In the event that regulatory authorities or industry groups (including, for example, the Industry Numbering Committee—INC, or its successor) issue rules, requirements, guidelines or policy directives which may affect the functions performed by the NANPA and the B&C Agent, the NANPA and the B&C Agent shall, within 10 business days from the date of official notice of such rules, requirements, guidelines or policy directives, assess the impact on its operations and advise the Commission of any changes required. NANPA and the B&C Agent shall provide written explanation why such changes are required. To the extent the Commission deems such changes are necessary, the Commission will recommend to the NANP member countries appropriate cost recovery adjustments, if necessary. ( d ) Performance review process. NANPA and the B&C Agent shall develop and implement an internal, documented performance monitoring mechanism and shall provide such performance review on request of the Commission on at least an annual basis. The annual assessment process will not preclude telecommunications industry participants from identifying performance problems to the NANPA, the B&C Agent and the NANC as they occur, and from seeking expeditious resolution. If performance problems are identified by a telecommunications industry participant, the NANC, B&C Agent or NANPA shall investigate and report within 10 business days of notice to the participant of corrective action, if any, taken or to be taken. The NANPA, B&C Agent or NANC (as appropriate) shall be permitted reasonable time to take corrective action, including the necessity of obtaining the required consent of the Commission. ( e ) Termination. If the Commission determines at any time that the NANPA or the B&C Agent fails to comply with the neutrality criteria set forth in paragraph (a) of this section or substantially or materially defaults in the performance of its obligations, the Commission shall advise immediately the NANPA or the B&C Agent of said failure or default, request immediate corrective action, and permit the NANPA or B&C Agent reasonable time to correct such failure or default. If the NANPA or B&C Agent is unwilling or unable to take corrective action, the Commission may, in a manner consistent with the requirements of the Administrative Procedure Act and the Communications Act of 1934, as amended, take any action that it deems appropriate, including termination of the NANPA's or B&C Agent's term of administration. ( f ) Required and optional enterprise services. Enterprise Services, which are services beyond those described in § 52.13 that may be provided by the new NANPA for specified fees, may be offered with prior approval of the Commission. ( 1 ) Required Enterprise Services. At the request of a code holder, the NANPA shall, in accordance with industry standards and for reasonable fees, enter certain routing and rating information, into the industry-approved database(s) for dissemination of such information. This task shall include reviewing the information and assisting in its preparation. ( 2 ) Optional Enterprise Services. The NANPA may, subject to prior approval and for reasonable fees, offer “Optional Enterprise Services” which are any services not described elsewhere in this section. ( 3 ) Annual report. NANPA shall identify and record all direct costs associated with providing Enterprise Services separately from the costs associated with the non-enterprise NANPA functions. The NANPA shall submit an annual report to the NANC summarizing the revenues and costs for providing each Enterprise Service. NANPA shall be audited by an independent auditor after the first year of operations and every two years thereafter, and submit the report to the Commission for appropriate review and action. [ 63 FR 55180 , Oct. 23, 1997, as amended at 73 FR 9481 , Feb. 21, 2008] § 52.13 North American Numbering Plan Administrator. ( a ) The North American Numbering Plan Administrator (NANPA) shall be an independent and impartial non-government entity. ( b ) The NANPA shall administer the numbering resources identified in paragraph (d) of this section. It shall assign and administer NANP resources in an efficient, effective, fair, unbiased, and non-discriminatory manner consistent with industry-developed guidelines and Commission regulations. It shall support the Commission's efforts to accommodate current and future numbering needs. It shall perform additional functions, including but not limited to: ( 1 ) Ensuring the efficient and effective administration and assignment of numbering resources by performing day-to-day number resource assignment and administrative activities; ( 2 ) Planning for the long-term need for NANP resources to ensure the continued viability of the NANP by implementing a plan for number resource administration that uses effective forecasting and management skills in order to make the industry aware of the availability of numbering resources and to meet the current and future needs of the industry; ( 3 ) Complying with guidelines of the North American Industry Numbering Committee (INC) or its successor, related industry documentation, Commission regulations and orders, and the guidelines of other appropriate policy-making authorities; ( 4 ) Providing management supervision for all of the services it provides, including responsibility for achieving performance measures established by the NANC and the INC in industry guidelines; ( 5 ) Participating in the NANC annual performance review as described in §§ 52.11 and 52.12 ; ( 6 ) Establishing and maintaining relationships with current governmental and regulatory bodies, and their successors, including the United States Federal Communications Commission, Industry Canada, the Canadian Radio-television and Telecommunications Commission, and other United States, Canadian, and Caribbean numbering authorities and regulatory agencies, and addressing policy directives from these bodies; ( 7 ) Cooperating with and actively participating in numbering standards bodies and industry fora, such as INC and, upon request, the Canadian Steering Committee on Numbering (CSCN); ( 8 ) Representing the NANP to national and international numbering bodies; ( 9 ) Developing and maintaining communications channels with other countries who also participate in the NANP to ensure that numbering needs of all countries served by the NANP are met; ( 10 ) Attending United States Study Group A meetings and maintaining a working knowledge of Study Group 2 International Telecommunications Union activities on behalf of the United States telecommunications industry; ( 11 ) Reviewing requests for all numbering resources to implement new applications and services and making assignments in accordance with industry-developed resource planning and assignment guidelines; ( 12 ) Referring requests for particular numbering resources to the appropriate industry body where guidelines do not exist for those resources; ( 13 ) Participating in industry activities to determine whether, when new telecommunications services requiring numbers are proposed, NANP numbers are appropriate and what level of resource is required (e.g., line numbers, central office codes, NPA codes); ( 14 ) Maintaining necessary administrative staff to handle the legal, financial, technical, staffing, industry, and regulatory issues relevant to the management of all numbering resources, as well as maintaining the necessary equipment, facilities, and proper billing arrangements associated with day-to-day management of all numbering resources; ( 15 ) Managing the NANP in accordance with published guidelines adopted in conjunction with the industry and the appropriate NANP member countries' governing agencies, and referring issues to the appropriate industry body for resolution when they have not been addressed by the industry; ( 16 ) Responding to requests from the industry and from regulators for information about the NANP and its administration, as the primary repository for numbering information in the industry; ( 17 ) Providing upon request information regarding how to obtain current documents related to NANP administration; ( 18 ) Providing assistance to users of numbering resources and suggesting numbering administration options, when possible, that will optimize number resource utilization; ( 19 ) Coordinating its numbering resource activities with the Canadian Number Administrator and other NANP member countries' administrators to ensure efficient and effective management of NANP numbering resources; and ( 20 ) Determining the final allocation methodology for sharing costs between NANP countries. ( c ) In performing the functions outlined in paragraph (b) of this section, the NANPA shall: ( 1 ) Ensure that the interests of all NANP member countries are considered; ( 2 ) Assess fairly requests for assignments of NANP numbering resources and ensure the assignment of numbering resources to appropriate service providers; ( 3 ) Develop, operate and maintain the computer hardware, software (database) and mechanized systems required to perform the NANPA and central office (CO) Code Administration functions; ( 4 ) Manage projects such as Numbering Plan Area (NPA) relief (area code relief) planning, Numbering Resource Utilization and Forecast (NRUF) data collection, and NPA and NANP exhaust projection; ( 5 ) Facilitate NPA relief planning meetings; ( 6 ) Participate in appropriate industry activities; ( 7 ) Manage proprietary data and competitively sensitive information and maintain the confidentiality thereof; ( 8 ) Act as an information resource for the industry concerning all aspects of numbering (i.e., knowledge and experience in numbering resource issues, International Telecommunications Union (ITU) Recommendation E.164, the North American Numbering Plan (NANP), NANP Administration, INC, NANP area country regulatory issues affecting numbering, number resource assignment guidelines, central office code administration, relief planning, international numbering issues, etc.); and ( 9 ) Ensure that any action taken with respect to number administration is consistent with this part. ( d ) The NANPA and, to the extent applicable, the B&C Agent, shall administer numbering resources in an efficient and non-discriminatory manner, in accordance with Commission rules and regulations and the guidelines developed by the INC and other industry groups pertaining to administration and assignment of numbering resources, including, but not limited to: ( 1 ) Numbering Plan Area (NPA) codes, ( 2 ) Central Office codes for the 809 area, ( 3 ) International Inbound NPA 456 NXX codes, ( 4 ) (NPA) 500 NXX codes, ( 5 ) (NPA) 900 NXX codes, ( 6 ) N11 Service codes, ( 7 ) 855-XXXX line numbers, ( 8 ) 555-XXXX line numbers, ( 9 ) Carrier Identification Codes, ( 10 ) Vertical Service Codes, ( 11 ) ANI Information Integer (II) Digit Pairs, ( 12 ) Non Dialable Toll Points, and ( 13 ) New numbering resources as may be defined. ( e ) Relationships with other NANP member countries' administrators and authorities. The NANPA shall address policy directives from other NANP member countries' governmental and regulatory authorities and coordinate its activities with other NANP member countries' administrators, if any, to ensure efficient and effective management of NANP resources. ( f ) Transition plan. The NANPA shall implement a transition plan, subject to Commission approval, leading to its assumption of NANPA functions within 90 days of the effective date of a Commission order announcing the selection of the NANPA. ( g ) Transfer of intellectual property. The new NANPA must make available any and all intellectual property and associated hardware resulting from its activities as numbering administrator including, but not limited to, systems and the data contained therein, software, interface specifications and supporting documentation and make such property available to whomever NANC directs free of charge. The new NANPA must specify any intellectual property it proposes to exclude from the provisions of this paragraph based on the existence of such property prior to its selection as NANPA. [ 61 FR 47353 , Sept. 6, 1996, as amended at 62 FR 55181 , Oct. 23, 1997; 71 FR 65750 , Nov. 9, 2006] § 52.15 Central office code administration. ( a ) Central Office Code Administration shall be performed by the NANPA, or another entity or entities, as designated by the Commission. ( b ) Duties of the entity or entities performing central office code administration may include, but are not limited to: ( 1 ) Processing central office code assignment applications and assigning such codes in a manner that is consistent with this part; ( 2 ) Accessing and maintaining central office code assignment databases; ( 3 ) Conducting the Numbering Resource Utilization and Forecast (NRUF) data collection; ( 4 ) Monitoring the use of central office codes within each area code and forecasting the date by which all central office codes within that area code will be assigned; and ( 5 ) Planning for and initiating area code relief, consistent with § 52.19 . ( c ) [Reserved] ( d ) Central Office (CO) Code Administration functional requirements. The NANPA shall manage the United States CO code numbering resource, including CO code request processing, NPA code relief and jeopardy planning, and industry notification functions. The NANPA shall perform its CO Code administration functions in accordance with the published industry numbering resource administration guidelines and Commission orders and regulations of 47 CFR chapter I . ( e ) [Reserved] ( f ) Mandatory reporting requirements — ( 1 ) Number use categories. Numbering resources must be classified in one of the following categories: ( i ) Administrative numbers are numbers used by telecommunications carriers to perform internal administrative or operational functions necessary to maintain reasonable quality of service standards. ( ii ) Aging numbers are disconnected numbers that are not available for assignment to another end user or customer for a specified period of time. Numbers previously assigned to residential customers may be aged for no less than 45 days and no more than 90 days. Numbers previously assigned to business customers may be aged for no less than 45 days and no more than 365 days. ( iii ) Assigned numbers are numbers working in the Public Switched Telephone Network under an agreement such as a contract or tariff at the request of specific end users or customers for their use, or numbers not yet working but having a customer service order pending. Numbers that are not yet working and have a service order pending for more than five days shall not be classified as assigned numbers. ( iv ) Available numbers are numbers that are available for assignment to subscriber access lines, or their equivalents, within a switching entity or point of interconnection and are not classified as assigned, intermediate, administrative, aging, or reserved. ( v ) Intermediate numbers are numbers that are made available for use by another telecommunications carrier or non-carrier entity for the purpose of providing telecommunications service to an end user or customer. Numbers ported for the purpose of transferring an established customer's service to another service provider shall not be classified as intermediate numbers. ( vi ) Reserved numbers are numbers that are held by service providers at the request of specific end users or customers for their future use. Numbers held for specific end users or customers for more than 180 days shall not be classified as reserved numbers. ( 2 ) Reporting carrier. The term “reporting carrier” refers to a telecommunications carrier that receives numbering resources from the NANPA, a Pooling Administrator or another telecommunications carrier. ( 3 ) Data collection procedures. ( i ) Reporting carriers shall report utilization and forecast data to the NANPA. ( ii ) Reporting shall be by separate legal entity and must include company name, company headquarters address, Operating Company Number (OCN), parent company OCN, and the primary type of business in which the reporting carrier is engaged. The term “parent company” refers to the highest related legal entity located within the state for which the reporting carrier is reporting data. ( iii ) All data shall be filed electronically in a format approved by the Common Carrier Bureau. ( 4 ) Forecast data reporting. ( i ) Reporting carriers shall submit to the NANPA a five-year forecast of their yearly numbering resource requirements. ( ii ) In areas where thousands-block number pooling has been implemented: ( A ) Reporting carriers that are required to participate in thousands-block number pooling shall report forecast data at the thousands-block (NXX-X) level per rate center; ( B ) Reporting carriers that are not required to participate in thousands-block number pooling shall report forecast data at the central office code (NXX) level per rate center. ( iii ) In areas where thousands-block number pooling has not been implemented, reporting carriers shall report forecast data at the central office code (NXX) level per NPA. ( iv ) Reporting carriers shall identify and report separately initial numbering resources and growth numbering resources. ( 5 ) Utilization data reporting. ( i ) Reporting carriers shall submit to the NANPA a utilization report of their current inventory of numbering resources. The report shall classify numbering resources in the following number use categories: assigned, intermediate, reserved, aging, and administrative. ( ii ) Rural telephone companies, as defined in the Communications Act of 1934, as amended, 47 U.S.C. 153(37) , that provide telecommunications service in areas where local number portability has not been implemented shall report utilization data at the central office code (NXX) level per rate center in those areas. ( iii ) All other reporting carriers shall report utilization data at the thousands-block (NXX-X) level per rate center. ( 6 ) Reporting frequency. ( i ) Reporting carriers shall file forecast and utilization reports semi-annually on or before February 1 for the preceding reporting period ending on December 31, and on or before August 1 for the preceding reporting period ending on June 30. Mandatory reporting shall commence August 1, 2000. ( ii ) State commissions may reduce the reporting frequency for NPAs in their states to annual. Reporting carriers operating in such NPAs shall file forecast and utilization reports annually on or before August 1 for the preceding reporting period ending on June 30, commencing August 1, 2000. ( iii ) A state commission seeking to reduce the reporting frequency pursuant to paragraph (f) (6)(ii) of this section shall notify the Wireline Competition Bureau and the NANPA in writing prior to reducing the reporting frequency. ( 7 ) Access to data and confidentiality —States shall have access to data reported to the NANPA provided that they have appropriate protections in place to prevent public disclosure of disaggregated, carrier-specific data. ( 8 ) Reports of Permanently Disconnected Numbers—Reporting carriers must report information regarding NANP numbers in accordance with § 64.1200(l) of this title . ( g ) Applications for numbering resources — ( 1 ) General requirements. An applicant for numbering resources must include in its application the applicant's company name, company headquarters address, OCN, parent company's OCN(s), and the primary type of business in which the numbering resources will be used. ( 2 ) Initial numbering resources. An applicant for initial numbering resources must include in its application evidence that the applicant is authorized to provide service in the area for which the numbering resources are requested; and that the applicant is or will be capable of providing service within sixty (60) days of the numbering resources activation date. A provider of VoIP Positioning Center (VPC) services that is unable to demonstrate authorization to provide service in a state may instead demonstrate that the state does not certify VPC service providers in order to request pseudo-Automatic Numbering Identification (p-ANI) codes directly from the Numbering Administrators for purposes of providing 911 and E-911 service. ( 3 ) Commission authorization process. A provider of interconnected VoIP service may show a Commission authorization obtained pursuant to this paragraph (g)(3) as evidence that it is authorized to provide service under paragraph (g)(2) of this section. ( i ) Definition. The term foreign carrier found in this section is given the same meaning as in § 63.09(d) of this chapter . ( ii ) Contents of the application for interconnected VoIP provider numbering authorization. An application for authorization must reference this section and must contain the following: ( A ) The applicant's name, address, and telephone number and contact information for personnel qualified to address issues relating to regulatory requirements, compliance with Commission's rules in this chapter, 911, and law enforcement; ( B ) An acknowledgment that the authorization granted under this paragraph (g)(3) is subject to compliance with applicable Commission numbering rules in this part; numbering authority delegated to the states, and the state laws, regulations, and registration requirements applicable to businesses operating in each state where the applicant seeks numbering resources; and industry guidelines and practices regarding numbering as applicable to telecommunications carriers; ( C ) A certification that the applicant will not use the numbers obtained pursuant to an authorization under this paragraph (g)(3) to knowingly transmit, encourage, assist, or facilitate illegal robocalls, illegal spoofing, or fraud, in violation of robocall, spoofing, and deceptive telemarketing obligations under §§ 64.1200 , 64.1604 , and 64.6300 through 64.6308 of this chapter and 16 CFR 310.3(b) ; ( D ) A certification that the applicant has fully complied with all applicable STIR/SHAKEN caller ID authentication and robocall mitigation program requirements and filed a certification in the Robocall Mitigation Database as required by §§ 64.6301 through 64.6305 of this chapter ; ( E ) A certification with accompanying evidence that the applicant complies with its 911 obligations under part 9 of this chapter , and that it complies with the provisions of the Communications Assistance with Law Enforcement Act, 47 U.S.C. 1001 et seq. Wireline Competition Bureau (Bureau) or other Commission staff may request additional documentation from the applicant to demonstrate compliance with these public safety obligations, where necessary; ( F ) A certification that the applicant complies with the Access Stimulation rules under § 51.914 of this chapter ; ( G ) An acknowledgment that the applicant must file requests for numbers with the relevant state commission(s) at least 30 days before requesting numbers from the Numbering Administrators; ( H ) Proof that the applicant is or will be capable of providing service within sixty (60) days of the numbering resources activation date in accordance with paragraph (g)(2) of this section; ( I ) Proof that the applicant has filed FCC Forms 477 and 499, or a statement explaining why each such form is not yet applicable; ( J ) A certification that the applicant complies with its applicable Universal Service Fund contribution obligations under part 54, subpart H, of this chapter, its Telecommunications Relay Service contribution obligations under § 64.604(c)(5)(iii) of this chapter , its NANP and local number portability (LNP) administration contribution obligations under §§ 52.17 and 52.32 of this chapter , and its obligations to pay regulatory fees under § 1.1154 of this chapter ; ( K ) A certification that the applicant possesses the financial, managerial, and technical expertise to provide reliable service. This certification must include the name of applicant's key management and technical personnel, such as the Chief Operating Officer and the Chief Technology Officer, or equivalent, and state that neither the applicant nor any of the identified personnel are being or have been investigated by the Commission, law enforcement, or any regulatory agency for failure to comply with any law, rule, or order, including the Commission's rules in this chapter applicable to unlawful robocalls or unlawful spoofing; ( L ) The same information, disclosures, and certifications required by § 63.18(h) and (i) of this chapter ; ( M ) A certification pursuant to §§ 1.2001 and 1.2002 of this chapter that no party to the application is subject to a denial of Federal benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1988, see 21 U.S.C. 862 ; ( N ) A declaration under penalty of perjury pursuant to § 1.16 of this chapter that all statements in the application and any appendices are true and accurate. This declaration shall be executed by an officer or other authorized representative of the applicant. ( iii ) Filing procedure. An applicant for Commission authorization under this section must file its application electronically through the “Submit a Non-Docketed Filing” module of the Commission's Electronic Comment Filing System (ECFS). Each application shall be accompanied by the fee prescribed in part 1, subpart G, of this chapter. ( iv ) Public notice and review period for streamlined pleading cycle. Upon determination by the Bureau that the applicant has filed a complete application that is appropriate for streamlined treatment, the Bureau will assign a docket number to the application and issue a public notice stating that the application has been accepted for filing as a streamlined application. The applicant must make all subsequent filings relating to its application in this docket. Parties may file comments addressing an application for authorization no later than 15 days after the Bureau releases a public notice stating that the application has been accepted for filing, unless the public notice specifies a different filing date. An application under this section is deemed granted by the Commission on the 31st day after the Commission releases a public notice stating that the application has been accepted for filing, unless the Bureau notifies the applicant that the grant will not be automatically effective. ( v ) Non-streamlined processing of applications. If an application discloses that the applicant has reportable ownership by a foreign person or entity, the Bureau shall remove the application from streamlined processing. The Bureau may also remove an application from streamlined processing at its discretion for other reasons. The Bureau shall notify the applicant by public notice that it is removing the application from streamlined processing, and shall state the reason for the removal. An application may also receive non-streamlined processing if: ( A ) An applicant fails to respond promptly to Commission inquiries; ( B ) An application is associated with a non-routine request for waiver of the Commission's rules in this chapter; ( C ) An application would, on its face, violate a Commission rule in this chapter or the Communications Act; ( D ) Timely filed comments on the application raise public interest concerns that require further Commission review; or ( E ) The Bureau determines that the application requires further analysis to determine whether granting the application serves the public interest. ( vi ) Additional information. Applicants must provide additional information requested by the Bureau during and after its initial review of a direct access application. Failure to respond to such a request or other official correspondence may result in the rejection of the application without prejudice. Any additional information that the Bureau may require must be submitted in the same manner as the original application filing, unless the Bureau specifies another method. ( vii ) Rejection of applications. The Bureau may reject an application by announcing the rejection, the reasons for the rejection, and whether the rejection is with or without prejudice via public notice if it determines or has a reasonable basis to believe that: ( A ) The applicant cannot satisfy the qualification requirements for a Commission authorization under this paragraph (g)(3) ; ( B ) The applicant has made a false statement or certification to the Commission; ( C ) The applicant has engaged in behavior contrary to the public interest; or ( D ) Granting the application would not serve the public interest. ( viii ) Authorization suspension. The Wireline Competition Bureau or Enforcement Bureau may suspend a direct access authorization holder's access to new numbering resources under 5 U.S.C. 558(c) : ( A ) After either Bureau determines that the authorization holder acted willfully; or public health, interest, or safety requires an immediate suspension; or ( B ) After giving the authorization holder notice and an opportunity to demonstrate compliance with the Commission's rules in this chapter. ( ix ) Authorization revocation. The Wireline Competition Bureau or Enforcement Bureau shall determine appropriate procedures and initiate revocation and/or termination proceedings and revoke and/or terminate an authorization, as required by due process and applicable law and in light of the relevant facts and circumstances, including providing the authorization holder with notice and opportunity to respond. Either Bureau may commence such revocation and/or termination proceedings if: ( A ) The authorization holder has failed to comply with the Commission's numbering rules in this part. ( B ) The authorization holder no longer meets the requirements for a Commission authorization under this paragraph (g)(3) ; ( C ) The authorization holder, or officer or authorized representative of the authorization holder, has made a false statement or certification to the Commission; or ( D ) Revoking and/or terminating the authorization is in the public interest. ( x ) Conditions applicable to all interconnected VoIP provider numbering authorizations. An interconnected VoIP provider authorized to request numbering resources directly from the Numbering Administrators under this section shall: ( A ) Maintain the accuracy of all contact information, certifications, and ownership or affiliation information in its application. If any contact information, certification, or affiliation information submitted in an application pursuant to this section, is no longer accurate, the provider must file a correction with the Commission and each applicable state within thirty (30) days of the change of contact information, certification, or affiliation information. Regarding ownership information, if the holders of equity and/or voting interests in the provider change such that a provider that previously did not have reportable ownership or control information under paragraph (g)(3)(ii)(L) of this section now has reportable ownership or control information, or there is a change to the reportable ownership or control information the provider previously reported under paragraph (g)(3)(ii)(L), the provider must file a correction with the Commission and each applicable state within thirty (30) days of the change to its ownership or control information. The Commission may use the updated contact information, certifications, or ownership or affiliation information to determine whether a change in authorization status is warranted; ( B ) Comply with the applicable Commission numbering rules in this part; numbering authority delegated to the states; and industry guidelines and practices regarding numbering as applicable to telecommunications carriers; ( C ) File requests for numbers with the relevant state commission(s) at least thirty (30) days before requesting numbers from the Numbering Administrators; and ( D ) Provide accurate regulatory and numbering contact information to each state commission when requesting numbers in that state. ( 4 ) Growth numbering resources. ( i ) Applications for growth numbering resources shall include: ( A ) A Months-to-Exhaust Worksheet that provides utilization by rate center for the preceding six months and projected monthly utilization for the next twelve (12) months; and ( B ) The applicant's current numbering resource utilization level for the rate center in which it is seeking growth numbering resources. ( ii ) The numbering resource utilization level shall be calculated by dividing all assigned numbers by the total numbering resources in the applicant's inventory and multiplying the result by 100. Numbering resources activated in the Local Exchange Routing Guide (LERG) within the preceding 90 days of reporting utilization levels may be excluded from the utilization calculation. ( iii ) All service providers shall maintain no more than a six-month inventory of telephone numbers in each rate center or service area in which it provides telecommunications service. ( iv ) The NANPA shall withhold numbering resources from any U.S. carrier that fails to comply with the reporting and numbering resource application requirements established in this part. The NANPA shall not issue numbering resources to a carrier without an OCN. The NANPA must notify the carrier in writing of its decision to withhold numbering resources within ten (10) days of receiving a request for numbering resources. The carrier may challenge the NANPA's decision to the appropriate state regulatory commission. The state commission may affirm or overturn the NANPA's decision to withhold numbering resources from the carrier based on its determination of compliance with the reporting and numbering resource application requirements herein. ( 5 ) Non-compliance. The NANPA shall withhold numbering resources from any U.S. carrier that fails to comply with the reporting and numbering resource application requirements established in this part. The NANPA shall not issue numbering resources to a carrier without an Operating Company Number (OCN). The NANPA must notify the carrier in writing of its decision to withhold numbering resources within ten (10) days of receiving a request for numbering resources. The carrier may challenge the NANPA's decision to the appropriate state regulatory commission. The state commission may affirm, or may overturn, the NANPA's decision to withhold numbering resources from the carrier based on its determination that the carrier has complied with the reporting and numbering resource application requirements herein. The state commission also may overturn the NANPA's decision to withhold numbering resources from the carrier based on its determination that the carrier has demonstrated a verifiable need for numbering resources and has exhausted all other available remedies. ( 6 ) State access to applications. State regulatory commissions shall have access to service provider's applications for numbering resources. The state commissions should request copies of such applications from the service providers operating within their states, and service providers must comply with state commission requests for copies of numbering resource applications. Carriers that fail to comply with a state commission request for numbering resource application materials shall be denied numbering resources. ( h ) National utilization threshold. All applicants for growth numbering resources shall achieve a 60% utilization threshold, calculated in accordance with paragraph (g)(3)(ii) of this section, for the rate center in which they are requesting growth numbering resources. This 60% utilization threshold shall increase by 5% on June 30, 2002, and annually thereafter until the utilization threshold reaches 75%. ( i ) Reclamation of numbering resources. ( 1 ) Reclamation refers to the process by which service providers are required to return numbering resources to the NANPA or the Pooling Administrator. ( 2 ) State commissions may investigate and determine whether service providers have activated their numbering resources and may request proof from all service providers that numbering resources have been activated and assignment of telephone numbers has commenced. ( 3 ) Service providers may be required to reduce contamination levels to facilitate reclamation and/or pooling. ( 4 ) State commissions shall provide service providers an opportunity to explain the circumstances causing the delay in activating and commencing assignment of their numbering resources prior to initiating reclamation. ( 5 ) The NANPA and the Pooling Administrator shall abide by the state commission's determination to reclaim numbering resources if the state commission is satisfied that the service provider has not activated and commenced assignment to end users of their numbering resources within six months of receipt. ( 6 ) The NANPA and Pooling Administrator shall initiate reclamation within sixty days of expiration of the service provider's applicable activation deadline. ( 7 ) If a state commission declines to exercise the authority delegated to it in this paragraph, the entity or entities designated by the Commission to serve as the NANPA shall exercise this authority with respect to NXX codes and the Pooling Administrator shall exercise this authority with respect to thousands-blocks. The NANPA and the Pooling Administrator shall consult with the Wireline Competition Bureau prior to exercising the authority delegated to it in this provision. ( j ) Sequential number assignment. ( 1 ) All service providers shall assign all available telephone numbers within an opened thousands-block before assigning telephone numbers from an uncontaminated thousands-block, unless the available numbers in the opened thousands-block are not sufficient to meet a specific customer request. This requirement shall apply to a service provider's existing numbering resources as well as any new numbering resources it obtains in the future. ( 2 ) A service provider that opens an uncontaminated thousands-block prior to assigning all available telephone numbers within an opened thousands-block should be prepared to demonstrate to the state commission: ( i ) A genuine request from a customer detailing the specific need for telephone numbers; and ( ii ) The service provider's inability to meet the specific customer request for telephone numbers from the available numbers within the service provider's opened thousands-blocks. ( 3 ) Upon a finding by a state commission that a service provider inappropriately assigned telephone numbers from an uncontaminated thousands-block, the NANPA or the Pooling Administrator shall suspend assignment or allocation of any additional numbering resources to that service provider in the applicable NPA until the service provider demonstrates that it does not have sufficient numbering resources to meet a specific customer request. ( k ) Numbering audits. ( 1 ) All telecommunications service providers shall be subject to “for cause” and random audits to verify carrier compliance with Commission regulations and applicable industry guidelines relating to numbering administration. ( 2 ) The Enforcement Bureau will oversee the conduct and scope of all numbering audits conducted under the Commission's jurisdiction, and determine the audit procedures necessary to perform the audit. Numbering audits performed by independent auditors pursuant to this section shall be conducted in accordance with generally accepted auditing standards and the American Institute of Certified Public Accountants' standards for compliance attestation engagements, as supplemented by the guidance and direction of the Chief of the Enforcement Bureau. ( 3 ) Requests for “for cause” audits shall be forwarded to the Chief of the Enforcement Bureau, with a copy to the Chief of the Common Carrier Bureau. Requests must state the reason for which a “for cause” audit is being requested and include documentation of the alleged anomaly, inconsistency, or violation of the Commission rules or orders or applicable industry guidelines. The Chief of the Enforcement Bureau will provide carriers up to 30 days to provide a written response to a request for a “for cause” audit. [ 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 FR 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, 2015; 84 FR 11232 , Mar. 26, 2019; 88 FR 80636 , Nov. 20, 2023; 89 FR 80637 , Aug. 8, 2024] § 52.16 Billing and Collection Agent. The B&C Agent shall: ( a ) Calculate, assess, bill and collect payments for all numbering administration functions and distribute funds to the NANPA, or other agent designated by the Common Carrier Bureau that performs functions related to numbering administration, on a monthly basis; ( b ) Distribute to carriers the “Telecommunications Reporting Worksheet,” described in § 52.17(b) . ( c ) Keep confidential all data obtained from carriers and not disclose such data in company-specific form unless authorized by the Commission. Subject to any restrictions imposed by the Chief of the Wireline Competition Bureau, the B & C Agent may share data obtained from carriers with the administrators of the universal service support mechanism (See 47 CFR 54.701 of this chapter), the TRS Fund (See 47 CFR 64.604(c)(4)(iii)(H) of this chapter), and the local number portability cost recovery (See 47 CFR 52.32 ). The B & C Agent shall keep confidential all data obtained from other administrators. The B & C Agent shall use such data, from carriers or administrators, only for calculating, collecting and verifying payments. The Commission shall have access to all data reported to the Administrator. Contributors may make requests for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the time that the subject data are submitted. The Commission shall make all decisions regarding nondisclosure of company-specific information. ( d ) Develop procedures to monitor industry compliance with reporting requirements and propose specific procedures to address reporting failures and late payments; ( e ) File annual reports with the appropriate regulatory authorities of the NANP member countries as requested; and ( f ) Obtain an audit from an independent auditor after the first year of operations and annually thereafter, which shall evaluate the validity of calculated payments. The B&C Agent shall submit the audit report to the Commission for appropriate review and action. [ 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 FR 9481 , Feb. 21, 2008; 80 FR 66479 , Oct. 29, 2015] § 52.17 Costs of number administration. All telecommunications carriers in the United States shall contribute on a competitively neutral basis to meet the costs of establishing numbering administration. ( a ) Contributions to support numbering administration shall be the product of the contributors' end-user telecommunications revenues for the prior calendar year and a contribution factor determined annually by the Chief of the Common Carrier Bureau; such contributions to be no less than twenty-five dollars ($25). The contribution factor shall be based on the ratio of expected number administration expenses to end-user telecommunications revenues. Carriers that have no end-user telecommunications revenues shall contribute twenty-five dollars ($25). In the event that contributions exceed or are inadequate to cover administrative costs, the contribution factor for the following year shall be adjusted by an appropriate amount. ( b ) All telecommunications carriers in the United States shall complete and submit a “Telecommunications Reporting Worksheet” (as published by the Commission in the Federal Register ), which sets forth the information needed to calculate contributions referred to in paragraph (a) of this section. The worksheet shall be certified to by an officer of the contributor, and subject to verification by the Commission or the B & C Agent at the discretion of the Commission. The Chief of the Common Carrier Bureau may waive, reduce, modify, or eliminate contributor reporting requirements that prove unnecessary and require additional reporting requirements that the Bureau deems necessary to the sound and efficient administration of the number administration cost recovery. [ 64 FR 41331 , July 30, 1999, as amended at 73 FR 9481 , Feb. 21, 2008; 80 FR 66479 , Oct. 29, 2015] § 52.19 Area code relief. ( a ) State commissions may resolve matters involving the introduction of new area codes within their states. Such matters may include, but are not limited to: Directing whether area code relief will take the form of a geographic split, an overlay area code, or a boundary realignment; establishing new area code boundaries; establishing necessary dates for the implementation of area code relief plans; and directing public education efforts regarding area code changes. ( b ) State commissions may perform any or all functions related to initiation and development of area code relief plans, so long as they act consistently with the guidelines enumerated in this part, and subject to paragraph (b)(2) of this section. For the purposes of this paragraph, initiation and development of area code relief planning encompasses all functions related to the implementation of new area codes that were performed by central office code administrators prior to February 8, 1996. Such functions may include: declaring that the area code relief planning process should begin; convening and conducting meetings to which the telecommunications industry and the public are invited on area code relief for a particular area code; and developing the details of a proposed area code relief plan or plans. ( 1 ) The entity or entities designated by the Commission to serve as central office code administrator(s) shall initiate and develop area code relief plans for each area code in each state that has not notified such entity or entities, pursuant to paragraph (b)(2) of this section, that the state will handle such functions. ( 2 ) Pursuant to paragraph (b)(1) of this section, a state commission must notify the entity or entities designated by the Commission to serve as central office code administrator(s) for its state that such state commission intends to perform matters related to initiation and development of area code relief planning efforts in its state. Notification shall be written and shall include a description of the specific functions the state commission intends to perform. Where the NANP Administrator serves as the central office code administrator, such notification must be made within 120 days of the selection of the NANP Administrator. ( c ) New area codes may be introduced through the use of: ( 1 ) A geographic area code split, which occurs when the geographic area served by an area code in which there are few or no central office codes left for assignment is split into two or more geographic parts; ( 2 ) An area code boundary realignment, which occurs when the boundary lines between two adjacent area codes are shifted to allow the transfer of some central office codes from an area code for which central office codes remain unassigned to an area code for which few or no central office codes are left for assignment; or ( 3 ) An all services area code overlay, which occurs when a new area code is introduced to serve the same geographic area as one or more existing area code(s), subject to the following conditions: ( i ) No all services area code overlay may be implemented unless all numbering resources in the new overlay area code are assigned to those entities requesting assignment on a first-come, first-serve basis, regardless of the identity of, technology used by, or type of service provided by that entity, except to the extent that a technology- or service-specific overlay is authorized by the Commission. No group of telecommunications carriers shall be excluded from assignment of numbering resources in the existing area code, or be assigned such resources only from the all services overlay area code, based solely on that group's provision of a specific type of telecommunications service or use of a particular technology; and ( ii ) No area code overlay may be implemented unless there exists, at the time of implementation, mandatory ten-digit dialing for every telephone call within and between all area codes in the geographic area covered by the overlay area code. ( 4 ) A technology-specific or service-specific overlay, which occurs when a new area code is introduced to serve the same geographic area as one or more existing area code(s) and numbering resources in the new area code overlay are assigned to a specific technology(ies) or service(s). State commissions may not implement a technology-specific or service-specific overlay without express authority from the Commission. [ 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] Subpart C—Number Portability Source: 61 FR 38637 , July 25, 1996, unless otherwise noted. Redesignated at 61 FR 47353 , Sept. 6, 1996. § 52.20 Thousands-block number pooling. ( a ) Definition. Thousands-block number pooling is a process by which the 10,000 numbers in a central office code (NXX) are separated into ten sequential blocks of 1,000 numbers each (thousands-blocks), and allocated separately within a rate center. ( b ) General requirements. Pursuant to the Commission's adoption of thousands-block number pooling as a mandatory nationwide numbering resource optimization strategy, all carriers, except those exempted by the Commission, must participate in thousands-block number pooling where it is implemented and in accordance with the national thousands-block number pooling framework and implementation schedule established by the Commission. ( c ) Donation of thousands-blocks. ( 1 ) All service providers required to participate in thousands-block number pooling shall donate thousands-blocks with ten percent or less contamination to the thousands-block number pool for the rate center within which the numbering resources are assigned. ( 2 ) All service providers required to participate in thousands-block number pooling shall be allowed to retain at least one thousands-block per rate center, even if the thousands-block is ten percent or less contaminated, as an initial block or footprint block. ( d ) Thousands-Block Pooling Administrator. ( 1 ) The Pooling Administrator shall be a non-governmental entity that is impartial and not aligned with any particular telecommunication industry segment, and shall comply with the same neutrality requirements that the NANPA is subject to under this part. ( 2 ) The Pooling Administrator shall maintain no more than a six-month inventory of telephone numbers in each thousands-block number pool. [ 65 FR 37709 , June 16, 2000, as amended at 66 FR 9532 , Feb. 8, 2001; 68 FR 43009 , July 21, 2003] § 52.21 Definitions. As used in this subpart: ( a ) The term 100 largest MSAs includes the 100 largest MSAs as identified in the 1990 U.S. Census reports, as set forth in the Appendix to this part, as well as those areas identified as one of the largest 100 MSAs on subsequent updates to the U.S. Census reports. ( b ) The term broadband PCS has the same meaning as that term is defined in § 24.5 of this chapter. ( c ) The term cellular service has the same meaning as that term is defined in § 22.99 of this chapter . ( d ) The term covered CMRS means broadband PCS, cellular, and 800/900 MHz SMR licensees that hold geographic area licenses or are incumbent SMR wide area licensees, and offer real-time, two-way switched voice service, are interconnected with the public switched network, and utilize an in-network switching facility that enables such CMRS systems to reuse frequencies and accomplish seamless hand-offs of subscriber calls. ( e ) The term database method means a number portability method that utilizes one or more external databases for providing called party routing information. ( f ) The term downstream database means a database owned and operated by an individual carrier for the purpose of providing number portability in conjunction with other functions and services. ( g ) The term incumbent wide area SMR licensee has the same meaning as that term is defined in § 20.3 of this chapter . ( h ) The term IP Relay provider means an entity that provides IP Relay as defined by 47 CFR 64.601 . ( i ) The term local exchange carrier means any person that is engaged in the provision of telephone exchange service or exchange access. For purposes of this subpart, such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under 47 U.S.C. 332(c) . ( j ) The term local number portability administrator (LNPA) means an independent, non-governmental entity, not aligned with any particular telecommunications industry segment, whose duties are determined by the NANC. ( k ) The term location portability means the ability of users of telecommunications services to retain existing telecommunications numbers without impairment of quality, reliability, or convenience when moving from one physical location to another. ( l ) The term long-term database method means a database method that complies with the performance criteria set forth in § 52.3(a) . ( m ) The term number portability means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another. ( n ) The term regional database means an SMS database or an SMS/SCP pair that contains information necessary for carriers to provide number portability in a region as determined by the NANC. ( o ) The term Registered Internet-based TRS User has the meaning set forth in 47 CFR 64.601 . ( p ) The term service control point (SCP) means a database in the public switched network which contains information and call processing instructions needed to process and complete a telephone call. The network switches access an SCP to obtain such information. Typically, the information contained in an SCP is obtained from the SMS. ( q ) The term service management system (SMS) means a database or computer system not part of the public switched network that, among other things: ( 1 ) Interconnects to an SCP and sends to that SCP the information and call processing instructions needed for a network switch to process and complete a telephone call; and ( 2 ) Provides telecommunications carriers with the capability of entering and storing data regarding the processing and completing of a telephone call. ( r ) The term service portability means the ability of users of telecommunications services to retain existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications service to another, without switching from one telecommunications carrier to another. ( s ) The term service provider portability means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another. ( t ) The term transitional number portability measure means a method that allows one local exchange carrier to transfer telephone numbers from its network to the network of another telecommunications carrier, but does not comply with the performance criteria set forth in 52.3(a). Transitional number portability measures are technically feasible methods of providing number portability including Remote Call Forwarding (RCF), Direct Inward Dialing (DID), Route Indexing—Portability Hub (RI-PH), Directory Number Route Indexing (DNRI) and other comparable methods. ( u ) The term VRS provider means an entity that provides VRS as defined by 47 CFR 64.601 . ( v ) The term 2009 LNP Porting Intervals Order refers to In the Matters of Local Number Portability Porting Interval and Validation Requirements; Telephone Number Portability, WC Docket No. 07-244, CC Docket No. 95-116, Report and Order and Further Notice of Proposed Rulemaking, FCC 09-41 (2009). [ 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 68203 , 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, 2008; 74 FR 31638 , July 2, 2009; 80 FR 66479 , Oct. 29, 2015] § 52.23 Deployment of long-term database methods for number portability by LECs. ( a ) Subject to paragraphs (b) and (c) of this section, all local exchange carriers (LECs) must provide number portability in compliance with the following performance criteria: ( 1 ) Supports network services, features, and capabilities existing at the time number portability is implemented, including but not limited to emergency services, CLASS features, operator and directory assistance services, and intercept capabilities; ( 2 ) Efficiently uses numbering resources; ( 3 ) Does not require end users to change their telecommunications numbers; ( 4 ) Does not result in unreasonable degradation in service quality or network reliability when implemented; ( 5 ) Does not result in any degradation in service quality or network reliability when customers switch carriers; ( 6 ) Does not result in a carrier having a proprietary interest; ( 7 ) Is able to migrate to location and service portability; and ( 8 ) Has no significant adverse impact outside the areas where number portability is deployed. ( b ) ( 1 ) All LECs must provide a long-term database method for number portability in the 100 largest Metropolitan Statistical Areas (MSAs), as defined in § 52.21(k) , in switches for which another carrier has made a specific request for the provision of number portability, subject to paragraph (b)(2) of this section. ( 2 ) Any procedure to identify and request switches for deployment of number portability must comply with the following criteria: ( i ) Any wireline carrier that is certified (or has applied for certification) to provide local exchange service in a state, or any licensed CMRS provider, must be permitted to make a request for deployment of number portability in that state; ( ii ) Carriers must submit requests for deployment at least nine months before the deployment deadline for the MSA; ( iii ) A LEC must make available upon request to any interested parties a list of its switches for which number portability has been requested and a list of its switches for which number portability has not been requested; and ( iv ) After the deadline for deployment of number portability in an MSA in the 100 largest MSAs, according to the deployment schedule set forth in the appendix to this part, a LEC must deploy number portability in that MSA in additional switches upon request within the following time frames: ( A ) For remote switches supported by a host switch equipped for portability (“Equipped Remote Switches”), within 30 days; ( B ) For switches that require software but not hardware changes to provide portability (“Hardware Capable Switches”), within 60 days; ( C ) For switches that require hardware changes to provide portability (“Capable Switches Requiring Hardware”), within 180 days; and ( D ) For switches not capable of portability that must be replaced (“Non-Capable Switches”), within 180 days. ( c ) Beginning January 1, 1999, all LECs must make a long-term database method for number portability available within six months after a specific request by another telecommunications carrier in areas in which that telecommunications carrier is operating or plans to operate. ( d ) The Chief, Common Carrier Bureau, may waive or stay any of the dates in the implementation schedule, as the Chief determines is necessary to ensure the efficient development of number portability, for a period not to exceed 9 months ( i.e. , no later than September 30, 1999). ( e ) In the event a LEC is unable to meet the Commission's deadlines for implementing a long-term database method for number portability, it may file with the Commission at least 60 days in advance of the deadline a petition to extend the time by which implementation in its network will be completed. A LEC seeking such relief must demonstrate through substantial, credible evidence the basis for its contention that it is unable to comply with the deployment schedule set forth in the appendix to this part 52. Such requests must set forth: ( 1 ) The facts that demonstrate why the carrier is unable to meet the Commission's deployment schedule; ( 2 ) A detailed explanation of the activities that the carrier has undertaken to meet the implementation schedule prior to requesting an extension of time; ( 3 ) An identification of the particular switches for which the extension is requested; ( 4 ) The time within which the carrier will complete deployment in the affected switches; and ( 5 ) A proposed schedule with milestones for meeting the deployment date. ( f ) The Chief, Wireline Competition Bureau, shall monitor the progress of local exchange carriers implementing number portability, and may direct such carriers to take any actions necessary to ensure compliance with the deployment schedule set forth in the appendix to this part 52. ( g ) Carriers that are members of the Illinois Local Number Portability Workshop must conduct a field test of any technically feasible long-term database method for number portability in the Chicago, Illinois, area. The carriers participating in the test must jointly file with the Common Carrier Bureau a report of their findings within 30 days following completion of the test. The Chief, Common Carrier Bureau, shall monitor developments during the field test, and may adjust the field test completion deadline as necessary. ( h ) ( 1 ) Porting from a wireline carrier to a wireless carrier is required where the requesting wireless carrier's “coverage area,” as defined in paragraph (h)(2) of this section, overlaps the geographic location in which the customer's wireline number is provisioned, provided that the porting-in carrier maintains the number's original rate center designation following the port. ( 2 ) The wireless “coverage area” is defined as the area in which wireless service can be received from the wireless carrier. [ 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; 73 FR 9481 , Feb. 21, 2008] § 52.25 Database architecture and administration. ( a ) The North American Numbering Council (NANC) shall direct establishment of a nationwide system of regional SMS databases for the provision of long-term database methods for number portability. ( b ) All telecommunications carriers shall have equal and open access to the regional databases. ( c ) The NANC shall select a local number portability administrator(s) (LNPA(s)) to administer the regional databases within seven months of the initial meeting of the NANC. ( d ) The NANC shall determine whether one or multiple administrator(s) should be selected, whether the LNPA(s) can be the same entity selected to be the North American Numbering Plan Administrator, how the LNPA(s) should be selected, the specific duties of the LNPA(s), the geographic coverage of the regional databases, the technical interoperability and operational standards, the user interface between telecommunications carriers and the LNPA(s), the network interface between the SMS and the downstream databases, and the technical specifications for the regional databases. ( e ) Once the NANC has selected the LNPA(s) and determined the locations of the regional databases, it must report its decisions to the Commission. ( f ) The information contained in the regional databases shall be limited to the information necessary to route telephone calls to the appropriate telecommunications carriers. The NANC shall determine what specific information is necessary. ( g ) Any state may opt out of its designated regional database and implement a state-specific database. A state must notify the Wireline Competition Bureau and NANC that it plans to implement a state-specific database within 60 days from the release date of the Public Notice issued by the Chief, Wireline Competition Bureau, identifying the administrator selected by the NANC and the proposed locations of the regional databases. Carriers may challenge a state's decision to opt out of the regional database system by filing a petition with the Commission. ( h ) Individual state databases must meet the national requirements and operational standards recommended by the NANC and adopted by the Commission. In addition, such state databases must be technically compatible with the regional system of databases and must not interfere with the scheduled implementation of the regional databases. ( i ) Individual carriers may download information necessary to provide number portability from the regional databases into their own downstream databases. Individual carriers may mix information needed to provide other services or functions with the information downloaded from the regional databases at their own downstream databases. Carriers may not withhold any information necessary to provide number portability from the regional databases on the grounds that such data has been combined with other information in its downstream database. [ 61 FR 38637 , July 25, 1996. Redesignated at 61 FR 47353 , Sept. 6, 1996, as amended at 67 FR 13226 , Mar. 21, 2002] § 52.26 NANC Recommendations on Local Number Portability Administration. ( a ) Local number portability administration shall comply with the recommendations of the North American Numbering Council (NANC) as set forth in the report to the Commission prepared by the NANC's Local Number Portability Administration Selection Working Group, dated April 25, 1997 ( Working Group Report ) and its appendices. Except that: Sections 7.8 and 7.10 of Appendix D and the following portions of Appendix E: Section 7, Issue Statement I of Appendix A, and Appendix B in the Working Group Report are not incorporated herein. ( b ) In addition to the requirements set forth in the Working Group Report , the following requirements are established: ( 1 ) Each designated N-1 carrier (as described in the Working Group Report ) is responsible for ensuring number portability queries are performed on a N-1 basis where “N” is the entity terminating the call to the end user, or a network provider contracted by the entity to provide tandem access, unless another carrier has already performed the query; ( 2 ) If a telecommunictions carrier transmits a telephone call to a local exchange carrier's switch that contains any ported numbers, and the telecommunications carrier has failed to perform a database query to determine if the telephone number has been ported to another local exchange carrier, the local exchange carrier may block the unqueried call only if performing the database query is likely to impair network reliability; ( 3 ) The regional limited liability companies (LLCs), already established by telecommunications carriers in each of the original Bell Operating Company regions, shall manage and oversee the local number portability administrators, subject to review by the NANC, but only on an interim basis, until the conclusion of a rulemaking to examine the issue of local number portability administrator oversight and management and the question of whether the LLCs should continue to act in this capacity; and ( 4 ) The NANC shall provide ongoing oversight of number portability administration, including oversight of the regional LLCs, subject to Commission review. Parties shall attempt to resolve issues regarding number portability deployment among themselves and, if necessary, under the auspices of the NANC. If any party objects to the NANC's proposed resolution, the NANC shall issue a written report summarizing the positions of the parties and the basis for the recommendation adopted by the NANC. The NANC Chair shall submit its proposed resolution of the dispuited issue to the Chief of the Wireline Competition Bureau as a recommendation for Commission review. The Chief of the Wireline Competition Bureau will place the NANC's proposed resolution on public notice. Recommendations adopted by the NANC and forwarded to the Bureau may be implemented by the parties pending review of the recommendation. Within 90 days of the conclusion of the comment cycle, the Chief of the Wireline Competition Bureau may issue an order adopting, modifying, or rejecting the recommendation. If the Chief does not act within 90 days of the conclusion of the comment cycle, the recommendation will be deemed to have been adopted by the Bureau. ( c ) The NANC Working Group Report is incorporated by reference into this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . This incorporation by reference (IBR) material is available for public inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material is available at https://docs.fcc.gov/public/attachments/DOC-341177A1.pdf . [ 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; 74 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 , Apr. 10, 2023] § 52.31 Deployment of long-term database methods for number portability by CMRS providers. ( a ) By November 24, 2003, all covered CMRS providers must provide a long-term database method for number portability, including the ability to support roaming, in the 100 largest MSAs, as defined in § 52.21(k) , in compliance with the performance criteria set forth in section 52.23(a) of this part , in switches for which another carrier has made a specific request for the provision of number portability, subject to paragraph (a)(1) of this section. A licensee may have more than one CMRS system, but only the systems that satisfy the definition of covered CMRS are required to provide number portability. ( 1 ) Any procedure to identify and request switches for development of number portability must comply with the following criteria: ( i ) Any wireline carrier that is certified (or has applied for certification) to provide local exchange service in a state, or any licensed CMRS provider, must be permitted to make a request for deployment of number portability in that state; ( ii ) Carries requesting deployment in the 100 largest MSAs by November 24, 2003 must submit requests by February 24, 2003. ( iii ) A covered CMRS provider must make available upon request to any interested parties a list of its switches for which number portability has been requested and a list of its switches for which number portability has not been requested; ( iv ) After November 24, 2003, a covered CMRS provider must deploy number portability in additional switches serving the 100 largest MSAs upon request within the following time frames: ( A ) For remote switches supported by a host switch equipped for portability (“Equipped Remote Switches”), within 30 days; ( B ) For switches that require software but not hardware changes to provide portability (“Hardware Capable Switches”), within 60 days; ( C ) For switches that require hardware changes to provide portability (“Capable Switches Requiring Hardware”), within 180 days; and ( D ) For switches not capable of portability that must be replaced (“Non-Capable Switches”), within 180 days. ( v ) Carriers must be able to request deployment in any wireless switch that serves any area within the MSA, even if the wireless switch is outside that MSA, or outside any of the MSAs identified in the Appendix to this part. ( 2 ) By November 24, 2002, all covered CMRS providers must be able to support roaming nationwide. ( b ) By December 31, 1998, all covered CMRS providers must have the capability to obtain routing information, either by querying the appropriate database themselves or by making arrangements with other carriers that are capable of performing database queries, so that they can deliver calls from their networks to any party that has retained its number after switching from one telecommunications carrier to another. ( c ) [Reserved] ( d ) In the event a carrier subject to paragraphs (a) and (b) of this section is unable to meet the Commission's deadlines for implementing a long-term number portability method, it may file with the Commission at least 60 days in advance of the deadline a petition to extend the time by which implementation in its network will be completed. A carrier seeking such relief must demonstrate through substantial, credible evidence the basis for its contention that it is unable to comply with paragraphs (a) and (b) of this section. Such requests must set forth: ( 1 ) The facts that demonstrate why the carrier is unable to meet our deployment schedule; ( 2 ) A detailed explanation of the activities that the carrier has undertaken to meet the implementation schedule prior to requesting an extension of time; ( 3 ) An identification of the particular switches for which the extension is requested; ( 4 ) The time within which the carrier will complete deployment in the affected switches; and ( 5 ) A proposed schedule with milestones for meeting the deployment date. ( e ) The Chief, Wireless Telecommunications Bureau, may establish reporting requirements in order to monitor the progress of covered CMRS providers implementing number portability, and may direct such carriers to take any actions necessary to ensure compliance with this deployment schedule. [ 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; 68 FR 43009 , July 21, 2003; 71 FR 65750 , Nov. 9, 2006] § 52.32 Allocation of the shared costs of long-term number portability. ( a ) The local number portability administrator, as defined in § 52.21(h) , of each regional database, as defined in § 52.21(1) , shall recover the shared costs of long-term number portability attributable to that regional database from all telecommunications carriers providing telecommunications service in areas that regional database serves. Pursuant to its duties under § 52.26 , the local number portability administrator shall collect sufficient revenues to fund the operation of the regional database by: ( 1 ) Assessing a $100 yearly contribution on each telecommunications carrier identified in paragraph (a) introductory text that has no intrastate, interstate, or international end-user telecommunications revenue derived from providing telecommunications service in the areas that regional database serves, and ( 2 ) Assessing on each of the other telecommunications carriers providing telecommunications service in areas that regional database serves, a charge that recovers the remaining shared costs of long-term number portability attributable to that regional database in proportion to the ratio of: ( i ) The sum of the intrastate, interstate, and international end-user telecommunications revenues that such telecommunications carrier derives from providing telecommunications service in the areas that regional database serves, ii) to the sum of the intrastate, interstate, and international end-user telecommunications revenues that all telecommunications carriers derive from providing telecommunications service in the areas that regional database serves. ( b ) All telecommunications carriers providing service in the United States shall complete and submit a “Telecommunications Reporting Worksheet” (as published by the Commission in the Federal Register ), which sets forth the information needed to calculate contributions referred to in paragraph (a) of this section. The worksheet shall be certified to by an officer of the contributor, and subject to verification by the Commission or the administrator at the discretion of the Commission. The Chief of the Wireline Competition Bureau may waive, reduce, modify, or eliminate contributor reporting requirements that prove unnecessary and require additional reporting requirements that the Bureau deems necessary to the sound and efficient administration of long-term number portability. ( c ) Local number portability administrators shall keep all data obtained from contributors confidential and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Wireline Competition Bureau, the local number portability administrators may share data obtained from carriers with the administrators of the universal service support mechanism (See 47 CFR 54.701 of this chapter), the TRS Fund (See 47 CFR 64.604(c)(4)(iii)(H) of this chapter), and the North American Numbering Plan cost recovery (See 47 CFR 52.16 ). The local number portability administrators shall keep confidential all data obtained from other administrators. The administrators shall use such data, from carriers or administrators, only for purposes of administering local number portability. The Commission shall have access to all data reported to the Administrator. Contributors may make requests for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the time that the subject data are submitted. The Commission shall make all decisions regarding nondisclosure of company-specific information. ( d ) Once a telecommunications carrier has been allocated, pursuant to paragraph (a)(1) or (a)(2) of this section, its portion of the shared costs of long-term number portability attributable to a regional database, the carrier shall treat that portion as a carrier-specific cost directly related to providing number portability. [ 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; 80 FR 66479 , Oct. 29, 2015] § 52.33 Recovery of carrier-specific costs directly related to providing long-term number portability. ( a ) Incumbent local exchange carriers may recover their carrier-specific costs directly related to providing long-term number portability by establishing in tariffs filed with the Federal Communications Commission a monthly number-portability charge, as specified in paragraph (a)(1) of this section, a number portability query-service charge, as specified in paragraph (a)(2) of this section, and a monthly number-portability query/administration charge, as specified in paragraph (a)(3) of this section. ( 1 ) The monthly number-portability charge may take effect no earlier than February 1, 1999, on a date the incumbent local exchange carrier selects, and may end no later than 5 five years after the incumbent local exchange carrier's monthly number-portability charge takes effect. ( i ) An incumbent local exchange carrier may assess each end user it serves in the 100 largest metropolitan statistical areas, and each end user it serves from a number-portability-capable switch outside the 100 largest metropolitan statistical areas, one monthly number-portability charge per line except that: ( A ) One PBX trunk shall receive nine monthly number-portability charges. ( B ) One PRI ISDN line shall receive five monthly number-portability charges. ( C ) Lifeline Assistance Program customers shall not receive the monthly number-portability charge. ( ii ) An incumbent local exchange carrier may assess on carriers that purchase the incumbent local exchange carrier's switching ports as unbundled network elements under section 251 of the Communications Act, and/or Feature Group A access lines, and resellers of the incumbent local exchange carrier's local service, the same charges as described in paragraph (a)(1)(i) of this section, as if the incumbent local exchange carrier were serving those carriers' end users. ( iii ) An incumbent local exchange carrier may not assess a monthly number-portability charge for local loops carriers purchase as unbundled network elements under section 251. ( iv ) The incumbent local exchange carrier shall levelize the monthly number-portability charge over five years by setting a rate for the charge at which the present value of the revenue recovered by the charge does not exceed the present value of the cost being recovered, using a discount rate equal to the rate of return on investment which the Commission has prescribed for interstate access services pursuant to Part 65 of the Commission's Rules. ( 2 ) The number portability query-service charge may recover only carrier-specific costs directly related to providing long-term number portability that the incumbent local exchange carrier incurs to provide long-term number portability query service to carriers on a prearranged and default basis. ( 3 ) An incumbent local exchange carrier serving an area outside the 100 largest metropolitan statistical areas that is not number-portability capable but that participates in an extended area service calling plan with any one of the 100 largest metropolitan statistical areas or with an adjacent number portability-capable local exchange carrier may assess each end user it serves one monthly number-portability query/administration charge per line to recover the costs of queries, as specified in paragraph (a)(2) of this section, and carrier-specific costs directly related to the carrier's allocated share of the regional local number portability administrator's costs, except that per-line monthly number-portability query/administration charges shall be assigned as specified in paragraph (a)(1) of this section with respect to monthly number-portability charges. ( i ) Such incumbent local exchange carriers may assess a separate monthly number-portability charge as specified in paragraph (a)(1) of this section but such charge may recover only the costs incurred to implement number portability functionality and shall not include costs recovered through the monthly number-portability query/administration charge. ( ii ) The monthly number-portability query/administration charge may end no later than five years after the incumbent local exchange carrier's monthly number-portability query/administration charge takes effect. The monthly number-portability query/administration charge may be collected over a different five-year period than the monthly number-portability charge. These five-year periods may run either consecutively or concurrently, in whole or in part. ( b ) All telecommunications carriers other than incumbent local exchange carriers may recover their number portability costs in any manner consistent with applicable state and federal laws and regulations. [ 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] § 52.34 Obligations regarding local number porting to and from interconnected VoIP or Internet-based TRS providers. ( a ) An interconnected VoIP or VRS or IP Relay provider must facilitate an end-user customer's or a Registered Internet-based TRS User's valid number portability request, as it is defined in this subpart, either to or from a telecommunications carrier or an interconnected VoIP or VRS or IP Relay provider. “Facilitate” is defined as the interconnected VoIP or VRS or IP Relay provider's affirmative legal obligation to take all steps necessary to initiate or allow a port-in or port-out itself or through the telecommunications carriers, if any, that it relies on to obtain numbering resources, subject to a valid port request, without unreasonable delay or unreasonable procedures that have the effect of delaying or denying porting of the NANP-based telephone number. ( b ) An interconnected VoIP or VRS or IP Relay provider may not enter into any agreement that would prohibit an end-user customer or a Registered Internet-based TRS User from porting between interconnected VoIP or VRS or IP Relay providers, or to or from a telecommunications carrier. ( c ) Telecommunications carriers must facilitate an end-user customer's valid number portability request either to or from an interconnected VoIP or VRS or IP Relay provider. “Facilitate” is defined as the telecommunication carrier's affirmative legal obligation to take all steps necessary to initiate or allow a port-in or port-out itself, subject to a valid port request, without unreasonable delay or unreasonable procedures that have the effect of delaying or denying porting of the NANP-based telephone number. [ 73 FR 9481 , Feb. 21, 2008, as amended at 73 FR 41294 , July 18, 2008; 80 FR 66479 , Oct. 29, 2015] § 52.35 Porting Intervals. ( a ) All telecommunications carriers required by the Commission to port telephone numbers must complete a simple wireline-to-wireline or simple intermodal port request within one business day unless a longer period is requested by the new provider or by the customer. The traditional work week of Monday through Friday represents mandatory business days and 8 a.m. to 5 p.m. represents minimum business hours, excluding the current service provider's company-defined holidays. An accurate and complete Local Service Request (LSR) must be received by the current service provider between 8 a.m. and 1 p.m. local time for a simple port request to be eligible for activation at midnight on the same day. Any simple port LSRs received after this time will be considered received on the following business day at 8 a.m. local time. ( b ) Small providers, as described in the 2009 LNP Porting Interval Order, must comply with this section by February 2, 2011. ( c ) Unless directed otherwise by the Commission, any telecommunications carrier granted a waiver by the Commission of the one-business day porting interval described in paragraph (a) must complete a simple wireline-to-wireline or simple intermodal port request within four business days unless a longer period is requested by the new provider or by the customer. ( d ) All telecommunications carriers required by the Commission to port telephone numbers must complete a non-simple wireline-to-wireline or non-simple intermodal port request within four business days unless a longer period is requested by the new provider or by the customer. ( e ) For purposes of this section: ( 1 ) The term “local time” means the predominant time zone of the Number Portability Administration Center (NPAC) Region in which the telephone number is being ported; and ( 2 ) The term “intermodal ports” includes ( i ) Wireline-to-wireless ports; ( ii ) Wireless-to-wireline ports; and ( iii ) Ports involving interconnected VoIP service. [ 75 FR 35315 , June 22, 2010, as amended at 80 FR 66480 , Oct. 29, 2015] § 52.36 Standard data fields for simple port order processing. ( a ) A telecommunications carrier may require only the data described in paragraphs (b) and (c) of this section to accomplish a simple port order request from an end user customer's new telecommunication's carrier. ( b ) Required standard data fields. ( 1 ) Ported telephone number; ( 2 ) Account number; ( 3 ) Zip code; ( 4 ) Company code; ( 5 ) New network service provider; ( 6 ) Desired due date; ( 7 ) Purchase order number; ( 8 ) Version; ( 9 ) Number portability direction indicator; ( 10 ) Customer carrier name abbreviation; ( 11 ) Requisition type and status; ( 12 ) Activity; ( 13 ) Telephone number of initiator; and ( 14 ) Agency authority status. ( c ) Optional standard data field. The Passcode field shall be optional unless the passcode has been requested and assigned by the end user. [ 75 FR 35315 , June 22, 2010, as amended at 80 FR 66480 , Oct. 29, 2015] § 52.37 Number Portability Requirements for Wireless Providers. Cross Reference Link to an amendment published at 88 FR 85814 , Dec. 8, 2023. ( a ) Applicability. This section applies to all providers of commercial mobile radio service (CMRS), as defined in 47 CFR 20.3 , including resellers of wireless service. ( b ) Authentication of port-out requests. A CMRS provider shall use secure methods to authenticate a customer that are reasonably designed to confirm the customer's identity before effectuating a port-out request, except to the extent otherwise required by 47 U.S.C. 345 (Safe Connections Act of 2022) or Part 64 Subpart II of this chapter. A CMRS provider shall regularly, but not less than annually, review and, as necessary, update its customer authentication methods to ensure that its authentication methods continue to be secure. ( c ) - ( e ) [Reserved] ( f ) Employee Training. A CMRS provider shall develop and implement training for employees to specifically address fraudulent port-out attempts, complaints, and remediation. Training shall include, at a minimum, how to identify fraudulent requests, how to recognize when a customer may be the victim of fraud, and how to direct potential victims and individuals making potentially fraudulent requests to employees specifically trained to handle such incidents. ( g ) [Reserved] ( h ) This section contains information-collection and/or recordkeeping requirements. Compliance with this section will not be required until this paragraph is removed or contains a compliance date. [ 88 FR 85813 , Dec. 8, 2023] §§ 52.38-52.99 [Reserved] Subpart D—Toll Free Numbers Source: 62 FR 20127 , Apr. 25, 1997, unless otherwise noted. § 52.101 General definitions. As used in this part: ( a ) Toll Free Numbering Administrator (TFNA). The entity appointed by the Commission under its authority pursuant to 47 U.S.C. 251(e)(1) that provides user support for the Service Management System database and administers the Service Management System database on a day-to-day basis. ( b ) Responsible Organization (“RespOrg”). The entity chosen by a toll free subscriber to manage and administer the appropriate records in the toll free Service Management System for the toll free subscriber. ( c ) Service Control Points. The regional databases in the toll free network. ( d ) Service Management System Database (“SMS Database”). The administrative database system for toll free numbers. The Service Management System is a computer system that enables Responsible Organizations to enter and amend the data about toll free numbers within their control. The Service Management System shares this information with the Service Control Points. The entire system is the SMS database. ( e ) Toll Free Subscriber. The entity that has been assigned a toll free number. ( f ) Toll Free Number. A telephone number for which the toll charges for completed calls are paid by the toll free subscriber. The toll free subscriber's specific geographic location has no bearing on what toll free number it can obtain from the SMS database. [ 62 FR 20127 , Apr. 25, 1997, as amended at 83 FR 53395 , Oct. 23, 2018] § 52.103 Lag times. ( a ) Definitions. As used in this section, the following definitions apply: ( 1 ) Assigned Status. A toll free number record that has specific subscriber routing information entered by the Responsible Organization in the Service Management System database and is pending activation in the Service Control Points. ( 2 ) Disconnect Status. The toll free number has been discontinued and an exchange carrier intercept recording is being provided. ( 3 ) Lag Time. The interval between a toll free number's reservation in the Service Management System database and its conversion to working status, as well as the period of time between disconnection or cancellation of a toll free number and the point at which that toll free number may be reassigned to another toll free subscriber. ( 4 ) Reserved Status. The toll free number has been reserved from the Service Management System database by a Responsible Organization for a toll free subscriber. ( 5 ) Seasonal Numbers. Toll free numbers held by toll free subscribers who do not have a year-round need for a toll free number. ( 6 ) Spare Status. The toll free number is available for assignment by a Responsible Organization. ( 7 ) Suspend Status. The toll free service has been temporarily disconnected and is scheduled to be reactivated. ( 8 ) Unavailable Status. The toll free number is not available for assignment due to an unusual condition. ( 9 ) Working Status. The toll free number is loaded in the Service Control Points and is being utilized to complete toll free service calls. ( 10 ) Transitional Status. Toll free numbers that have been disconnected for less than four months, but for which no Exchange Carrier Intercept Recording is being provided. ( b ) Reserved Status. Toll free numbers may remain in reserved status for up to 45 days. There shall be no extension of the reservation period after expiration of the initial 45-day interval. ( 1 ) Toll free numbers assigned via competitive bidding may remain in reserved status for a period of unlimited duration. ( 2 ) [Reserved] ( c ) Assigned Status. Toll free numbers may remain in assigned status until changed to working status or for a maximum of 6 months, whichever occurs first. Toll free numbers that, because of special circumstances, require that they be designated for a particular subscriber far in advance of their actual usage shall not be placed in assigned status, but instead shall be placed in unavailable status. ( d ) Disconnect Status. Toll free numbers must remain in disconnect status or a combination of disconnect and transitional status for no less than 45 days and for no more than 4 months. No requests for extension of the 4-month disconnect or disconnect and transitional interval will be granted. All toll free numbers in disconnect or transitional status must go directly into the spare or unavailable category upon expiration of the 4-month disconnect or transitional interval. A Responsible Organization may not retrieve a toll free number from disconnect or transitional status and return that number directly to working status at the expiration of the 4-month disconnect or transitional interval. ( e ) Suspend Status. Toll free numbers may remain in suspend status until changed to working status or for a maximum of 8 months, whichever occurs first. Only numbers involved in billing disputes shall be eligible for suspend status. ( f ) Unavailable Status. ( 1 ) Written requests to make a specific toll free number unavailable must be submitted to the Toll Free Numbering Administrator (TFNA) by the Responsible Organization managing the records of the toll free number. The request shall include the appropriate documentation of the reason for the request. The Toll Free Numbering Administrator (TFNA) is the only entity that can assign this status to or remove this status from a number. Responsible Organizations that have a Toll Free Subscriber with special circumstances requiring that a toll free number be designated for that particular subscriber far in advance of its actual usage may request that the Toll Free Numbering Administrator (TFNA) place such a number in unavailable status. ( 2 ) Seasonal numbers shall be placed in unavailable status. The Responsible Organization for a Toll Free Subscriber who does not have a year round need for a toll free number shall follow the procedures outlined in § 52.103(f)(1) of these rules if it wants the Toll Free Numbering Administrator (TFNA) to place a particular toll free number in unavailable status. [ 62 FR 20127 , Apr. 25, 1997, as amended at 83 FR 53396 , Oct. 23, 2018; 84 FR 11232 , Mar. 26, 2019] § 52.105 Warehousing. ( a ) As used in this section, warehousing is the practice whereby Responsible Organizations, either directly or indirectly through an affiliate, reserve toll free numbers from the Service Management System database without having an actual toll free subscriber for whom those numbers are being reserved. ( b ) Responsible Organizations shall not warehouse toll free numbers. There shall be a rebuttable presumption that a Responsible Organization is warehousing toll free numbers if: ( 1 ) The Responsible Organization does not have an identified toll free subscriber agreeing to be billed for service associated with each toll free number reserved from the Service Management System database; or ( 2 ) The Responsible Organization does not have an identified toll free subscriber agreeing to be billed for service associated with a toll free number before switching that toll free number from reserved or assigned to working status. ( c ) Responsible Organizations shall not maintain a toll free number in reserved status if there is not a prospective toll free subscriber requesting that toll free number. ( d ) A Responsible Organization's act of reserving a number from the Service Management System database shall serve as that Responsible Organization's certification that there is an identified toll free subscriber agreeing to be billed for service associated with the toll free number. ( e ) Tariff Provision. The following provision shall be included in the Service Management System tariff and in the local exchange carriers' toll free database access tariffs: [T]he Federal Communications Commission (“FCC”) has concluded that warehousing, which the FCC defines as Responsible Organizations, either directly or indirectly through an affiliate, reserving toll free numbers from the SMS database without having an identified toll free subscriber from whom those numbers are being reserved, is an unreasonable practice under § 201(b) of the Communications Act and is inconsistent with the Commission's obligation under § 251(e) of the Communications Act to ensure that numbers are made available on an equitable basis; and if a Responsible Organization does not have an identified toll free subscriber agreeing to be billed for service associated with each toll free number reserved from the database, or if a Responsible Organization does not have an identified, billed toll free subscriber before switching a number from reserved or assigned to working status, then there is a rebuttable presumption that the Responsible Organization is warehousing numbers. Responsible Organizations that warehouse numbers will be subject to penalties. ( f ) The provisions of this section shall not apply to toll free numbers assigned via competitive bidding or to numbers transferred under this exception. [ 62 FR 20127 , Apr. 25, 1997, as amended at 83 FR 53396 , Oct. 23, 2018] § 52.107 Hoarding. ( a ) As used in this section, hoarding is the acquisition by a toll free subscriber from a Responsible Organization of more toll free numbers than the toll free subscriber intends to use for the provision of toll free service. The definition of hoarding also includes number brokering, which is the selling of a toll free number by a private entity for a fee. ( 1 ) Toll free subscribers shall not hoard toll free numbers. ( 2 ) No person or entity shall acquire a toll free number for the purpose of selling the toll free number to another entity or to a person for a fee. ( 3 ) Routing multiple toll free numbers to a single toll free subscriber will create a rebuttable presumption that the toll free subscriber is hoarding or brokering toll free numbers. ( b ) Tariff Provision. The following provision shall be included in the Service Management System tariff and in the local exchange carriers' toll free database access tariffs: [T]he Federal Communications Commission (“FCC”) has concluded that hoarding, defined as the acquisition of more toll free numbers than one intends to use for the provision of toll free service, as well as the sale of a toll free number by a private entity for a fee, is contrary to the public interest in the conservation of the scarce toll free number resource and contrary to the FCC's responsibility to promote the orderly use and allocation of toll free numbers. ( c ) Toll Free Numbers Assigned via Competitive Bidding. The provisions of this section shall not apply to toll free numbers assigned via competitive bidding or to numbers transferred under the exception to § 52.105 contained in paragraph (f) of that section. [ 62 FR 20127 , Apr. 25, 1997, as amended at 83 FR 53396 , Oct. 23, 2018] § 52.109 Permanent cap on number reservations. ( a ) A Responsible Organization may have in reserve status, at any one time, either 2000 toll free numbers or 7.5 percent of that Responsible Organization's numbers in working status, whichever is greater. ( b ) A Responsible Organization shall never reserve more than 3 percent of the quantity of toll free numbers in spare status as of the previous Sunday at 12:01 a.m. Eastern Time. ( c ) The Wireline Competition Bureau shall modify the quantity of numbers a Responsible Organization may have in reserve status or the percentage of numbers in the spare pool that a Responsible Organization may reserve when exigent circumstances make such action necessary. The Wireline Competition Bureau shall establish, modify, and monitor toll free number conservation plans when exigent circumstances necessitate such action. [ 62 FR 20127 , Apr. 25, 1997, as amended at 67 FR 13226 , Mar. 21, 2002; 83 FR 53396 , Oct. 23, 2018] § 52.111 Toll free number assignment. Toll free telephone numbers must be made available to Responsible Organizations and subscribers on an equitable basis. The Commission will assign toll free numbers by competitive bidding, on a first-come, first-served basis, by an alternative assignment methodology, or by a combination of the foregoing options. [ 83 FR 53396 , Oct. 23, 2018] Subpart E—Universal Dialing Code for National Suicide Prevention and Mental Health Crisis Hotline System Source: 85 FR 57783 , Sept. 16, 2020, unless otherwise noted. § 52.200 Designation of 988 for a National Suicide Prevention and Mental Health Crisis Hotline. ( a ) 988 is established as the 3-digit dialing code for a national suicide prevention and mental health crisis hotline system maintained by the Assistant Secretary for Mental Health and Substance Use and the Secretary of Veterans Affairs. ( b ) All covered providers shall transmit all calls initiated by an end user dialing 988 to the current toll free access number for the National Suicide Prevention Lifeline, presently 1-800-273-8255 (TALK). ( c ) All covered providers shall complete 10-digit dialing implementation in areas that use 7-digit dialing and have assigned 988 as a central office code as defined in § 52.7(c) by July 16, 2022. ( d ) All covered providers shall complete all changes to their systems that are necessary to implement the designation of the 988 dialing code by July 16, 2022. ( e ) For purposes of complying with the requirements of this section, ( 1 ) The term “covered provider” means any telecommunications carrier, interconnected VoIP provider, or provider of one-way VoIP. ( 2 ) The term “one-way VoIP”— ( i ) Means a service that— ( A ) Enables real-time, two-way voice communications; ( B ) Requires a broadband connection from the user's location; ( C ) Requires internet protocol-compatible customer premises equipment; and ( D ) Permits users generally to receive calls that originate on the public switched telephone network or to terminate calls to the public switched telephone network. ( ii ) Does not include any service that is an interconnected VoIP service. § 52.201 Texting to the National Suicide Prevention and Mental Health Crisis Hotline. ( a ) Support for 988 text message service. Beginning July 16, 2022, all covered text providers must route a covered 988 text message to the current toll free access number for the National Suicide Prevention Lifeline, presently 1-800-273-8255 (TALK). ( b ) Access to SMS networks for 988 text messages. To the extent that Commercial Mobile Radio Services (CMRS) providers offer Short Message Service (SMS), they shall allow access by any other covered text provider to the capabilities necessary for transmission of 988 text messages originating on such other covered text providers' application services. ( c ) Definitions. For purposes of this section: 988 text message. ( i ) Means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, or 988; ( ii ) Includes and is not limited to a SMS message and a multimedia message service (MMS) message; and ( iii ) Does not include— ( A ) A real-time, two-way voice or video communication; or ( B ) A message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in paragraph (b) of this section. Covered 988 text message means a 988 text message in SMS format and any other format that the Wireline Competition Bureau has determined must be supported by covered text providers. Covered text provider includes all CMRS providers as well as all providers of interconnected text messaging services that enable consumers to send text messages to and receive text messages from all or substantially all text-capable U.S. telephone numbers, including through the use of applications downloaded or otherwise installed on mobile phones. Multimedia message service ( MMS ) shall have the same definition as the term in § 64.1600(k) of this chapter . Short message service ( SMS ) shall have the same definition as the term in § 64.1600(m) of this chapter . [ 87 FR 412 , Jan. 5, 2022] Appendix to Part 52—Deployment Schedule for Long-Term Database Methods for Local Number Portability Implementation must be completed by the carriers in the relevant MSAs during the periods specified below: Phase I—10/1/97-3/31/98 Chicago, IL 3 Philadelphia, PA 4 Atlanta, GA 8 New York, NY 2 Los Angeles, CA 1 Houston, TX 7 Minneapolis, MN 12 Phase II—1/1/98-5/15/98 Detroit, MI 6 Cleveland, OH 20 Washington, DC 5 Baltimore, MD 18 Miami, FL 24 Fort Lauderdale, FL 39 Orlando, FL 40 Cincinnati, OH 30 Tampa, FL 23 Boston, MA 9 Riverside, CA 10 San Diego, CA 14 Dallas, TX 11 St. Louis, MO 16 Phoenix, AZ 17 Seattle, WA 22 Phase III—4/1/98-6/30/98 Indianapolis, IN 34 Milwaukee, WI 35 Columbus, OH 38 Pittsburgh, PA 19 Newark, NJ 25 Norfolk, VA 32 New Orleans, LA 41 Charlotte, NC 43 Greensboro, NC 48 Nashville, TN 51 Las Vegas, NV 50 Nassau, NY 13 Buffalo, NY 44 Orange Co, CA 15 Oakland, CA 21 San Francisco, CA 29 Rochester, NY 49 Kansas City, KS 28 Fort Worth, TX 33 Hartford, CT 46 Denver, CO 26 Portland, OR 27 Phase IV—7/1/98-9/30/98 Grand Rapids, MI 56 Dayton, OH 61 Akron, OH 73 Gary, IN 80 Bergen, NJ 42 Middlesex, NJ 52 Monmouth, NJ 54 Richmond, VA 63 Memphis, TN 53 Louisville, KY 57 Jacksonville, FL 58 Raleigh, NC 59 West Palm Beach, FL 62 Greenville, SC 66 Honolulu, HI 65 Providence, RI 47 Albany, NY 64 San Jose, CA 31 Sacramento, CA 36 Fresno, CA 68 San Antonio, TX 37 Oklahoma City, OK 55 Austin, TX 60 Salt Lake City, UT 45 Tucson, AZ 71 Phase V—10/1/98-12/31/98 Toledo, OH 81 Youngstown, OH 85 Ann Arbor, MI 95 Fort Wayne, IN 100 Scranton, PA 78 Allentown, PA 82 Harrisburg, PA 83 Jersey City, NJ 88 Wilmington, DE 89 Birmingham, AL 67 Knoxville, KY 79 Baton Rouge, LA 87 Charleston, SC 92 Sarasota, FL 93 Mobile, AL 96 Columbia, SC 98 Tulsa, OK 70 Syracuse, NY 69 Springfield, MA 86 Ventura, CA 72 Bakersfield, CA 84 Stockton, CA 94 Vallejo, CA 99 El Paso, TX 74 Little Rock, AR 90 Wichita, KS 97 New Haven, CT 91 Omaha, NE 75 Albuquerque, NM 76 Tacoma, WA 77 [ 62 FR 18295 , Apr. 15, 1997]"}}},{"rowIdx":52,"cells":{"file_name":{"kind":"string","value":"title-47_36.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 36—JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES [1] Authority: 47 U.S.C. 151 , 152 , 154(i) and (j) , 201 , 205 , 220 , 221(c) , 254 , 303(r) , 403 , 410 , and 1302 unless otherwise noted. Source: 52 FR 17229 , May 6, 1987, unless otherwise noted. Editorial Note Editorial Note: Nomenclature changes to part 36 appear at 74 FR 23956 , May 22, 2009, 77 FR 30411 , May 23, 2012, 82 FR 25538 , June 2, 2017, and corrected at 83 FR 4153 , Jan. 30, 2018. Nomenclature changes to part 36 also appear at 83 FR 63587 , Dec. 11, 2018, and 84 FR 4360 , Feb. 15, 2019. Subpart A—General § 36.1 General. ( a ) This part contains an outline of separations procedures for telecommunications companies on the station-to-station basis. These procedures are applicable either to property costs, revenues, expenses, taxes, and reserves as recorded on the books of the company or to estimated amounts. ( 1 ) Where a value basis is used instead of book costs, the “costs” referred to are the “values” of the property derived from the valuation. ( b ) The separations procedures set forth in this part are designed primarily for the allocation of property costs, revenues, expenses, taxes and reserves between state and interstate jurisdictions. For separations, where required, of the state portion between exchange and toll or for separations of individual exchanges or special services, further analyses and studies may be required to adapt the procedures to such additional separations. ( c ) The fundamental basis on which separations are made is the use of telecommunications plant in each of the operations. The first step is the assignment of the cost of the plant to categories. The basis for making this assignment is the identification of the plant assignable to each category and the determination of the cost of the plant so identified. The second step is the apportionment of the cost of the plant in each category among the operations by direct assignment where possible, and all remaining costs are assigned by the application of appropriate use factors. ( d ) In assigning book costs to categories, the costs used for certain plant classes are average unit costs which equate to all book costs of a particular account or subaccount; for other plant classes, the costs used are those which either directly approximate book cost levels or which are equated to match total book costs at a given location. ( e ) The procedures outlined herein reflect “short-cuts” where practicable and where their application produces substantially the same separations results as would be obtained by the use of more detailed procedures, and they assume the use of records generally maintained by Telecommunications Companies. ( f ) The classification to accounts of telecommunications property, revenues, expenses, etc., set forth in this manual is that prescribed by the Federal Communications Commission's Uniform System of Accounts for Telecommunications Companies. ( g ) In the assignment of property costs to categories and in the apportionment of such costs among the operations, each amount so assigned and apportioned is identified as to the account classification in which the property is included. Thus, the separated results are identified by property accounts and apportionment bases are provided for those expenses which are separated on the basis of the apportionment of property costs. Similarly, amounts of revenues and expenses assigned each of the operations are identified as to account classification. ( h ) The separations procedures described in this part are not to be interpreted as indicating what property, revenues, expenses and taxes, or what items carried in the income, reserve and retained earnings accounts, should or should not be considered in any investigation or rate proceeding. § 36.2 Fundamental principles underlying procedures. ( a ) The following general principles underlie the procedures outlined in this part: ( 1 ) Separations are intended to apportion costs among categories or jurisdictions by actual use or by direct assignment. ( 2 ) Separations are made on the “actual use” basis, which gives consideration to relative occupancy and relative time measurements. ( 3 ) In the development of “actual use” measurements, measurements of use are ( i ) determined for telecommunications plant or for work performed by operating forces on a unit basis (e.g., conversation-minute-kilometers per message, weighted standard work seconds per call) in studies of traffic handled or work performed during a representative period for all traffic and ( ii ) applied to overall traffic volumes, i.e., 24-hour rather than busy-hour volumes. ( b ) Underlying the procedures included in this manual for the separation of plant costs is an over-all concept which may be described as follows: ( 1 ) Telecommunications plant, in general, is segregable into two broad classifications, namely, ( i ) interexchange plant, which is plant used primarily to furnish toll services, and ( ii ) exchange plant, which is plant used primarily to furnish local services. ( 2 ) Within the interexchange classification, there are three broad types of plant, i.e., operator systems, switching plant, and trunk transmission equipment. Within the exchange classification there are four board types of plant, i.e., operator systems, switching plant, truck equipment and subscriber plant. Subscriber plant comprises lines to the subscriber. ( 3 ) In general, the basis for apportioning telecommunications plant used jointly for state and interstate operations are: ( i ) Operator work time expressed in weighted standard work seconds is the basis for measuring the use of operator systems. ( ii ) Holding-time-minutes is the basis for measuring the use of local and toll switching plant. ( iii ) Conversation-minute-kilometers or conversation minutes is the basis for measuring the use of interexchange circuit plant and holding-time minutes is the basis for measuring the use of exchange trunk plant. While the use of holding-time-minute-kilometers is the basic fundamental allocation factor for interexchange circuit plant and exchange trunk plant, the use of conversation-minute-kilometers or conversation-minutes for the allocation of interexchange circuit plant and holding-time minutes for the allocation of exchange trunk plant are considered practical approximations for separations between state and interstate operations when related to the broad types of plant classifications used herein. ( iv ) Message telecommunications subscriber plant shall be apportioned on the basis of a Gross Allocator which assigns 25 percent to the interstate jurisdiction and 75 percent to the state jurisdiction. ( c ) Property rented to affiliates, if not substantial in amount, is included as used property of the owning company with the associated revenues and expenses treated consistently: Also such property rented from affiliates is not included with the used property of the company making the separations; the rent paid is included in its expenses. If substantial in amount, the following treatment is applied: ( 1 ) In the case of property rented to affiliates, the property and related expenses and rent revenues are excluded from the telephone operations of the owning company, and ( 2 ) In the case of property rented from affiliates, the property and related expenses are included with, and the rent expenses are excluded from, the telephone operations of the company making the separation. ( d ) Property rented to or from non-affiliates is usually to be included as used property of the owning company with the associated revenues and expenses treated consistently. In the event the amount is substantial, the property involved and the revenues and expenses associated therewith may be excluded from or included in the telecommunications operations of the company. When required, the cost of property rented to or from non-affiliates is determined using procedures that are consistent with the procedures for the allocation of costs among the operations. ( e ) Costs associated with services or plant billed to another company which have once been separated under procedures consistent with general principles set forth in this part, and are thus identifiable as entirely interstate or State in nature, shall be directly assigned to the appropriate operation and jurisdiction. [ 52 FR 17229 , May 6, 1987, as amended at 58 FR 44905 , Aug. 25, 1993; 71 FR 65745 , Nov. 9, 2006] § 36.3 Freezing of jurisdictional separations category relationships and/or allocation factors. ( a ) Effective July 1, 2001, through December 31, 2024, all local exchange carriers subject to part 36 rules shall apportion costs to the jurisdictions using their study area and/or exchange specific jurisdictional allocation factors calculated during the twelve-month period ending December 31, 2000, for each of the categories/sub-categories as specified herein. Direct assignment of private line service costs between jurisdictions shall be updated annually. Other direct assignment of investment, expenses, revenues or taxes between jurisdictions shall be updated annually. Local exchange carriers that invest in telecommunications plant categories during the period July 1, 2001, through December 31, 2024, for which it had no separations allocation factors for the twelve-month period ending December 31, 2000, shall apportion that investment among the jurisdictions in accordance with the separations procedures in effect as of December 31, 2000 for the duration of the freeze. ( b ) Effective July 1, 2001, through December 31, 2024, local exchange carriers subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign costs from the accounts under part 32 of this chapter (part 32 account(s)) to the separations categories/sub-categories, as specified herein, based on the percentage relationships of the categorized/sub-categorized costs to their associated part 32 accounts for the twelve-month period ending December 31, 2000. If a part 32 account for separations purposes is categorized into more than one category, the percentage relationship among the categories shall be utilized as well. Local exchange carriers that invest in types of telecommunications plant during the period July 1, 2001, through December 31, 2024, for which it had no separations category investment for the twelve-month period ending December 31, 2000, shall assign such investment to separations categories in accordance with the separations procedures in effect as of December 31, 2000. Local exchange carriers not subject to price cap regulation, pursuant to § 61.41 of this chapter , may elect to be subject to the provisions of this paragraph (b) . Such election must be made prior to July 1, 2001. Any local exchange carrier that is subject to § 69.3(e) of this chapter and that elected to be subject to this paragraph (b) may withdraw from that election by notifying the Commission by May 1, 2019, of its intent to withdraw from that election, and that withdrawal will be effective as of July 1, 2019. Any local exchange carrier that participates in an Association tariff, pursuant to §§ 69.601 through 69.610 of this chapter , and that elected to be subject to this paragraph (b) may withdraw from that election by notifying the Association by March 1, 2019, of such intent. Subject to these two exceptions, local exchange carriers that previously elected to become subject to this paragraph (b) shall not be eligible to withdraw from such regulation for the duration of the freeze. ( c ) Effective July 1, 2001, through December 31, 2024, any local exchange carrier that sells or otherwise transfers exchanges, or parts thereof, to another carrier's study area shall continue to utilize the factors and, if applicable, category relationships as specified in paragraphs (a) and (b) of this section. ( d ) Effective July 1, 2001, through December 31, 2024, any local exchange carrier that buys or otherwise acquires exchanges or part thereof, shall calculate new, composite factors and, if applicable, category relationships based on a weighted average of both the seller's and purchaser's factors and category relationships calculated pursuant to paragraphs (a) and (b) of this section. This weighted average should be based on the number of access lines currently being served by the acquiring carrier and the number of access lines in the acquired exchanges. ( 1 ) To compute the composite allocation factors and, if applicable, the composite category percentage relationships of the acquiring company, the acquiring carrier shall first sum its existing (pre-purchase) access lines (A) with the total access lines acquired from selling company (B). Then, multiply its factors and category relationship percentages by (A/(A + B)) and those of the selling company by (B/(A + B)) and sum the results. ( 2 ) For carriers subject to a freeze of category relationships, the acquiring carrier should remove all categories of investment from the selling carrier's list of frozen category relationships where no such category investment exists within the sold exchange(s). The seller's remaining category relationships must then be increased proportionately to total 100 percent. Then, the adjusted seller's category relationships must be combined with those of the acquiring carrier as specified in § 36.3(d)(1) to determine the category relationships for the acquiring carrier's post-transfer study area. ( e ) Any local exchange carrier study area converting from average schedule company status, as defined in § 69.605(c) of this chapter , to cost company status during the period July 1, 2001, through December 31, 2024, shall, for the first twelve months subsequent to conversion categorize the telecommunications plant and expenses and develop separations allocation factors in accordance with the separations procedures in effect as of December 31, 2000. Effective July 1, 2001 through December 31, 2024, such companies shall utilize the separations allocation factors and account categorization subject to the requirements of paragraphs (a) and (b) of this section based on the category relationships and allocation factors for the twelve months subsequent to the conversion to cost company status. [ 66 FR 33204 , June 21, 2001, as amended at 79 FR 36235 , June 26, 2014; 84 FR 4360 , Feb. 15, 2019] § 36.4 Streamlining procedures for processing petitions for waiver of study area boundaries. Cross Reference Link to an amendment published at 89 FR 25158 , Apr. 10, 2024. Effective January 1, 2012, local exchange carriers seeking a change in study area boundaries shall be subject to the following procedure: ( a ) Public Notice and Review Period. Upon determination by the Wireline Competition Bureau that a petitioner has filed a complete petition for study area waiver and that the petition is appropriate for streamlined treatment, the Wireline Competition Bureau will issue a public notice seeking comment on the petition. Unless otherwise notified by the Wireline Competition Bureau, the petitioner is permitted to alter its study area boundaries on the 60th day after the reply comment due date, but only in accordance with the boundary changes proposed in its application. ( b ) Comment Cycle. Comments on petitions for waiver may be filed during the first 30 days following public notice, and reply comments may be filed during the first 45 days following public notice, unless the public notice specifies a different pleading cycle. All comments on petitions for waiver shall be filed electronically, and shall satisfy such other filing requirements as may be specified in the public notice. [ 76 FR 73853 , Nov. 29, 2011] Subpart B—Telecommunications Property General § 36.101 Section arrangement. ( a ) This subpart is arranged in sections as follows: General Telecommunications Plant in Service—Account 2001— 36.101 and 36.102. General Support Facilities—Account 2110—36.111 and 36.112. Central Office Equipment—Accounts 2210, 2220, 2230—36.121 thru 36.126. Information Origination/Termination Equipment—Account 2310—36.141 and 36.142. Cable and Wire Facilities—Account 2410—36.151 thru 36.157. Amortization Assets—Accounts 2680 and 2690—36.161 and 36.162. Telecommunications Plant—Other Accounts 2002 thru 2005—36.171. Rural Telephone Bank Stock—36.172. Material and Supplies—Accounts 1220, and Cash Working Capital—36.181 and 36.182. Equal Access Equipment—36.191. [ 60 FR 12138 , Mar. 6, 1995] § 36.102 General. ( a ) This section contains an outline of the procedures used in the assignment of Telecommunications Plant in Service—Account 2001 to categories and the apportionment of the cost assigned to each category among the operations. ( b ) The treatment of rental plant is outlined in §§ 36.2(c) through 36.2(e) . If the amount of such plant is substantial, the cost may be determined by using the general procedures set forth for the assignment of the various kinds of property to categories. ( c ) The amount of depreciation deductible from the book cost or “value” is apportioned among the operations in proportion to the separation of the cost of the related plant accounts. General Support Facilities § 36.111 General. ( a ) The costs of the general support facilities are contained in Account 2110, Land and Support Assets. This account contains land, buildings, motor vehicles, aircraft, special purpose vehicles, garage work equipment, other work equipment, furniture, office equipment and general purpose computers. § 36.112 Apportionment procedure. ( a ) The costs of the general support facilities of local exchange carriers that had annual revenues from regulated telecommunications operations equal to or greater than $157 million for calendar year 2016 are apportioned among the operations on the basis of either the method in paragraph (a)(1) of this section or the method in paragraph (a)(2) of this section, at the election of the local exchange carrier: ( 1 ) The separation of the costs of the combined Big Three Expenses which include the following accounts: Table 1 to Paragraph ( a )(1) Plant Specific Expenses Central Office Switching Expenses Account 6210. Operators Systems Expenses Account 6220. Central Office Transmission Expenses Account 6230. Information Origination/Termination Expenses Account 6310. Cable and Wire Facilities Expenses Account 6410. Plant Non-Specific Expenses Network Operations Expenses Account 6530. Customer Operations Expenses Marketing Account 6610. Services Account 6620. ( 2 ) The separation of the costs of Central Office Equipment, Information Origination/Termination Equipment, and Cable and Wire Facilities, combined. ( b ) The costs of the general support facilities of local exchange carriers that had annual revenues from regulated telecommunications operations less than $157 million for calendar year 2016 are apportioned among the operations on the basis of the separation of the costs of Central Office Equipment, Information Origination/Termination Equipment, and Cable and Wire Facilities, combined. [ 83 FR 63584 , Dec. 11, 2018] Central Office Equipment § 36.121 General. ( a ) The costs of central office equipment are carried in the following accounts: Table 1 to Paragraph ( a ) Central Office Switching Account 2210. Operator Systems Account 2220. Central Office Transmission Account 2230. ( b ) Records of the cost of central office equipment are usually maintained for each study area separately by accounts. However, each account frequently includes equipment having more than one use. Also, equipment in one account frequently is associated closely with equipment in the same building in another account. Therefore, the separations procedures for central office equipment have been designed to deal with categories of plant rather than with equipment in an account. ( c ) In the separation of the cost of central office equipment among the operations, the first step is the assignment of the equipment in each study area to categories. The basic method of making this assignment is the identification of the equipment assignable to each category, and the determination of the cost of the identified equipment by analysis of accounting, engineering and other records. ( 1 ) The cost of common equipment not assigned to a specific category, e.g., common power equipment, including emergency power equipment, aisle lighting and framework, including distributing frames, is distributed among the categories in proportion to the cost of equipment, (excluding power equipment not dependent upon common power equipment) directly assigned to categories. ( i ) The cost of power equipment used by one category is assigned directly to that category, e.g., 130-volt power supply provided for circuit equipment. The cost of emergency power equipment protecting only power equipment used by one category is also assigned directly to that category. ( ii ) Where appropriate, a weighting factor is applied to the cost of circuit equipment in distributing the power plant costs not directly assigned, in order to reflect the generally greater power use per dollar of cost of this equipment. ( d ) The second step is the apportionment of the cost of the equipment in each category among the operations through the application of appropriate use factors or by direct assignment. [ 52 FR 17229 , May 6, 1987, as amended at 69 FR 12549 , Mar. 17, 2004; 83 FR 63584 , Dec. 11, 2018] § 36.122 Categories and apportionment procedures. ( a ) The following categories of central office equipment and apportionment procedures therefore are set forth in §§ 36.123 through 36.126 . Operator Systems Equipment Category 1. Tandem Switching Equipment Category 2. Local Switching Equipment Category 3. Circuit Equipment Category 4. § 36.123 Operator systems equipment—Category 1. ( a ) Operator systems equipment is contained in Account 2220. It includes all types of manual telephone switchboards except tandem switchboards and those used solely for recording of calling telephone numbers in connection with customer dialed charge traffic. It includes all face equipment, terminating relay circuits of trunk and toll line circuits, cord circuits, cable turning sections, subscriber line equipment, associated toll connecting trunk equipment, number checking facilities, ticket distributing systems, calculagraphs, chief operator and other desks, operator chairs, and other such equipment. ( 1 ) Operator systems equipment is generally classified according to operating arrangements of which the following are typical: ( i ) Separate toll boards ( ii ) Separate local manual boards ( iii ) Combined local manual and toll boards ( iv ) Combined toll and DSA boards ( v ) Separate DSA and DSB boards ( vi ) Service observing boards ( vii ) Auxiliary service boards ( viii ) Traffic service positions ( 2 ) If switchboards as set forth in § 36.123(a) are of the key pulsing type, the cost of the key pulsing senders, link and trunk finder equipment is included with the switchboards. ( 3 ) DSB boards include the associated DSB dial equipment, such as link and sender equipment. ( 4 ) Traffic service position systems include the common control and trunk equipment in addition to the associated groups of positions wherever located. ( 5 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2220, Operator Systems, to the categories/subcategories, as specified in paragraph (a)(1) of this section, based on the relative percentage assignment of the average balance of Account 2220 to these categories/subcategories during the twelve-month period ending December 31, 2000. ( 6 ) Effective July 1, 2001 through December 31, 2024, all study areas shall apportion the costs assigned to the categories/subcategories, as specified in paragraph (a)(1) of this section, among the jurisdictions using the relative use measurements for the twelve-month period ending December 31, 2000 for each of the categories/subcategories specified in paragraphs (b) through (e) of this section. ( b ) The cost of the following operator systems equipment is apportioned among the operations on the basis of the relative number of weighted standard work seconds handled at the switchboards under consideration. ( 1 ) The following types of switchboards at toll centers are generally apportioned individually: ( i ) Separate toll boards. These usually include outward, through and inward positions in separate lines and associated inward toll switchboard positions in line. ( ii ) Switchboards handling both local and toll, either combined or having segregated local and toll positions in the same line. ( iii ) Switchboards handling both toll and DSA, either combined or having segregated toll and DSA positions in the same line. ( iv ) Traffic service positions, including separately located groups of these positions when associated with a common basic control unit. ( 2 ) The following types of switchboards at toll centers are apportioned individually, or by groups of comparable types of boards for each exchange: ( i ) Separate local manual boards. This includes the local positions of manual boards where inward toll positions are in the same line. ( ii ) Separate DSA boards. ( iii ) Separate DSB boards. ( 3 ) Tributary boards may be treated individually if warranted or they may be treated on a group basis. ( c ) Auxiliary service boards generally handle rate and route, information, and intercept service at individual or joint positions. The cost of these boards is apportioned as follows: ( 1 ) The cost of separate directory assistance boards is apportioned among the operations on the basis of the relative number of weighted standard work seconds handled at the boards under consideration. Directory assistance weighted standard work seconds are apportioned among the operations on the basis of the classification of these weighted standard work seconds as follows: ( i ) Directory assistance weighted standard work seconds first are classified between calls received over toll directory assistance trunks from operators or customers and all other directory assistance calls. ( ii ) The directory assistance weighted standard work seconds of each type further are classified separately among the operations on the basis of an analysis of a representative sample of directory assistance calls of each type with reference to the locations of the calling and called stations for each call. ( 2 ) The cost of separate intercept boards and automated intercept systems in the study area is apportioned among the operations on the basis of the relative number of subscriber line minutes of use. ( 3 ) The cost of separate rate and route boards is generally included with the cost of the toll boards served and is apportioned with those boards. ( 4 ) Where more than one auxiliary service is handled at an auxiliary board, the cost of the board is apportioned among the auxiliary services on the basis of the relative number of weighted standard work seconds for each service. The cost of that part of the board allocated to each auxiliary service is apportioned among the operations in the same manner as for a separate auxiliary board. ( d ) The cost of joint exchange and toll service observing boards is first apportioned between exchange and toll use on the basis of the relative number of exchange and toll service observing units at these boards. The cost of separate toll service observing boards and the toll portion of joint service observing boards is apportioned between state and interstate operations on the basis of the relative number of toll minutes of use associated with the toll messages originating in the offices observed. ( e ) Traffic Service Position System (TSPS) investments are apportioned as follows: ( 1 ) Operator position investments are apportioned on the basis of the relative weighted standard work seconds for the entire TSPS complex. ( 2 ) Remote trunk arrangement (RTA) investments are apportioned on the basis of the relative processor real time (i.e., actual seconds) required to process TSPS traffic originating from the end offices served by each RTA. ( 3 ) The remaining investments at the central control location, such as the stored program control and memory, is apportioned on the basis of the relative processor real time (i.e., actual seconds) for the entire TSPS complex. [ 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; 79 FR 36236 , June 26, 2014] § 36.124 Tandem switching equipment—Category 2. ( a ) Tandem switching equipment is contained in Account 2210. It includes all switching equipment in a tandem central office, including any associated tandem switchboard positions and any intertoll switching equipment. Intertoll switching equipment includes switching equipment used for the interconnection of message toll telephone circuits with each other or with local or tandem telephone central office trunks, intertoll dial selector equipment, or intertoll trunk equipment in No. 5 type electronic offices. Equipment, including switchboards used for recording of calling telephone numbers and other billing information in connection with customer dialed charge traffic is included with Local Switching Equipment—Category 3. ( 1 ) At toll center toll offices, intertoll switching equipment comprises equipment in the toll office used in the interconnection of: Toll center to toll center circuits; toll center to tributary circuits; tributary to tributary circuits; toll center to tandem circuits or in the interconnection of the aforementioned types of circuits with trunks to local offices in the toll center city, i.e., interconnection with toll switching trunks, operator trunks, information trunks, testing trunks, etc. Equipment associated with the local office end of such trunks is included with local switching equipment or switchboard categories as appropriate. ( 2 ) At tributary offices, this category includes intertoll switching equipment similar to that at toll center toll offices if it is used in the interconnection of: Tributary to tributary circuits; tributary to subtributary circuits; subtributary to subtributary circuits; toll center to subtributary circuits; or if it is used jointly in the interconnection of any of the aforementioned types of circuits and in the interconnection of such toll circuits with trunk circuits for the handling of traffic terminating in the tributary office. Where comparable equipment has no joint use but is used only for the handling of traffic terminating in the tributary office, it is included in the local switching equipment category. ( 3 ) At all switching entities, this category includes intertoll switching equipment similar to that at toll center toll offices if it is used in the interconnection of switched private line trunks or TWX switching plant trunks when these functions are in addition to the message telephone switching function. Switching entities wholly dedicated to switching of special services are assigned to Category 3—Local Switching Equipment. ( b ) The costs of central office equipment items assigned this category are to be directly assigned when possible. When direct assignment is not possible the costs shall be apportioned among the operations on the basis of the relative number of study area minutes of use of this equipment. ( c ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2210 to Category 2, Tandem Switching Equipment based on the relative percentage assignment of the average balance of Account 2210 (or, if Accounts 2211, 2212, and 2215 were required to be maintained at the applicable time, the average balances of Accounts 2211, 2212, and 2215) to Category 2, Tandem Switching Equipment during the twelve-month period ending December 31, 2000. ( d ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in Category 2, Tandem Switching Equipment, among the jurisdictions using the relative number of study area minutes of use, as specified in paragraph (b) of this section, for the twelve-month period ending December 31, 2000. Direct assignment of any subcategory of Category 2 Tandem Switching Equipment between jurisdictions shall be updated annually. [ 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; 76 FR 30841 , May 27, 2011; 79 FR 36236 , June 26, 2014; 83 FR 63584 , Dec. 11, 2018] § 36.125 Local switching equipment—Category 3. ( a ) Local switching equipment is included in account 2210. It comprises all central office switching equipment not assigned other categories. Examples of local switching equipment are basic switching train, toll connecting trunk equipment, interlocal trunks, tandem trunks, terminating senders used for toll completion, toll completing train, call reverting equipment, weather and time of day service equipment, and switching equipment at electronic analog or digital remote line locations. Equipment used for the identification, recording and timing of customer dialed charge traffic, or switched private line traffic ( e.g. , transmitters, recorders, call identity indexers, perforators, ticketers, detectors, mastertimes) switchboards used solely for recording of calling telephone numbers in connection with customer dialed charge traffic, or switched private line traffic (or both) is included in this local switching category. Equipment provided and used primarily for operator dialed toll or customer dialed charge traffic except such equipment included in Category 2 Tandem Switching Equipment is also included in this local switching category. This includes such items as directors, translators, sender registers, out trunk selectors and facilities for toll intercepting and digit absorption. Special services switching equipment which primarily performs the switching function for special services ( e.g. , switching equipment, TWX concentrators and switchboards) is also included in this local switching category. ( 1 ) Local office, as used in § 36.125 , comprises one or more local switching entities of the same equipment type (e.g., step-by-step, No. 5 Crossbar) in an individual location. A local switching entity comprises that local central office equipment of the same type which has a common intermediate distributing frame, market group or other separately identifiable switching unit serving one or more prefixes (NNX codes). ( 2 ) A host/remote local switching complex is composed of an electronic analog or digital host office and all of its remote locations. A host/remote local switching complex is treated as one local office. The current jurisdictional definition of an exchange will apply. ( 3 ) Dial equipment minutes of use (DEM) is defined as the minutes of holding time of the originating and terminating local switching equipment. Holding time is defined in the Glossary. ( 4 ) The interstate allocation factor is the percentage of local switching investment apportioned to the interstate jurisdiction. ( 5 ) The interstate DEM factor is the ratio of the interstate DEM to the total DEM. A weighted interstate DEM factor is the product of multiplying a weighting factor, as defined in paragraph (f) of this section, to the interstate DEM factor. The state DEM factor is the ratio of the state DEM to the total DEM. ( b ) Beginning January 1, 1993, Category 3 investment for study areas with 50,000 or more access lines is apportioned to the interstate jurisdiction on the basis of the interstate DEM factor. Category 3 investment for study areas with 50,000 or more access lines is apportioned to the state jurisdiction on the basis of the state DEM factor. ( c ) - ( e ) [Reserved] ( f ) Beginning January 1, 1998, for study areas with fewer than 50,000 access lines, Category 3 investment is apportioned to the interstate jurisdiction by the application of an interstate allocation factor that is the lesser of either .85 or the sum of the interstate DEM factor specified in paragraph (a)(5) of this section, and the difference between the 1996 interstate DEM factor and the 1996 interstate DEM factor multiplied by a weighting factor as determined by the table below. The Category 3 investment that is not assigned to the interstate jurisdiction pursuant to this paragraph is assigned to the state jurisdiction. Number of access lines in service in study area Weighting factor 0-10,000 3.0 10,001-20,000 2.5 20,001-50,000 2.0 50,001-or above 1.0 ( g ) For purposes of this section, an access line is a line that does not include WATS access lines, special access lines or private lines. ( h ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2210 to Category 3, Local Switching Equipment, based on the relative percentage assignment of the average balance of Account 2210 (or, if Accounts 2211, 2212, and 2215 were required to be maintained at the applicable time, the average balances of Accounts 2211, 2212, and 2215) to Category 3, during the twelve-month period ending December 31, 2000. ( i ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in Category 3, Local Switching Equipment, among the jurisdictions using relative dial equipment minutes of use for the twelve-month period ending December 31, 2000. ( j ) If the number of a study area's access lines increases such that, under paragraph (f) of this section, the weighted interstate DEM factor for 1997 or any successive year would be reduced, that lowered weighted interstate DEM factor shall be applied to the study area's 1996 unweighted interstate DEM factor to derive a new local switching support factor. If the number of a study area's access lines decreases or has decreased such that, under paragraph (f) of this section, the weighted interstate DEM factor for 2010 or any successive year would be raised, that higher weighted interstate DEM factor shall be applied to the study area's 1996 unweighted interstate DEM factor to derive a new local switching support factor. [ 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, 1998; 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 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36236 , June 26, 2014; 83 FR 63585 , Dec. 11, 2018] § 36.126 Circuit equipment—Category 4. ( a ) For the purpose of this section, the term “Circuit Equipment” encompasses the Radio Systems and Circuit Equipment contained in Account 2230. It includes central office equipment, other than switching equipment and automatic message recording equipment, which is used to derive communications transmission channels or which is used for the amplification, modulation, regeneration, testing, balancing or control of signals transmitted over communications transmission channels. Examples of circuit equipment in general use include: ( 1 ) Carrier telephone system terminals. ( 2 ) Telephone repeaters, termination sets, impedance compensators, pulse link repeaters, echo suppressors and other intermediate transmission amplification and balancing equipment except that included in switchboards. ( 3 ) Radio transmitters, receivers, repeaters and other radio central office equipment except message switching equipment associated with radio systems. ( 4 ) Composite ringers, line signaling and switching pad circuits. ( 5 ) Concentration equipment. ( 6 ) Composite sets and repeating coils. ( 7 ) Program transmission amplifiers, monitoring devices and volume indicators. ( 8 ) Testboards, test desks, repair desks and patch bays, including those provided for test and control, and for transmission testing. ( b ) For apportionment among the operations, the cost of circuit equipment is assigned to the following subsidiary categories: ( 1 ) Exchange Circuit Equipment—Category 4.1. ( i ) Wideband Exchange Line Circuit Equipment—Category 4.11. ( ii ) Exchange Trunk Circuit Equipment (Wideband and Non-Wideband)—Category 4.12. ( iii ) Exchange Line Circuit Equipment Excluding Wideband—Category 4.13. ( 2 ) Interexchange Circuit Equipment—Category 4.2. ( i ) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use—Category 4.21. ( ii ) Interexchange Circuit Equipment Used for Wideband Services including Satellite and Earth Station Equipment used for Wideband Service—Category 4.22. ( iii ) All Other Interexchange Circuit Equipment—Category 4.23. ( 3 ) Host/Remote Message Circuit Equipment—Category 4.3. ( 4 ) In addition, for the purpose of identifying and separating property associated with special services, circuit equipment included in Categories 4.12 (other than wideband equipment) 4.13 and 4.23 is identified as either basic circuit equipment, i.e., equipment that performs functions necessary to provide and operate channels suitable for voice transmission (telephone grade channels), or special circuit equipment, i.e., equipment that is peculiar to special service circuits. Carrier telephone terminals and carrier telephone repeaters are examples of basic circuit equipment in general use, while audio program transmission amplifiers, bridges, monitoring devices and volume indicators are examples of special circuit equipment in general use. Cost of exchange circuit equipment included in Categories 4.12 and 4.13 and the interexchange circuit equipment in Categories 4.21, 4.22 and 4.23 are segregated between basic circuit equipment and special circuit equipment only at those locations where amounts of interexchange and exchange special circuit equipment are significant. Where such segregation is not made, the total costs in these categories are classified as basic circuit equipment. ( 5 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 , shall assign the average balance of Account 2230 to the categories/subcategories as specified in § 36.126(b)(1) through (b)(4) based on the relative percentage assignment of the average balance of Account 2230 (or, if Accounts 2231 and 2232 were required to be maintained at the applicable time, the average balances of Accounts 2231 and 2232) costs to these categories/subcategories during the twelve-month period ending December 31, 2000. ( 6 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2230 to the categories/subcategories as specified in paragraphs (b)(1) through (4) of this section based on the relative percentage assignment of the average balance of Account 2230 (or, if Accounts 2231 and 2232 were required to be maintained at the applicable time, the average balances of Accounts 2231 and 2232) costs to these categories/subcategories during the twelve-month period ending December 31, 2000. ( c ) Apportionment of Exchange Circuit Equipment Among the Operations: ( 1 ) Wideband Exchange Line Circuit Equipment—Category 4.11—The cost of exchange circuit equipment in this category is determined separately for each wideband facility. The respective costs are allocated to the appropriate operation in the same manner as the related exchange line cable and wire facilities described in § 36.155 . ( 2 ) Exchange Trunk Circuit Equipment (Wideband and Non-Wideband)—Category 4.12—The cost of exchange circuit equipment associated with this category for the study area is allocated to the appropriate operation in the same manner as the related exchange trunk cable and wire facilities as described in § 36.155 . ( 3 ) Exchange Line Circuit Equipment Excluding Wideband—Category 4.13—The cost of Circuit Equipment associated with exchange line plant excluding wideband for the study area is assigned to subcategories and is allocated to the appropriate operation in the same manner as the related exchange line cable and wire facilities for non-wideband service as described in § 36.154 . ( 4 ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the categories/subcategories, as specified in paragraphs (b)(1) through (4) of this section, among the jurisdictions using the relative use measurements or factors, as specified in paragraphs (c)(1) through (3) of this section for the twelve-month period ending December 31, 2000. Direct assignment of any subcategory of Category 4.1 Exchange Circuit Equipment to the jurisdictions shall be updated annually. ( d ) Apportionment of Interexchange Circuit Equipment among the Operations: Procedures to be Used by Interexchange Carriers. ( 1 ) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use—Category 4.21—This category comprises that circuit equipment provided for the use of another company as an integral part of its interexchange circuit facilities used wholly for interstate services. This category includes such circuit equipment as telephone carrier terminals and microwave systems used wholly for interstate services. The total cost of the circuit equipment in this category for the study area is assigned to the interstate operation. ( 2 ) Interexchange Circuit Equipment Used for Wideband Service—Category 4.22—This category includes the circuit equipment portion of interexchange channels used for wideband services. The cost of interexchange circuit equipment in this category is determined separately for each wideband channel and is segregated between message and private line services on the basis of the use of the channels provided. The respective costs are allocated to the appropriate operation in the same manner as the related interexchange cable and wire facilities as described in § 36.156 . ( 3 ) All Other Interexchange Circuit Equipment—Category 4.23—This category includes the cost of all interexchange circuit equipment not assigned to Categories 4.21 and 4.22. Interexchange carriers shall freeze the allocation factors for Category 4.23 investment at levels reached on December 31, 1985, derived by using the procedures in effect at that time. On January 1, 1988, and thereafter, that frozen allocation factor shall be applied to each interexchange carrier's Category 4.23 investment to derive the interstate allocation. On January 1, 1988, and thereafter, the amount of investment allocated to the interstate jurisdiction will vary but the relative proportion of the total investment that is allocated to the interstate jurisdiction will remain frozen at 1985 levels. ( e ) Apportionment of Interexchange Circuit Equipment among the Operations: Procedures To Be Used by Exchange Carriers. ( 1 ) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use Category—4.21—This category comprises that circuit equipment provided for the use of another company as an integral part of its interexchange circuit facilities used wholly for interstate services. This category includes such circuit equipment as telephone carrier terminals and microwave systems used wholly for interstate services. The total cost of the circuit equipment in this category for the study area is assigned to the interstate operation. ( 2 ) Interexchange Circuit Equipment Used for Wideband Service—Category 4.22—This category includes the circuit equipment portion of interexchange channels used for wideband services. The cost of interexchange circuit equipment in this category is determined separately for each wideband channel and is segregated between message and private line services on the basis of the use of the channels provided. The respective costs are allocated to the appropriate operation in the same manner as the related interexchange cable and wire facilities described in § 36.156 . ( 3 ) All Other Interexchange Circuit Equipment—Category 4.23—This category includes the cost of all interexchange circuit equipment not assigned to Categories 4.21 and 4.22. The cost of interexchange basic circuit equipment used for the following classes of circuits is included in this category: Jointly used message circuits, i.e. , message switching plant circuits carrying messages from the state and interstate operations; circuits used for state private line service; and circuits used for state private line services. ( i ) An average interexchange circuit equipment cost per equivalent interexchange telephone termination for all circuits is determined and applied to the equivalent interexchange telephone termination counts of each of the following classes of circuits: Private Line, State Private Line, Message. The cost of interstate private line circuits is assigned directly to the interstate operation. The cost of state private line circuits is assigned directly to the state operation. The cost of message circuits is apportioned between the state and interstate operations on the basis of the relative number of study area conversation-minutes applicable to such facilities. ( ii ) [Reserved] ( iii ) The cost of special circuit equipment is segregated among private line services based on an analysis of the use of the equipment and in accordance with § 36.126(b)(4) . The special circuit equipment cost assigned to private line services is directly assigned to the appropriate operations. ( 4 ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the categories/subcategories specified in paragraphs (e)(1) through (3) of this section among the jurisdictions using relative use measurements or factors, as specified in paragraphs (e)(1) through (3) for the twelve-month period ending December 31, 2000. Direct assignment of any subcategory of Category 4.2 Interexchange Circuit Equipment to the jurisdictions shall be updated annually. ( f ) Apportionment of Host/Remote Message Circuit Equipment Among the Operations. ( 1 ) Host/Remote Message Circuit Equipment—Category 4.3. This category includes message host/remote location circuit equipment for which a message circuit switching function is performed at the host central office associated with cable and wire facilities as described in § 36.152(c) . ( i ) The category 4.3 cost of host/remote circuit equipment assigned to message services for the study area is apportioned among the exchange, intrastate toll, and interstate toll operations on the basis of the assignment of host/remote message cable and wire facilities as described in § 36.157 . ( ii ) [Reserved] ( 2 ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the subcategory specified in paragraph (f)(1) of this section among the jurisdictions using the allocation factor, as specified in paragraph (f)(1)(i) of this section, for this subcategory for the twelve-month period ending December 31, 2000. Direct assignment of any Category 4.3 Host/Remote Message Circuit Equipment to the jurisdictions shall be updated annually. [ 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; 71 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. 20, 2017; 83 FR 63585 , Dec. 11, 2018; 84 FR 4360 , Feb. 15, 2019] Information Origination/Termination (IOT) Equipment § 36.141 General. ( a ) Information Origination/Termination Equipment is maintained in Account 2310 and includes station apparatus, embedded customer premises wiring, large private branch exchanges, public telephone terminal equipment, and other terminal equipment. ( b ) The costs in Account 2310 shall be segregated between Other Information Origination/Termination Equipment—Category 1, and New Customer Premises Equipment—Category 2 by an analysis of accounting, engineering and other records. ( c ) Effective July 1, 2001, through December 31, 2024, local exchange carriers subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2310 to the categories, as specified in paragraph (b) of this section, based on the relative percentage assignment of the average balance of Account 2310 to these categories during the twelve-month period ending December 31, 2000. [ 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; 79 FR 36237 , June 26, 2014] § 36.142 Categories and apportionment procedures. ( a ) Other Information Origination/Termination Equipment—Category 1. This category includes the cost of other information origination/termination equipment not assigned to Category 2. The costs of other information origination/termination equipment are allocated pursuant to the factor that is used to allocate subcategory 1.3 Exchange Line C&WF. ( b ) Customer Premises Equipment—Category 2. This category includes the cost of Customer Premises Equipment that was detariffed pursuant to the Second Computer Inquiry decision. It shall be assigned to the state operations. ( c ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the categories, as specified in § 36.141(b) , among the jurisdictions using the relative use measurements or factors, as specified in paragraph (a) of this section, for the twelve-month period ending December 31, 2000. Direct assignment of any category of Information Origination/Termination Equipment to the jurisdictions shall be updated annually. [ 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 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] Cable and Wire Facilities § 36.151 General. ( a ) Cable and Wire Facilities, Account 2410, includes the following types of communications plant in service: Poles and antenna supporting structures, aerial cable, underground cable, buried cable, submarine cable, deep sea cable, intrabuilding network cable, aerial wire and conduit systems. ( b ) For separations purposes, it is necessary to analyze the cable and wire facilities classified in subordinate records in order to determine their assignment to the categories listed in the following paragraphs. ( c ) In the separation of the cost of cable and wire facilities among the operations, the first step is the assignment of the facilities to certain categories. The basic method of making this assignment is the identification of the facilities assignable to each category and the determination of the cost of the facilities so identified. Because of variations among companies in the character of the facilities and operating conditions, and in the accounting and engineering records maintained, the detailed methods followed, of necessity, will vary among the companies. The general principles to be followed, however, will be the same for all companies. ( d ) The second step is the apportionment of the cost of the facilities in each category among the operations through the application of appropriate factors or by direct assignment. § 36.152 Categories of Cable and Wire Facilities (C&WF). ( a ) C&WF are basically divided between exchange and interexchange. Exchange C&WF consists of the following categories: ( 1 ) Exchange Line C&WF Excluding Wideband —Category 1—This category includes C&W facilities between local central offices and subscriber premises used for message telephone, private line, local channels, and for circuits between control terminals and radio stations providing very high frequency maritime service or urban or highway mobile service. ( 2 ) Wideband and Exchange Trunk C&WF—Category 2—This category includes all wideband, including Exchange Line Wideband and C&WF between local central offices and Wideband facilities. It also includes C&WF between central offices or other switching points used by any common carrier for interlocal trunks wholly within an exchange or metropolitan service area, interlocal trunks with one or both terminals outside a metropolitan service area carrying some exchange traffic, toll connecting trunks, tandem trunks principally carrying exchange traffic, the exchange trunk portion of WATS access lines, the exchange trunk portion of private line local channels, and the exchange trunk portion of circuits between control terminals and radio stations providing very high frequency maritime service or urban or highway mobile service. ( 3 ) The procedures for apportioning the cost of exchange cable and wire facilities among the operations are set forth in §§ 36.154 and 36.155 . ( b ) Interexchange C&WF—Category 3—This category includes the C&WF used for message toll and toll private line services. It includes cable and wire facilities carrying intertoll circuits, tributary circuits, the interexchange channel portion of special service circuits, circuits between control terminals and radio stations used for overseas or coastal harbor service, interlocal trunks between offices in the different exchange or metropolitan service areas carrying only message toll traffic and certain tandem trunks which carry principally message toll traffic. ( 1 ) The procedures for apportioning the cost of interexchange cable and wire facilities among the operations are set forth in § 36.156 . ( c ) Host/Remote Message C&WF—Category 4—This category includes the cost of message host/remote location C&WF for which a message circuit switching function is performed at the host central office. It applies to C&WF between host offices and all remote locations. The procedures for apportioning the cost of these facilities among the operations are set forth in § 36.157 . ( d ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2410 to the categories/subcategories, as specified in paragraph (a) through (c) of this section based on the relative percentage assignment of the average balance of Account 2410 to these categories/subcategories during the twelve-month period ending December 31, 2000. [ 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 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] § 36.153 Assignment of Cable and Wire Facilities (C&WF) to categories. ( a ) Cable consists of: Aerial cable, underground cable, buried cable, submarine cable, deep sea cable and intrabuilding network cable. Where an entire cable or aerial wire is assignable to one category, its cost and quantity are, where practicable, directly assigned. ( 1 ) Cable. ( i ) There are two basic methods for assigning the cost of cable to the various categories. Both of them are on the basis of conductor cross section. The methods are as follows: ( A ) By section of cable, uniform as to makeup and relative use by categories. From an analysis of cable engineering and assignment records, determine in terms of equivalent gauge the number of pairs in use or reserved, for each category. The corresponding percentages of use, or reservation, are applied to the cost of the section of cable, i.e., sheath meters times unit cost per meter, to obtain the cost assignable to each category. ( B ) By using equivalent pair kilometers, i.e., pair kilometers expressed in terms of equivalent gauge. From an analysis of cable engineering and assignment records, determine the equivalent pair kilometers in use for each category by type of facility, e.g., quadded, paired. The equivalent pair kilometers are then divided by a cable fill factor to obtain the equivalent pair kilometers in plant. The total equivalent pair kilometers in plant assigned to each category is summarized by type of facility, e.g., quadded and paired, and priced at appropriate average unit costs per equivalent pair kilometer in plant. If desired, this study may be made in terms of circuit kilometers rather than physical pair kilometers, with average cost and fill data consistent with the basis of the facilities kilometer count. ( ii ) In the assignment of the cost of cable under the two basic methods described in § 36.153(a)(1)(i) consideration is given to the following: ( A ) Method (A) described in § 36.153(a)(1)(i)(A) will probably be found more desirable where there is a relatively small amount of cable of variable make-up and use by categories. Conversely, method (B) described in § 36.153(a)(1)(i)(B) will probably be more desirable where there is a large amount of cable of variable make-up and use by categories. However, in some cases a combination of both methods may be desirable. ( B ) It will be desirable in some cases to determine the amount assignable to a particular category by deducting from the total the sum of the amounts assigned to all other categories. ( C ) For use in the assignment of poles to categories, the equivalent sheath kilometers of aerial cable assigned to each category are determined. For convenience, these quantities are determined in connection with assignment of cable costs. ( D ) Where an entire cable is assignable to one category, its costs and quantity are, where practicable, directly assigned. ( iii ) For cables especially arranged for high-frequency transmission such as shielded, disc-insulated and coaxial, recognition is given to the additional costs which are charged to the high-frequency complement. ( 2 ) Cable Loading. ( i ) Methods for assigning the cost of loading coils, cases, etc., to categories are comparable with those used in assigning the associated cable to categories. Loading associated with cable which is directly assigned to a given category is also directly assigned. The remaining loading is assigned to categories in either of the following bases: ( A ) By an analysis of the use made of the loading facilities where a loading coil case includes coils assignable to more than one category, e.g., in the case of a single gauge uniformly loaded section, the percentage used in the related cable assignment are applicable, or ( B ) By pricing out each category by determining the pair meters of loaded pairs assigned to each category and multiplying by the unit cost per pair meter of loading by type. ( 3 ) Other Cable Plant. ( i ) In view of the small amounts involved, the cost of all protected terminals and gas pressure contactor terminals in the toll cable subaccounts is assigned to the appropriate Interexchange Cable & Wire Facilities categories. The cost of all other terminals in the exchange and toll cable subaccounts is assigned to Exchange Cable and Wire Facilities. ( b ) Aerial Wire. ( 1 ) The cost of wire accounted for as exchange is assigned to the appropriate Exchange Cable & Wire Facilities categories. The cost of wire accounted for as toll, which is used for exchange, is also assigned to the appropriate Exchange Cable & Wire Facilities categories. The cost of the remaining wire accounted for as toll is assigned to the appropriate Interexchange Cable & Wire Facilities categories as described in § 36.156 . For companies not maintaining exchange and toll subaccounts, it is necessary to review the plant records and identify wire plant by use. The cost of wire used for providing circuits directly assignable to a category is assigned to that category. The cost of wire used for providing circuit facilities jointly used for exchange and interexchange lines is assigned to categories on the basis of the relative number of circuit kilometers involved. ( c ) Poles and Antenna Supporting Structures. ( 1 ) In the assignment of these costs, anchors, guys, crossarms, antenna supporting structure, and right-of-way are included with the poles. ( 2 ) Poles. (i) The cost of poles is assigned to categories based on the ratio of the cost of poles to the total cost of aerial wire and aerial cable. ( d ) Conduit Systems. ( 1 ) The cost of conduit systems is assigned to categories on the basis of the assignment of the cost of underground cable. [ 53 FR 17229 , May 6, 1987, as amended at 53 FR 33012 , Aug. 29, 1988; 58 FR 44905 , Aug. 25, 1993] § 36.154 Exchange Line Cable and Wire Facilities (C&WF)—Category 1—apportionment procedures. ( a ) Exchange Line C&WF—Category 1. The first step in apportioning the cost of exchange line cable and wire facilities among the operations is the determination of an average cost per working loop. This average cost per working loop is determined by dividing the total cost of exchange line cable and wire Category 1 in the study area by the sum of the working loops described in subcategories listed below. The subcategories are: Subcategory 1.1—State Private Lines and State WATS Lines. This subcategory shall include all private lines and WATS lines carrying exclusively state traffic as well as private lines and WATS lines carrying both state and interstate traffic if the interstate traffic on the line involved constitutes ten percent or less of the total traffic on the line. Subcategory 1.2—Interstate private lines and interstate WATS lines. This subcategory shall include all private lines and WATS lines that carry exclusively interstate traffic as well as private lines and WATS lines carrying both state and interstate traffic if the interstate traffic on the line involved constitutes more than ten percent of the total traffic on the line. Subcategory 1.3—Subscriber or common lines that are jointly used for local exchange service and exchange access for state and interstate interexchange services. ( b ) The costs assigned to subcategories 1.1 and 1.2 shall be directly assigned to the appropriate jurisdiction. ( c ) Effective January 1, 1986, 25 percent of the costs assigned to subcategory 1.3 shall be allocated to the interstate jurisdiction. ( d ) - ( f ) [Reserved] ( g ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Subcategory 1.3 Exchange Line C&WF among the jurisdictions as specified in paragraph (c) of this section. Direct assignment of subcategory Categories 1.1 and 1.2 Exchange Line C&WF to the jurisdictions shall be updated annually as specified in paragraph (b) of this section. [ 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; 67 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 26, 2014; 83 FR 63585 , Dec. 11, 2018] § 36.155 Wideband and exchange trunk (C&WF)—Category 2—apportionment procedures. ( a ) The cost of C&WF applicable to this category shall be directly assigned where feasible. If direct assignment is not feasible, cost shall be apportioned between the state and interstate jurisdictions on the basis of the relative number of minutes of use. ( b ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Category 2 Wideband and exchange trunk C&WF among the jurisdictions using the relative number of minutes of use, as specified in paragraph (a) of this section, for the twelve-month period ending December 31, 2000. Direct assignment of any Category 2 equipment to the jurisdictions shall be updated annually. [ 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; 79 FR 36237 , June 26, 2014] § 36.156 Interexchange Cable and Wire Facilities (C&WF)—Category 3—apportionment procedures. ( a ) An average interexchange cable and wire facilities cost per equivalent interexchange telephone circuit kilometer for all circuits in Category 3 is determined and applied to the equivalent interexchange telephone circuit kilometer counts of each of the classes of circuits. ( b ) The cost of C&WF applicable to this category shall be directly assigned where feasible. If direct assignment is not feasible, cost shall be apportioned between the state and interstate jurisdiction on the basis of conversation-minute kilometers as applied to toll message circuits, etc. ( c ) Effective July 1, 2001, through December 31, 2024, all study areas shall directly assign Category 3 Interexchange Cable and Wire Facilities C&WF where feasible. All study areas shall apportion the non-directly assigned costs in Category 3 equipment to the jurisdictions using the relative use measurements, as specified in paragraph (b) of this section, during the twelve-month period ending December 31, 2000. [ 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; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] § 36.157 Host/remote message Cable and Wire Facilities (C&WF)—Category 4—apportionment procedures. ( a ) Host/Remote Message C&WF—Category 4. The cost of host/remote C&WF used for message circuits, i.e., circuits carrying only message traffic, is included in this category. ( 1 ) The cost of host/remote message C&WF excluding WATS closed end access lines for the study area is apportioned on the basis of the relative number of study area minutes-of-use kilometers applicable to such facilities. ( 2 ) The cost of host/remote message C&WF used for WATS closed end access for the study area is directly assigned to the appropriate jurisdiction. ( b ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Category 4 Host/Remote message Cable and Wire Facilities C&WF among the jurisdictions using the relative number of study area minutes-of-use kilometers applicable to such facilities, as specified in paragraph (a)(1) of this section, for the twelve-month period ending December 31, 2000. Direct assignment of any Category 4 equipment to the jurisdictions shall be updated annually. [ 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; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] Amortizable Assets § 36.161 Tangible assets—Account 2680. ( a ) Tangible Assets, Account 2680 includes the costs of property acquired under capital leases and the original cost of leasehold improvements. ( b ) The costs of capital leases are apportioned among the operations based on similar plant owned or by analysis. ( c ) The cost of leasehold improvements are apportioned among the operations in direct proportion to the costs of the related primary account. § 36.162 Intangible assets—Account 2690. ( a ) Intangible Assets, Account 2690 includes the costs of organizing and incorporating the company, franchises, patent rights, and other intangible property having a life of more than one year. ( b ) The amount included in this account is apportioned among the operations on the basis of the separation of the cost of Telecommunications Plant In Service, Account 2001, excluding the Intangible Assets, Account 2690. Telecommunications Plant—Other § 36.171 Property held for future telecommunications use—Account 2002; Telecommunications plant under construction—Account 2003; and Telecommunications plant adjustment—Account 2005. The amounts carried in Accounts 2002, 2003, and 2005 are apportioned among the operations on the basis of the apportionment of Account 2001, Telecommunications Plant in Service. [ 60 FR 12138 , Mar. 6, 1995] Rural Telephone Bank Stock § 36.172 Other noncurrent assets—Account 1410. ( a ) The amounts carried in this account shall be separated into subsidiary record categories: ( 1 ) Class B RTB Stock and ( 2 ) All other. ( b ) The amounts contained in category (2) all other of § 36.172(a)(2) , shall be excluded from part 36 jurisdictional separations. ( c ) The amounts contained in category (1) Class B RTB stock of § 36.172(a)(1) , shall be allocated based on the relative separations of Account 2001, Telephone Plant in Service. [ 52 FR 17229 , May 6, 1987, as amended at 53 FR 33012 , Aug. 29, 1988] Material and Supplies and Cash Working Capital § 36.181 Material and supplies—Account 1220. ( a ) The amount included in Account 1220 is apportioned among the operations on the basis of the apportionment of the cost of cable and wire facilities in service. Any amounts included in Account 1220 associated with the Customer Premises portion of Account 2310 equipment, shall be excluded from the amounts which are allocated to the interstate operation. § 36.182 Cash working capital. ( a ) The amount for cash working capital, if not determined directly for a particular operation, is apportioned among the operations on the basis of total expenses less non-cash expense items. Equal Access Equipment § 36.191 Equal access equipment. ( a ) Equal access investment includes only initial incremental expenditures for hardware and other equipment related directly to the provision of equal access which would not be required to upgrade the capabilities of the office involved absent the provision of equal access. Equal access investment is limited to such expenditures for converting central offices which serve competitive interexchange carriers or where there has been a bona fide request for conversion to equal access. ( b ) Equal access investment is first segregated from all other amounts in the primary accounts. ( c ) The equal access investment determined in this manner is allocated between the jurisdictions on the basis of relative state and interstate equal access traffic including interstate interLATA equal access traffic, intrastate interLATA equal access traffic, and BOC interstate corridor toll traffic as well as AT&T and OCC intraLATA equal access usage. Local exchange traffic and BOC intraLATA toll traffic is excluded. In the case of independent telephone companies, intrastate toll service provided by the independent local exchange company is excluded in determining intrastate usage, but intrastate toll service provided by long distance carriers affiliated with the local exchange company is included. ( d ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Equal Access Equipment, as specified in paragraph (a) of this section, among the jurisdictions using the relative state and interstate equal access traffic, as specified in paragraph (c) of this section, for the twelve-month period ending December 31, 2000. [ 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; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] Subpart C—Operating Revenues and Certain Income Accounts General § 36.201 Section arrangement. This subpart is arranged in sections as follows: General 36.202 Operating Revenues 36.211 Basic local services revenue—Account 5000 36.212 Network Access Revenues—Accounts 5081 thru 5083 36.213 Long Distance Message Revenue—Account 5100 36.214 Miscellaneous Revenue—Account 5200 36.215 Uncollectible Revenue—Account 5300 36.216 Certain Income Accounts: Other Operating Income and Expenses—Account 7100 36.221 Nonoperating Income and Expenses—Account 7300 36.222 Interest and Related Items—Account 7500 36.223 Extraordinary Items—Account 7600 36.224 Income Effect of Jurisdictional Ratemaking Differences—Account 7910 36.225 [ 69 FR 12550 , Mar. 17, 2004, as amended at 83 FR 63585 , Dec. 11, 2018] § 36.202 General. ( a ) This section sets forth procedures for the apportionment among the operations of operating revenues and certain income and expense accounts. ( b ) Except for the Network Access Revenues, subsidiary record categories are maintained for all revenue accounts in accordance with the requirements of part 32. These subsidiary records identify services for the appropriate jurisdiction and will be used in conjunction with apportionment procedures stated in this manual. [ 52 FR 17299 , May 6, 1987, as amended at 69 FR 12550 , Mar. 17, 2004] Operating Revenues § 36.211 General. Operating revenues are included in the following accounts: Account title Account No. Basic Local Service Revenue 5000 Network Access Revenues: End User Revenue 5081 Switched Access Revenue 5082 Special Access Revenue 5083 Long Distance Message Revenue 5100 Miscellaneous Revenue 5200 Uncollectible Revenue 5300 [ 69 FR 12550 , Mar. 17, 2004, as amended at 83 FR 63585 , Dec. 11, 2018] § 36.212 Basic local services revenue—Account 5000. ( a ) Local private line revenues from broadcast program transmission audio services and broadcast program transmission video services are assigned to the interstate operation. ( b ) Revenues that are attributable to the origination or termination of interstate FX or CCSA like services shall be assigned to the interstate jurisdiction. ( c ) Wideband Message Service revenues from monthly and miscellaneous charges, service connections, move and change charges, are apportioned between state and interstate operations on the basis of the relative number of minutes-of-use in the study area. Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Wideband Message Service revenues among the jurisdictions using the relative number of minutes of use for the twelve-month period ending December 31, 2000. ( d ) All other revenues in this account are assigned to the exchange operation based on their subsidiary record categories or on the basis of analysis and studies. [ 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 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] § 36.213 Network access services revenues. ( a ) End User Revenue—Account 5081. Revenues in this account are directly assigned on the basis of analysis and studies. ( b ) Switched Access Revenue—Account 5082. Revenues in this account are directly assigned on the basis of analysis and studies. ( c ) Special Access Revenue—Account 5083. Revenues in this account are directly assigned on the basis of analysis and studies. [ 52 FR 17299 , May 6, 1987, as amended at 69 FR 12550 , Mar. 17, 2004] § 36.214 Long distance message revenue—Account 5100. ( a ) Wideband message service revenues from monthly and miscellaneous charges, service connections, move and change charges, are apportioned between state and interstate operations on the basis of the relative number of minutes-of-use in the study area. Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Wideband Message Service revenues among the jurisdictions using the relative number of minutes of use for the twelve-month period ending December 31, 2000. ( b ) Long Distance private line service revenues from broadcast program transmission audio services and broadcast program transmission video services are assigned to the interstate operation. ( c ) All other revenues in this account are directly assigned based on their subsidiary record categories or on the basis of analysis and studies. [ 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 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] § 36.215 Miscellaneous revenue—Account 5200. ( a ) Directory revenues are assigned to the exchange operation. ( b ) Billing and collection revenues are assigned on the basis of services being provided. ( c ) All other revenues are apportioned on the basis of analysis. § 36.216 Uncollectible revenue—Account 5300. The amounts in this account are apportioned among the operations on the basis of analysis during a representative period of the portion of Account 1171, Allowance for doubtful accounts, related to telecommunications billing. [ 69 FR 12551 , Mar. 17, 2004] Certain Income Accounts § 36.221 Other operating income and expenses—Account 7100. ( a ) Amounts relating to translation in foreign exchange differentials are assigned to the interstate operations. ( b ) All other amounts are apportioned based on Telecommunications Plant in Service, Account 2001, if plant related, or on the nature of the item reflected in the account, if not plant related. § 36.222 Nonoperating income and expenses—Account 7300. ( a ) Only allowance for funds used during construction, and charitable, social and community welfare contributions are considered in this account for separations purposes. ( b ) Subsidiary record categories should be maintained for this account that include identification of amounts made to the account for ( 1 ) credits representing allowance for funds used during construction and ( 2 ) contributions for charitable, social or community welfare purposes, employee activities, membership dues and fees in service clubs, community welfare association and similar organizations. ( c ) The portion reflecting allowance for funds used during construction is apportioned on the basis of the cost of Telecommunications Plant Under Construction—Account 2003. The portion reflecting costs for social and community welfare contributions and fees is apportioned on the basis of the apportionment of corporate operations expenses. [ 52 FR 17229 , May 6, 1987, as amended at 60 FR 12138 , Mar. 6, 1995] § 36.223 Interest and related items—Account 7500. ( a ) Only interest paid relating to capital leases is considered in this account for separations purposes. Subsidiary Record Categories should be maintained for this account that include details relating to interest expense on capital leases. Such interest expense is apportioned on a basis consistent with the associated capital leases in Account 2680. § 36.224 Extraordinary items—Account 7600. ( a ) Amounts in this account of an operating nature are apportioned on a basis consistent with the nature of these items. § 36.225 Income effect of jurisdictional ratemaking differences—Account 7910. ( a ) Amounts in this account are directly assigned to the appropriate jurisdiction. Subpart D—Operating Expenses and Taxes General § 36.301 Section arrangement. This subpart is arranged in sections as follows: General 36.301 and 36.302. Plant Specific Operations Expenses: General 36.310. Network Support/General Support Expenses—Accounts 6110 and 6120 36.311. Central Office Expenses—Accounts 6210, 6220, 6230 36.321. Information Origination/Termination Expenses—Account 6310 36.331. Cable and Wire Facilities Expenses—Account 6410 36.341. Plant Nonspecific Operations Expenses: General 36.351. Other Property Plant and Equipment Expenses—Account 6510 36.352. Network Operations Expenses—Account 6530 36.353. Access Expenses—Account 6540 36.354. Depreciation and Amortization Expenses—Account 6560 36.361. Customer Operations Expenses: General 36.371. Marketing—Account 6610 36.372. Services—Account 6620 36.373. Telephone Operator Services 36.374. Published Directory Listing 36.375. All Other 36.376. Category 1—Local Bus. Office Expense 36.377. Category 2—Customer Services (Revenue Accounting) 36.378. Message Processing Expense 36.379. Other Billing and Collecting Expense 36.380. Carrier Access Charge Billing and Collecting Expense 36.381. Category 3—All other Customer Service Expense 36.382. Corporate Operations Expenses: General 36.391. General and Administrative Expenses—Account 6720 36.392. Operating Taxes—Account 7200 36.411 and 36.412. Equal Access Expenses 36.421. [ 69 FR 12551 , Mar. 17, 2004, as amended at 83 FR 63585 , Dec. 11, 2018] § 36.302 General. ( a ) This section sets forth procedures for the apportionment among the operations of operating expenses and operating taxes. ( b ) As covered in § 36.2 (c) and (d) , the treatment of expenses relating to plant furnished to and obtained from others under rental arrangements is consistent with the treatment of such plant. ( c ) In accordance with requirements in part 32 § 32.5999 (f) expenses recorded in the expense accounts are segregated in the accounting process among the following subsidiary record categories as appropriate to each account: Salaries and Wages Benefits Rents Other Expenses Clearances ( 1 ) Subsidiary Record Categories (SRCs) for Salaries and Wages, Benefits and Other Expenses are applicable to all of the expense accounts except for: ( i ) SRCs for access expenses are maintained to identify interstate and state access expense and billing and collection expense for carrier's carrier. ( ii ) Depreciation and Amortization Expense SRCs identify the character of the items contained in the account. ( 2 ) SRCs for Rents and Clearance are only applicable to the Plant Specific Operating Expense accounts 6110 thru 6410. [ 52 FR 17229 , May 6, 1987, as amended at 83 FR 63586 , Dec. 11, 2018] Plant Specific Operations Expenses § 36.310 General. ( a ) Plant specific operations expenses include the following accounts: Table 1 to Paragraph (a) Network Support Expenses Account 6110. General Support Expenses Account 6120. Central Office Switching Expenses Account 6210. Operator System Expenses Account 6220. Central Office Transmission Expenses Account 6230. Information Origination/Termination Expenses Account 6310. Cable and Wire Facilities Expenses Account 6410. ( b ) These accounts are used to record costs related to specific kinds of telecommunications plant and predominantly mirror the telecommunications plant in service detail accounts. Accordingly, these expense accounts will generally be apportioned in the same manner as the related plant accounts. ( c ) Except where property obtained from or furnished to other companies is treated as owned property by the company making the separation, and the related operating rents are excluded from the separation studies as set forth in § 36.2 (c) and (d) , amounts are apportioned among the operations on bases generally consistent with the treatment prescribed for similar plant costs and consistent with the relative magnitude of the items involved. [ 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] Network Support/General Support Expenses § 36.311 Network Support/General Support Expenses—Accounts 6110 and 6120. ( a ) Network Support Expenses are expenses associated with motor vehicles, aircraft, special purpose vehicles, garage work equipment, and other work equipment. General Support Expenses are expenses associated with land and buildings, furniture and artworks, office equipment, and general purpose computers. ( b ) The expenses in these account are apportioned among the operations on the basis of the separation of account 2110, Land and Support Assets. Central Office Expenses § 36.321 Central office expenses—Accounts 6210, 6220, and 6230. ( a ) The expenses related to central office equipment are summarized in the following accounts: Table 1 to Paragraph ( a ) Central Office Switching Expense Account 6210. Operator Systems Expense Account 6220. Central Office Transmission Expense Account 6230. ( b ) The expenses in these accounts are apportioned among the operations on the basis of the separation of the investments in central office equipment—Accounts 2210, 2220 and 2230, combined. [ 52 FR 17229 , May 6, 1987, as amended at 69 FR 12552 , Mar. 17, 2004; 83 FR 63586 , Dec. 11, 2018] Information Origination/Termination Expenses § 36.331 Information origination/termination expenses—Account 6310. ( a ) The expenses in this account are classified as follows: ( 1 ) Other Information Origination/Termination Equipment Expenses; Customer Premises Equipment Expenses ( 2 ) For some companies, these classifications are available from accounting records; for others, they are obtained by means of analyses of plant, accounting or other records for a representative period. ( b ) Other Information Origination/Termination Equipment Expenses include all expenses not associated with Customer Premises Equipment expenses. These expenses shall be apportioned between state and interstate operations in accordance with the apportionment of the related investment as per § 36.142(a) . ( c ) Expenses related to Customer Premises Equipment shall be assigned to the state operations. [ 52 FR 17229 , May 6, 1987, as amended at 53 FR 33012 , Aug. 29, 1988] Cable and Wire Facilities Expenses § 36.341 Cable and wire facilities expenses—Account 6410. ( a ) This account includes the expenses for poles, antenna supporting structures, aerial cable, underground cable, buried cable, submarine cable, deep sea cable, intrabuilding network cable, aerial wire, and conduit systems. ( b ) The general method of separating cable and wire facilities expenses amoung the operations is to assign them on the basis of Account 2410—Cable and Wire Facilities. Plant Nonspecific Operations Expenses § 36.351 General. Plant nonspecific operations expenses include the following accounts: Table 1 to § 36.351 Other Property Plant and Equipment Expenses Account 6510. Network Operations Expenses Account 6530. Access Expenses Account 6540. Depreciation and Amortization Expenses Account 6560. [ 83 FR 63586 , Dec. 11, 2018] Plant Expenses—Other § 36.352 Other property plant and equipment expenses—Account 6510. ( a ) This account is used to record the expenses associated with ( 1 ) property held for future telecommunications use and ( 2 ) the provisioning of material and supplies. ( b ) The expenses in this account are apportioned among the operations based on the separation of Account 2001—Telecommunications Plant in Service. Network Operations Expenses § 36.353 Network operations expenses—Account 6530. ( a ) This account includes the expenses associated with the provisions of power, network administration, testing, plant operations administration, and engineering. ( b ) The expenses in this account are apportioned among the operations based on the separations of Account 2210, Central Office Switching, Account 2220 Operator Systems, Account 2230 Central Office Transmission, Account 2310, Information Origination/Termination and Account 2410, Cable and Wire Facilities, Combined. § 36.354 Access expenses—Account 6540. ( a ) This account includes access charges paid to exchange carriers for exchange access service. These are directly assigned to the appropriate jurisdiction based on subsidiary record categories or on analysis and study. Depreciation and Amortization Expenses § 36.361 Depreciation and amortization expenses—Account 6560. ( a ) This account includes the depreciation expenses for telecommunications plant in service and for property held for future telecommunications use. It also includes the amortization expense for tangible and intangible asserts. ( b ) Expenses recorded in this account shall be separated on the basis of the separation of the associated primary Plant Accounts or related categories. Customer Operations Expenses § 36.371 General. Customer Operations Expenses are included in the following accounts: Marketing Account 6610. Services Account 6620. [ 69 FR 12552 , Mar. 17, 2004, as amended at 83 FR 63587 , Dec. 11, 2018] § 36.372 Marketing—Account 6610. The expenses in this account are apportioned among the operations on the basis of an analysis of current billing for a representative period, excluding current billing on behalf of others and billing in connection with intercompany settlements. Effective July 1, 2001, through December 31, 2024, all study areas shall apportion expenses in this account among the jurisdictions using the analysis during the twelve-month period ending December 31, 2000. [ 79 FR 36238 , June 26, 2014] § 36.373 Services—Account 6620. ( a ) For apportionment purposes, the expenses in this account are first segregated on the basis of an analysis of job functions into the following classifications: Telephone operator services: publishing directory listing; and all other. ( 1 ) Expenses may be apportioned among the operations for groups of exchanges. A group of exchanges may include all exchanges in the study area. § 36.374 Telephone operator services. ( a ) Expenses in this classification include costs incurred for operators in call completion service and number services. This includes intercept, quoting rates, directory information, time charges, and all other operator functions performed in the central office, private branch exchange, teletypewriter exchange, and at public telephone stations. ( b ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the Telephone operator expense classification based on the relative percentage assignment of the balance of Account 6620 to this classification during the twelve-month period ending December 31, 2000. ( c ) Expenses in this classification are apportioned among the operations on the basis of the relative number of weighted standard work seconds as determined by analysis and study for a representative period. ( d ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Telephone operator expenses among the jurisdictions using the relative number of weighted standard work seconds, as specified in paragraph (c) of this section, during the twelve-month period ending December 31, 2000. [ 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; 79 FR 36238 , June 26, 2014] § 36.375 Published directory listing. ( a ) This classification includes expenses for preparing or purchasing, compiling and disseminating directory listings. ( b ) Published directory expense is assigned as follows: ( 1 ) Classified directory expense and all expense of soliciting advertising is assigned to the exchange operation. ( 2 ) The expense of alphabetical and street address directories and traffic information records is apportioned among the operations on the basis of the relative number of study area subscriber line minutes-of-use applicable to each operation. ( 3 ) The expense associated with directories and traffic information records prepared for one locality and used in another locality is known as “foreign directories expense.” Such expense is assigned to the appropriate operation on the basis of the location of the point where used with respect to the locality for which the directories and records were prepared. ( 4 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the classifications, as specified in paragraphs (b)(1) through (3) of this section, based on the relative percentage assignment of the balance of Account 6620 to these classifications during the twelve-month period ending December 31, 2000. ( 5 ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Published directory listing expenses using the underlying relative use measurements, as specified in paragraphs (b)(1) through (3) of this section, during the twelve-month period ending December 31, 2000. Direct assignment of any Publishing directory listing expense to the jurisdictions shall be updated annually. [ 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 FR 30841 , May 27, 2011; 79 FR 36238 , June 26, 2014; 83 FR 63587 , Dec. 11, 2018] § 36.376 All other. ( a ) For apportionment purposes this classification must be divided into three categories: ( 1 ) Category 1—Local Business Office Expense. ( 2 ) Category 2—Customer Services Expense. ( 3 ) Category 3—All Other Customer Services Expense. § 36.377 Category 1—Local business office expense. ( a ) The expense in this category for the area under study is first segregated on the basis of an analysis of job functions into the following subcategories: End user service order processing; end user payment and collection; end user billing inquiry; interexchange carrier service order processing; interexchange carrier payment and collection; interexchange carrier billing inquiry; and coin collection and administration. Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in this paragraph (a) , based on the relative percentage assignment of the balance of Account 6620 to these categories/subcategories during the twelve-month period ending December 31, 2000. ( 1 ) End-user service order processing includes expenses related to the receipt and processing of end users' orders for service and inquiries concerning service. This subcategory does not include any service order processing expenses for services provided to the interexchange carriers. End user service order processing expenses are first segregated into the following subcategories based on the relative number of actual contacts which are weighted, if appropriate, to reflect differences in the average work time per contact: Local service order processing; presubscription; directory advertising; State private line and special access; interstate private line and special access; other State message toll including WATS; other interstate message toll including WATS. ( i ) Local service order processing expense (primarily local telephone service orders) is assigned to the State jurisdiction. ( ii ) Presubscription service order processing expense is assigned to the interstate jurisdiction. ( iii ) Directory advertising service order processing expense is assigned to the State jurisdiction. ( iv ) State private line and special access service order processing expense is assigned to the State jurisdiction. ( v ) Interstate private line and special access service order processing expense is assigned to the interstate jurisdiction. ( vi ) Other State message toll including WATS service order processing expense is assigned to the State jurisdiction. ( vii ) Other Interstate message toll including WATS service order processing expense is assigned to the interstate jurisdiction. ( viii ) [Reserved] ( ix ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the categories/subcategories, as specified in paragraphs (a)(1)(i) through (viii) of this section, based on the relative percentage assignment of the balance of Account 6620 to these categories/subcategories during the twelve-month period ending December 31, 2000. Effective July 1, 2001, through December 31, 2024, all study areas shall apportion TWX service order processing expense, as specified in paragraph (a)(1)(viii) of this section among the jurisdictions using relative billed TWX revenues for the twelve-month period ending December 31, 2000. All other subcategories of End-user service order processing expense, as specified in paragraphs (a)(1)(i) through (viii) shall be directly assigned. ( 2 ) End user payment and collection includes expenses incurred in relation to the payment and collection of amounts billed to end users. It also includes commissions paid to payment agencies (which receive payment on customer accounts) and collection agencies. This category does not include any payment or collection expenses for services provided to interexchange carriers. End user payment and collection expenses are first segregated into the following subcategories based on relative total state and interstate billed revenues (excluding revenues billed to interexchange carriers and/or revenues deposited in coin boxes) for services for which end user payment and collection is provided: State private line and special access; interstate private line and special access; State message toll including WATS; interstate message toll including WATS, and interstate subscriber line charge; local, including directory advertising. ( i ) State private line and special access payment and collection expense is assigned to the State jurisdiction. ( ii ) Interstate private line and special access payment and collection expense is assigned to the interstate jurisdiction. ( iii ) State message toll including WATS payment and collection expense is assigned to the State jurisdiction. ( iv ) Interstate message toll including WATS and interstate subscriber line charge payment and collection expense is assigned to the interstate jurisdiction. ( v ) Local, including directory advertising payment and collection expense is assigned to the State jurisdiction. ( vi ) [Reserved] ( vii ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in paragraphs (a)(2)(i) through (vi) of this section, based on the relative percentage assignment of the balance of Account 6620 to these categories/subcategories during the twelve-month period ending December 31, 2000. All other subcategories of End User payment and collection expense, as specified in paragraphs (a)(2)(i) through (v) of this section, shall be directly assigned. ( 3 ) End user billing inquiry includes expenses related to handling end users' inquiries concerning their bills. This category does not include expenses related to the inquiries of interexchange carriers concerning their bills. End user billing inquiry costs are first segregated into the following subcategories based on the relative number of actual contracts, weighted if appropriate, to reflect differences in the average work time per contact: State private line and special access; interstate private line and special access; State message toll including WATS, interstate message toll including WATS, interstate subscriber line charge; and other. ( i ) State private line and special access billing inquiry expense is directly assigned to the State jurisdiction. ( ii ) Interstate private line and special access billing inquiry expense is directly assigned to the interstate jurisdiction. ( iii ) State message toll including WATS billing inquiry expense is directly assigned to the State jurisdiction. ( iv ) Interstate message toll including WATS, and interstate subscriber line charge billing inquiry expense is directly assigned to the interstate jurisdiction. ( v ) [Reserved] ( vi ) Other billing inquiry expense (primarily related to local bills but also including directory advertising) is directly assigned to the State jurisdiction. ( vii ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in paragraphs (a)(3)(i) through (vi) of this section, based on the relative percentage assignment of the balance of Account 6620 to these subcategories during the twelve-month period ending December 31, 2000. All other subcategories of End user billing inquiry expense, as specified in paragraphs (a)(2)(i) through (vi) shall be directly assigned. ( 4 ) Interexchange carrier service order processing includes expenses associated with the receipt and processing of interexchange carrier orders for service and inquiries about service. Interexchange carrier service order processing expenses are assigned to the following subcategories based on the relative number of actual contacts which are weighted, if appropriate, to reflect differences in the average work time per contact: State special access and private line; interstate special access and private line; State switched access and message toll including WATS; interstate switched access and message toll including WATS; State billing and collection; and interstate billing and collection. ( i ) State special access and private line service order processing expense is directly assigned to the State jurisdiction. ( ii ) Interstate special access and private line service order processing expense is directly assigned to the interstate jurisdiction. ( iii ) State switched access and message toll including WATS service order processing expense is directly assigned to the State jurisdiction. ( iv ) Interstate switched access and message toll including WATS service order processing expense is directly assigned to the interstate jurisdiction. ( v ) State billing and collection service order processing expense is directly assigned to the state jurisdiction. ( vi ) Interstate billing and collection service order processing expense is directly assigned to the interstate jurisdiction. ( vii ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in paragraphs (a)(4)(i) through (vi) of this section, based on the relative percentage assignment of the balance of Account 6620 to these subcategories during the twelve-month period ending December 31, 2000. All subcategories of Interexchange carrier service order processing expense, as specified in paragraphs (a)(2)(i) through (vi), shall be directly assigned. ( 5 ) Interexchange carrier payment and collection includes expenses associated with the payment and collection of interexchange carrier billings, including commissions paid to payment and collection agents. Interexchange carrier payment and collection expenses are assigned to the following subcategories based on relative total State and interstate revenues billed to the interexchange carriers: State special access and private line; interstate special access and private line; State switched access and message toll including WATS; interstate switched access and message toll including WATS; State billing and collection; and interstate billing and collection. ( i ) State special access and private line payment and collection expense is directly assigned to the State jurisdiction. ( ii ) Interstate special access and private line payment and collection expense is directly assigned to the interstate jurisdiction. ( iii ) State switched access and message toll including WATS payment and collection expense is directly assigned to the State jurisdiction. ( iv ) Interstate switched access and message toll including WATS payment and collection expense is directly assigned to the interstate jurisdiction. ( v ) State billing and collection payment and collection expense is directly assigned to the State jurisdiction. ( vi ) Interstate billing and collection payment and collection expense is directly assigned to the interstate jurisdiction. ( vii ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in paragraphs (a)(5)(i) through (vi) of this section, based on the relative percentage assignment of the balance of Account 6620 to these subcategories during the twelve-month period ending December 31, 2000. All subcategories of Interexchange carrier payment expense, as specified in paragraphs (a)(2)(i) through (vi) shall be directly assigned. ( 6 ) Interexchange carrier billing inquiry includes expenses related to the handling of interexchange carrier billing inquiries. Interexchange carrier billing inquiry expenses are assigned to the following subcategories based on the relative number of actual contacts, weighted if appropriate, to reflect differences in the average work time per contact: State special access and private line; interstate special access and private line; State switched access and message toll including WATS; interstate switched access and message toll including WATS; State billing and collection; and interstate billing and collection. ( i ) State special access and private line billing inquiry expenses is directly assigned to the State jurisdiction. ( ii ) Interstate special access and private line billing inquiry expense is directly assigned to the interstate jurisdiction. ( iii ) State switched access and message toll including WATS billing inquiry expense is directly assigned to the State jurisdiction. ( iv ) Interstate switched access and message toll including WATS billing inquiry expense is directly assigned to the interstate jurisdiction. ( v ) State billing and collection billing inquiry expense is directly assigned to the State jurisdiction. ( vi ) Interstate Billing and Collection billing inquiry expense is directly assigned to the interstate jurisdiction. ( vii ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in paragraphs (a)(6)(i) through (vi) of this section, based on the relative percentage assignment of the balance of Account 6620 to these subcategories during the twelve-month period ending December 31, 2000. All subcategories of Interexchange carrier billing inquiry expense, as specified in paragraphs (a)(2)(i) through (vi), shall be directly assigned. ( 7 ) [Reserved] ( b ) [Reserved] [ 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 FR 30841 , May 27, 2011; 79 FR 36238 , June 26, 2014; 83 FR 63587 , Dec. 11, 2018] § 36.378 Category 2—Customer services (revenue accounting). ( a ) The Revenue Accounting proportion of Account 6620 expenses comprise the salaries and other expenses in Account 6620 directly assignable or allocable to the billing of customers and the accounting for revenues, including the supervision of such work. ( b ) Revenue Accounting expenses for the study area are separated on the basis of a Job Function analysis into three main classifications: Message processing expense, other billing and collecting expense, and carrier access charge billing and collecting expense. ( 1 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the classifications, as specified in paragraph (b) of this section, based on the relative percentage assignment of the balance of Account 6620 to those classifications during the twelve-month period ending December 31, 2000. ( 2 ) [Reserved] ( c ) The term “ticket” denotes either a ticket prepared manually by an operator or the mechanized equivalent of such a ticket processed by the revenue accounting office. [ 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; 79 FR 36239 , June 26, 2014] § 36.379 Message processing expense. ( a ) This classification includes the salary and machine expense of data processing equipment, including supervision, general accounting administrative and miscellaneous expense associated with the processing of individual toll tickets and local message tickets. ( b ) The expense assigned to this classification is divided into the subcategories Toll Ticket Processing Expense and Local Message Processing Expense on the basis of the relative number of messages. Toll Ticket Processing Expense is allocated between the State and interstate jurisdiction on the basis of the relative number of toll messages. Local Message Processing Expense is assigned to the exchange operation. ( 1 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in this paragraph (b) , based on the relative percentage assignment of the balance of Account 6620 to those subcategories during the twelve-month period ending December 31, 2000. ( 2 ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Toll Ticketing Processing Expense among the jurisdictions using the relative number of toll messages for the twelve-month period ending December 31, 2000. Local Message Process Expense is assigned to the state jurisdiction. [ 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; 79 FR 36239 , June 26, 2014] § 36.380 Other billing and collecting expense. ( a ) This classification includes the salary expense, including supervision, general accounting administrative, and miscellaneous expense, associated with the preparation of customer bills other than carrier access charge bills and with other revenue accounting functions not covered in § 36.379 . Included in this classification are the expenses incurred in the preparation of monthly bills, initial and final bills, the application of service orders to billing records (establishing, changing, or discontinuing customers' accounts), station statistical work, controlling record work and the preparation of revenue reports. ( b ) Local exchange carriers that bill or collect from end users on behalf of interexchange carriers shall allocate one third of the expenses assigned this classification to the interstate jurisdiction, and two thirds of the expenses assigned this classification to the state jurisdiction. ( c ) Local exchange carriers that do not bill or collect from end users on behalf of interexchange carriers shall allocate five percent of the expenses assigned this classification to the interstate jurisdiction, and ninety-five percent of the expenses assigned this classification to the state jurisdiction. ( d ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the Other billing and collecting expense classification based on the relative percentage assignment of the balance of Account 6620 to those subcategory during the twelve-month period ending December 31, 2000. ( e ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Other billing and collecting expense among the jurisdictions using the allocation factor utilized, pursuant to paragraph (b) or (c) of this section, for the twelve-month period ending December 31, 2000. [ 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; 76 FR 30841 , May 27, 2011; 79 FR 36239 , June 26, 2014] § 36.381 Carrier access charge billing and collecting expense. ( a ) This classification includes the revenue accounting functions associated with the billing and collecting of access charges to interexchange carriers. ( b ) Of access charges other than end user common line access charges are assessed for the origination or termination of intrastate services in a particular state, one-half of such expense shall be apportioned to interstate operations. If no such access charges are assessed in a particular state, all such expense shall be assigned to interstate operations. ( c ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the Carrier access charge billing and collecting expense classification based on the relative percentage assignment of the balance of Account 6620 to that classification during the twelve-month period ending December 31, 2000. ( d ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Carrier access charge billing and collecting expense among the jurisdictions using the allocation factor, pursuant to paragraph (b) of this section, for the twelve-month period ending December 31, 2000. [ 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; 79 FR 36239 , June 26, 2014] § 36.382 Category 3—All other customer services expense. ( a ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to this category based on the relative percentage assignment of the balance of Account 6620 to this category during the twelve-month period ending December 31, 2000. ( b ) Category 3 is apportioned on the basis of Categories 1 and 2. [ 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] Corporate Operations Expense § 36.391 General. Corporate Operations Expenses are included in the following account: General and Administrative Account 6720. [ 69 FR 12552 , Mar. 17, 2004] § 36.392 General and administrative—Account 6720. ( a ) These expenses are divided into two categories: ( 1 ) Extended Area Services (EAS). ( 2 ) All other. ( b ) Extended Area Services (EAS) settlements are directly assigned to the exchange operation. ( c ) The expenses in this account are apportioned among the operations on the basis of the separation of the cost of the combined Big Three Expenses which include the following accounts: Table 1 to Paragraph ( c ) Plant Specific Expenses Central Office Switching Expenses Account 6210. Operators Systems Expenses Account 6220. Central Office Transmission Expenses Account 6230. Information Origination/Termination Expenses Account 6310. Cable and Wire Facilities Expense Account 6410. Plant Non-Specific Expenses Network Operations Expenses Account 6530. Customer Operations Expenses Marketing Account 6610. Services Account 6620. [ 52 FR 17229 , May 6, 1987, as amended at 69 FR 12552 , Mar. 17, 2004; 83 FR 63587 , Dec. 11, 2018] Operating Taxes § 36.411 Operating taxes—Account 7200. This account includes the taxes arising from the operations of the company, i.e.: ( a ) Operating Investment Tax Credits. ( b ) Operating Federal Income Taxes. ( c ) Operating State and Local Income Taxes. ( d ) Operating Other Taxes. ( e ) Provision for Deferred Operating Income Taxes. [ 83 FR 63587 , Dec. 11, 2018] § 36.412 Apportionment procedures. ( a ) For apportionment purposes, the expenses in this account are segregated into two groups as follows: ( 1 ) Operating Federal, State and local income taxes and ( 2 ) all other operating taxes. ( b ) Operating Federal, State and local income taxes are apportioned among the operations on the basis of the approximate net taxable income (positive or negative) applicable to each of the operations. The approximate net taxable income from each of the operations is the summation of the following amounts apportioned to each operation by means of the procedures set forth in this Manual: ( 1 ) Operating revenues, ( 2 ) Less operating expenses, ( 3 ) Less operating taxes except the net income tax being apportioned and except any other tax not treated as a deductible item in the determination of taxable net income for this purpose. ( 4 ) Less operating fixed charges. ( i ) The amount of fixed charges attributable to the operations is obtained by subtracting the tax component (positive or negative) attributable to other than the operating fixed charges, i.e., fixed charges on non-operating investments are that proportion of total fixed charges which non-operating net investments are of total operating and non-operating net investments. ( ii ) Operating fixed charges including interest on Rural Telephone Bank Stock are apportioned among the operations on the basis of the separation of the cost of telephone plant less appropriate reserves. ( c ) Other operating taxes should be directly assigned to the appropriate jurisdiction where possible, e.g., Local Gross Receipts may be directly identified as applicable to one jurisdiction. Where direct assignment is not feasible, these expenses should be apportioned among the operations on the basis of the separation of the cost of Telecommunications Plant in Service—Account 2001. Equal Access Expenses § 36.421 Equal access expenses. ( a ) Equal access expenses include only initial incremental pre-subscription costs and other initial incremental expenditures related directly to the provision of equal access, that would not be required to upgrade the capabilities of the office involved absent the provision of equal access. Equal access expenses are limited to such expenditures for converting central offices that serve competitive interexchange carriers or where there has been a bona fide request for conversion to equal access. ( b ) Equal access expenses are apportioned between the jurisdictions by first segregating them from all other expenses in the primary accounts and then allocating them on the same basis as equal access investment. Subpart E—Reserves and Deferrals § 36.501 General. For separations purposes, reserves and deferrals include the following accounts: Other Jurisdictional Assets—Net Account 1500. Accumulated Depreciation Account 3100. Accumulated Depreciation—Property Held for Future Telecommunications Use Account 3200. Accumulated Amortization—Capital Leases Account 3400. Net Current Deferred Operating Income Taxes Account 4100. Net Noncurrent Deferred Operating Income Taxes Account 4340. Other Jurisdictional Liabilities and Deferred Credits—Net Account 4370. [ 69 FR 12553 , Mar. 17, 2004, as amended at 83 FR 63587 , Dec. 11, 2018] § 36.502 Other jurisdictional assets—Net—Account 1500. ( a ) Amounts in this account are separated based upon analysis of the specific items involved. § 36.503 Accumulated depreciation—Account 3100. ( a ) Amounts recorded in this account shall be separated on the basis of the separation of the associated primary Plant Accounts or related categories, excluding amortizable assets. § 36.504 Accumulated depreciation—Property held for future telecommunications use—Account 3200. ( a ) Amounts in this account are apportioned among the operations on the basis of the separation of the costs of the related items carried in Account 2002—Property Held for Future Telecommunications Use. § 36.505 Accumulated amortization—Tangible—Account 3400. Amounts in these accounts are apportioned among the operations on the basis of the separation of the related accounts. [ 52 FR 17229 , May 6, 1987, as amended at 83 FR 63587 , Dec. 11, 2018] § 36.506 Net current deferred operating income taxes—Account 4100, Net noncurrent deferred operating income taxes—Account 4340. ( a ) Amounts in these accounts are maintained by plant account and are apportioned among the operations on the basis of the separations of the related plant accounts. § 36.507 Other jurisdictional liabilities and deferred credits—Net—Account 4370. ( a ) Amounts in this account are separated based upon an analysis of the specific items involved. Subparts F-G [Reserved] Appendix to Part 36—Glossary The descriptions of terms in this glossary are broad and have been prepared to assist in understanding the use of such terms in the separation procedures. Terms which are defined in the text of this part are not included in this glossary. Access Line A communications facility extending from a customer's premises to a serving central office comprising a subscriber line and, if necessary, a trunk facility, e.g., a WATS access line. Book Cost The cost of property as recorded on the books of a company. Cable Fill Factor The ratio of cable conductor or cable pair kilometers in use to total cable conductor or cable pair kilometers available in the plant, e.g., the ratio of revenue producing cable pair kilometers in use to total cable pair kilometers in plant. Category A grouping of items of property or expense to facilitate the apportionment of their costs among the operations and to which, ordinarily, a common measure of use is applicable. Central Office A switching unit, in a telephone system which provides service to the general public, having the necessary equipment and operations arrangements for terminating and interconnecting subscriber lines and trunks or trunks only. There may be more than one central office in a building. Channel An electrical path suitable for the transmission of communications between two or more points, ordinarily between two or more stations or between channel terminations in Telecommunication Company central offices. A channel may be furnished by wire, fiberoptics, radio or a combination thereof. Circuit A fully operative communications path established in the normal circuit layout and currently used for message, WATS access, or private line services. Circuit Kilometers The route kilometers or revenue producing circuits in service, determined by measuring the length in terms of kilometers, of the actual path followed by the transmission medium. Common Channel Network Signaling Channels between switching offices used to transmit signaling information independent of the subscribers' communication paths or transmission channels. Complement (of cable) A group of conductors of the same general type (e.g., quadded, paired) within a single cable sheath. Complex All groups of operator positions, wherever located, associated with the same call distribution and/or stored program control unit. Concentration Equipment Central office equipment whose function is to concentrate traffic from subscriber lines onto a lesser number of circuits between the remotely located concentration equipment and the serving central office concentration equipment. This concentration equipment is connected to the serving central office line equipment. Connection—Minute The product of (a) the number of messages and, (b) the average minutes of connection per message. Conversation—Minute The product of (a) the number of messages and, (b) the average minutes of conversation per message. Conversation—Minute—Kilometers The product of (a) the number of messages, (b) the average minutes of conversation per message and (c) the average route kilometers of circuits involved. Cost The cost of property owned by the Telephone Company whose property is to be apportioned among the operations. This term applies either to property costs recorded on the books of the company or property costs determined by other evaluation methods. Current Billing The combined amount of charges billed, excluding arrears. Customer Dialed Charge Traffic Traffic which is both (a) handled to completion through pulses generated by the customer and (b) for which either a message unit change, bulk charge or message toll charge is except for that traffic recorded by means of message registers. Customer Premises Equipment Items of telecommunications terminal equipment in Accounts 2310 referred to as CPE in § 64.702 of the Federal Communication Commission's Rules adopted in the Second Computer Inquiry such as telephone instruments, data sets, dialers and other supplemental equipment, and PBX's which are provided by common carriers and located on customer premises and inventory included in these accounts to be used for such purposes. Excluded from this classification are similar items of equipment located on telephone company premises and used by the company in the normal course of business as well as over voltage protection equipment, customer premises wiring, coin operated public or pay telephones, multiplexing equipment to deliver multiple channels to the customer, mobile radio equipment and transmit earth stations. Customer Premises Wire The segment of wiring from the customer's side of the protector to the customer premises equipment. DSA Board A local dial office switchboard at which are handled assistance calls, intercepted calls and calls from miscellaneous lines and trunks. It may also be employed for handling certain toll calls. DSB Board A switchboard of a dial system for completing incoming calls received from manual offices. Data Processing Equipment Office equipment such as that using punched cards, punched tape, magnetic or other comparable storage media as an operating vehicle for recording and processing information. Includes machines for transcribing raw data into punched cards, etc., but does not include such items as key-operated, manually or electrically driven adding, calculating, bookkeeping or billing machines, typewriters or similar equipment. Dial Switching Equipment Switching equipment actuated by electrical impulses generated by a dial or key pulsing arrangement. Equal Access Costs Include only initial incremental presubscription costs and initial incremental expenditures for hardware and software related directly to the provision of equal access which would not be required to upgrade the switching capabilities of the office involved absent the provisions of equal access. Equivalent Gauge A standard cross section of cable conductors for use in equating the metallic content of cable conductors of all gauge to a common base. Equivalent Kilometers of 104 Wire The basic units employed in the allocation of pole lines costs for determining the relative use made of poles by aerial cables and by aerial wire conductors of various sizes. This unit reflects the relative loads of such cable and wire carried on poles. Equivalent Pair Kilometers The product of sheath Kilometers and the number of equivalent gauge pairs of conductors in a cable. Equivalent Sheath Kilometers The product of (a) the length of a section of cable in kilometers (sheath kilometers) and (b) the ratio of the metallic content applicable to a particular group of conductors in the cable (e.g., conductors assigned to a category) to the metallic content of all conductors in the cable. Exchange Transmission Plant This is a combination of (a) exchange cable and wire facilities (b) exchange central office circuit equipment, including associated land and buildings and (c) information origination/termination equipment which forms a complete channel. Holding Time The time in which an item of telephone plant is in actual use either by a customer or an operator. For example, on a completed telephone call, holding time includes conversation time as well as other time in use. At local dial offices any measured minutes which result from other than customer attempts to place calls (as evidenced by the dialing of at least one digit) are not treated as holding time. Host Central Office An electronic analog or digital base switching unit containing the central call processing functions which service the host office and its remote locations. Information Origination/Termination Equipment Equipment used to input into or receive output from the telecommunications network. Interexchange Channel A circuit which is included in the interexchange transmission equipment. Interexchange Transmission Equipment The combination of (a) interexchange cable and wire facilities, (b) interexchange circuit equipment and, (c) associated land and buildings. Interlocal Trunk A circuit between two local central office units, either manual or dial. Interlocal trunks may be used for either exchange or toll traffic or both. Intertoll Circuits Circuits between toll centers and circuits between a toll center and a tandem system in a different toll center area. Local Channel The portion of a private line circuit which is included in the exchange transmission plant. However, common usage of this term usually excludes information origination/termination equipment. Local Office A central office serving primarily as a place of termination for subscriber lines and for providing telephone service to the subscribers on these lines. Loop A pair of wires, or its equivalent, between a customer's station and the central office from which the station is served. Message A completed call, i.e., a communication in which a conversation or exchange of information took place between the calling and called parties. Message Service or Message Toll Service Switched service furnished to the general public (as distinguished from private line service). Except as otherwise provided, this includes exchange switched services and all switched services provided by interexchange carriers and completed by a local telephone company's access services, e.g., MTS, WATS, Execunet, open-end FX and CCSA/ONALs. Message Units Unit of measurement used for charging for measured message telephone exchange traffic within a specified area. Metropolitan Service Area The area around and including a relatively large city and in which substantially all of the message telephone traffic between the city and the suburban points within the area is classified as exchange in one or both directions. Minutes-of-Use A unit of measurement expressed as either holding time or conversation time. Minutes-of-Use-Kilometers The product of (a) the number of minutes-of-use and (b) the average route kilometers of circuits involved. Multi-Center Exchange An exchange area in which are located two or more local central office buildings or wire centers. Operations The term denoting the general classifications of services rendered to the public for which separate tariffs are filed, namely exchange, state toll and interstate toll. Operator Trunks A general term, ordinarily applied to trunks between manually operated switchboard positions and local dial central offices in the same wire center. Private Line Service A service for communications between specified locations for a continuous period or for regularly recurring periods at stated hours. Remote Access Line An access line (e.g., for WATS service) between a subscriber's premises in one toll rate center and a serving central office located in a different toll rate center. Remote Line Location A remotely located subscriber line access unit which is normally dependent upon the central processor of the host office for call processing functions. Remote Trunk Arrangement (RTA) Arrangement that permits the extension of TSPS functions to remote locations. Reservation That amount or quantity of property kept or set apart for a specific use. Reserved Kept or set apart for a specific use. Separations The process by which telecommunication property costs, revenues, expenses, taxes and reserves are apportioned among the operations. Service Observing Unit A unit of work measurement which is used as the common denominator to express the relative time required for handling the various work functions at service observing boards. Sheath Kilometers The actual length of cable in route kilometers. Special Services All services other than message telephones, e.g., private line services. Station-to-Station Basis The term applied to the basis of toll rate making which contemplates that the message toll service charge (telephone) covers the use made of all facilities between the originating station and the terminating station, including the stations, and the services rendered in connection therewith. Study Area Study area boundaries shall be frozen as they are on November 15, 1984. Subscriber Line or Exchange Line A communication channel between a telephone station or PBX station and the central office which serves it. Subtributary Office A class of tributary office which does not have direct access to its toll center, but which is connected to its toll center office by means of circuits which are switched through to the toll center at another tributary office. Tandem Area The general areas served by the local offices having direct trunks to or from the tandem office. This area may consist of one or more communities or may include only a portion of a relatively large city. Tandem Circuit or Trunk A general classification of circuits or trunks between a tandem central office unit and any other central office or switchboard. Tandem Connection A call switched at a tandem office. Tandem Office A central office unit used primarily as an intermediate switching point for traffic between local central offices within the tandem area. Where qualified by a modifying expression, or other explanation, this term may be applied to an office employed for both the interconnection of local central offices within the tandem area and for the interconnection of these local offices with other central offices, e.g., long haul tandem office. Toll Center An office (or group of offices) within a city which generally handles the originating and incoming toll traffic for that city to or from other toll center areas and which handles through switched traffic. The toll center normally handles the inward toll traffic for its tributary exchanges and, in general, either handles the outward traffic originating at its tributaries or serves as the outlet to interexchange circuits for outward traffic ticketed and timed at its tributaries. Toll centers are listed as such in the Toll Rate and Route Guide. Toll Center Area The areas served by a toll center, including the toll center city and the communities served by tributaries of the toll center. Toll Center Toll Office A toll office (as contrasted to a local office) in a toll center city. Toll Circuit A general term applied to interexchange trunks used primarily for toll traffic. Toll Connecting Trunk A general classification of trunks carrying toll traffic and ordinarily extending between a local office and a toll office, except trunks classified as tributary circuits. Examples of toll connecting trunks include toll switching trunks, recording trunks and recording-completing trunks. Toll Office A central office used primarily for supervising and switching toll traffic. Traffic Over First Routes A term applied to the routing of traffic and denoting routing via principal route for traffic between any two points as distinguished from alternate routes for such traffic. Operator System A stored program electronic system associated with one or more toll switching systems which provides centralized traffic service position functions for several local offices at one location. Tributary Circuit A circuit between a tributary office and a toll switchboard or intertoll dialing equipment in a toll center city. Tributary Office A local office which is located outside the exchange in which a toll center is located, which has a different rate center from its toll center and which usually tickets and times only a part of its originating toll traffic, but which may ticket or time all or none, of such traffic. The toll center handles all outward traffic not ticketed and timed at the tributary and normally switches all inward toll traffic from outside the tributary's toll center to the tributary. Tributary offices are indicated as such in the Toll Rate and Route Guide. Trunks Circuit between switchboards or other switching equipment, as distinguished from circuits which extend between central office switching equipment and information origination/termination equipment. TSPS Complex All groups of operator positions, wherever located, associated with the same TSPS stored program control units. Weighted Standard Work Second A measurement of traffic operating work which is used to express the relative time required to handle the various kinds of calls or work functions, and which is weighted to reflect appropriate degrees of waiting to serve time. Wide Area Telephone Service WATS A toll service offering for customer dial type telecommunications between a given customer station and stations within specified geographic rate areas employing a single access line between the customer location and the serving central office. Each access line may be arranged for either outward (OUT-WATS) or inward (IN-WATS) service or both. Wideband Channel A communication channel of a bandwidth equivalent to twelve or more voice grade channels. Working Loop A revenue producing pair of wires, or its equivalent, between a customer's station and the central office from which the station is served. [ 71 FR 65747 , Nov. 9, 2006] [ 1 ] The Commission has determined that the same jurisdictional separations used in the contiguous states are to be used for Alaska, Hawaii, Puerto Rico and the Virgin Islands. Integration of Rates and Services, Docket No. 21263, 87 FCC 2nd 18 (1981); Integration of Rates and Services, Docket No. 21264, 72 FCC 2nd 699 (1979)."}}},{"rowIdx":53,"cells":{"file_name":{"kind":"string","value":"title-47_18.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 18—INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT Authority: 47 U.S.C. 154 , 301 , 302 , 303 , 304 , 307 . Source: 50 FR 36067 , Sept. 5, 1985, unless otherwise noted. Subpart A—General Information § 18.101 Basis and purpose. The rules in this part, in accordance with the applicable treaties and agreements to which the United States is a party, are promulgated pursuant to section 302 of the Communications Act of 1934, as amended, vesting the Federal Communications Commission with authority to regulate industrial, scientific, and medical equipment (ISM) that emits electromagnetic energy on frequencies within the radio frequency spectrum in order to prevent harmful interference to authorized radio communication services. This part sets forth the conditions under which the equipment in question may be operated. § 18.107 Definitions. ( a ) Radio frequency (RF) energy. Electromagnetic energy at any frequency in the radio spectrum from 9 kHz to 3 THz (3,000 GHz). ( b ) Harmful interference. Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with this chapter. ( c ) Industrial, scientific, and medical (ISM) equipment. Equipment or appliances designed to generate and use locally RF energy for industrial, scientific, medical, domestic or similar purposes, excluding applications in the field of telecommunication. Typical ISM applications are the production of physical, biological, or chemical effects such as heating, ionization of gases, mechanical vibrations, hair removal and acceleration of charged particles. ( d ) Industrial heating equipment. A category of ISM equipment used for or in connection with industrial heating operations utilized in a manufacturing or production process. ( e ) Medical diathermy equipment. A category of ISM equipment used for therapeutic purposes, not including surgical diathermy apparatus designed for intermittent operation with low power. ( f ) Ultrasonic equipment. A category of ISM equipment in which the RF energy is used to excite or drive an electromechanical transducer for the production of sonic or ultrasonic mechanical energy for industrial, scientific, medical or other noncommunication purposes. ( g ) Consumer ISM equipment. A category of ISM equipment used or intended to be used by the general public in a residential environment, notwithstanding use in other areas. Examples are domestic microwave ovens, jewelry cleaners for home use, ultrasonic humidifiers. ( h ) ISM frequency. A frequency assigned by this part for the use of ISM equipment. A specified tolerance is associated with each ISM frequency. See § 18.301 . ( i ) Marketing. As used in this part, marketing shall include sale or lease, offer for sale or lease, advertising for sale or lease, the import or shipment or other distribution for the purpose of sale or lease or offer for sale or lease. See subpart I of part 2 of this chapter . ( j ) Magnetic resonance equipment. A category of ISM equipment in which RF energy is used to create images and data representing spatially resolved density of transient atomic resources within an object. Note: In the foregoing, sale (or lease) shall mean sale (or lease) to the user or a vendor who in turn sells (or leases) to the user. Sale shall not be construed to apply to devices sold to a second party for manufacture or fabrication into a device which is subsequently sold (or leased) to the user. [ 50 FR 36067 , Sept. 5, 1985, as amended at 59 FR 39472 , Aug. 3, 1994] § 18.109 General technical requirements. ISM equipment shall be designed and constructed in accordance with good engineering practice with sufficient shielding and filtering to provide adequate suppression of emissions on frequencies outside the frequency bands specified in § 18.301 . § 18.111 General operating conditions. ( a ) Persons operating ISM equipment shall not be deemed to have any vested or recognizable right to the continued use of any given frequency, by virtue of any prior equipment authorization and/or compliance with the applicable rules. ( b ) Subject to the exceptions in paragraphs (c) and (d) of this section and irrespective of whether the equipment otherwise complies with the rules in this part, the operator of ISM equipment that causes harmful interference to any authorized radio service shall promptly take whatever steps may be necessary to eliminate the interference. ( c ) The provisions of paragraph (b) of this section shall not apply in the case of interference to an authorized radio station or a radiocommunication device operating in an ISM frequency band. ( d ) The provisions of paragraph (b) of this section shall not apply in the case of interference to a receiver arising from direct intermediate frequency pickup by the receiver of the fundamental frequency emissions of ISM equipment operating in an ISM frequency band and otherwise complying with the requirements of this part. § 18.113 Inspection by Commission representatives. Upon request by a representative of the Commission the manufacturer, owner, or operator of any ISM equipment shall make the equipment available for inspection and promptly furnish the Commission with such information as may be required to indicate that the equipment complies with this part. § 18.115 Elimination and investigation of harmful interference. ( a ) The operator of ISM equipment that causes harmful interference to radio services shall promptly take appropriate measures to correct the problem. ( b ) If the operator of ISM equipment is notified by the Commission's Regional Director that operation of such equipment is endangering the functioning of a radionavigation or safety service, the operator shall immediately cease operating the equipment. Operation may be resumed on a temporary basis only for the purpose of eliminating the harmful interference. Operation may be resumed on a regular basis only after the harmful interference has been eliminated and approval from the Regional Director obtained. ( c ) When notified by the Regional Director that a particular installation is causing harmful interference, the operator or manufacturer shall arrange for an engineer skilled in techniques of interference measurement and control to make an investigation to ensure that the harmful interference has been eliminated. The Regional Director may require the engineer making the investigation to furnish proof of his or her qualifications. [ 50 FR 36067 , Sept. 5, 1985, as amended at 80 FR 53750 , Sept. 8, 2015] § 18.117 Report of interference investigation. ( a ) An interim report on investigations and corrective measures taken pursuant to § 18.115 of this part shall be filed with the Regional Director of the local FCC office within 30 days of notification of harmful interference. The final report shall be filed with the Regional Director within 60 days of notification. ( b ) The date for filing the final report may be extended by the Regional Director when additional time is required to put into effect the corrective measures or to complete the investigation. The request for extension of time shall be accompanied by a progress report showing what has been accomplished to date. [ 80 FR 53750 , Sept. 8, 2015] § 18.121 Exemptions. Non-consumer ultrasonic equipment, and non-consumer magnetic resonance equipment, that is used for medical diagnostic and monitoring applications is subject only to the provisions of §§ 18.105 , 18.109 through 18.119 , 18.301 and 18.303 of this part . [ 59 FR 39472 , Aug. 3, 1994; 60 FR 47302 , Sept. 12, 1995] Subpart B—Applications and Authorizations § 18.201 Scope. This subpart contains the procedures and requirements for authorization to market or operate ISM equipment under this part. § 18.203 Equipment authorization. ( a ) Consumer ISM equipment, unless otherwise specified, must be authorized under either the Supplier's Declaration of Conformity or the certification procedure prior to use or marketing. An application for certification shall be filed with a Telecommunication Certification Body (TCB), pursuant to the relevant sections in part 2, subpart J of this chapter . ( b ) Consumer ultrasonic equipment generating less than 500 watts and operating below 90 kHz, and non-consumer ISM equipment shall be subject to Supplier's Declaration of Conformity, in accordance with the relevant sections of part 2, subpart J of this chapter . ( c ) Grants of equipment authorization issued, as well as on-site certifications performed, before March 1, 1986, remain in effect and no further action is required. [ 82 FR 50834 , Nov. 2, 2017] § 18.207 Technical report. When required by the Commission a technical report shall include at least the following information: ( a ) A description of the measurement facilities in accordance with § 2.948 . If such a description is already on file with the Commission, it may be included by reference. ( b ) A copy of the installation and operating instructions furnished to the user. A draft copy of such instructions may be submitted with the application, provided a copy of the actual document to be furnished to the user is submitted as soon as it is available, but no later than 60 days after the grant of the application. ( c ) The full name and mailing address of the manufacturer of the device and/or applicant filing for the equipment authorization. ( d ) The FCC Identifier, trade name(s), and/or model number(s) under which the equipment is or will be marketed. ( e ) A statement of the rated technical parameters that includes: ( 1 ) A block and schematic diagram of the circuitry. ( 2 ) Nominal operating frequency. ( 3 ) Maximum RF energy generated. ( 4 ) Electrical power requirements of equipment. ( 5 ) Any other pertinent operating characteristics. ( f ) A report of measurements, including a list of the measuring equipment used, and a statement of the date when the measuring equipment was last calibrated and when the measurements were made. The frequency range that was investigated in obtaining the report of measurements shall be indicated. See also §§ 18.309 and 18.311 . [ 50 FR 36067 , Sept. 5, 1985, as amended at 63 FR 36603 , July 7, 1998] § 18.209 Identification of authorized equipment. Each device for which a grant of equipment authorization is issued under this part shall be identified pursuant to the applicable provisions of subpart J of part 2 of this chapter . [ 82 FR 50834 , Nov. 2, 2017] § 18.211 Multiple listing of equipment. ( a ) When the same or essentially the same equipment will be marketed under more than one FCC Identifier, equipment authorization must be requested on an FCC Form 731 for each FCC Identifier. ( b ) If equipment authorization for additional FCC Identifiers is requested in the initial application, a statement shall be included describing how these additional devices differ from the basic device which was measured and stating that the report of measurements submitted for the basic device applies also to the additional devices. ( c ) If equipment authorization for additional FCC Identifiers is requested after a grant has been issued by the FCC for the basic device, the application may, in lieu of the report of measurements, be accompanied by a statement including: ( 1 ) FCC Identifier of device for which measurements are on file with the FCC. ( 2 ) Date when equipment authorization was granted for the device(s) listed under paragraph (c)(1) of this section and the file number of such grant. ( 3 ) Description of the difference between the device listed under paragraph (c)(1) of this section and the additional device(s). ( 4 ) A statement that the report of measurements filed for the device listed under paragraph (c)(1) of this section applies also to the additional device(s). ( 5 ) Photographs pursuant to § 2.1033(c) . § 18.212 Compliance information. ( a ) Equipment authorized under Supplier's Declaration of Conformity shall include a compliance statement that contains the information set forth in § 2.1077 of this chapter and a statement identical or similar to the following: “ This device complies with part 18 of the FCC Rules.” ( b ) The compliance information may be placed in the instruction manual, on a separate sheet, on the packaging, or electronically as permitted under § 2.935 of this chapter . There is no specific format for this information. [ 82 FR 50834 , Nov. 2, 2017] § 18.213 Information to the user. Information on the following matters shall be provided to the user in the instruction manual or on the packaging if an instruction manual is not provided for any type of ISM equipment: ( a ) The interference potential of the device or system ( b ) Maintenance of the system ( c ) Simple measures that can be taken by the user to correct interference. ( d ) Manufacturers of RF lighting devices must provide an advisory statement, either on the product packaging or with other user documentation, similar to the following: This product may cause interference to radio equipment and should not be installed near maritime safety communications equipment or other critical navigation or communication equipment operating between 0.45-30 MHz. Variations of this language are permitted provided all the points of the statement are addressed and may be presented in any legible font or text style. [ 50 FR 36069 , Sept. 5, 1985, as amended at 51 FR 17970 , May 16, 1986; 64 FR 37419 , July 12, 1999] Subpart C—Technical Standards § 18.301 Operating frequencies. ISM equipment may be operated on any frequency above 9 kHz except as indicated in § 18.303 . The following frequency bands, in accordance with § 2.106 of the rules, are designated for use by ISM equipment: Table 1 to § 18.301 ISM frequency Tolerance 6.78 MHz ± 15.0 kHz 13.56 MHz ± 7.0 kHz 27.12 MHz ± 163.0 kHz 40.68 MHz ± 20.0 kHz 915 MHz ± 13.0 MHz 2450 MHz ± 50.0 MHz 5800 MHz ± 75.0 MHz 24.125 GHz ± 125.0 MHz 61.25 GHz ± 250.0 MHz 122.50 GHz ± 500.0 MHz 245.00 GHz ± 1.0 GHz [ 85 FR 38740 , June 26, 2020] § 18.303 Prohibited frequency bands. Operation of ISM equipment within the following safety, search and rescue frequency bands is prohibited: 490-510 kHz, 2170-2194 kHz, 8354-8374 kHz, 121.4-121.6 MHz, 156.7-156.9 MHz, and 242.8-243.2 MHz. § 18.305 Field strength limits. ( a ) ISM equipment operating on a frequency specified in § 18.301 is permitted unlimited radiated energy in the band specified for that frequency. ( b ) The field strength levels of emissions which lie outside the bands specified in § 18.301 , unless otherwise indicated, shall not exceed the following: Equipment Operating frequency RF Power generated by equipment (watts) Field strength limit (uV/m) Distance (meters) Any type unless otherwise specified (miscellaneous) Any ISM frequency Below 500 500 or more 25 25 × SQRT(power/500) 300 1 300 Any non-ISM frequency Below 500 500 or more 15 15 × SQRT(power/500) 300 1 300 Industrial heaters and RF stabilized arc welders On or below 5,725 MHz Above 5,725 MHz Any Any 10 ( 2 ) 1,600 ( 2 ) Medical diathermy Any ISM frequency Any non-ISM frequency Any Any 25 15 300 300 Ultrasonic Below 490 kHz Below 500 500 or more 2,400/F(kHz) 2,400/F(kHz) × SQRT(power/500) 300 3 300 490 to 1,600 kHz Above 1,600 kHz Any Any 24,000/F(kHz) 15 30 30 Induction cooking ranges Below 90 kHz On or above 90 kHz Any Any 1,500 300 4 30 4 30 1 Field strength may not exceed 10 μV/m at 1600 meters. Consumer equipment operating below 1000 MHz is not permitted the increase in field strength otherwise permitted here for power over 500 watts. 2 Reduced to the greatest extent possible. 3 Field strength may not exceed 10 μV/m at 1600 meters. Consumer equipment is not permitted the increase in field strength otherwise permitted here for over 500 watts. 4 Induction cooking ranges manufactured prior to February 1, 1980, shall be subject to the field strength limits for miscellaneous ISM equipment. ( c ) The field strength limits for RF lighting devices shall be the following: Frequency (MHz) Field strength limit at 30 meters (μV/m) Non-consumer equipment: 30-88 30 88-216 50 216-1000 70 Consumer equipment: 30-88 10 88-216 15 216-1000 20 Notes 1. The tighter limit shall apply at the boundary between two frequency ranges. 2. Testing for compliance with these limits may be made at closer distances, provided a sufficient number of measurements are taken to plot the radiation pattern, to determine the major lobes of radiation, and to determine the expected field strength level at 30, 300, or 1600 meters. Alternatively, if measurements are made at only one closer fixed distance, then the permissible field strength limits shall be adjusted using 1/d as an attenuation factor. [ 50 FR 36070 , Sept. 5, 1985, as amended at 51 FR 17970 , May 16, 1986; 52 FR 43197 , Nov. 10, 1987] § 18.307 Conduction limits. For the following equipment, when designed to be connected to the public utility (AC) power line the radio frequency voltage that is conducted back onto the AC power line on any frequency or frequencies shall not exceed the limits in the following tables. Compliance with the provisions of this paragraph shall be based on the measurement of the radio frequency voltage between each power line and ground at the power terminal using a 50 μH/50 ohms line impedance stabilization network (LISN). ( a ) All Induction cooking ranges and ultrasonic equipment: Frequency of emission (MHz) Conducted limit (dBμV) Quasi-peak Average 0.009-0.05 110 — 0.05-0.15 90-80 * — 0.15-0.5 66 to 56 * 56 to 46 * 0.5-5 56 46 5-30 60 50 * Decreases with the logarithm of the frequency. ( b ) All other part 18 consumer devices: Frequency of emission (MHz) Conducted limit (dBμV) Quasi-peak Average 0.15-0.5 66 to 56 * 56 to 46 * 0.5-5 56 46 5-30 60 50 * Decreases with the logarithm of the frequency. ( c ) RF lighting devices: Frequency (MHz) Maximum RF line voltage measured with a 50 uH/50 ohm LISN (uV) Non-consumer equipment: 0.45 to 1.6 1,000 1.6 to 30 3,000 Consumer equipment: 0.45 to 2.51 250 2.51 to 3.0 3,000 3.0 to 30 250 ( d ) If testing with a quasi-peak detector demonstrates that the equipment complies with the average limits specified in the appropriate table in this section, additional testing to demonstrate compliance using an average detector is not required. ( e ) These conduction limits shall apply only outside of the frequency bands specified in § 18.301 . ( f ) For ultrasonic equipment, compliance with the conducted limits shall preclude the need to show compliance with the field strength limits below 30 MHz unless requested by the Commission. ( g ) The tighter limits shall apply at the boundary between two frequency ranges. [ 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] § 18.309 Frequency range of measurements. ( a ) For field strength measurements: Frequency band in which device operates (MHz) Range of frequency measurements Lowest frequency Highest frequency Below 1.705 Lowest frequency generated in the device, but not lower than 9 kHz 30 MHz. 1.705 to 30 Lowest frequency generated in the device, but not lower than 9 kHz 400 MHz. 30 to 500 Lowest frequency generated in the device or 25 MHz, whichever is lower Tenth harmonic or 1,000 MHz, whichever is higher. 500 to 1,000 Lowest frequency generated in the device or 100 MHz, whichever is lower Tenth harmonic. Above 1,000 ......do Tenth harmonic or highest detectable emission. ( b ) For conducted powerline measurements, the frequency range over which the limits are specified will be scanned. [ 50 FR 36070 , Sept. 5, 1985, as amended at 51 FR 17971 , May 16, 1986] § 18.311 Methods of measurement. The measurement techniques used to determine compliance with the technical requirements of this part are set out in FCC MP-5, “FCC Methods of Measurements of Radio Noise Emissions from Industrial, Scientific, and Medical equipment,” or compliance measurements made in accordance with the specific procedures otherwise authorized by the Commission. [ 82 FR 50835 , Nov. 2, 2017] § 18.313 Radio frequency exposure requirements. Radio frequency devices operating under the provisions of this part are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. [ 85 FR 18150 , Apr. 1, 2020]"}}},{"rowIdx":54,"cells":{"file_name":{"kind":"string","value":"title-47_8.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"Part 8—SAFEGUARDING AND SECURING THE OPEN INTERNET Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024. Authority: 47 U.S.C. 151 , 152 , 153 , 154 , 163 , 201 , 202 , 206 , 207 , 208 , 209 , 216 , 217 , 257 , 301 , 302a , 303 , 304 , 307 , 309 , 312 , 316 , 332 , 403 , 501 , 503 , 522 , 1302 , 1753 . Source: 76 FR 59232 , Sept. 23, 2011, unless otherwise noted. § 8.1 Definitions. Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024. ( a ) [Reserved] ( b ) Broadband Internet access service. A mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. This term also encompasses any service that the Commission finds to be providing a functional equivalent of the service described in the previous sentence or that is used to evade the protections set forth in this part. ( c ) Edge provider. Any individual or entity that provides any content, application, or service over the internet, and any individual or entity that provides a device used for accessing any content, application, or service over the internet. ( d ) End user. Any individual or entity that uses a broadband internet access service. ( e ) Reasonable network management. A network management practice is a practice that has a primarily technical network management justification, but does not include other business practices. A network management practice is reasonable if it is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband internet access service. [ 89 FR 45554 , May 22, 2024] § 8.2 Transparency. Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024. Cross Reference Link to an amendment published at 89 FR 45554 , May 22, 2024. ( a ) Any person providing broadband internet access service shall publicly disclose accurate information regarding the network management practices, performance characteristics, and commercial terms of its broadband internet access services sufficient to enable consumers to make informed choices regarding the purchase and use of such services and entrepreneurs and other small businesses to develop, market, and maintain internet offerings. Such disclosure shall be made via a publicly available, easily accessible website or through transmittal to the Commission. ( 1 ) Any person providing broadband internet access service shall create and display an accurate broadband consumer label for each stand-alone broadband internet access service it currently offers for purchase. The label must be prominently displayed, publicly available, and easily accessible to consumers, including consumers with disabilities, at the point of sale with the content and in the format prescribed by the Commission in “[Fixed or Mobile] Broadband Consumer Disclosure,” in figure 1 to this paragraph (a)(1) . Figure 1 to Paragraph (a)(1)—[Fixed or Mobile] Broadband Consumer Disclosure Label ( 2 ) Broadband internet access service providers shall display the label required under paragraph (a)(1) of this section at each point of sale. Point of sale is defined to mean a provider's website and any alternate sales channels through which the provider's broadband internet access service is sold, including a provider-owned retail location, third-party retail location, and over the phone. For labels displayed on provider websites, the label must be displayed in close proximity to the associated advertised service plan. Point of sale also means the time a consumer begins investigating and comparing broadband service offerings available to them at their location. For alternate sales channels, providers must document each instance when it directs a consumer to a label and retain such documentation for two years. This requirement will be deemed satisfied if, instead, the provider: establishes the business practices and processes it will follow in distributing the label through alternative sales channels; retains training materials and related business practice documentation for two years; and provides such information to the Commission upon request, within thirty days. Point of sale for purposes of the E-Rate and Rural Health Care programs is defined as the time a service provider submits its bid to a program participant. Providers participating in the E-Rate and Rural Health Care programs must provide their labels to program participants when they submit their bids to participants. Broadband internet access service providers that offer online account portals to their customers shall also make each customer's label easily accessible to the customer in such portals. ( 3 ) The content of the label required under paragraph (a)(1) of this section must be displayed on the broadband internet access service provider's website in a machine-readable format. Broadband internet access service providers must provide the information in any label separately in a spreadsheet file format on their websites via a dedicated uniform resource locator (URL) that contains all of their labels. Providers must publicize the URL with the label data in the transparency disclosures required under this paragraph (a) . ( 4 ) The label required under paragraph (a)(1) of this section must be provided in English and in any other languages in which the broadband internet access service provider markets its services in the United States. ( 5 ) Broadband internet access service providers shall maintain an archive of all labels required under paragraph (a)(1) of this section for a period of no less than two years from the time the service plan reflected in the label is no longer available for purchase by a new subscriber and the provider has removed the label from its website or alternate sales channels. Providers must provide any archived label to the Commission, upon request, within thirty days. Providers must provide an archived label, upon request and within thirty days, to an existing customer whose service plan is associated with the particular label. A provider is not required to display a label once the associated service plan is no longer offered to new subscribers. ( 6 ) Broadband consumer label requirements and the transparency rule in paragraph (a) of this section are subject to enforcement using the same processes and procedures. The label required under paragraph (a)(1) of this section is not a safe harbor from the transparency rule or any other requirements established by the Commission. ( 7 ) Compliance with paragraphs (a)(1) , (2) , and (4) through (6) of this section for providers with 100,000 or fewer subscriber lines is required as of October 10, 2024, and for all other providers is required as of April 10, 2024, except that compliance with the requirement in paragraph (a)(2) of this section to make labels accessible in online account portals will not be required for all providers until October 10, 2024. Compliance with paragraph (a)(3) of this section is required for all providers as of October 10, 2024. ( b ) Broadband internet access service is a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. This term also encompasses any service that the Commission finds to be providing a functional equivalent of the service described in the previous sentence or that is used to evade the protections set forth in this part. For purposes of paragraphs (a)(1) through (6) of this section, “mass-market” services exclude service offerings customized for the customer through individually negotiated agreements even when the services are supported by federal universal service support. [ 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; 88 FR 73535 , Oct. 26, 2023. Redesignated and amended at 89 FR 45554 , May 22, 2024] § 8.3 Conduct-based rules. Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024. ( a ) No blocking. A person engaged in the provision of broadband internet access service, insofar as such person is so engaged, shall not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. ( b ) No throttling. A person engaged in the provision of broadband internet access service, insofar as such person is so engaged, shall not impair or degrade lawful internet traffic on the basis of internet content, application, or service, or use of a non-harmful device, subject to reasonable network management. ( c ) No paid prioritization. ( 1 ) A person engaged in the provision of broadband internet access service, insofar as such person is so engaged, shall not engage in paid prioritization. “Paid prioritization” refers to the management of a broadband provider's network to directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either: ( i ) In exchange for consideration (monetary or otherwise) from a third party; or ( ii ) To benefit an affiliated entity. ( 2 ) The Commission may waive the ban on paid prioritization only if the petitioner demonstrates that the practice would provide some significant public interest benefit and would not harm the open nature of the internet. ( d ) No unreasonable interference or unreasonable disadvantage standard for internet conduct. ( 1 ) Any person engaged in the provision of broadband internet access service, insofar as such person is so engaged, shall not unreasonably interfere with or unreasonably disadvantage: ( i ) End users' ability to select, access, and use broadband internet access service or the lawful internet content, applications, services, or devices of their choice; or ( ii ) Edge providers' ability to make lawful content, applications, services, or devices available to end users. ( 2 ) Reasonable network management shall not be considered a violation of this paragraph (d) . ( e ) Effect on other obligations or authorizations. Nothing in this part supersedes any obligation or authorization a provider of broadband internet access service may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or limits the provider's ability to do so. Nothing in this part prohibits reasonable efforts by a provider of broadband internet access service to address copyright infringement or other unlawful activity. [ 89 FR 45554 , May 22, 2024] § 8.6 Advisory opinions. Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024. ( a ) Procedures. ( 1 ) Any entity that is subject to the Commission's open internet rules in this part may request an advisory opinion from the Enforcement Bureau regarding the permissibility of its proposed policies and practices relating to broadband internet access service. Requests for advisory opinions may be filed via the Commission's website or with the Office of the Secretary and must be copied to the Chief of the Enforcement Bureau and the Chief of the Investigations and Hearings Division of the Enforcement Bureau. ( 2 ) The Enforcement Bureau may, in its discretion, determine whether to issue an advisory opinion in response to a particular request or group of requests and will inform each requesting entity, in writing, whether the Bureau plans to issue an advisory opinion regarding the matter in question. ( 3 ) Requests for advisory opinions must relate to a proposed policy or practice that the requesting party intends to pursue. The Enforcement Bureau will not respond to requests for opinions that relate to ongoing or prior conduct, and the Bureau may initiate an enforcement investigation to determine whether such conduct violates the open internet rules in this part. Additionally, the Bureau will not respond to requests if the same or substantially the same conduct is the subject of a current Government investigation or proceeding, including any ongoing litigation or open rulemaking at the Commission. ( 4 ) Requests for advisory opinions must be accompanied by all material information sufficient for Enforcement Bureau staff to make a determination on the policy or practice for which review is requested. Requesters must certify that factual representations made to the Bureau are truthful and accurate, and that they have not intentionally omitted any information from the request. A request for an advisory opinion that is submitted by a business entity or an organization must be executed by an individual who is authorized to act on behalf of that entity or organization. ( 5 ) Enforcement Bureau staff will have discretion to ask parties requesting advisory opinions, as well as other parties that may have information relevant to the request or that may be impacted by the proposed conduct, for additional information that the staff deems necessary to respond to the request. Such additional information, if furnished orally or during an in-person conference with Bureau staff, shall be promptly confirmed in writing. Parties are not obligated to respond to staff inquiries related to advisory opinions. If a requesting party fails to respond to a staff inquiry, then the Bureau may dismiss that party's request for an advisory opinion. If a party voluntarily responds to a staff inquiry for additional information, then it must do so by a deadline to be specified by Bureau staff. Advisory opinions will expressly state that they rely on the representations made by the requesting party, and that they are premised on the specific facts and representations in the request and any supplemental submissions. ( b ) Response. After review of a request submitted under this section, the Enforcement Bureau will: ( 1 ) Issue an advisory opinion that will state the Bureau's present enforcement intention with respect to whether or not the proposed policy or practice detailed in the request complies with the Commission's open internet rules in this part; ( 2 ) Issue a written statement declining to respond to the request; or ( 3 ) Take such other position or action as it considers appropriate. An advisory opinion states only the enforcement intention of the Enforcement Bureau as of the date of the opinion, and it is not binding on any party. Advisory opinions will be issued without prejudice to the Enforcement Bureau or the Commission to reconsider the questions involved, or to rescind or revoke the opinion. Advisory opinions will not be subject to appeal or further review. ( c ) Enforcement effect. The Enforcement Bureau will have discretion to indicate the Bureau's lack of enforcement intent in an advisory opinion based on the facts, representations, and warranties made by the requesting party. The requesting party may rely on the opinion only to the extent that the request fully and accurately contains all the material facts and representations necessary to issuance of the opinion and the situation conforms to the situation described in the request for opinion. The Bureau will not bring an enforcement action against a requesting party with respect to any action taken in good faith reliance upon an advisory opinion if all of the relevant facts were fully, completely, and accurately presented to the Bureau, and where such action was promptly discontinued upon notification of rescission or revocation of the Commission's or Bureau's approval. ( d ) Public disclosure. The Enforcement Bureau will make advisory opinions available to the public on the Commission's website. The Bureau will also publish the initial request for guidance and any associated materials. Parties soliciting advisory opinions may request confidential treatment of information submitted in connection with a request for an advisory opinion pursuant to § 0.459 of this chapter . ( e ) Withdrawal of request. Any requesting party may withdraw a request for review at any time prior to receipt of notice that the Enforcement Bureau intends to issue an adverse opinion, or the issuance of an opinion. The Enforcement Bureau remains free, however, to submit comments to such requesting party as it deems appropriate. Failure to take action after receipt of documents or information, whether submitted pursuant to this procedure or otherwise, does not in any way limit or stop the Bureau from taking such action at such time thereafter as it deems appropriate. The Bureau reserves the right to retain documents submitted to it under this procedure or otherwise and to use them for all governmental purposes. [ 89 FR 45554 , May 22, 2024] Subpart B—XXX Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024."}}},{"rowIdx":55,"cells":{"file_name":{"kind":"string","value":"title-47_54.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 54—UNIVERSAL SERVICE Authority: 47 U.S.C. 151 , 154(i) , 155 , 201 , 205 , 214 , 219 , 220 , 229 , 254 , 303(r) , 403 , 1004 , 1302 , 1601-1609 , and 1752 , unless otherwise noted. Source: 62 FR 32948 , June 17, 1997, unless otherwise noted. Subpart A—General Information § 54.1 Basis and purpose. ( a ) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended. ( b ) Purpose. The purpose of these rules is to implement section 254 of the Communications Act of 1934, as amended, 47 USC 254 . § 54.5 Terms and definitions. Terms used in this part have the following meanings: Act. The term “Act” refers to the Communications Act of 1934, as amended. Administrator. The term “Administrator” or “USAC” shall refer to the Universal Service Administrative Company that is an independent subsidiary of the National Exchange Carrier Association, Inc., and that has been appointed the permanent Administrator of the federal universal service support mechanisms. Community anchor institutions. For the purpose of high-cost support, “community anchor institutions” refers to schools, libraries, health care providers, community colleges, other institutions of higher education, and other community support organizations and entities. Competitive eligible telecommunications carrier. A “competitive eligible telecommunications carrier” is a carrier that meets the definition of an “eligible telecommunications carrier” below and does not meet the definition of an “incumbent local exchange carrier” in § 51.5 of this chapter . Contributor. The term “contributor” shall refer to an entity required to contribute to the universal service support mechanisms pursuant to § 54.706 . Eligible telecommunications carrier. “Eligible telecommunications carrier” means a carrier designated as such under subpart C of this part . High-cost support. “High-cost support” refers to those support mechanisms provided pursuant to subparts D , J , K , L , M , and O of this part . Incumbent local exchange carrier. “Incumbent local exchange carrier” or “ILEC” has the same meaning as that term is defined in § 51.5 of this chapter . Information service. “Information service” is the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. Interconnected VoIP Provider. An “interconnected VoIP provider” is an entity that provides interconnected VoIP service, as that term is defined in section 9.3 of these rules. Internet access. “Internet access” includes the following elements: ( 1 ) The transmission of information as common carriage; and ( 2 ) The transmission of information as part of a gateway to an information service, when that transmission does not involve the generation or alteration of the content of information, but may include data transmission, address translation, protocol conversion, billing management, introductory information content, and navigational systems that enable users to access information services, and that do not affect the presentation of such information to users. Interstate telecommunication. “Interstate telecommunication” is a communication or transmission: ( 1 ) From any State, Territory, or possession of the United States (other than the Canal zone), or the District of Columbia, to any other State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, ( 2 ) From or to the United States to or from the Canal Zone, insofar as such communication or transmission takes place within the United States, or ( 3 ) Between points within the United States but through a foreign country. Interstate transmission. “Interstate transmission” is the same as interstate telecommunication. Intrastate telecommunication. “Intrastate telecommunication” is a communication or transmission from within any State, Territory, or possession of the United States, or the District of Columbia to a location within that same State, Territory, or possession of the United States, or the District of Columbia. Intrastate transmission. “Intrastate transmission” is the same as intrastate telecommunication. LAN. “LAN” is a local area network, which is a set of high-speed links connecting devices, generally computers, on a single shared medium, usually on the user's premises. Mobile competitive eligible telecommunications carrier. A “mobile competitive eligible telecommunications carrier” is a carrier that meets the definition of a “competitive eligible telecommunications carrier” in this section and that provides a terrestrial-based service meeting the definition of “commercial mobile radio service” in § 51.5 of this chapter . Qualifying competitor. A “qualifying competitor” is a facilities-based terrestrial provider of residential fixed voice and broadband service access meeting or exceeding 3 Mbps downstream and 768 kbps upstream. Rate-of-return carrier. “Rate-of-return carrier” shall refer to any incumbent local exchange carrier not subject to price cap regulation as that term is defined in § 61.3(ee) of this chapter . Rural incumbent local exchange carrier. “Rural incumbent local exchange carrier” is a carrier that meets the definitions of “rural telephone company” and “incumbent local exchange carrier,” as those terms are defined in § 51.5 of this chapter . Rural telephone company. “Rural telephone company” has the same meaning as that term is defined in § 51.5 of this chapter . State commission. The term “state commission” means the commission, board or official (by whatever name designated) that, under the laws of any state, has regulatory jurisdiction with respect to intrastate operations of carriers. Technically feasible. “Technically feasible” means capable of accomplishment as evidenced by prior success under similar circumstances. For example, preexisting access at a particular point evidences the technical feasibility of access at substantially similar points. A determination of technical feasibility does not consider economic, accounting, billing, space or site except that space and site may be considered if there is no possibility of expanding available space. Telecommunications. “Telecommunications” is the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. Telecommunications carrier. A “telecommunications carrier” is any provider of telecommunications services, except that such term does not include aggregators of telecommunications services as defined in section 226 of the Act. A telecommunications carrier shall be treated as a common carrier under the Act only to the extent that it is engaged in providing telecommunications services, except that the Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage. This definition includes cellular mobile radio service (CMRS) providers, interexchange carriers (IXCs) and, to the extent they are acting as telecommunications carriers, companies that provide both telecommunications and information services. Private mobile radio service (PMRS) providers are telecommunications carriers to the extent they provide domestic or international telecommunications for a fee directly to the public. Telecommunications channel. “Telecommunications channel” means a telephone line, or, in the case of wireless communications, a transmittal line or cell site. Telecommunications service. “Telecommunications service” is the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Tribal lands. For the purposes of high-cost support, “Tribal lands” include any federally recognized Indian tribe's reservation, pueblo or colony, including former reservations in Oklahoma, Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) and Indian Allotments, see § 54.400(e) , as well as Hawaiian Home Lands—areas held in trust for native Hawaiians by the state of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920, July 9, 1921, 42 Stat 108, et seq., as amended, and any land designated as such by the Commission. Unsubsidized competitor. An “unsubsidized competitor” is a facilities-based provider of residential fixed voice and broadband service that does not receive high-cost support. Website. The term “website” shall refer to any websites operated by the Administrator in connection with the schools and libraries support mechanism, the rural health care support mechanism, the high cost mechanism, and the low income mechanism. Wire center. A wire center is the location of a local switching facility containing one or more central offices, as defined in the Appendix to part 36 of this chapter . The wire center boundaries define the area in which all customers served by a given wire center are located. [ 62 FR 32948 , June 17, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 54.5 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 54.7 Intended use of federal universal service support. ( a ) A carrier that receives federal universal service support shall use that support only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. ( b ) The use of federal universal service support that is authorized by paragraph (a) of this section shall include investments in plant that can, either as built or with the addition of plant elements, when available, provide access to advanced telecommunications and information services. ( c ) For those eligible telecommunications carriers as defined in § 54.5 receiving universal service support pursuant to subparts K and M of this part , ineligible expenses include but are not limited to the following: ( 1 ) Personal expenses of employees, executives, board members, and contractors, and family members thereof, or any other individuals affiliated with the eligible telecommunications carrier, including but not limited to personal expenses for housing, such as rent or mortgages, vehicles for personal use and personal travel, including transportation, lodging and meals; ( 2 ) Gifts to employees; childcare; housing allowances or other forms of mortgage or rent assistance for employees except that a reasonable amount of assistance shall be allowed for work-related temporary or seasonal lodging; cafeterias and dining facilities; food and beverage except that a reasonable amount shall be allowed for work-related travel; entertainment; ( 3 ) Expenses associated with: Tangible property not logically related or necessary to the offering of voice or broadband services; corporate aircraft, watercraft, and other motor vehicles designed for off-road use except insofar as necessary or reasonable to access portions of the study area not readily accessible by motor vehicles travelling on roads; tangible property used for entertainment purposes; consumer electronics used for personal use; kitchen appliances except as part of work-related temporary or seasonal lodging assistance; artwork and other objects which possess aesthetic value; ( 4 ) Political contributions; charitable donations; scholarships; membership fees and dues in clubs and organizations; sponsorships of conferences or community events; nonproduct-related corporate image advertising; and ( 5 ) Penalties or fines for statutory or regulatory violations; penalties or fees for any late payments on debt, loans, or other payments. [ 76 FR 73869 , Nov. 29, 2011, as amended at 83 FR 18964 , May 1, 2018] § 54.8 Prohibition on participation: suspension and debarment. ( a ) Definitions — ( 1 ) Activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism. Such matters include the receipt of funds or discounted services through one or more of these support mechanisms, or consulting with, assisting, or advising applicants or service providers regarding one or more of these support mechanisms. ( 2 ) Civil liability. The disposition of a civil action by any court of competent jurisdiction, whether entered by verdict, decision, settlement with admission of liability, stipulation, or otherwise creating a civil liability for the wrongful acts complained of, or a final determination of liability under the Program Fraud Civil Remedies Act of 1988 ( 31 U.S.C. 3801-12 ). ( 3 ) Consultant. A person that for consideration advises or consults a person regarding the schools and libraries support mechanism, but who is not employed by the person receiving the advice or consultation. ( 4 ) Conviction. A judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered by verdict or a plea, including a plea of nolo contendere. ( 5 ) Debarment. Any action taken by the Commission in accordance with these regulations to exclude a person from activities associated with or relating to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism. A person so excluded is “debarred.” ( 6 ) Person. Any individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized. ( 7 ) Suspension. An action taken by the Commission in accordance with these regulations that immediately excludes a person from activities associated with or relating to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism for a temporary period, pending completion of the debarment proceedings. A person so excluded is “suspended.” ( b ) Suspension and debarment in general. The Commission shall suspend and debar a person for any of the causes in paragraph (c) of this section using procedures established in this section, absent extraordinary circumstances. ( c ) Causes for suspension and debarment. Causes for suspension and debarment are conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising out of activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism. ( d ) Effect of suspension and debarment. Unless otherwise ordered, any persons suspended or debarred shall be excluded from activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism. Suspension and debarment of a person other than an individual constitutes suspension and debarment of all divisions and/or other organizational elements from participation in the program for the suspension and debarment period, unless the notice of suspension and proposed debarment is limited by its terms to one or more specifically identified individuals, divisions, or other organizational elements or to specific types of transactions. ( e ) Procedures for suspension and debarment. The suspension and debarment process shall proceed as follows: ( 1 ) Upon evidence that there exists cause for suspension and debarment, the Commission shall provide prompt notice of suspension and proposed debarment to the person. Suspension shall be effective upon the earlier of receipt of notification or publication in the Federal Register. ( 2 ) The notice shall: ( i ) Give the reasons for the proposed debarment in terms sufficient to put a person on notice of the conduct or transaction(s) upon which it is based and the cause relied upon, namely, the entry of a criminal conviction or civil judgment arising out of activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism; ( ii ) Explain the applicable debarment procedures; ( iii ) Describe the effect of debarment. ( 3 ) A person subject to proposed debarment, or who has an existing contract with a person subject to proposed debarment or intends to contract with such a person to provide or receive services in matters arising out of activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism may contest debarment or the scope of the proposed debarment. A person contesting debarment or the scope of proposed debarment must file arguments and any relevant documentation within thirty (30) calendar days of receipt of notice or publication in the Federal Register, whichever is earlier. ( 4 ) A person subject to proposed debarment, or who has an existing contract with a person subject to proposed debarment or intends to contract with such a person to provide or receive services in matters arising out of activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism may also contest suspension or the scope of suspension, but such action will not ordinarily be granted. A person contesting suspension or the scope of suspension must file arguments and any relevant documentation within thirty (30) calendar days of receipt of notice or publication in the Federal Register, whichever is earlier. ( 5 ) Within ninety (90) days of receipt of any information submitted by the respondent, the Commission, in the absence of extraordinary circumstances, shall provide the respondent prompt notice of the decision to debar. Debarment shall be effective upon the earlier of receipt of notice or publication in the Federal Register. ( f ) Reversal or limitation of suspension or debarment. The Commission may reverse a suspension or debarment, or limit the scope or period of suspension or debarment, upon a finding of extraordinary circumstances, after due consideration following the filing of a petition by an interested party or upon motion by the Commission. Reversal of the conviction or civil judgment upon which the suspension and debarment was based is an example of extraordinary circumstances. ( g ) Time period for debarment. A debarred person shall be prohibited from involvement with the schools and libraries support mechanism for three (3) years from the date of debarment. The Commission may, if necessary to protect the public interest, set a longer period of debarment or extend the existing period of debarment. If multiple convictions or judgments have been rendered, the Commission shall determine based on the facts before it whether debarments shall run concurrently or consecutively. [ 68 FR 36943 , June 20, 2003. Redesignated and amended at 72 FR 54218 , Sept. 24, 2007] § 54.9 Prohibition on use of funds. ( a ) USF support restriction No universal service support may be used to purchase, obtain, maintain, improve, modify, or otherwise support any equipment or services produced or provided by any company posing a national security threat to the integrity of communications networks or the communications supply chain. ( b ) Designation of Entities Subject to Prohibition. ( 1 ) When the Public Safety and Homeland Security Bureau (PSHSB) determines, either sua sponte or in response to a petition from an outside party, that a company poses a national security threat to the integrity of communications networks or the communications supply chain, PSHSB shall issue a public notice advising that such designation has been proposed as well as the basis for such designation. ( 2 ) Upon issuance of such notice, interested parties may file comments responding to the initial designation, including proffering an opposition to the initial designation. If the initial designation is unopposed, the entity shall be deemed to pose a national security threat 31 days after the issuance of the notice. If any party opposes the initial designation, the designation shall take effect only if PSHSB determines that the affected entity should nevertheless be designated as a national security threat to the integrity of communications networks or the communications supply chain. In either case, PSHSB shall issue a second public notice announcing its final designation and the effective date of its final designation. PSHSB shall make a final designation no later than 120 days after release of its initial determination notice. PSHSB may, however, extend such 120-day deadline for good cause. ( 3 ) PSHSB will act to reverse its designation upon a finding that an entity is no longer a threat to the integrity of communications networks or the communications supply chain. A designated company, or any other interested party, may submit a petition asking PSHSB to remove a designation. PSHSB shall seek the input of Executive Branch agencies and the public upon receipt of such a petition. If the record shows that a designated company is no longer a national security threat, PSHSB shall promptly issue an order reversing its designation of that company. PSHSB may dismiss repetitive or frivolous petitions for reversal of a designation without notice and comment. If PSHSB reverses its designation, PSHSB shall issue an order announcing its decision along with the basis for its decision. ( 4 ) PSHSB shall have discretion to revise this process or follow a different process if appropriate to the circumstances, consistent with providing affected parties an opportunity to respond and with any need to act expeditiously in individual cases. [ 85 FR 249 , Jan. 3, 2020] § 54.10 Prohibition on use of certain Federal subsidies. ( a ) A Federal subsidy made available through a program administered by the Commission that provides funds to be used for the capital expenditures necessary for the provision of advanced communications service may not be used to: ( 1 ) Purchase, rent, lease, or otherwise obtain any covered communications equipment or service; or ( 2 ) Maintain any covered communications equipment or service previously purchased, rented, leased, or otherwise obtained. ( b ) The term “covered communications equipment or service” is defined in § 1.50001 of this chapter . ( c ) The prohibition in paragraph (a) of this section applies to any covered communications equipment or service beginning on the date that is 60 days after the date on which such equipment or service is placed on a published list pursuant to § 1.50003 of this chapter . In the case of any covered communications equipment or service that is on the initial list published pursuant to § 1.50002 of this chapter , such equipment or service shall be treated as being placed on the list on the date which such list is published. [ 86 FR 2946 , Jan. 13, 2021] § 54.11 Requirement to remove and replace. ( a ) Each Eligible Telecommunications Carrier receiving Universal Service Fund support must certify prior to receiving a funding commitment or support that it does not use covered communications equipment or services. ( b ) For the purposes of this section, covered communications equipment or services means any communications equipment or service that is on the Covered List maintained pursuant to § 1.50002 of this chapter , and: ( 1 ) As defined in the Report and Order of the Commission in the matter of Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs (FCC 19-121; WC Docket No. 18-89; adopted November 22, 2019 (in this section referred to as the 'Report and Order'); or ( 2 ) as determined to be covered by both the process of the Report and Order and the Designation Orders of the Commission on June 30, 2020 (DA 20-690; PS Docket No. 19-351; adopted June 30, 2020) (DA 20-691; PS Docket No. 19-352; adopted June 30, 2020) (in this section collectively referred to as the 'Designation Orders'). ( c ) The certification referenced in paragraph (a) of this section is required starting one year after the date the Commission releases a Public Notice announcing that applications are accepted for filing in the corresponding filing window of the Reimbursement Program per § 1.50004(b) for the removal, replacement, and disposal of associated covered communications equipment and services. ( d ) Reimbursement Program recipients, as defined in § 1.50001(h) of this chapter , are not subject to paragraph (a) of this section until after the expiration of their corresponding removal, replacement, and disposal term per § 1.50004(h) of this chapter for associated covered communications equipment and services. [ 86 FR 2946 , Jan. 13, 2021, as amended at 86 FR 47022 , Aug. 23, 2021] Subpart B—Services Designated for Support § 54.101 Supported services for rural, insular, and high cost areas. ( a ) Voice telephony services shall be supported by Federal universal service support mechanisms. Eligible voice telephony services must provide voice grade access to the public switched network or its functional equivalent; minutes of use for local service provided at no additional charge to end users; access to the emergency services provided by local government or other public safety organizations, such as 911 and enhanced 911, to the extent the local government in an eligible carrier's service area has implemented 911 or enhanced 911 systems; and toll limitation services to qualifying low-income consumers as provided in subpart E of this part . ( b ) An eligible telecommunications carrier eligible to receive high-cost support must offer voice telephony service as set forth in paragraph (a) of this section in order to receive Federal universal service support. ( c ) An eligible telecommunications carrier (ETC) subject to a high-cost public interest obligation to offer broadband internet access services and not receiving Phase I frozen high-cost support must offer broadband services within the areas where it receives high-cost support consistent with the obligations set forth in this subpart and subparts D , K , L , and M of this part . ( d ) Any ETC must comply with subpart E of this part . [ 86 FR 1021 , Jan. 7, 2021] Subpart C—Carriers Eligible for Universal Service Support § 54.201 Definition of eligible telecommunications carriers, generally. ( a ) Carriers eligible to receive support. ( 1 ) Only eligible telecommunications carriers designated under this subpart shall receive universal service support distributed pursuant to subparts D and E of this part . Eligible telecommunications carriers designated under this subpart for purposes of receiving support only under subpart E of this part must provide Lifeline service directly to qualifying low-income consumers. ( 2 ) [Reserved] ( 3 ) This paragraph does not apply to offset or reimbursement support distributed pursuant to subpart G of this part . ( 4 ) This paragraph does not apply to support distributed pursuant to subpart F of this part . ( b ) A state commission shall upon its own motion or upon request designate a common carrier that meets the requirements of paragraph (d) of this section as an eligible telecommunications carrier for a service area designated by the state commission. ( c ) Upon request and consistent with the public interest, convenience, and necessity, the state commission may, in the case of an area served by a rural telephone company, and shall, in the case of all other areas, designate more than one common carrier as an eligible telecommunications carrier for a service area designated by the state commission, so long as each additional requesting carrier meets the requirements of paragraph (d) of this section. Before designating an additional eligible telecommunications carrier for an area served by a rural telephone company, the state commission shall find that the designation is in the public interest. ( d ) A common carrier designated as an eligible telecommunications carrier under this section shall be eligible to receive universal service support in accordance with section 254 of the Act and, except as described in paragraph (d)(3) of this section, shall throughout the service area for which the designation is received: ( 1 ) Offer the services that are supported by federal universal service support mechanisms under subpart B of this part and section 254(c) of the Act, either using its own facilities or a combination of its own facilities and resale of another carrier's services (including the services offered by another eligible telecommunications carrier); and ( 2 ) Advertise the availability of such services and the charges therefore using media of general distribution. ( 3 ) Exception. Price cap carriers that serve census blocks that are identified by the forward-looking cost model as low-cost, census blocks that are served by an unsubsidized competitor as defined in § 54.5 meeting the requisite public interest obligations specified in § 54.309 , or census blocks where a subsidized competitor is receiving federal high-cost support to deploy modern networks capable of providing voice and broadband to fixed locations, are not required to comply with paragraphs (d)(1) and (2) of this section in these specific geographic areas. Such price cap carriers remain obligated to maintain existing voice telephony service in these specific geographic areas unless and until a discontinuance is granted pursuant to § 63.71 of this chapter . ( e ) For the purposes of this section, the term facilities means any physical components of the telecommunications network that are used in the transmission or routing of the services that are designated for support pursuant to subpart B of this part . ( f ) For the purposes of this section, the term “own facilities” includes, but is not limited to, facilities obtained as unbundled network elements pursuant to part 51 of this chapter , provided that such facilities meet the definition of the term “facilities” under this subpart. ( g ) A state commission shall not require a common carrier, in order to satisfy the requirements of paragraph (d)(1) of this section, to use facilities that are located within the relevant service area, as long as the carrier uses facilities to provide the services designated for support pursuant to subpart B of this part within the service area. ( h ) A state commission shall not designate a common carrier as an eligible telecommunications carrier for purposes of receiving support only under subpart E of this part unless the carrier seeking such designation has demonstrated that it is financially and technically capable of providing the supported Lifeline service in compliance with subpart E of this part . ( i ) A state commission shall not designate as an eligible telecommunications carrier a telecommunications carrier that offers the services supported by federal universal service support mechanisms exclusively through the resale of another carrier's services. [ 62 FR 32948 , June 17, 1997, as amended at 63 FR 2125 , Jan. 13, 1998; 64 FR 62123 , Nov. 16, 1999; 71 FR 65750 , Nov. 9, 2006; 77 FR 12966 , Mar. 2, 2012; 80 FR 4476 , Jan. 27, 2015; 80 FR 40935 , July 14, 2015; 81 FR 33089 , May 24, 2016; 84 FR 71327 , Dec. 27, 2019] § 54.202 Additional requirements for Commission designation of eligible telecommunications carriers. ( a ) In order to be designated an eligible telecommunications carrier under section 214(e)(6), any common carrier in its application must: ( 1 ) ( i ) Certify that it will comply with the service requirements applicable to the support that it receives. ( ii ) Submit a five-year plan that describes with specificity proposed improvements or upgrades to the applicant's network throughout its proposed service area. Each applicant shall estimate the area and population that will be served as a result of the improvements. Except, a common carrier seeking designation as an eligible telecommunications carrier in order to provide supported services only under subpart E of this part does not need to submit such a five-year plan. ( 2 ) Demonstrate its ability to remain functional in emergency situations, including a demonstration that it has a reasonable amount of back-up power to ensure functionality without an external power source, is able to reroute traffic around damaged facilities, and is capable of managing traffic spikes resulting from emergency situations. ( 3 ) Demonstrate that it will satisfy applicable consumer protection and service quality standards. A commitment by wireless applicants to comply with the Cellular Telecommunications and Internet Association's Consumer Code for Wireless Service will satisfy this requirement. Other commitments will be considered on a case-by-case basis. ( 4 ) For common carriers seeking designation as an eligible telecommunications carrier for purposes of receiving support only under subpart E of this part , demonstrate that it is financially and technically capable of providing the Lifeline service in compliance with subpart E of this part . ( 5 ) For common carriers seeking designation as an eligible telecommunications carrier for purposes of receiving support only under subpart E of this part , submit information describing the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, additional charges, if any, for toll calls, and rates for each such plan. To the extent the eligible telecommunications carrier offers plans to Lifeline subscribers that are generally available to the public, it may provide summary information regarding such plans, such as a link to a public Web site outlining the terms and conditions of such plans. ( 6 ) For common carriers seeking designation as an eligible telecommunications carrier for purposes of receiving support only under subpart E of this part , submit information describing the terms and conditions of any broadband Internet access service plans offered to Lifeline subscribers, including details on the speeds offered, data usage allotments, additional charges for particular uses, if any, and rates for each such plan. To the extent the eligible telecommunications carrier offers plans to Lifeline subscribers that are generally available to the public, it may provide summary information regarding such plans, such as a link to a public Web site outlining the terms and conditions of such plans. ( b ) Public interest standard. Prior to designating an eligible telecommunications carrier pursuant to section 214(e)(6), the Commission determines that such designation is in the public interest. ( c ) A common carrier seeking designation as an eligible telecommunications carrier under section 214(e)(6) for any part of Tribal lands shall provide a copy of its petition to the affected tribal government and tribal regulatory authority, as applicable, at the time it files its petition with the Federal Communications Commission. In addition, the Commission shall send any public notice seeking comment on any petition for designation as an eligible telecommunications carrier on Tribal lands, at the time it is released, to the affected tribal government and tribal regulatory authority, as applicable, by the most expeditious means available. [ 77 FR 12966 , Mar. 2, 2012, as amended at 81 FR 33089 , May 24, 2016; 84 FR 71327 , Dec. 27, 2019] § 54.203 Designation of eligible telecommunications carriers for unserved areas. ( a ) If no common carrier will provide the services that are supported by federal universal service support mechanisms under section 254(c) of the Act and subpart B of this part to an unserved community or any portion thereof that requests such service, the Commission, with respect to interstate services, or a state commission, with respect to intrastate services, shall determine which common carrier or carriers are best able to provide such service to the requesting unserved community or portion thereof and shall order such carrier or carriers to provide such service for that unserved community or portion thereof. ( b ) Any carrier or carriers ordered to provide such service under this section shall meet the requirements of section 54.201(d) and shall be designated as an eligible telecommunications carrier for that community or portion thereof. § 54.205 Relinquishment of universal service. Cross Reference Link to an amendment published at 89 FR 25159 , Apr. 10, 2024. ( a ) A state commission shall permit an eligible telecommunications carrier to relinquish its designation as such a carrier in any area served by more than one eligible telecommunications carrier. An eligible telecommunications carrier that seeks to relinquish its eligible telecommunications carrier designation for an area served by more than one eligible telecommunications carrier shall give advance notice to the state commission of such relinquishment. ( b ) Prior to permitting a telecommunications carrier designated as an eligible telecommunications carrier to cease providing universal service in an area served by more than one eligible telecommunications carrier, the state commission shall require the remaining eligible telecommunications carrier or carriers to ensure that all customers served by the relinquishing carrier will continue to be served, and shall require sufficient notice to permit the purchase or construction of adequate facilities by any remaining eligible telecommunications carrier. The state commission shall establish a time, not to exceed one year after the state commission approves such relinquishment under this section, within which such purchase or construction shall be completed. [ 81 FR 33089 , May 24, 2016, as amended at 84 FR 71327 , Dec. 27, 2019] § 54.207 Service areas. ( a ) The term service area means a geographic area established by a state commission for the purpose of determining universal service obligations and support mechanisms. A service area defines the overall area for which the carrier shall receive support from federal universal service support mechanisms. ( b ) In the case of a service area served by a rural telephone company, service area means such company's “study area” unless and until the Commission and the states, after taking into account recommendations of a Federal-State Joint Board instituted under section 410(c) of the Act, establish a different definition of service area for such company. ( c ) If a state commission proposes to define a service area served by a rural telephone company to be other than such company's study area, the Commission will consider that proposed definition in accordance with the procedures set forth in this paragraph. ( 1 ) A state commission or other party seeking the Commission's agreement in redefining a service area served by a rural telephone company shall submit a petition to the Commission. The petition shall contain: ( i ) The definition proposed by the state commission; and ( ii ) The state commission's ruling or other official statement presenting the state commission's reasons for adopting its proposed definition, including an analysis that takes into account the recommendations of any Federal-State Joint Board convened to provide recommendations with respect to the definition of a service area served by a rural telephone company. ( 2 ) The Commission shall issue a Public Notice of any such petition within fourteen (14) days of its receipt. ( 3 ) The Commission may initiate a proceeding to consider the petition within ninety (90) days of the release date of the Public Notice. ( i ) If the Commission initiates a proceeding to consider the petition, the proposed definition shall not take effect until both the state commission and the Commission agree upon the definition of a rural service area, in accordance with paragraph (b) of this section and section 214(e)(5) of the Act. ( ii ) If the Commission does not act on the petition within ninety (90) days of the release date of the Public Notice, the definition proposed by the state commission will be deemed approved by the Commission and shall take effect in accordance with state procedures. ( d ) The Commission may, on its own motion, initiate a proceeding to consider a definition of a service area served by a rural telephone company that is different from that company's study area. If it proposes such different definition, the Commission shall seek the agreement of the state commission according to this paragraph. ( 1 ) The Commission shall submit a petition to the state commission according to that state commission's procedures. The petition submitted to the relevant state commission shall contain: ( i ) The definition proposed by the Commission; and ( ii ) The Commission's decision presenting its reasons for adopting the proposed definition, including an analysis that takes into account the recommendations of any Federal-State Joint Board convened to provide recommendations with respect to the definition of a service area served by a rural telephone company. ( 2 ) The Commission's proposed definition shall not take effect until both the state commission and the Commission agree upon the definition of a rural service area, in accordance with paragraph (b) of this section and section 214(e)(5) of the Act. ( e ) The Commission delegates its authority under paragraphs (c) and (d) of this section to the Chief, Wireline Competition Bureau. ( f ) Geographic flexibility provided for mobile competitive eligible telecommunications carriers receiving legacy high-cost support. A mobile competitive eligible telecommunications carrier receiving legacy high-cost support pursuant to § 54.307(e)(5) , (6) , or (7) for a particular subsidized service area may use the support for the provision, maintenance, and upgrading of facilities and services within any of the designated service areas for which it or an affiliated mobile competitive eligible telecommunications carrier ( e.g., where several mobile competitive eligible telecommunications carriers share a common holding company) receives legacy high-cost support regardless of whether the service areas span more than one state or territory. This paragraph does not affect a mobile competitive eligible telecommunications carrier's obligations and requirements pursuant to §§ 54.7 and 54.322 . [ 62 FR 32948 , June 17, 1997, as amended at 67 FR 13226 , Mar. 21, 2002; 85 FR 75817 , Nov. 25, 2020] Subpart D—Universal Service Support for High Cost Areas § 54.302 Monthly per-line limit on universal service support. ( a ) Beginning July 1, 2012 and until June 30, 2013, each study area's universal service monthly support (not including Connect America Fund support provided pursuant to § 54.304 ) on a per-line basis shall not exceed $250 per-line plus two-thirds of the difference between its uncapped per-line monthly support and $250. Beginning July 1, 2013 and until June 30, 2014, each study area's universal service monthly support on a per-line basis shall not exceed $250 per-line plus one third of the difference between its uncapped per-line monthly support and $250. Beginning July 1, 2014, each study area's universal service monthly per-line support shall not exceed $250. Beginning July 1, 2019, until June 30, 2021, each study area's universal service monthly per-line support shall not exceed $225. Beginning July 1, 2021, each study area's universal service monthly per-line support shall not exceed $200. ( b ) For purposes of this section, universal service support is defined as the sum of the amounts calculated pursuant to §§ 54.1304 , 54.1310 , 54.305 , and 54.901 through 54.904 . Line counts for purposes of this section shall be as of the most recent line counts reported pursuant to § 54.903(a)(1) . ( c ) The Administrator, in order to limit support for carriers pursuant to paragraph (a) of this section, shall reduce safety net additive support, high-cost loop support, safety valve support, and Connect America Fund Broadband Loop Support in proportion to the relative amounts of each support the study area would receive absent such limitation. [ 76 FR 73870 , Nov. 29, 2011, as amended at 79 FR 39188 , July 9, 2014; 82 FR 14339 , Mar. 20, 2017; 84 FR 4730 , Feb. 19, 2019] § 54.303 Eligible Capital Investment and Operating Expenses. ( a ) Eligible Operating Expenses. Each study area's eligible operating expenses for purposes of calculating universal service support pursuant to subparts K and M of this part shall be adjusted as follows: ( 1 ) Total eligible annual operating expenses per location shall be limited as follows: Calculate Exp(Ŷ + 1.5 * mean square error of the regression), where Ŷ = α̂ + β̂ 1 X 1 + β̂ 2 X 2 + β̂ 3 X 3 α̂, β̂ 1 , β̂ 2 , and β̂ 3 are the coefficients from the regression, X 1 is the natural log of the number of housing units in the study area, X 2 is the natural log of the number of density (number of housing units per square mile), and X 3 is the square of the natural log of the density ( 2 ) Eligible operating expenses are the sum of Cable and Wire Facilities Expense, Central Office Equipment Expense, Network Support and General Expense, Network Operations Expense, Limited Corporate Operations Expense, Information Origination/Termination Expense, Other Property Plant and Equipment Expenses, Customer Operations Expense: Marketing, and Customer Operations Expense: Services. ( 3 ) For purposes of this section, the number of housing units will be determined per the most recently available U.S Census data for each census block in that study area. If a census block is partially within a study area, the number of housing units in that portion of the census block will be determined based upon the percentage geographic area of the census block within the study area. ( 4 ) Notwithstanding the provisions of paragraph (a) of this section, total eligible annual operating expenses for 2016 will be limited to the total eligible annual operating expenses as defined in this section plus one half of the amount of total eligible annual expense as calculated prior to the application of this section. ( 5 ) For any study area subject to the limitation described in this paragraph, a required percentage reduction will be calculated for that study area's total eligible annual operating expenses. Each category or account used to determine that study area's total eligible annual operating expenses will then be reduced by this required percentage reduction. ( 6 ) For a period of five years following the implementation of paragraph (a) of this section, the total eligible annual operating expenses per location in paragraph (a) shall be adjusted annually to account for changes to the Department of Commerce's Gross Domestic Product Chain-type Price Index (GDP-CPI). ( 7 ) For those study areas where a majority of the housing units are on Tribal lands, as determined by the Wireline Competition Bureau, and meet the following conditions, total eligible annual operating expenses per location shall be limited by calculating Exp (Ŷ + 2.5 * mean square error of the regression): The carrier serving the study area has not deployed broadband service of 10 Mbps download/1 Mbps upload to 90 percent or more of the housing units on the Tribal lands in its study area and unsubsidized competitors have not deployed broadband service of 10 Mbps download/1 Mbps upload to 85 percent or more of the housing units on the Tribal lands in its study area. ( b ) [Reserved] [ 81 FR 24337 , Apr. 25, 2016, as amended at 82 FR 14339 , Mar. 20, 2017; 82 FR 16127 , Apr. 3, 2017; 82 FR 22903 , May 19, 2017; 83 FR 18964 , May 1, 2018 ; 83 FR 30884 , July 2, 2018; 84 FR 4730 , Feb. 19, 2019] § 54.304 Administration of Connect America Fund Intercarrier Compensation Replacement. ( a ) The Administrator shall administer CAF ICC support pursuant to § 51.915 and § 51.917 of this chapter . ( b ) The funding period is the period beginning July 1 through June 30 of the following year. ( c ) For price cap carriers that are eligible and elect, pursuant to § 51.915(f) of this chapter , to receive CAF ICC support, the following provisions govern the filing of data with the Administrator, the Commission, and the relevant state commissions and the payment by the Administrator to those carriers of CAF ICC support amounts that the carrier is eligible to receive pursuant to § 51.915 of this chapter . ( 1 ) A Price Cap Carrier seeking CAF ICC support pursuant to § 51.915 of this chapter shall file data with the Administrator, the Commission, and the relevant state commissions no later than June 30, 2012, for the first year, and on the date it files its annual access tariff filing with the Commission, in subsequent years, establishing the amount of the Price Cap Carrier's eligible CAF ICC funding during the upcoming funding period pursuant to § 51.915 of this chapter . The amount shall include any true-ups, pursuant to § 51.915 of this chapter , associated with an earlier funding period. ( 2 ) The Administrator shall monthly pay each price cap carrier one-twelfth (1/12) of the amount the carrier is eligible to receive during that funding period. ( d ) For rate-of-return carriers that are eligible and elect, pursuant to § 51.917(f) of this chapter , to receive CAF ICC support, the following provisions govern the filing of data with the Administrator, the Commission, and the relevant state commissions and the payment by the Administrator to those carriers of CAF ICC support amounts that the rate-of-return carrier is eligible to receive pursuant to § 51.917 of this chapter . ( 1 ) A Rate-of-Return Carrier seeking CAF ICC support shall file data with the Administrator, the Commission, and the relevant state commissions no later than June 30, 2012, for the first year, and on the date it files its annual access tariff filing with the Commission, in subsequent years, establishing the Rate-of-Return Carrier's projected eligibility for CAF ICC funding during the upcoming funding period pursuant to § 51.917 of this chapter . The projected amount shall include any true-ups, pursuant to § 51.917 of this chapter , associated with an earlier funding period. ( 2 ) The Administrator shall monthly pay each rate-of-return carrier one-twelfth (1/12) of the amount the carrier is to be eligible to receive during that funding period. [ 76 FR 73871 , Nov. 29, 2011, as amended at 78 FR 26268 , May 6, 2013] § 54.305 Sale or transfer of exchanges. ( a ) The provisions of this section shall not be used to determine support for any price cap incumbent local exchange carrier or a rate-of-return carrier, as that term is defined in § 54.5 , that is affiliated with a price cap incumbent local exchange carrier. ( b ) Beginning January 1, 2012, any carrier subject to the provisions of this paragraph shall receive support pursuant to this paragraph or support based on the actual costs of the acquired exchanges, whichever is less. Except as provided in paragraph (c) of this section, a carrier that acquires telephone exchanges from an unaffiliated carrier shall receive universal service support for the acquired exchanges at the same per-line support levels for which those exchanges were eligible prior to the transfer of the exchanges. If the acquired exchanges are incorporated into an existing rural incumbent local exchange carrier study area, the rural incumbent local exchange carrier shall maintain the costs associated with the acquired exchanges separate from the costs associated with its pre-acquisition study area. The transferred exchanges may be eligible for safety valve support for loop related costs pursuant to paragraph (d) of this section. ( c ) A carrier that has entered into a binding agreement to buy or acquire exchanges from an unaffiliated carrier prior to May 7, 1997 will receive universal service support for the newly acquired lines based upon the average cost of all of its lines, both those newly acquired and those it had prior to execution of the sales agreement. ( d ) Transferred exchanges in study areas operated by rural telephone companies that are subject to the limitations on loop-related universal service support in paragraph (b) of this section may be eligible for a safety valve loop cost expense adjustment based on the difference between the rural incumbent local exchange carrier's index year expense adjustment and subsequent year loop cost expense adjustments for the acquired exchanges. Safety valve loop cost expense adjustments shall only be available to rural incumbent local exchange carriers that, in the absence of restrictions on high-cost loop support in paragraph (b) of this section, would qualify for high-cost loop support for the acquired exchanges under § 54.1310 . ( 1 ) For carriers that buy or acquire telephone exchanges on or after January 10, 2005, from an unaffiliated carrier, the index year expense adjustment for the acquiring carrier's first year of operation shall equal the selling carrier's loop-related expense adjustment for the transferred exchanges for the 12-month period prior to the transfer of the exchanges. At the acquiring carrier's option, the first year of operation for the transferred exchanges, for purposes of calculating safety valve support, shall commence at the beginning of either the first calendar year or the next calendar quarter following the transfer of exchanges. For the first year of operation, a loop cost expense adjustment, using the costs of the acquired exchanges submitted in accordance with § 54.1305 shall be calculated pursuant to § 54.1310 and then compared to the index year expense adjustment. Safety valve support for the first period of operation will then be calculated pursuant to paragraph (d)(3) of this section. The index year expense adjustment for years after the first year of operation shall be determined using cost data for the first year of operation of the transferred exchanges. Such cost data for the first year of operation shall be calculated in accordance with §§ 54.1305 and 54.1310 . For each year, ending on the same calendar quarter as the first year of operation, a loop cost expense adjustment, using the loop costs of the acquired exchanges, shall be submitted and calculated pursuant to §§ 54.1305 and 54.1310 and will be compared to the index year expense adjustment. Safety valve support for the second year of operation and thereafter will then be calculated pursuant to paragraph (d)(3) of this section. ( 2 ) For carriers that bought or acquired exchanges from an unaffiliated carrier before January 10, 2005, and are not subject to the exception in paragraph (c) of this section, the index year expense adjustment for acquired exchange(s) shall be equal to the rural incumbent local exchange carrier's high-cost loop expense adjustment for the acquired exchanges calculated for the carrier's first year of operation of the acquired exchange(s). At the carrier's option, the first year of operation of the transferred exchanges shall commence at the beginning of either the first calendar year or the next calendar quarter following the transfer of exchanges. The index year expense adjustment shall be determined using cost data for the acquired exchange(s) submitted in accordance with § 54.1305 and shall be calculated in accordance with § 54.1310 . For each subsequent year, ending on the same calendar quarter as the index year, a loop cost expense adjustment, using the costs of the acquired exchanges, will be calculated pursuant to § 54.1310 and will be compared to the index year expense adjustment. Safety valve support is calculated pursuant to paragraph (d)(3) of this section. ( e ) The sum of the safety valve loop cost expense adjustment for all eligible study areas operated by rural telephone companies shall not exceed five (5) percent of the total rural incumbent local exchange carrier portion of the annual nationwide loop cost expense adjustment calculated pursuant to § 54.1302 . The five (5) percent cap on the safety valve mechanism shall be based on the lesser of the rural incumbent local exchange carrier portion of the annual nationwide loop cost expense adjustment calculated pursuant to § 54.1302 or the sum of rural incumbent local exchange carrier expense adjustments calculated pursuant to § 54.1310 . The percentage multiplier used to derive study area safety valve loop cost expense adjustments for rural telephone companies shall be the lesser of fifty (50) percent or a percentage calculated to produce the maximum total safety valve loop cost expense adjustment for all eligible study areas pursuant to this paragraph. The safety valve loop cost expense adjustment of an individual rural incumbent local exchange carrier also may be further reduced as described in paragraph (d)(3) of this section. ( f ) Once an acquisition is complete, the acquiring rural incumbent local exchange carrier shall provide written notice to the Administrator that it has acquired access lines that may be eligible for safety valve support. Rural telephone companies also shall provide written notice to the Administrator defining their index year for those years after the first year of operation for purposes of calculating the safety valve loop cost expense adjustment. [ 70 FR 10060 , Mar. 2, 2005, as amended at 76 FR 73871 , Nov. 29, 2011; 79 FR 39188 , July 9, 2014; 81 FR 24339 , Apr. 25, 2016; 89 FR 25159 , Apr. 10, 2024] § 54.306 Alaska Plan for Rate-of-Return Carriers Serving Alaska. ( a ) Election of support. For purposes of subparts A , B , C , D , H , I , J , K and M of this part , rate-of-return carriers (as that term is defined in § 54.5 ) serving Alaska have a one-time option to elect to participate in the Alaska Plan on a state-wide basis. Carriers exercising this option shall receive the lesser of; ( 1 ) Support as described in paragraph (c) of this section or ( 2 ) $3,000 annually for each line for which the carrier is receiving support as of the effective date of this rule. ( b ) Performance plans. In order to receive support pursuant to this section, a rate-of-return carrier must be subject to a performance plan approved by the Wireline Competition Bureau. The performance plan must indicate specific deployment obligations and performance requirements sufficient to demonstrate that support is being used in the public interest and in accordance with the requirements adopted by the Commission for the Alaska Plan. Performance plans must commit to offer specified minimum speeds to a set number of locations by the end of the fifth year of support and by the end of the tenth year of support, or in the alternative commit to maintaining voice and Internet service at a specified minimum speeds for the 10-year term. The Bureau may reassess performance plans at the end of the fifth year of support. If the specific deployment obligations and performance requirements in the approved performance plan are not achieved, the carrier shall be subject to § 54.320(c) and (d) . ( c ) Support amounts and support term. For a period of 10 years beginning on or after January 1, 2017, at a date set by the Wireline Competition Bureau, each Alaska Plan participant shall receive monthly Alaska Plan support in an amount equal to: ( 1 ) One-twelfth (1/12) of the amount of Interstate Common Line Support disbursed to that carrier for 2011, less any reduction made to that carrier's support in 2012 pursuant to the corporate operations expense limit in effect in 2012, and without regard to prior period adjustments related to years other than 2011 and as determined by USAC on January 31, 2012; plus ( 2 ) One-twelfth (1/12) of the total expense adjustment (high cost loop support) disbursed to that carrier for 2011, without regard to prior period adjustments related to years other than 2011 and as determined by USAC on January 31, 2012. ( d ) Transfers. Notwithstanding any provisions of § 54.305 or other sections in this part, to the extent an Alaska Plan participant (as defined in § 54.306 or § 54.317 ) transfers some or all of its customers in Alaska to another eligible telecommunications carrier, it may also transfer a proportionate amount of its Alaska Plan support and any associated performance obligations as determined by the Wireline Competition Bureau or Wireless Telecommunications Bureau if the acquiring eligible telecommunications carrier certifies it will meet the associated obligations agreed to in the approved performance plan. [ 81 FR 69712 , Oct. 7, 2016] § 54.307 Support to a competitive eligible telecommunications carrier. ( a ) Calculation of support. A competitive eligible telecommunications carrier shall receive universal service support to the extent that the competitive eligible telecommunications carrier captures the subscriber lines of an incumbent local exchange carrier (LEC) or serves new subscriber lines in the incumbent LEC's service area. ( 1 ) A competitive eligible telecommunications carrier serving loops in the service area of a rural incumbent local exchange carrier, as that term is defined in § 54.5 of this chapter , shall receive support for each line it serves in a particular service area based on the support the incumbent LEC would receive for each such line, disaggregated by cost zone if disaggregation zones have been established within the service area pursuant to § 54.315 of this subpart . A competitive eligible telecommunications carrier serving loops in the service area of a non-rural incumbent local exchange carrier shall receive support for each line it serves in a particular wire center based on the support the incumbent LEC would receive for each such line. A competitive eligible telecommunications carrier serving loops in the service area of a rate-of-return carrier shall be eligible to receive Interstate Common Line Support for each line it serves in the service area in accordance with the formula in § 54.901 . ( 2 ) A competitive eligible telecommunications carrier that uses switching purchased as unbundled network elements pursuant to § 51.307 of this chapter to provide the supported services shall receive the lesser of the unbundled network element price for switching or the per-line DEM support of the incumbent LEC, if any. A competitive eligible telecommunications carrier that uses loops purchased as unbundled network elements pursuant to § 51.307 of this chapter to provide the supported services shall receive the lesser of the unbundled network element price for the loop or the incumbent LEC's per-line payment from the high-cost loop support, LTS, and Interstate Common Line Support mechanisms, if any. The incumbent LEC providing nondiscriminatory access to unbundled network elements to such competitive eligible telecommunications carrier shall receive the difference between the level of universal service support provided to the competitive eligible telecommunications carrier and the per-customer level of support that the incumbent LEC would have received. ( 3 ) A competitive eligible telecommunications carrier that provides the supported services using neither unbundled network elements purchased pursuant to § 51.307 of this chapter nor wholesale service purchased pursuant to section 251(c)(4) of the Act will receive the full amount of universal service support that the incumbent LEC would have received for that customer. ( b ) In order to receive support pursuant to this subpart, a competitive eligible telecommunications carrier must report to the Administrator the number of working loops it serves in a service area pursuant to the schedule set forth in paragraph (c) of this section. For a competitive eligible telecommunications carrier serving loops in the service area of a rural incumbent local exchange carrier, as that term is defined in § 54.5 , the carrier must report, by customer class, the number of working loops it serves in the service area, disaggregated by cost zone if disaggregation zones have been established within the service area pursuant to § 54.315 . For a competitive eligible telecommunications carrier serving loops in the service area of a non-rural telephone company, the carrier must report the number of working loops it serves in the service area, by customer class if the non-rural telephone company receives Interstate Common Line Support pursuant to § 54.901 and by disaggregation zone if disaggregation zones have been established within the service area pursuant to § 54.315 of this subpart , and the number of working loops it serves in each wire center in the service area. For universal service support purposes, working loops are defined as the number of working Exchange Line C&WF loops used jointly for exchange and message telecommunications service, including C&WF subscriber lines associated with pay telephones in C&WF Category 1, but excluding WATS closed end access and TWX service. Competitive eligible telecommunications carriers providing mobile wireless service in an incumbent LEC's service area shall use the customer's billing address for purposes of identifying the service location of a mobile wireless customer in a service area. ( c ) A competitive eligible telecommunications carrier must submit the data required pursuant to paragraph (b) of this section according to the schedule. ( 1 ) No later than July 31st of each year, submit data as of December 31st of the previous calendar year; ( 2 ) No later than September 30th of each year, submit data as of March 31st of the existing calendar year; ( 3 ) No later than December 30th of each year, submit data as of June 30th of the existing calendar year; ( 4 ) No later than March 30th of each year, submit data as of September 30th of the previous calendar year. ( d ) Newly designated eligible telecommunications carriers. Notwithstanding the deadlines in paragraph (c) of this section, a carrier shall be eligible to receive support as of the effective date of its designation as an eligible telecommunications carrier under section 214(e)(2) or (e)(6), provided that it submits the data required pursuant to paragraph (b) of this section within 60 days of that effective date. Thereafter, the eligible telecommunications carrier must submit the data required in paragraph (b) of this section pursuant to the schedule in paragraph (c) of this section. ( e ) Support Beginning January 1, 2012. Competitive eligible telecommunications carriers will, beginning January 1, 2012, receive support based on the methodology described in this paragraph and not based on paragraph (a) of this section. ( 1 ) Baseline Support Amount. Each competitive eligible telecommunication carrier will have a “baseline support amount” equal to its total 2011 support in a given study area, or an amount equal to $3,000 times the number of reported lines for 2011, whichever is lower. Each competitive eligible telecommunications carrier will have a “monthly baseline support amount” equal to its baseline support amount divided by twelve. ( i ) “Total 2011 support” is the amount of support disbursed to a competitive eligible telecommunication carrier for 2011, without regard to prior period adjustments related to years other than 2011 and as determined by the Administrator on January 31, 2012. ( ii ) For the purpose of calculating the $3,000 per line limit, the average of lines reported by a competitive eligible telecommunication carrier pursuant to line count filings required for December 31, 2010, and December 31, 2011 shall be used. The $3,000 per line limit shall be applied to support amounts determined for each incumbent study area served by the competitive eligible telecommunications carrier. ( 2 ) Monthly support amounts. Competitive eligible telecommunications carriers shall receive the following support amounts, except as provided in paragraphs (e)(3) through (7) of this section. ( i ) From January 1, 2012, to June 30, 2012, each competitive eligible telecommunications carrier shall receive its monthly baseline support amount each month. ( ii ) From July 1, 2012 to June 30, 2013, each competitive eligible telecommunications carrier shall receive 80 percent of its monthly baseline support amount each month. ( iii ) Beginning July 1, 2013, each competitive eligible telecommunications carrier shall receive 60 percent of its monthly baseline support amount each month. ( 3 ) Delayed Phase Down for Remote Areas in Alaska. Certain competitive eligible telecommunications carriers serving remote areas in Alaska shall have their support phased down on a later schedule than that described in paragraph (e)(2) of this section. ( i ) Remote Areas in Alaska. For the purpose of this paragraph, “remote areas in Alaska” includes all of Alaska except; ( A ) The ACS-Anchorage incumbent study area; ( B ) The ACS-Juneau incumbent study area; ( C ) The fairbankszone1 disaggregation zone in the ACS-Fairbanks incumbent study area; and ( D ) The Chugiak 1 and 2 and Eagle River 1 and 2 disaggregation zones of the Matunuska Telephone Association incumbent study area. ( ii ) Carriers Subject to Delayed Phase Down. A competitive eligible telecommunications carrier shall be subject to the delayed phase down described in paragraph (e)(3) of this section to the extent that it serves remote areas in Alaska, and it certified that it served covered locations in its September 30, 2011, filing of line counts with the Administrator. To the extent a competitive eligible telecommunications carrier serving Alaska is not subject to the delayed phase down, it will be subject to the phase down of support on the schedule described in paragraph (e)(2) of this section. ( iii ) Baseline for Delayed Phase Down. For purpose of the delayed phase down for remote areas in Alaska, the baseline amount for each competitive eligible telecommunications carrier subject to the delayed phase down shall be the annualized monthly support amount received for June 2014 or the last full month prior to the implementation of Mobility Fund Phase II, whichever is later. ( iv ) Monthly Support Amounts. Competitive eligible telecommunications carriers subject to the delayed phase down for remote areas in Alaska shall receive the following support amounts, except as provided in paragraphs (e)(4) through (e)(6) of this section. ( A ) From July 1, 2014 to June 30, 2015, each competitive eligible telecommunications carrier shall receive 80 percent of its monthly baseline support amount each month. ( B ) From July 1, 2015, to June 30, 2016, each competitive eligible telecommunications carrier shall receive 60 percent of its monthly baseline support amount each month. ( C ) From July 1, 2016, to June 30, 2017, each competitive eligible telecommunications carrier shall receive 40 percent of its monthly baseline support amount each month. ( D ) From July 1, 2017, to June 30, 2018, each competitive eligible telecommunications carrier shall receive 20 percent of its monthly baseline support amount each month. ( E ) Beginning July 1, 2018, no competitive eligible telecommunications carrier serving remote areas in Alaska shall receive universal service support pursuant to this section. ( v ) Interim Support for Remote Areas in Alaska. From January 1, 2012, until June 30, 2014 or the last full month prior to the implementation of Mobility Fund Phase II, whichever is later, competitive eligible telecommunications carriers subject to the delayed phase down for remote areas in Alaska shall continue to receive the support, as calculated by the Administrator, that each competitive telecommunications carrier would have received under the frozen per-line support amount as of December 31, 2011 capped at $3,000 per year, provided that the total amount of support for all such competitive eligible telecommunications carriers shall be capped pursuant to paragraph (e)(3)(v)(A) of this section. ( A ) Cap Amount. The total amount of support available on an annual basis for competitive eligible telecommunications carriers subject to the delayed phase down for remote areas in Alaska shall be equal to the sum of “total 2011 support,” as defined in paragraph (e)(1)(i) of this section, received by all competitive eligible telecommunications carriers subject to the delayed phase down for serving remote areas in Alaska. ( B ) Reduction Factor. To effectuate the cap, the Administrator shall apply a reduction factor as necessary to the support that would otherwise be received by all competitive eligible telecommunications carriers serving remote areas in Alaska subject to the delayed phase down. The reduction factor will be calculated by dividing the total amount of support available amount by the total support amount calculated for those carriers in the absence of the cap. ( 4 ) Further reductions. If a competitive eligible telecommunications carrier ceases to provide services to high-cost areas it had previously served, the Commission may reduce its baseline support amount. ( 5 ) Eligibility for interim support before 5G Fund Phase I auction. Beginning the first day of the month following the effective date of the Report and Order, FCC 20-150, a competitive eligible telecommunications carrier that receives support pursuant to paragraph (a) or (e)(2) of this section shall no longer receive such support and shall instead receive support as described in this paragraph. ( i ) A competitive eligible telecommunications carrier that is not a mobile competitive eligible telecommunications carrier, as that term is defined in § 54.5 , shall no longer receive monthly baseline support. ( ii ) Until the first day of the month following the release of a public notice by the Office of Economics and Analytics and Wireline Competition Bureau announcing the final areas eligible for support in the 5G Fund Phase I auction: ( A ) A mobile competitive eligible telecommunications carrier that receives support pursuant to paragraph (a) of this section shall receive “monthly baseline support” in an amount equal to one-twelfth ( 1 ⁄ 12 ) of its total support received for the preceding 12-month period. ( B ) A mobile competitive eligible telecommunications carrier that receives support pursuant to paragraph (e)(2) of this section shall receive support at the same level described in paragraph (e)(2)(iii) of this section. ( iii ) Beginning the first day of the month following the release of a public notice by the Office of Economics and Analytics and Wireline Competition Bureau announcing the final areas eligible for support in the 5G Fund Phase I auction and until the first day of the month following release of a public notice announcing the close of the 5G Fund Phase I auction, a mobile competitive eligible telecommunications carrier that receives support pursuant to paragraph (e)(5)(ii) of this section for any such eligible area shall receive an adjusted, disaggregated amount of monthly support for that area, which shall be calculated by multiplying the monthly support level described in paragraph (e)(5)(ii) of this section by the areal percentage of the eligible portion of the competitive eligible telecommunications carrier's service area, weighted by applying the 5G Fund adjustment factor methodology and values adopted by the Office of Economics and Analytics and Wireline Competition Bureau and announced in a public notice. ( iv ) Beginning the first day of the month following the release of a public notice by the Office of Economics and Analytics and Wireline Competition Bureau announcing the final areas eligible for support in the 5G Fund Phase I auction, a mobile competitive eligible telecommunications carrier that receives support pursuant paragraph (e)(5)(ii) of this section for any ineligible area shall receive an adjusted, disaggregated amount of monthly support for that area, which shall be calculated by multiplying the monthly support level described in paragraph (e)(5)(ii) of this section by the areal percentage of the ineligible portion of the competitive eligible telecommunications carrier's service area, weighted by applying the 5G Fund adjustment factor methodology and values adopted by the Office of Economics and Analytics and Wireline Competition Bureau and announced in a public notice, and reduced as follows: ( A ) For the first 12 months, each mobile competitive eligible telecommunications carrier shall receive monthly support that is two-thirds ( 2 ⁄ 3 ) of the level described in paragraph (e)(5)(iv) of this section for the ineligible area. ( B ) For 12 months starting the first day of the month following the period described in paragraph (e)(5)(iv)(A) of this section, each mobile competitive eligible telecommunications carrier shall receive monthly support that is one-third ( 1 ⁄ 3 ) of the level described in paragraphs (e)(5)(iv) of this section for the ineligible area. ( C ) Following the period described in paragraph (e)(5)(iv)(B) of this section, no mobile competitive eligible telecommunications carrier shall receive monthly support for any ineligible area pursuant to this section. ( 6 ) Eligibility for support after 5G Fund Phase I auction. ( i ) Notwithstanding the schedule described in paragraph (e)(5)(iii) of this section, a mobile competitive eligible telecommunications carrier that receives monthly support pursuant to paragraph (e)(5)(iii) of this section and is a winning bidder in the 5G Fund Phase I auction shall continue to receive support at the same level it was receiving support for such area at the time of the release of a public notice announcing the close of the 5G Fund Phase I auction until such time as the Office of Economics and Analytics and Wireline Competition Bureau determine whether or not to authorize the carrier to receive 5G Fund Phase I support. ( A ) Upon the Office of Economics and Analytics and Wireline Competition Bureau's release of a public notice approving a mobile competitive eligible telecommunications carrier's application for support submitted pursuant to § 54.1014(b) and authorizing the carrier to receive 5G Fund Phase I support, the carrier shall no longer receive support at the level of monthly support described in paragraph (e)(5)(iii) of this section for such area. Thereafter, the carrier shall receive monthly support in the amount of its 5G Fund Phase I winning bid pursuant to § 54.1017 , provided that the Administrator shall decrease the amount of the carrier's support to the extent necessary to account for any support the carrier received during the period between the close of the 5G Fund Phase I auction and the release of the public notice authorizing the carrier to receive 5G Fund Phase I support. ( B ) A mobile competitive eligible telecommunications carrier that is a winning bidder in the 5G Fund Phase I auction but is not subsequently authorized to receive 5G Fund Phase I support shall no longer receive support at the level of monthly support described in paragraph (e)(5)(iii) of this section for such area following the determination not to authorize the carrier for 5G Fund Phase I support. Thereafter, the carrier shall receive monthly support as set forth in paragraph (e)(6)(iv) of this section for such area, provided that the Administrator shall decrease the amount of the carrier's support to the extent necessary to account for any support the carrier received during the period between the close of the 5G Fund Phase I auction and the Office of Economics and Analytics and Wireline Competition Bureau's authorization determination. ( ii ) A mobile competitive eligible telecommunications carrier that does not receive monthly support pursuant to this section and is a winning bidder in the 5G Fund Phase I auction shall receive monthly support pursuant to § 54.1017 . ( iii ) A mobile eligible telecommunications carrier that receives monthly support pursuant to paragraph (e)(5)(iii) of this section for an area for which support is not won in the 5G Fund Phase I auction shall continue to receive support at the level of monthly support described in paragraph (e)(5)(iii) of this section provided that it is the carrier receiving the minimum level of sustainable support for the area, but for no more than 60 months from the first day of the month following the release of a public notice by the Office of Economics and Analytics and Wireline Competition Bureau announcing the close of the 5G Fund Phase I auction. The “minimum level of sustainable support” is the lowest monthly support received by a mobile competitive eligible telecommunications carrier for the area that has deployed the highest level of technology ( e.g., 5G) within the state encompassing the area. ( iv ) All other mobile competitive eligible telecommunications carriers that receive monthly support pursuant to paragraph (e)(5)(iii) of this section for eligible areas shall instead receive the following monthly support amounts for such areas: ( A ) For 12 months starting the first day of the month following release of a public notice announcing the close of the 5G Fund Phase I auction, each mobile competitive eligible telecommunications carrier shall receive monthly support that is two-thirds ( 2 ⁄ 3 ) of the level described in paragraph (e)(5)(iii) of this section for the area. ( B ) For 12 months starting the month following the period described in paragraph (e)(6)(iv)(A) of this section, each mobile competitive eligible telecommunications carrier shall receive monthly support that is one-third ( 1 ⁄ 3 ) of the level described in paragraph (e)(5)(iii) of this section for the area. ( C ) Following the period described in paragraph (e)(6)(iv)(B) of this section, no mobile competitive eligible telecommunications carrier shall receive monthly support for the area pursuant to this section. ( 7 ) Eligibility for support after 5G Fund Phase II auction. ( i ) Notwithstanding the schedule described in paragraphs (e)(6)(iii) or (iv) of this section, a mobile competitive eligible telecommunications carrier that receives monthly support pursuant to paragraphs (e)(6)(iii) or (iv) of this section, as applicable, and is a winning bidder in the 5G Fund Phase II auction shall receive support at the same level it was receiving support for such area at the time of the release of a public notice announcing the close of the 5G Fund Phase II auction until such time as the Office of Economics and Analytics and Wireline Competition Bureau determine whether or not to authorize the carrier to receive 5G Fund Phase II support. ( A ) Upon the Office of Economics and Analytics and Wireline Competition Bureau's release of a public notice approving a mobile competitive eligible telecommunications carrier's application for support submitted pursuant to § 54.1014(b) and authorizing the carrier to receive 5G Fund Phase II support, the carrier shall no longer receive support at the level of monthly support pursuant to this section for such area. Thereafter, the carrier shall receive monthly support in the amount of its 5G Fund Phase II winning bid pursuant to § 54.1017 , provided that the Administrator shall decrease the amount of the carrier's support to the extent necessary to account for any support the carrier received during the period between the close of the 5G Fund Phase II auction and the release of the public notice authorizing the carrier to receive 5G Fund Phase II support. ( B ) A mobile competitive eligible telecommunications carrier that is a winning bidder in the 5G Fund Phase II auction but is not subsequently authorized to receive 5G Fund Phase II support shall no longer receive support at the level of monthly support pursuant to paragraph (e)(6)(iii) or (iv) of this section for such area, as applicable, following the determination not to authorize the carrier for 5G Fund Phase II support. Thereafter, the carrier shall receive monthly support as set forth in paragraphs (e)(7)(iv) or (v) of this section for such area, as applicable, provided that the Administrator shall decrease the amount of the carrier's support to the extent necessary to account for any support received during the period between the close of the 5G Fund Phase II auction and the Office of Economics and Analytics and Wireline Competition Bureau's authorization determination. ( ii ) A mobile competitive eligible telecommunications carrier that does not receive monthly support pursuant to this section and is a winning bidder in the 5G Fund Phase II auction shall receive monthly support pursuant to § 54.1017 . ( iii ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to paragraph (e)(6)(iii) of this section for an area for which support is not won in the 5G Fund Phase II auction shall continue to receive support for that area as described in paragraph (e)(6)(iii) of this section. ( iv ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to paragraph (e)(6)(iii) of this section for an area for which support is won in the 5G Fund Phase II auction and for which the carrier is not the winning bidder shall receive the following monthly support amounts for such areas: ( A ) For 12 months starting the first day of the month following release of a public notice announcing the close of the 5G Fund Phase II auction, the mobile competitive eligible telecommunications carrier shall receive monthly support that is two-thirds ( 2 ⁄ 3 ) of the level described in paragraph (e)(6)(iii) of this section for the area. ( B ) For 12 months starting the month following the period described in paragraph (e)(7)(iv)(A) of this section, the mobile competitive eligible telecommunications carrier shall receive monthly support that is one-third ( 1 ⁄ 3 ) of the level described in paragraph (e)(6)(iii) of this section for the area. ( C ) Following the period described in paragraph (e)(7)(iv)(B) of this section, the mobile competitive eligible telecommunications carrier shall not receive monthly support for the area pursuant to this section. ( v ) All other mobile competitive eligible telecommunications carriers that receive monthly support pursuant to paragraph (e)(6)(iv) of this section for an area shall continue to receive support for the area pursuant to that paragraph. ( 8 ) Line Count Filings. Competitive eligible telecommunications carriers, except those subject to the delayed phase down described in paragraph (e)(3) of this section, shall no longer be required to file line counts beginning January 1, 2012. Competitive eligible telecommunications carriers subject to the delayed phase down described in paragraph (e)(3) of this section shall no longer be required to file line counts beginning July 1, 2014, or the date after the first line count filing following the implementation of Mobility Fund Phase II, whichever is later. ( 9 ) Eligibility for support after Connect America Phase II auction. Starting the first day of the month following the first authorization of Connect America Phase II auction support nationwide, fixed competitive eligible telecommunications carriers shall have the option of receiving support pursuant to paragraph (e)(2)(iii) of this section as described in the following paragraphs (e)(8)(i) through (iv): ( i ) For 12 months following the first authorization of Connect America Phase II auction support nationwide, each fixed competitive eligible telecommunications carrier shall receive two-thirds ( 2 ⁄ 3 ) of the carrier's total support pursuant to paragraph (e)(2)(iii) of this section. ( ii ) For 12 months starting the month following the period described in paragraph (e)(8)(i) of this section, each fixed competitive eligible telecommunications carrier shall receive one-third ( 1 ⁄ 3 ) of the carrier's total support pursuant to paragraph (e)(2)(iii) of this section. ( iii ) Following the period described in paragraph (e)(8)(ii) of this section, no fixed competitive eligible telecommunications carrier shall receive any support pursuant to paragraph (e)(2)(iii) of this section. ( iv ) Notwithstanding the foregoing schedule, the phase-down of support below the level described in paragraph (e)(2)(iii) of this section shall be subject to the restrictions in Consolidated Appropriations Act, 2016, Public Law 114-113 , Div. E, Title VI, section 631, 129 Stat. 2242, 2470 (2015), unless and until such restrictions are no longer in effect. [ 62 FR 32948 , June 17, 1997, as amended at 63 FR 2128 , Jan. 13, 1998; 64 FR 67431 , Dec. 1, 1999; 65 FR 26516 , May 8, 2000; 66 FR 30087 , June 5, 2001; 66 FR 59726 , Nov. 30, 2001; 68 FR 31623 , May 28, 2003; 69 FR 34602 , June 22, 2004; 70 FR 29979 , May 25, 2005; 76 FR 73871 , Nov. 29, 2011; 77 FR 14302 , Mar. 9, 2012; 77 FR 30913 , May 24, 2012; 77 FR 52618 , Aug. 30, 2012; 82 FR 15449 , Mar. 28, 2017; 84 FR 8623 , Mar. 11, 2019; 85 FR 75817 , Nov. 25, 2020] § 54.308 Broadband public interest obligations for recipients of high-cost support. ( a ) Rate-of-return carrier recipients of high-cost support are required to offer broadband service, at speeds described below, with latency suitable for real-time applications, including Voice over Internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, at rates that are reasonably comparable to rates for comparable offerings in urban areas. For purposes of determining reasonable comparability of rates, recipients are presumed to meet this requirement if they offer rates at or below the applicable benchmark to be announced annually by public notice issued by the Wireline Competition Bureau. ( 1 ) Carriers that have elected to receive Connect America Fund-Alternative Connect America Cost Model (CAF-ACAM) support pursuant to § 54.311 , other than Enhanced A-CAM support, are required to offer broadband service at actual speeds of at least 10 Mbps downstream/1 Mbps upstream to a defined number of locations as specified by public notice, with a minimum usage allowance of 150 GB per month, subject to the requirement that usage allowances remain consistent with mean usage in the United States over the course of the term. In addition, such carriers must offer other speeds to subsets of locations, as specified in paragraphs (a)(1)(i) through (v) of this section: ( i ) Fully funded locations. Fully funded locations are those locations identified by the Alternative-Connect America Cost Model (A-CAM) where the average cost is above the funding benchmark and at or below the funding cap. Carriers are required to offer broadband speeds to locations that are fully funded, as specified by public notice at the time of authorization, as follows: ( A ) Carriers with a state-level density of more than 10 housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 75 percent of all fully funded locations in the state by the end of the ten-year period. ( B ) Carriers with a state-level density of 10 or fewer, but more than five, housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 50 percent of fully funded locations in the state by the end of the ten-year period. ( C ) Carriers with a state-level density of five or fewer housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 25 percent of fully funded locations in the state by the end of the ten-year period. ( ii ) Capped locations. Capped locations are those locations in census blocks for which A-CAM calculates an average cost per location above the funding cap. Carriers are required to offer broadband speeds to locations that are receiving capped support, as specified by public notice at the time of authorization, as follows: ( A ) Carriers with a state-level density of more than 10 housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 4 Mbps downstream/1 Mbps upstream to 50 percent of all capped locations in the state by the end of the ten-year period. ( B ) Carriers with a state-level density of 10 or fewer housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 4 Mbps downstream/1 Mbps upstream to 25 percent of capped locations in the state by the end of the ten-year period. ( C ) Carriers shall provide to all other capped locations, upon reasonable request, broadband at actual speeds of at least 4 Mbps downstream/1 Mbps upstream. ( iii ) Revised A-CAM I carriers, as defined by § 54.311(a)(2) , must offer the following broadband speeds to locations that are fully funded, as specified by public notice at the time of the authorizations, as follows: ( A ) Revised A-CAM I carriers with a state-level density of more than 10 housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 85 percent of all fully funded locations in the state by the end of the term. ( B ) Revised A-CAM I carriers with a state-level density of 10 or fewer, but more than five, housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 65 percent of fully funded locations in the state by the end of the term. ( C ) Revised A-CAM I carriers with a state-level density of five or fewer housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 50 percent of fully funded locations in the state by the end of the term. ( iv ) A-CAM II carriers, as defined by § 54.311(a)(3) , must offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 100 percent of fully funded locations in the state by the end of the term, and therefore have no additional 10/1 Mbps obligation. ( v ) After December 31, 2023, to the extent that an Enhanced A-CAM carrier was previously subject to the foregoing deployment obligations pursuant to A-CAM I, Revised A-CAM I, or A-CAM II, the Enhanced A-CAM carrier will instead be subject to § 54.308(a)(3) . ( 2 ) Rate-of-return recipients of Connect America Fund Broadband Loop Support (CAF BLS) shall be required to offer broadband service at actual speeds of at least 25 Mbps downstream/3 Mbps upstream, over a five-year period, to a defined number of unserved locations as specified by public notice, as determined by the following methodology: ( i ) Percentage of CAF BLS. Each rate-of-return carrier is required to target a defined percentage of its five-year forecasted CAF BLS support to the deployment of broadband service to locations that are unserved with 25 Mbps downstream/3 Mbps upstream broadband service as follows: ( A ) Rate-of-return carriers with less than 20 percent deployment of 25/3 Mbps broadband service in their study areas, as determined by the Bureau, will be required to use 35 percent of their five-year forecasted CAF BLS support to extend broadband service where it is currently lacking. ( B ) Rate-of-return carriers with more than 20 percent but less than 40 percent deployment of 25/3 Mbps broadband service in their study areas, as determined by the Bureau, will be required to use 25 percent of their five-year forecasted CAF BLS support to extend broadband service where it is currently lacking. ( C ) Rate-of-return carriers with more than 40 percent deployment of 25/3 Mbps broadband service in their study areas, as determined by the Bureau, will be required to use 20 percent of their five-year forecasted CAF BLS support to extend broadband service where it is currently lacking. ( ii ) Cost per location. The deployment obligation shall be determined by dividing the amount of support set forth in paragraph (a)(2)(i) of this section by a cost per location figure based on one of two methodologies, at the carrier's election: ( A ) The higher of: ( 1 ) The weighted average unseparated cost per loop for carriers of similar density that offer 25/3 Mbps or better broadband service to at least 95 percent of locations, based on the most current FCC Form 477 data as determined by the Bureau, but excluding carriers subject to the current per-line per-month cap set forth in § 54.302 and carriers subject to limitations on operating expenses set forth in § 54.303 ; or ( 2 ) 150% of the weighted average of the cost per loop for carriers of similar density, but excluding carriers subject to the per line per month cap set forth in § 54.302 and carriers subject to limitations on operating expenses set forth in § 54.303 , with a similar level of deployment of 25/3 Mbps or better broadband based on the most current FCC Form 477 data, as determined by Bureau; or ( B ) The average cost per location for census blocks lacking 25/3 Mbps broadband service in the carrier's study area as determined by the A-CAM. ( iii ) Restrictions on deployment obligations. No rate-of-return carrier shall deploy terrestrial wireline technology in any census block if doing so would result in total support per line in the study area to exceed the per-line per-month cap in § 54.302 . ( iv ) Future deployment obligations. Prior to publishing the deployment obligations for subsequent five-year periods, the Administrator shall update the unseparated average cost per loop amounts for carriers with 95 percent or greater deployment of the then-current standard, based on the then-current NECA cost data, and the Wireline Competition Bureau shall examine the density groupings and make any necessary adjustments based on then-current U.S. Census data. ( 3 ) An Enhanced A-CAM carrier, as defined by § 54.311(a)(4) , must offer broadband speeds of at least 100 Mbps downstream/20 Mbps upstream to 100 percent of locations in its study areas within the state by the end of 2028. ( i ) Enhanced A-CAM required locations are those locations identified in the National Broadband Map within the carrier's service area where voice and terrestrial broadband services of speeds 100 Mbps downstream/20 Mbps upstream or faster are not yet available or lack an enforceable commitment for deployment of such broadband service. In the context of Enhanced A-CAM, an enforceable commitment exists where a carrier commits to deploying broadband service as a condition of any federal or state grants or other funding. The Wireline Competition Bureau shall provide a list of Enhanced A-CAM required locations for each carrier concurrently with the Enhanced A-CAM offer pursuant to § 54.311(a) , and will update such list to reflect any additional information related locations, broadband coverage, or enforceable commitments determined to have existed at the time of the offer. ( ii ) An Enhanced A-CAM carrier that has reported deployment of 100 Mbps downstream/20 Mbps upstream or faster service to particular locations in its Enhanced A-CAM study area(s) in the National Broadband Map or the Universal Service Administrative Company's High Cost Universal Broadband Portal must maintain the same or faster service at those locations through the end of the Enhanced A-CAM term. ( b ) Rate-of-return carrier recipients of high-cost support are required upon reasonable request to bid on category one telecommunications and Internet access services in response to a posted FCC Form 470 seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) within that carrier's service area. Such bids must be at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. ( c ) Alaskan rate-of-return carriers receiving support from the Alaska Plan pursuant to § 54.306 are exempt from paragraph (a) of this section and are instead required to offer voice and broadband service with latency suitable for real-time applications, including Voice over Internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, at rates that are reasonably comparable to rates for comparable offerings in urban areas, subject to any limitations in access to backhaul as described in § w(g). Alaska Plan recipients' specific broadband deployment and speed obligations shall be governed by the terms of their approved performance plans as described in § 54.306(b) . Alaska Plan recipients must also comply with paragraph (b) of this section. ( d ) Mobile carriers that are receiving support from the Alaska Plan pursuant to § 54.317(e) shall certify in their annual compliance filings that their rates are reasonably comparable to rates for comparable offerings in urban areas. The mobile carrier must also demonstrate compliance at the end of the five-year milestone and 10-year milestone and may do this by showing that its required stand-alone voice plan, and one service plan that offers broadband data services, if it offers such plans, are: ( 1 ) Substantially similar to a service plan offered by at least one mobile wireless service provider in the cellular market area (CMA) for Anchorage, Alaska, and ( 2 ) Offered for the same or a lower rate than the matching plan in the CMA for Anchorage. ( e ) Enhanced A-CAM Cybersecurity and Supply Chain Risk Management Requirements. ( 1 ) An Enhanced A-CAM carrier shall implement operational cybersecurity and supply chain risk management plans meeting the requirements of this section by January 1, 2024. ( 2 ) An Enhanced A-CAM carrier shall certify that it has implemented plans required under paragraph (e)(1) of this section and submit the plans to the Administrator by January 2, 2024 or within 30 days of approval under the Paperwork Reduction Act, whichever is later. ( 3 ) Enhanced A-CAM carriers that fail to comply with Enhanced A-CAM cybersecurity and supply chain risk management requirements are subject to the following non-compliance measures: ( i ) The Wireline Competition Bureau shall direct the Administrator to withhold 25 percent of the Enhanced A-CAM carrier's monthly support for failure to comply with paragraph (e)(2) of this section until the carrier makes the required certification and submits the required plans. ( ii ) At any time during the support term, if an Enhanced A-CAM carrier does not have in place operational cybersecurity and supply chain risk management plans meeting the requirements of this section, Wireline Competition Bureau shall direct the Administrator to withhold 25 percent of the carrier's monthly support. ( iii ) Once the carrier comes into compliance, the Administrator shall stop withholding support, and the carrier will receive all of the support that had been withheld pursuant to this section. ( 4 ) An Enhanced A-CAM carrier's cybersecurity risk management plans shall reflect the latest version of the National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity, and shall reflect an established set of cybersecurity best practices, such as the standards and controls set forth in the Cybersecurity & Infrastructure Security Agency (CISA) Cybersecurity Cross-sector Performance Goals and Objectives or the Center for Internet Security Critical Security Controls. ( 5 ) An Enhanced A-CAM carrier's supply chain risk management plans shall incorporate the key practices discussed in NISTIR 8276, Key Practices in Cyber Supply Chain Risk Management: Observations from Industry, and related supply chain risk management guidance from NIST 800-161. ( 6 ) If an Enhanced A-CAM carrier makes a substantive modification to its plans under this section, the carrier shall file an updated plan with the Administrator within 30 days of making the modification. A modification to a plan under this section is substantive if at least one of the following conditions apply: ( i ) There is a change in the plan's scope, including any addition, removal, or significant alternation to the types of risks covered by the plan ( e.g., expanding a plan to cover new areas such as supply chain risks to Internet of Things devices or cloud security could be a substantive change); ( ii ) There is a change in the plan's risk mitigation strategies ( e.g., implementing a new encryption protocol or deploying a different firewall architecture); ( iii ) There is a shift in organizational structure ( e.g., creating a new information technology department or hiring a Chief Information Security Officer); ( iv ) There is a shift in the threat landscape prompting the organization to recognize that emergence of new threats or vulnerabilities that weren't previously accounted for in the plan; ( v ) Any updates made to comply with new cybersecurity regulations, standards, or laws; ( vi ) Significant changes in the supply chain, including offboarding major suppliers or vendors, or shifts in procurement strategies that may impact the security of the supply chain; or ( vii ) Any large-scale technological changes, including the adoption of new systems or technologies, migrating to a new information technology infrastructure, or significantly changing the information technology architecture. [ 80 FR 4477 , Jan. 27, 2015, as amended at 80 FR 5987 , Feb. 4, 2015; 81 FR 24339 , Apr. 25, 2016; 81 FR 69712 , Oct. 7, 2016; 82 FR 14339 , Mar. 20, 2017; 84 FR 4730 , Feb. 19, 2019; 88 FR 55934 , Aug. 17, 2023] § 54.309 Connect America Fund Phase II Public Interest Obligations. ( a ) Recipients of Connect America Phase II support are required to offer broadband service with latency suitable for real-time applications, including Voice over Internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, at rates that are reasonably comparable to rates for comparable offerings in urban areas. For purposes of determining reasonable comparable usage capacity, recipients are presumed to meet this requirement if they meet or exceed the usage level announced by public notice issued by the Wireline Competition Bureau. For purposes of determining reasonable comparability of rates, recipients are presumed to meet this requirement if they offer rates at or below the applicable benchmark to be announced annually by public notice issued by the Wireline Competition Bureau, or no more than the non-promotional prices charged for a comparable fixed wireline service in urban areas in the state or U.S. Territory where the eligible telecommunications carrier receives support. ( 1 ) Recipients of Connect America Phase II model-based support are required to offer broadband service at actual speeds of at least 10 Mbps downstream/1 Mbps upstream. ( 2 ) Recipients of Connect America Phase II support awarded through a competitive bidding process are required to offer broadband service meeting the performance standards required in bid tiers based on performance standards. ( i ) Winning bidders meeting the minimum performance tier standards are required to offer broadband service at actual speeds of 10 Mbps downstream and 1 Mbps upstream and to offer at least 150 gigabytes of monthly usage. ( ii ) Winning bidders meeting the baseline performance tier standards are required to offer broadband service at actual speeds of at least 25 Mbps downstream and 3 Mbps upstream and offer a minimum usage allowance of 150 GB per month, or that reflects the average usage of a majority of fixed broadband customers, using Measuring Broadband America data or a similar data source, whichever is higher, and announced annually by public notice issued by the Wireline Competition Bureau over the 10-year term. ( iii ) Winning bidders meeting the above-baseline performance tier standards are required to offer broadband service at actual speeds of at least 100 Mbps downstream and 20 Mbps upstream and offer at least 2 terabytes of monthly usage. ( iv ) Winning bidders meeting the Gigabit performance tier standards are required to offer broadband service at actual speeds of at least 1 Gigabit per second downstream and 500 Mbps upstream and offer at least 2 terabytes of monthly usage. ( v ) For each of the tiers in paragraphs (a)(2)(i) through (iv) of this section, bidders are required to meet one of two latency performance levels: ( A ) Low latency bidders will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 100 milliseconds; and ( B ) High latency bidders will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 750 ms and, with respect to voice performance, demonstrate a score of four or higher using the Mean Opinion Score (MOS). ( b ) Recipients of Connect America Phase II model-based support, recipients of Phase II Connect America support awarded through a competitive bidding process, and non-contiguous price cap carriers receiving Phase II frozen support in lieu of model-based support are required to bid on category one telecommunications and Internet access services in response to a posted FCC Form 470 seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) located within any area in a census block where the carrier is receiving Phase II model-based support. Such bids must be at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. [ 80 FR 4477 , Jan. 27, 2015, as amended at 80 FR 5987 , Feb. 4, 2015; 81 FR 44448 , July 7, 2016; 83 FR 23380 , May 21, 2018] § 54.310 Connect America Fund for Price Cap Territories—Phase II. ( a ) Geographic areas eligible for support. Connect America Phase II support may be made available for census blocks or other areas identified as eligible by public notice, including locations identified by the forward-looking cost model as extremely high-cost. The number of supported locations will be identified for each area eligible for support will be identified by public notice. ( b ) Term of support. Connect America Phase II model-based support shall be provided to price cap carriers that elect to make a state-level commitment for six years. Connect America Phase II support awarded through a competitive bidding process shall be provided for ten years. ( c ) Deployment obligation. Recipients of Connect America Phase II model-based support must complete deployment to 40 percent of supported locations by December 31, 2017, to 60 percent of supported locations by December 31, 2018, to 80 percent of supported locations by December 31, 2019, and to 100 percent of supported locations by December 31, 2020. Recipients of Connect America Phase II support awarded through a competitive bidding process, including New York's New NY Broadband Program, must complete deployment to 40 percent of supported locations by December 31, 2022, to 60 percent of supported locations December 31, 2023, to 80 percent of supported locations by December 31, 2024, and to 100 percent of supported locations by December 31, 2025. Compliance shall be determined based on the total number of supported locations in a state. ( 1 ) For purposes of meeting the obligation to deploy to the requisite number of supported locations in a state, recipients of Connect America Phase II model-based support may serve unserved locations in census blocks with costs above the extremely high-cost threshold instead of locations in eligible census blocks, provided that they meet the public interest obligations set forth in § 54.309(a) introductory text and (a)(1) for those locations and provided that the total number of locations covered is greater than or equal to the number of supported locations in the state. ( 2 ) Recipients of Connect America Phase II support may elect to deploy to 95 percent of the number of supported locations in a given state with a corresponding reduction in support computed based on the average support per location in the state times 1.89. ( d ) Disbursement of Phase II funding. An eligible telecommunications carrier will be advised by public notice when it is authorized to receive support. The public notice will detail how disbursements will be made. ( e ) Provider eligibility. Any eligible telecommunications carrier is eligible to receive Connect America Phase II support in eligible areas. ( 1 ) An entity may obtain eligible telecommunications carrier designation after public notice of winning bidders in a competitive bidding process for the offer of Phase II Connect America support. An applicant in the competitive bidding process shall certify that it is financially and technically qualified to provide the services supported by Connect America Phase II in order to receive such support. ( 2 ) To the extent an applicant in the competitive bidding process seeks eligible telecommunications carrier designation prior to public notice of winning bidders for Phase II Connect America support, its designation as an eligible telecommunications carrier may be conditional subject to the receipt of Phase II Connect America support. ( f ) Transition to model-based support. Eligible telecommunications carriers electing model-based support in states where that support is less than their Phase I frozen support will transition to model-based support as follows: In addition to model-based support, in the first year of Phase II, they will receive 75% of the difference between Phase I frozen support and model-based support; in the second year of Phase II, they will receive 50% of the difference between Phase I frozen support and model-based support; and in the third year of Phase II, they will receive 25% of the difference between Phase I frozen support and model-based support. ( g ) Extended term of model-based support. Eligible telecommunications carriers receiving model-based support may elect to receive a seventh year of such support. An eligible telecommunications carrier electing to receive this additional year of support makes a state-level commitment to maintain the required voice and broadband services in the areas for which it receives support during this extended term. The Wireline Competition Bureau will implement a mechanism to enable an eligible telecommunications carrier to elect whether to receive an additional seventh year of support. ( h ) Transition to Rural Digital Opportunity Fund support. ( 1 ) In areas where the eligible telecommunications carrier elects to receive an optional seventh year of model-based support pursuant to paragraph (g) of this section, it shall receive such support for a full calendar year, regardless of the disposition of these areas in the Rural Digital Opportunity Fund auction. ( i ) If the eligible telecommunications carrier becomes the winning bidder in the Rural Digital Opportunity Fund auction in these areas, it shall continue to receive model-based support through December 31, 2021. Thereafter, it shall receive monthly support in the amount of its Rural Digital Opportunity Fund winning bid. ( ii ) If another provider is the winning bidder in the Rural Digital Opportunity Fund auction in these areas, the new provider shall receive monthly support in the amount of its Rural Digital Opportunity Fund winning bid starting the first day of the month following its authorization by the Wireline Competition Bureau. The eligible telecommunications carrier shall continue to receive model-based support for these areas through December 31, 2021. ( iii ) If there is no authorized Rural Digital Opportunity Fund auction support recipient in these areas or if these areas are deemed ineligible for the Rural Digital Opportunity Fund auction, the eligible telecommunications carrier shall continue to receive model-based support for these areas through December 31, 2021. Thereafter, it shall receive no additional support. ( 2 ) In areas where the eligible telecommunications carrier declines to receive an optional seventh year of model-based support pursuant to paragraph (g) of this section, it shall cease receiving model-based support for these areas on December 31, 2020. [ 79 FR 11335 , Feb. 28, 2014, as amended at 79 FR 39188 , July 9, 2014; 80 FR 4477 , Jan. 27, 2015; 81 FR 44449 , July 7, 2016; 85 FR 13797 , Mar. 10, 2020; 89 FR 25160 , Apr. 10, 2024] § 54.311 Connect America Fund Alternative-Connect America Cost Model Support. ( a ) Voluntary election of model-based support. A rate-of-return carrier (as that term is defined in § 54.5 ) receiving support pursuant to subparts K or M of this part shall have the opportunity to voluntarily elect, on a state-level basis, to receive Connect America Fund-Alternative Connect America Cost Model (CAF-ACAM) support as calculated by the Alternative-Connect America Cost Model (A-CAM) adopted by the Commission in lieu of support calculated pursuant to subparts K or M of this part , subject to the conditions specific to each A-CAM offer as determined by the Commission. Any rate-of-return carrier not electing support pursuant to this section shall continue to receive support calculated pursuant to those mechanisms as specified in Commission rules for high-cost support. ( 1 ) For the purposes of this section, “A-CAM I” refers to carriers initially authorized to receive CAF-ACAM support as of January 24, 2017, including any carriers that later elected revised offers, except for carriers described in paragraph (a)(2) of this section. For such carriers, the first program year of CAF-ACAM is 2017. ( 2 ) For the purposes of this section, “Revised A-CAM I” refers to carriers initially authorized to receive CAF-ACAM support as of January 24, 2017, and were subsequently authorized to receive CAF-ACAM pursuant to a revised offer on April 29, 2019. For such carriers, the first program year of CAF-ACAM is 2017. ( 3 ) For the purposes of this section, “A-CAM II” refers to carriers initially authorized to receive A-CAM support on August 22, 2019 or November 13, 2020. For such carriers, the first program year of CAF-ACAM is 2019. ( 4 ) For purposes of this section, “Enhanced A-CAM” refers to carriers authorized to receive Enhanced A-CAM support after October 1, 2023. For the purpose of determining deployment obligations for such carriers, the first program year of CAF-ACAM is 2025. ( b ) Geographic areas eligible for support. ( 1 ) CAF-ACAM model-based support, except for Enhanced A-CAM support, will be made available for a specific number of locations in census blocks identified as eligible for each carrier by public notice. The eligible areas and number of locations for each state identified by the public notice shall not change during the term of support identified in paragraph (c) of this section. ( 2 ) Enhanced A-CAM support will be made available for each carrier's service areas within the state, in consideration for the deployment and maintenance obligations described in § 54.308(a)(3) . ( c ) Term of support. CAF-ACAM model-based support shall be provided to A-CAM I carriers for a term that extends until December 31, 2026, to Revised A-CAM I and A-CAM II carriers for a term that extends until December 31, 2028, and to Enhanced A-CAM carriers for a term that extends from January 1, 2024, until December 31, 2038. ( d ) Interim deployment milestones. Recipients of CAF-ACAM model-based support must meet the following interim milestones with respect to their deployment obligations set forth in §§ 54.308(a)(1)(i) and 54.308(a)(3) . ( 1 ) A-CAM I and Revised A-CAM I carriers must complete deployment of 10/1 Mbps service to a number of eligible locations equal to 40 percent of fully funded locations by the end of 2020, to 50 percent of fully funded locations by the end of 2021, to 60 percent of fully funded locations by the end of 2022, to 70 percent of fully funded locations by the end of 2023, to 80 percent of fully funded locations by the end of 2024, to 90 percent of fully funded locations by the end of 2025, and to 100 percent of fully funded locations by the end of 2026. By the end of 2026, A-CAM I carriers must complete deployment of broadband meeting a standard of at least 25 Mbps downstream/3 Mbps upstream to the requisite number of locations specified in § 54.308(a)(1)(i) . For Revised A-CAM I carriers, the deployment milestones for 10/1 Mbps service described in this paragraph shall be based on the number of locations that were fully funded pursuant to authorizations made prior to January 1, 2019. ( 2 ) Revised A-CAM I and A-CAM II carriers must complete deployment of 25/3 Mbps service to a number of eligible locations equal to 40 percent of locations required by § 54.308(a)(1) of this subpart by the end of 2022, 50 percent of requisite locations by the end of 2023, 60 percent of requisite locations by the end of 2024, 70 percent of requisite location by the end of 2025, 80 percent of requisite locations by the end of 2026, 90 percent of requisite locations by the end of 2027, and 100 percent of requisite locations by the end of 2028. ( 3 ) For the purposes of A-CAM I, Revised A-CAM I, and A-CAM II, compliance shall be determined based on the total number of fully funded locations in a state. Carriers that complete deployment to at least 95 percent of the requisite number of locations will be deemed to be in compliance with their deployment obligations. The remaining locations that receive capped support are subject to the standard specified in § 54.308(a)(1)(ii) . ( 4 ) Enhanced A-CAM carriers must complete deployment of 100/20 Mbps service to a number of locations equal to 50 percent of locations required by § 54.308(a)(3)(i) by the end of 2026, 75 percent of requisite locations by the end of 2027, and 100 percent of requisite locations by the end of 2028. After December 31, 2023, to the extent that an Enhanced A-CAM carrier was subject to the interim deployment milestones set forth in § 54.311(d)(1) and (2) , the Enhanced A-CAM carrier will instead be subject to the interim deployment milestones set forth in this paragraph (d)(4) . ( e ) Transition to CAF-ACAM Support. An A-CAM I, Revised A-CAM I, A-CAM II, or Enhanced A-CAM carrier not previously subject to A-CAM support, any of whose final model-based support is less than the carrier's legacy rate-of-return support in its base year as defined in paragraph (e)(4) of this section, will transition as follows: ( 1 ) If the difference between a carrier's model-based support and its base year support, as determined by paragraph (e)(4) of this section, is ten percent or less, it will receive, in addition to model-based support, 50 percent of that difference in program year one, and then will receive model support in program years two through ten. ( 2 ) If the difference between a carrier's model-based support and its base year support, as determined in paragraph (e)(4) of this section, is 25 percent or less, but more than 10 percent, it will receive, in addition to model-based support, an additional transition payment for up to four years, and then will receive model support in program years five through ten. The transition payments will be phased-down 20 percent per year, provided that each phase-down amount is at least five percent of the total base year support amount. If 20 percent of the difference between a carrier's model-based support and base year support is less than five percent of the total base year support amount, the transition payments will be phased-down five percent of the total base year support amount each year. ( 3 ) If the difference between a carrier's model-based support and its base year support, as determined in paragraph (e)(4) of this section, is more than 25 percent, it will receive, in addition to model-based support, an additional transition payment for up to nine years, and then will receive model support in year ten. The transition payments will be phased-down ten percent per year, provided that each phase-down amount is at least five percent of the total base year support amount. If ten percent of the difference between a carrier's model-based support and its base year support is less than five percent of the total base year support amount, the transition payments will be phased-down five percent of the total base year support amount each year. ( 4 ) The carrier's base year support for purposes of the calculation of transition payments is: ( i ) For A-CAM I and Revised A-CAM I carriers, the amount of high-cost loop support and interstate common line support disbursed to the carrier for 2015 without regard to prior period adjustments related to years other than 2015, as determined by the Administrator as of January 31, 2016 and publicly announced prior to the election period for the voluntary path to the model; and ( ii ) For A-CAM II carriers, the amount of high-cost loop support and Connect America Fund—Broadband Loop Support disbursed to the carrier for 2018 without regard to prior period adjustments related to years other than 2018, as determined by the Administrator as of January 31, 2019 and publicly announced prior to the election period for the voluntary path to the model. ( iii ) For Enhanced A-CAM carriers not previously subject to A-CAM I, Revised A-CAM I, or A-CAM II, the amount of high-cost loop support and Connect America Fund—Broadband Loop Support disbursed to the carrier for 2022 without regard to prior period adjustments related to years other than 2022, as determined by the Administrator as of July 31, 2023 and publicly announced prior to the election period for the voluntary path to the model. The first year of the transition pursuant to this paragraph (e) will be 2035. ( 5 ) An Enhanced A-CAM carrier not previously subject to A-CAM I, Revised A-CAM I, or A-CAM II, and whose final model-based support is less than the carrier's legacy rate-of-return support in its base year as defined in paragraph (e)(4)(iii) of this section, will transition from its frozen base year support to its full Enhanced A-CAM support on the following schedule: ( i ) In 2024-2029, it will receive its frozen base year support. ( ii ) In 2030, it will receive its base year support minus 4% of the base year support; ( iii ) In 2031, it will receive its base year support minus 8% of the base year support; ( iv ) In 2032, it will receive its base year support minus 12% of the base year support; ( v ) In 2033, it will receive its base year support minus 16% of the base year support; ( vi ) In 2034, it will receive its base year support minus 20% of the base year support; ( vii ) In 2035-2038, it will transition to its Enhanced A-CAM support pursuant to paragraphs (e)(1) through (3) of this section. ( 6 ) An Enhanced A-CAM carrier that was previously subject to A-CAM I, Revised A-CAM I, or A-CAM II and will continue to receive transitional support consistent with its prior A-CAM I, Revised A-CAM I, or A-CAM II authorization, and will not have its transitional support amount adjusted to reflect its Enhanced A-CAM support amounts. ( f ) Legacy Carrier Transitioning to Higher Enhanced A-CAM. An Enhanced A-CAM carrier that was not subject to A-CAM I, Revised A-CAM I, or A-CAM II and whose final model-based support is more than the carrier's legacy rate-of-return support in its base year as defined in paragraph (f)(2) of this section, will transition from its frozen base year support to its full Enhanced A-CAM support. ( 1 ) The transition will occur on the following schedule: ( i ) In 2024-2029, it will receive its frozen base year support. ( ii ) In 2030, it will receive its base year support plus 20% of the difference between its base year support and its Enhanced A-CAM support; ( iii ) In 2031, it will receive its base year support plus 40% of the difference between its base year support and its Enhanced A-CAM support; ( iv ) In 2032, it will receive its base year support plus 60% of the difference between its base year support and its Enhanced A-CAM support; ( v ) In 2033, it will receive its base year support plus 80% of the difference between its base year support and its Enhanced A-CAM support; and ( vi ) In 2034, it will receive its Enhanced A-CAM support. ( 2 ) The carrier's base year support for purposes of the calculation of transition payments is the amount of high-cost loop support and Connect America Fund—Broadband Loop Support disbursed to the carrier for 2022 without regard to prior period adjustments related to years other than 2022, as determined by the Administrator as of July 31, 2023 and publicly announced prior to the election period for the voluntary path to the model. 81 FR 24340 , Apr. 25, 2016, as amended at 82 FR 14339 , Mar. 20, 2017; 84 FR 4731 , Feb. 19, 2019; 88 FR 55935 , Aug. 17, 2023] § 54.312 Connect America Fund for Price Cap Territories—Phase I. ( a ) Frozen High-Cost Support. Beginning January 1, 2012, each price cap local exchange carrier and rate-of-return carrier affiliated with a price cap local exchange carrier will have a “baseline support amount” equal to its total 2011 support in a given study area, or an amount equal to $3,000 times the number of reported lines for 2011, whichever is lower. For purposes of this section, price cap carriers are defined pursuant to § 61.3(aa) of this chapter and affiliated companies are determined by § 32.9000 of this chapter . Each price cap local exchange carrier and rate-of-return carrier affiliated with a price cap local exchange carrier will have a “monthly baseline support amount” equal to its baseline support amount divided by twelve. Beginning January 1, 2012, on a monthly basis, eligible carriers will receive their monthly baseline support amount. ( 1 ) “Total 2011 support” is the amount of support disbursed to a price cap local exchange carrier or rate-of-return carrier affiliated with a price cap local exchange carrier for 2011, without regard to prior period adjustments related to years other than 2011 and as determined by USAC on January 31, 2012. ( 2 ) For the purpose of calculating the $3,000 per line limit, the average of lines reported by a price cap local exchange carrier or rate-of-return carrier affiliated with a price cap local exchange carrier pursuant to line count filings required for December 31, 2010, and December 31, 2011 shall be used. ( 3 ) A carrier receiving frozen high cost support under this rule shall be deemed to be receiving Interstate Access Support and Interstate Common Line Support equal to the amount of support the carrier to which the carrier was eligible under those mechanisms in 2011. ( b ) Incremental Support in 2012. From January 1, 2012, to December 31, 2012, support in addition to baseline support defined in paragraph (a) of this section will be available for certain price cap local exchange carriers and rate-of-return carriers affiliated with price cap local exchange carriers as follows. ( 1 ) For each carrier for which the Wireline Competition Bureau determines that it has appropriate data or for which it determines that it can make reasonable estimates, the Bureau will determine an average per-location cost for each wire center using a simplified cost-estimation function derived from the Commission's cost model. Incremental support will be based on the wire centers for which the estimated per-location cost exceeds the funding threshold. The funding threshold will be determined by calculating which funding threshold would allocate all available incremental support, if each carrier that would be offered incremental support were to accept it. ( 2 ) An eligible telecommunications carrier accepting incremental support must deploy broadband to a number of unserved locations, as shown as unserved by fixed broadband on the then-current version of the National Broadband Map, equal to the amount of incremental support it accepts divided by $775. ( 3 ) A carrier may elect to accept or decline incremental support. A holding company may do so on a holding-company basis on behalf of its operating companies that are eligible telecommunications carriers, whose eligibility for incremental support, for these purposes, shall be considered on an aggregated basis. A carrier must provide notice to the Commission, relevant state commissions, and any affected Tribal government, stating the amount of incremental support it wishes to accept and identifying the areas by wire center and census block in which the designated eligible telecommunications carrier will deploy broadband to meet its deployment obligation, or stating that it declines incremental support. Such notification must be made within 90 days of being notified of any incremental support for which it would be eligible. Along with its notification, a carrier accepting incremental support must also submit a certification that the locations to be served to satisfy the deployment obligation are not shown as served by fixed broadband provided by any entity other than the certifying entity or its affiliate on the then-current version of the National Broadband Map; that, to the best of the carrier's knowledge, the locations are, in fact, unserved by fixed broadband; that the carrier's current capital improvement plan did not already include plans to complete broadband deployment within the next three years to the locations to be counted to satisfy the deployment obligation; and that incremental support will not be used to satisfy any merger commitment or similar regulatory obligation. If a carrier intends to deploy to census blocks not initially identified at the time of election, it must inform the Commission, the Administrator, relevant state commissions, and any affected Tribal government of the change at least 90 days prior to commencing deployment in the new census blocks. No sooner than 46 days after the Wireline Competition Bureau issues a public notice announcing the updated deployment plans but prior to commencing deployment, the carrier must make the certifications described in this paragraph with respect to the new census blocks. If a carrier no longer intends to deploy to a previously identified census block, it must inform the Commission, the Administrator, relevant state commission, and any affected Tribal government prior to filing its certification pursuant to § 54.313(b)(2) . ( c ) Incremental Support in 2013. From January 1, 2013, to December 31, 2013, support in addition to baseline support defined in paragraph (a) of this section will be available for certain price cap local exchange carriers and rate-of-return carriers affiliated with price cap local exchange carriers as follows: ( 1 ) For each carrier for which the Wireline Competition Bureau determines that it has appropriate data or for which it determines that it can make reasonable estimates, the Bureau will determine an average per-location cost for each wire center using a simplified cost-estimation function derived from the Commission's high-cost proxy model. Incremental support will be based on the wire centers for which the estimated per-location cost exceeds the funding threshold. The funding threshold will be determined by calculating which funding threshold would allocate all available incremental support, if each carrier that would be offered incremental support were to accept it. ( 2 ) An eligible telecommunications carrier accepting incremental support must deploy broadband to a number of unserved locations, shown as unserved by fixed Internet access with speeds of at least 768 kbps downstream and 200 kbps upstream on the then-current version of the National Broadband Map, equal to the amount of incremental support it accepts divided by $775. ( 3 ) An eligible telecommunications carrier must accept funding pursuant to paragraph (c)(2) of this section before it may accept funding pursuant to paragraph (c)(3) of this section. If an eligible telecommunications carrier has committed to deploy to all locations eligible for support under paragraph (c)(2) of this section on routes or projects that can economically be built with $775 in Connect America funding for each location unserved by 768 kbps downstream and 200 kbps upstream plus an equal amount of non-Connect America carrier capital expenditure funding, but the carrier has not fully utilized its allotted funding, it may also count towards its deployment obligation locations shown as unserved by fixed Internet access with speeds of at least 3 Mbps downstream and 768 kbps upstream equal to the amount of remaining incremental support divided by $550. ( 4 ) A carrier may elect to accept or decline incremental support. A holding company may do so on a holding-company basis on behalf of its operating companies that are eligible telecommunications carriers, whose eligibility for incremental support, for these purposes, shall be considered on an aggregated basis. A carrier must provide notice to the Commission, the Administrator, relevant state commissions, and any affected Tribal government, stating the amount of incremental support it wishes to accept, the number of locations at the $775 amount, and the number of locations at the $550 amount, and identifying the areas by wire center and census block in which the designated eligible telecommunications carrier will deploy broadband to meet its deployment obligation; or stating that it declines incremental support. Such notification must be made within 75 days of being notified of any incremental support for which it would be eligible. If a carrier intends to deploy to census blocks not initially identified at the time of election, it must inform the Commission, the Administrator, relevant state commissions, and any affected Tribal government of the change at least 90 days prior to commencing deployment in the new census blocks. No sooner than 46 days after the Wireline Competition Bureau issues a public notice announcing the updated deployment plans but prior to commencing deployment, the carrier must make the certifications described in paragraph (c)(5) of this section with respect to the new census blocks. If a carrier no longer intends to deploy to a previously identified census block, it must inform the Commission, the Administrator, relevant state commission, and any affected Tribal government prior to filing its certification pursuant to § 54.313(b)(2) . ( 5 ) Along with its notification, an eligible telecommunications carrier accepting incremental support must submit the following certifications: ( i ) The locations to be served to satisfy the deployment obligation are not shown as served by fixed broadband at the speeds specified in paragraph (c)(2) or (c)(3) of this section provided by any entity other than the certifying entity or its affiliate on the then-current version of the National Broadband Map or that it is challenging the National Broadband Map's designation of that census block under the challenge process in paragraph (c)(7) of this section; ( ii ) To the best of the carrier's knowledge, the locations are, in fact, unserved by fixed Internet access with speeds of at least 3 Mbps downstream and 768 kbps upstream, or 768 kbps downstream and 200 kbps upstream, as appropriate; ( iii ) The carrier's current capital improvement plan did not already include plans to complete broadband deployment within the next three years to the locations to be counted to satisfy the deployment obligation; ( iv ) Incremental support will not be used to satisfy any merger commitment or similar regulatory obligation; and ( v ) The carrier has undertaken due diligence to determine the locations in question are not within the service area of either Broadband Initiatives Program or the Broadband Technology Opportunities Program projects that will provide Internet access with speeds of at least 3 Mbps downstream and 768 upstream. ( 6 ) An eligible telecommunications carrier deploying to locations unserved by 3 Mbps downstream and 768 kbps upstream under paragraph (c)(3) of this section must also certify that it has prioritized its planned projects or routes so as to maximize the deployment of broadband-capable infrastructure to locations lacking Internet access with speeds of 768 kbps downstream and 200 kbps upstream. ( 7 ) A person may challenge the designation of a census block as served or unserved by a certain speed as shown on the National Broadband Map. When the Wireline Competition Bureau determines that the evidence presented makes it more likely than not that the census block should be designated as served by broadband with speeds of at least 3 Mbps downstream and 768 kbps upstream, that locations in that census block will be treated as served by broadband and therefore ineligible to be counted for the purposes of paragraph (c)(3) of this section. When the Wireline Competition Bureau determines that the evidence presented makes it more likely than not that the census block should be designated as served by Internet service with speeds of 768 kbps downstream and 200 kbps upstream, but unserved by broadband with speeds of at least 3 Mbps downstream and 768 kbps upstream, locations in that census block will be treated as served by Internet access with speeds of 768 kbps downstream and 200 kbps upstream and therefore eligible to be counted for the purposes of paragraph (c)(3) of this section. When the Wireline Competition Bureau determines that the evidence presented makes it more likely than not that the census block should be designated as unserved by Internet service with speeds of 768 kbps downstream and 200 kbps upstream, locations in that census block will be treated as unserved by Internet access with speeds of 768 kbps downstream and 200 kbps upstream and therefore eligible to be counted for the purposes of paragraph (c)(2) of this section. ( 8 ) If no entity other than the carrier or its affiliate provides Internet service with speeds of 3 Mbps downstream and 768 kbps upstream or greater as shown on the National Broadband Map or as determined by the process described in paragraph (c)(7), the carrier may satisfy its deployment obligations at a location shown by the National Broadband Map as being served by that carrier or its affiliate with such service by certifying that it is the only entity providing such service, that the location does not actually receive speeds of 3 Mbps downstream and 768 kbps upstream, and the location is served through a copper-fed digital subscriber line access multiplexer. The carrier must specifically identify such locations in its election. Such locations will be treated the same as locations under paragraph (c)(3) of this section. ( 9 ) An eligible telecommunications carrier must complete deployment of broadband-capable infrastructure to two-thirds of the required number of locations within two years of providing notification of acceptance of funding, and must complete deployment to all required locations within three years. To satisfy its deployment obligation, the eligible telecommunications carrier must offer broadband service to such locations of at least 4 Mbps downstream and 1 Mbps upstream, with latency sufficiently low to enable the use of real-time communications, including Voice over Internet Protocol, and with usage allowances, if any, associated with a specified price for a service offering that are reasonably comparable to comparable offerings in urban areas. ( d ) Eligibility for support after Connect America Phase II auction. ( 1 ) A price cap carrier that receives monthly baseline support pursuant to this section and is a winning bidder in the Connect America Phase II auction shall receive support at the same level as described in paragraph (a) of this section for such area until the Wireline Competition Bureau determines whether to authorize the carrier to receive Connect America Phase II auction support for the same area. Upon the Wireline Competition Bureau's release of a public notice approving a price cap carrier's application submitted pursuant to § 54.315(b) and authorizing the carrier to receive Connect America Fund Phase II auction support, the carrier shall no longer receive support at the level of monthly baseline support pursuant to this section for such area. Thereafter, the carrier shall receive monthly support in the amount of its Connect America Phase II winning bid. ( 2 ) Starting the first day of the month following the first authorization of Connect America Phase II auction support nationwide, no price cap carrier that receives monthly baseline support pursuant to this section shall receive such monthly baseline support for areas that are ineligible for Connect America Phase II auction support. ( 3 ) To the extent Connect America Phase II auction support is not awarded at auction for an eligible area, as determined by the Wireline Competition Bureau, the price cap carrier shall have the option of continuing to receive support at the level described in paragraph (a) of this section until further Commission action. ( 4 ) Starting the first day of the month following the authorization of Connect America Phase II auction support to a winning bidder other than the price cap carrier that receives monthly baseline support pursuant to this section for such area, the price cap carrier shall no longer receive monthly baseline support pursuant to this section. ( 5 ) Notwithstanding the foregoing schedule, the phase-down of support below the level described in paragraph (a) of this section shall be subject to the restrictions in Consolidated Appropriations Act, 2016, Public Law 114-113 , Div. E, Title VI, section 631, 129 Stat. 2242, 2470 (2015), unless and until such restrictions are no longer in effect. ( e ) Eligibility for support after Rural Digital Opportunity Fund auction. ( 1 ) A price cap carrier that receives monthly baseline support pursuant to this section and is a winning bidder in the Rural Digital Opportunity Fund auction shall receive support at the same level as described in paragraph (a) of this section for such area until the Wireline Competition Bureau determines whether to authorize the carrier to receive Rural Digital Opportunity Fund auction support for the same area. Upon the Wireline Competition Bureau's release of a public notice approving a price cap carrier's application submitted pursuant to § 54.315(b) and authorizing the carrier to receive Rural Digital Opportunity Fund auction support, the carrier shall no longer receive support at the level of monthly baseline support pursuant to this section for such area. Thereafter, the carrier shall receive monthly support in the amount of its Rural Digital Opportunity Fund winning bid. ( 2 ) Starting the first day of the month following the release of the final eligible areas list for the Rural Digital Opportunity Fund auction, as determined by the Wireline Competition Bureau, no price cap carrier that receives monthly baseline support pursuant to this section shall receive such monthly baseline support for areas that are ineligible for the Rural Digital Opportunity Fund auction. ( 3 ) Starting the first day of the month following the close of Phase I of the Rural Digital Opportunity Fund auction, no price cap carrier that receives monthly baseline support pursuant to this section shall receive such monthly baseline support for areas where Rural Digital Opportunity Fund auction support is not awarded at auction for an eligible area. ( 4 ) Starting the first day of the month following the authorization of Rural Digital Opportunity Fund auction support to a winning bidder other than the price cap carrier that receives monthly baseline support pursuant to this section for such area, the price cap carrier shall no longer receive monthly baseline support pursuant to this section. [ 76 FR 73872 , Nov. 29, 2011, as amended at 77 FR 31536 , May 29, 2012; 78 FR 38233 , June 26, 2013; 78 FR 48624 , Aug. 9, 2013; 84 FR 8624 , Mar. 11, 2019; 85 FR 13797 , Mar. 10, 2020] § 54.313 Annual reporting requirements for high-cost recipients. Cross Reference Link to an amendment published at 88 FR 55936 , Aug. 17, 2023. Cross Reference Link to an amendment published at 89 FR 25160 , Apr. 10, 2024. ( a ) Any recipient of high-cost support shall provide the following: ( 1 ) Certification that the carrier is able to function in emergency situations as set forth in § 54.202(a)(2) ; ( 2 ) A certification that the pricing of the company's voice services is no more than two standard deviations above the applicable national average urban rate for voice service, as specified in the most recent public notice issued by the Wireline Competition Bureau and Wireless Telecommunications Bureau; ( 3 ) A certification that the pricing of a service that meets the Commission's broadband public interest obligations is no more than the applicable benchmark to be announced annually in a public notice issued by the Wireline Competition Bureau, or is no more than the non-promotional price charged for a comparable fixed wireline service in urban areas in the states or U.S. Territories where the eligible telecommunications carrier receives support; ( 4 ) The recipient's holding company, operating companies, affiliates, and any branding (a “dba,” or “doing-business-as company” or brand designation), as well as universal service identifiers for each such entity by Study Area Codes, as that term is used by the Administrator. For purposes of this paragraph, “affiliates” has the meaning set forth in section 3(2) of the Communications Act of 1934, as amended; ( 5 ) To the extent the recipient serves Tribal lands, documents or information demonstrating that the ETC had discussions with Tribal governments that, at a minimum, included: ( i ) A needs assessment and deployment planning with a focus on Tribal community anchor institutions; ( ii ) Feasibility and sustainability planning; ( iii ) Marketing services in a culturally sensitive manner; ( iv ) Rights of way processes, land use permitting, facilities siting, environmental and cultural preservation review processes; and ( v ) Compliance with Tribal business and licensing requirements. Tribal business and licensing requirements include business practice licenses that Tribal and non-Tribal business entities, whether located on or off Tribal lands, must obtain upon application to the relevant Tribal government office or division to conduct any business or trade, or deliver any goods or services to the Tribes, Tribal members, or Tribal lands. These include certificates of public convenience and necessity, Tribal business licenses, master licenses, and other related forms of Tribal government licensure. ( 6 ) The results of network performance tests pursuant to the methodology and in the format determined by the Wireline Competition Bureau, Wireless Telecommunications Bureau, and Office of Engineering and Technology. ( b ) In addition to the information and certifications in paragraph (a) of this section: (1) Any recipient of incremental Connect America Phase I support pursuant to § 54.312(b) and (c) shall provide: (i) In its next annual report due after two years after filing a notice of acceptance of funding pursuant to § 54.312(b) and (c) , a certification that the company has deployed to no fewer than two-thirds of the required number of locations; and (ii) In its next annual report due after three years after filing a notice of acceptance of funding pursuant to § 54.312(b) and (c) , a certification that the company has deployed to all required locations and that it is offering broadband service of at least 4 Mbps downstream and 1 Mbps upstream, with latency sufficiently low to enable the use of real-time communications, including Voice over Internet Protocol, and with usage allowances, if any, associated with a specified price for a service offering that are reasonably comparable to comparable offerings in urban areas. (2) In addition to the information and certifications required in paragraph (b)(1) of this section, any recipient of incremental Connect America Phase I support pursuant to § 54.312(c) shall provide: (i) In its annual reports due after one, two, and three years after filing a notice of acceptance of funding pursuant to § 54.312(c) , a certification that, to the best of the recipient's knowledge, the locations in question are not receiving support under the Broadband Initiatives Program or the Broadband Technology Opportunities Program for projects that will provide broadband with speeds of at least 4 Mbps/1 Mbps; and (ii) In its annual reports due after one, two, and three years after filing a notice of acceptance of funding pursuant to § 54.312(c) , a statement of the total amount of capital funding expended in the previous year in meeting Connect America Phase I deployment obligations, accompanied by a list of census blocks indicating where funding was spent. ( c ) In addition to the information and certifications in paragraph (a) of this section, price cap carriers that receive frozen high-cost support pursuant to § 54.312(a) shall provide: ( 1 ) By July 1, 2013. A certification that frozen high-cost support the company received in 2012 was used consistent with the goal of achieving universal availability of voice and broadband; ( 2 ) By July 1, 2014. A certification that at least one-third of the frozen-high cost support the company received in 2013 was used to build and operate broadband-capable networks used to offer the provider's own retail broadband service in areas substantially unserved by an unsubsidized competitor; ( 3 ) By July 1, 2015. A certification that at least two-thirds of the frozen-high cost support the company received in 2014 was used to build and operate broadband-capable networks used to offer the provider's own retail broadband service in areas substantially unserved by an unsubsidized competitor; and ( 4 ) By July 1, 2016 and in subsequent years. A certification that all frozen-high cost support the company received in the previous year was used to build and operate broadband-capable networks used to offer the provider's own retail broadband service in areas substantially unserved by an unsubsidized competitor. Recipients of frozen high-cost support under § 54.1504(b) , for annual reports due July 1, 2024, 2025, and 2026, shall certify that such support received after June 1, 2023 was used for resiliency and redundancy measures and to maintain their network footprint for voice and broadband services as of June 1, 2023. ( d ) In addition to the information and certifications in paragraph (a) of this section, beginning July 1, 2013, price cap carriers receiving high-cost support to offset reductions in access charges shall provide a certification that the support received pursuant to § 54.304 in the prior calendar year was used to build and operate broadband-capable networks used to offer provider's own retail service in areas substantially unserved by an unsubsidized competitor. ( e ) In addition to the information and certifications in paragraph (a) of this section, the requirements in paragraphs (e)(1) and (2) of this section apply to recipients of Phase II, Rural Digital Opportunity Fund, Uniendo a Puerto Rico Fund Stage 2 fixed support, and Connect USVI Fund Stage 2 fixed support: ( 1 ) Any price cap carrier that elects to receive Connect America Phase II model-based support shall provide: ( i ) On July 1, 2016 a list of the geocoded locations already meeting the § 54.309 public interest obligations at the end of calendar year 2015, and the total amount of Phase II support, if any, the price cap carrier used for capital expenditures in 2015. ( ii ) On July 1, 2017 and every year thereafter ending July 1, 2021, the following information: ( A ) The number, names, and addresses of community anchor institutions to which the eligible telecommunications carrier newly began providing access to broadband service in the preceding calendar year; ( B ) The total amount of Phase II support, if any, the price cap carrier used for capital expenditures in the previous calendar year; and ( C ) A certification that it bid on category one telecommunications and Internet access services in response to all FCC Form 470 postings seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) located within any area in a census block where the carrier is receiving Phase II model-based support, and that such bids were at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. ( 2 ) Any recipient of Phase II, Rural Digital Opportunity Fund, Uniendo a Puerto Rico Fund Stage 2 fixed, or Connect USVI Fund Stage 2 fixed support awarded through a competitive bidding or application process shall provide: ( i ) Starting the first July 1st after receiving support until the July 1st after the recipient's support term has ended: ( A ) The number, names, and addresses of community anchor institutions to which the eligible telecommunications carrier newly began providing access to broadband service in the preceding calendar year; ( B ) The total amount of support, if any, the recipient used for capital expenditures in the previous calendar year; and ( C ) A certification that it bid on category one telecommunications and Internet access services in response to all FCC Form 470 postings seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) located within any area in a census block where the carrier is receiving support awarded through auction, and that such bids were at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. ( ii ) Starting the first July 1st after receiving support until the July 1st after the recipient's penultimate year of support, a certification that the recipient has available funds for all project costs that will exceed the amount of support that will be received for the next calendar year. ( iii ) Starting the first July 1st after meeting the final service milestone in § 54.310(c) or § 54.802(c) of this chapter until the July 1st after the Phase II recipient's or Rural Digital Opportunity Fund recipient's support term has ended, a certification that the Phase II-funded network that the Phase II auction recipient operated in the prior year meets the relevant performance requirements in § 54.309 of this chapter , or that the network that the Rural Digital Opportunity Fund recipient operated in the prior year meets the relevant performance requirements in § 54.805 for the Rural Digital Opportunity Fund. ( f ) In addition to the information and certifications in paragraph (a) of this section, any rate-of-return carrier shall provide: ( 1 ) Beginning July 1, 2015 and Every Year Thereafter. The following information: . ( i ) If the rate-of-return carrier is receiving support pursuant to subparts K and M of this part , a certification that it is taking reasonable steps to provide upon reasonable request broadband service at actual speeds of at least 25 Mbps downstream/3 Mbps upstream, with latency suitable for real-time applications, including Voice over internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas as determined in an annual survey, and that requests for such service are met within a reasonable amount of time; if the rate-of-return carrier receives CAF-ACAM support, a certification that it is meeting the relevant reasonable request standard; or if the rate-of-return carrier is receiving Alaska Plan support pursuant to § 54.306 , a certification that it is offering broadband service with latency suitable for real-time applications, including Voice over internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, and at speeds committed to in its approved performance plan to the locations it has reported pursuant to § 54.316(a) , subject to any limitations due to the availability of backhaul as specified in paragraph (g) of this section. ( ii ) The number, names, and addresses of community anchor institutions to which the ETC newly began providing access to broadband service in the preceding calendar year; and ( iii ) A certification that it bid on category one telecommunications and Internet access services in response to all reasonable requests in posted FCC Form 470s seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) within its service area, and that such bids were at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. ( 2 ) Privately held rate-of-return carriers only. A full and complete annual report of the company's financial condition and operations as of the end of the preceding fiscal year. ( i ) Recipients of loans from the Rural Utility Service (RUS) shall provide copies of their RUS Operating Report for Telecommunications Borrowers as filed with the RUS. Such carriers must make their underlying audit and related workpapers and financial information available upon request by the Commission, USAC, or the relevant state commission, relevant authority in a U.S. Territory, or Tribal government, as appropriate. ( ii ) All privately held rate-of-return carriers that are not recipients of loans from the RUS and whose financial statements are audited in the ordinary course of business must provide either: A copy of their audited financial statement; or a financial report in a format comparable to RUS Operating Report for Telecommunications Borrowers, accompanied by a copy of a management letter issued by the independent certified public accountant that performed the company's financial audit. A carrier choosing the latter option must make its audit and related workpapers and financial information available upon request by the Commission, USAC, or the relevant state commission, relevant authority in a U.S. Territory, or Tribal government, as appropriate. ( iii ) All other privately held rate-of-return carriers must provide either: A copy of their financial statement which has been subject to review by an independent certified public accountant; or a financial report in a format comparable to RUS Operating Report for Telecommunications Borrowers, with the underlying information subjected to a review by an independent certified public accountant and accompanied by an officer certification that: The carrier was not audited in the ordinary course of business for the preceding fiscal year; and that the reported data are accurate. If the carrier elects the second option, it must make the review and related workpapers and financial information available upon request by the Commission, USAC, or the relevant state commission, relevant authority in a U.S. Territory, or Tribal government, as appropriate. ( 3 ) For rate-of-return carriers participating in the Alaska Plan, funding recipients must certify as to whether any terrestrial backhaul or other satellite backhaul became commercially available in the previous calendar year in areas that were previously served exclusively by performance-limiting satellite backhaul. To the extent that such new terrestrial backhaul facilities are constructed, or other satellite backhaul become commercially available, or existing facilities improve sufficiently to meet the relevant speed, latency and capacity requirements then in effect for broadband service supported by the Alaska Plan, the funding recipient must provide a description of the backhaul technology, the date at which that backhaul was made commercially available to the carrier, and the number of locations that are newly served by the new terrestrial backhaul or other satellite backhaul. Within twelve months of the new backhaul facilities becoming commercially available, funding recipients must certify that they are offering broadband service with latency suitable for real-time applications, including Voice over Internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas. Funding recipients' minimum speed deployment obligations will be reassessed as specified by the Commission. ( 4 ) If applicable, the name of any cost consultant and cost consulting firm, or other third-party, retained to prepare financial and operations data disclosures submitted to the National Exchange Carrier Association (NECA), the Administrator or the Commission pursuant to subpart D , K , or M of this part . ( 5 ) Rate-of-return carriers receiving support pursuant to the Alternative Connect America Model or the Alaska Plan, that are not otherwise required to file count data pursuant to § 54.903(a)(1) of this subpart , must file the line count data required by § 54.903(a)(1) . ( 6 ) Enhanced A-CAM carriers must provide the following: ( i ) Enhanced A-CAM carriers must certify that, in the previous calendar year, they participated, in good faith, in any relevant BEAD Program challenge processes or other processes conducted by states or other BEAD Program eligible entities to determine the eligibility of locations for the BEAD Program, and that they otherwise coordinated with states, Tribes, and other eligible entities to help avoid duplicative federal broadband funding. Additionally, Enhanced A-CAM carriers must certify that, in the previous calendar year, they complied with the obligation not to receive or use BEAD Program funding or other future federal grant funding, unless otherwise specified by the Commission or Bureau, that supports broadband deployment for those locations for which they are receiving Enhanced A-CAM support. ( ii ) Enhanced A-CAM carriers must describe how and certify that, in the previous calendar year, they continued to participate in the Affordable Connectivity Program or any substantially similar successor program, as required by the terms of their Enhanced A-CAM offers. ( iii ) Enhanced A-CAM carriers must certify that they have maintained their cybersecurity and supply chain risk management plans pursuant to § 54.308(e) , report whether they filed any substantive modifications pursuant to § 54.308(e)(6) in the prior year, and report the date they filed any substantive modifications. ( g ) Areas with no terrestrial backhaul. Carriers without access to terrestrial backhaul that are compelled to rely exclusively on satellite backhaul in their study area must certify annually that no terrestrial backhaul options exist. Any such funding recipients must certify they offer broadband service at actual speeds of at least 1 Mbps downstream and 256 kbps upstream within the supported area served by satellite middle-mile facilities. To the extent that new terrestrial backhaul facilities are constructed, or existing facilities improve sufficiently to meet the relevant speed, latency and capacity requirements then in effect for broadband service supported by the Connect America Fund, within twelve months of the new backhaul facilities becoming commercially available, funding recipients must provide the certifications required in paragraphs (e) or (f) of this section in full. Carriers subject to this paragraph must comply with all other requirements set forth in the remaining paragraphs of this section. These obligations may be modified for carriers participating in the Alaska Plan. ( h ) In their annual reporting due by July 1, 2019 and July 1, 2020, all incumbent local exchange carrier recipients of high-cost support must report all of their rates for residential local service for all portions of their service area, as well as state regulated fees, to the extent the sum of those rates and fees are below $18, and the number of lines for each rate specified. Carriers shall report lines and rates in effect as of June 1. For purposes of this subsection, state regulated fees shall be limited to state subscriber line charges, state universal service fees and mandatory extended area service charges. ( i ) All reports pursuant to this section shall be filed with the Office of the Secretary of the Commission clearly referencing WC Docket No. 14-58, with the Administrator, and with the relevant state commissions or relevant authority in a U.S. Territory, or Tribal governments, as appropriate. ( j ) Filing deadlines. ( 1 ) In order for a recipient of high-cost support to continue to receive support for the following calendar year, or retain its eligible telecommunications carrier designation, it must submit the annual reporting information required by this section annually by July 1 of each year. Eligible telecommunications carriers that file their reports after the July 1 deadline shall receive a reduction in support pursuant to the following schedule: ( i ) An eligible telecommunications carrier that files after the July 1 deadline, but by July 8, will have its support reduced in an amount equivalent to seven days in support; ( ii ) An eligible telecommunications carrier that files on or after July 9 will have its support reduced on a pro-rata daily basis equivalent to the period of non-compliance, plus the minimum seven-day reduction. ( 2 ) Grace period. An eligible telecommunications carrier that submits the annual reporting information required by this section after July 1 but before July 5 will not receive a reduction in support if the eligible telecommunications carrier and its holding company, operating companies, and affiliates as reported pursuant to paragraph (a)(8) of this section have not missed the July 1 deadline in any prior year. ( k ) This section does not apply to recipients that solely receive support from Phase I of the Mobility Fund. ( l ) In addition to the information and certifications in paragraph (a) of this section, any competitive eligible telecommunications carrier participating in the Alaska Plan must provide the following: ( 1 ) Funding recipients that have identified in their approved performance plans that they rely exclusively on satellite backhaul for a certain portion of the population in their service area must certify as to whether any terrestrial backhaul or other satellite backhaul became commercially available in the previous calendar year in areas that were previously served exclusively by satellite backhaul. To the extent that new terrestrial backhaul facilities are constructed or other satellite backhaul become commercially available, the funding recipient must: ( i ) Provide a description of the backhaul technology; ( ii ) Provide the date on which that backhaul was made commercially available to the carrier; ( iii ) Provide the number of the population within their service area that are served by the newly available backhaul option; and ( iv ) To the extent the funding recipient has not already committed to providing 4G LTE at 10/1 Mbps to the population served by the newly available backhaul by the end of the plan term, submit a revised performance commitment factoring in the availability of the new backhaul option no later than the due date of the Form 481 in which they have certified that such backhaul became commercially available. ( 2 ) [Reserved] ( m ) Any price cap carrier or fixed competitive eligible telecommunications carrier that elects to continue receiving support pursuant to § 54.312(d) or § 54.307(e)(2)(iii) shall provide certifications, starting July 1, 2020 and for each subsequent year they receive such support, that all such support the company received in the previous year was used to provide voice service throughout the high-cost and extremely high-cost census blocks where they continue to have the federal high-cost eligible telecommunications carrier obligation to provide voice service pursuant to § 54.201(d) at rates that are reasonably comparable to comparable offerings in urban areas. Any price cap carrier or fixed competitive eligible telecommunications carrier that solely receives support pursuant to § 54.312(d) or § 54.307(e)(2)(iii) in its designated service area shall not be subject to reporting requirements in any other paragraphs in this section for such support. ( n ) Recipients of Uniendo a Puerto Rico Fund Stage 2 fixed and mobile support and Connect USVI Fund Stage 2 fixed and mobile support shall certify that such support was not used for costs that are (or will be) reimbursed by other sources of support, including Federal or local government aid or insurance reimbursements; and that support was not used for other purposes, such as the retirement of company debt unrelated to eligible expenditures, or other expenses not directly related to network restoration, hardening, and expansion consistent with the framework of the Uniendo a Puerto Rico Fund or Connect USVI Fund, respectively. Recipients of fixed and mobile support from Stage 2 of the Uniendo a Puerto Rico Fund and the Connect USVI Fund shall certify that they have conducted an annual review of the documentation required by § 54.1515(a) through (c) to determine the need for and to implement changes or revisions to disaster preparation and recovery documentation. ( o ) Recipients of Uniendo a Puerto Rico Fund or Connect USVI Fund Stage 2 mobile support and recipients of transitional support under § 54.1516 shall certify that they are in compliance with all requirements in this part for receipt of such support to continue. ( p ) [Reserved] ( q ) Recipients of transitional support under § 54.1516 , as part of either the Uniendo a Puerto Rico Fund or Connect USVI Fund shall certify that such support was not used for costs that are (or will be) reimbursed by other sources of support, including Federal or local government aid or insurance reimbursements; and that support was not used for other purposes, such as the retirement of company debt unrelated to eligible expenditures, or other expenses not directly related to network restoration, hardening, and expansion consistent with the framework of the Uniendo a Puerto Rico Fund or Connect USVI Fund, respectively. Recipients of transitional support under § 54.1516 shall certify that they have conducted an annual review of the documentation required by § 54.1515(a) through (c) or § 54.1524 , respectively, to determine the need for and to implement changes or revisions to disaster preparation and recovery documentation. [ 76 FR 73873 , Nov. 29, 2011, as amended at 77 FR 14302 , Mar. 9, 2012; 77 FR 30914 , May 24, 2012; 78 FR 22201 , Apr. 15, 2013; 78 FR 29656 , May 21, 2013; 78 FR 3843 , Jan. 17, 2013; 78 FR 38233 , June 26, 2013; 79 FR 11336 , Feb. 28, 2014; 79 FR 39189 , July 9, 2014; 80 FR 4477 , Jan. 27, 2015; 81 FR 24341 , Apr. 25, 2016; 81 FR 44449 , July 7, 2016; 81 FR 69713 , Oct. 7, 2016; 82 FR 15450 , Mar. 28, 2017; 82 FR 39969 , Aug. 23, 2017; 83 FR 18964 , May 1, 2018; 84 FR 4732 , Feb. 19, 2019; 84 FR 8624 , Mar. 11, 2019; 84 FR 19876 , May 7, 2019; ; 85 FR 59963 , Nov. 7, 2019; 85 FR 13797 , Mar. 10, 2020; 85 FR 75819 , Nov. 25, 2020; 88 FR 28999 , May 5, 2023; 88 FR 55936 , Aug. 17, 2023] Effective Date Note Effective Date Notes: 1. At 77 FR 14302 , Mar. 9, 2012, § 54.313(a)(9) introductory text and (f)(2) were revised. These paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. 2. At 79 FR 11336 , Feb. 28, 2014, § 54.313(e)(1) , (e)(2) , and (e)(3) introductory text were revised. These paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. 3. At 80 FR 4476 , Jan. 27, 2015, § 54.313 (a)(12) was added and (e) was revised. These paragraphs contain information collection and record keeping requirements and will not become effective until approval has been given by the Office of Management and Budget. 4. At 85 FR 75819 , Nov. 25, 2020, § 54.313 was amended by revising paragraph (n). This paragraph has a delayed effective date, the revised text is set forth to read as follow. § 54.313 Annual reporting requirements for high-cost recipients. (n) In addition to the information and certifications in paragraph (a) of this section, a mobile competitive eligible telecommunications carrier receiving legacy high-cost support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall certify whether it used any support pursuant to § 54.207(f) , and if so, whether it used such support in compliance with § 54.7 . 5. 88 FR 55936 , Aug. 17, 2023, § 54.313 was amended by revising paragraph (f)(1)(i) and adding (f)(6)(i), however these paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 54.314 Certification of support for eligible telecommunications carriers. Cross Reference Link to an amendment published at 89 FR 25161 , Apr. 10, 2024. ( a ) Certification. States that desire eligible telecommunications carriers to receive support pursuant to the high-cost program must file an annual certification with the Administrator and the Commission stating that all federal high-cost support provided to such carriers within that State was used in the preceding calendar year and will be used in the coming calendar year only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. High-cost support shall only be provided to the extent that the State has filed the requisite certification pursuant to this section. ( b ) Carriers not subject to State jurisdiction. An eligible telecommunications carrier not subject to the jurisdiction of a State that desires to receive support pursuant to the high-cost program must file an annual certification with the Administrator and the Commission stating that all federal high-cost support provided to such carrier was used in the preceding calendar year and will be used in the coming calendar year only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. Support provided pursuant to the high-cost program shall only be provided to the extent that the carrier has filed the requisite certification pursuant to this section. ( c ) Certification format. ( 1 ) A certification pursuant to this section may be filed in the form of a letter from the appropriate regulatory authority for the State, and must be filed with both the Office of the Secretary of the Commission clearly referencing WC Docket No. 14-58, and with the Administrator of the high-cost support mechanism, on or before the deadlines set forth in paragraph (d) of this section. If provided by the appropriate regulatory authority for the State, the annual certification must identify which carriers in the State are eligible to receive federal support during the applicable 12-month period, and must certify that those carriers only used support during the preceding calendar year and will only use support in the coming calendar year for the provision, maintenance, and upgrading of facilities and services for which support is intended. A State may file a supplemental certification for carriers not subject to the State's annual certification. All certificates filed by a State pursuant to this section shall become part of the public record maintained by the Commission. ( 2 ) An eligible telecommunications carrier not subject to the jurisdiction of a State shall file a sworn affidavit executed by a corporate officer attesting that the carrier only used support during the preceding calendar year and will only use support in the coming calendar year for the provision, maintenance, and upgrading of facilities and services for which support is intended. The affidavit must be filed with both the Office of the Secretary of the Commission clearly referencing WC Docket No. 14-58, and with the Administrator of the high-cost universal service support mechanism, on or before the deadlines set forth in paragraph (d) of this section. All affidavits filed pursuant to this section shall become part of the public record maintained by the Commission. ( d ) Filing deadlines. ( 1 ) In order for an eligible telecommunications carrier to receive federal high-cost support, the state or the eligible telecommunications carrier, if not subject to the jurisdiction of a state, must file an annual certification, as described in paragraph (c) of this section, with both the Administrator and the Commission by October 1 of each year. If a state or eligible telecommunications carrier files the annual certification after the October 1 deadline, the carrier subject to the certification shall receive a reduction in its support pursuant to the following schedule: ( i ) An eligible telecommunications carrier subject to certifications filed after the October 1 deadline, but by October 8, will have its support reduced in an amount equivalent to seven days in support; ( ii ) An eligible telecommunications carrier subject to certifications filed on or after October 9 will have its support reduced on a pro-rata daily basis equivalent to the period of non-compliance, plus the minimum seven-day reduction. ( 2 ) Grace period. If an eligible telecommunications carrier or state submits the annual certification required by this section after October 1 but before October 5, the eligible telecommunications carrier subject to the certification will not receive a reduction in support if the eligible telecommunications carrier and its holding company, operating companies, and affiliates as reported pursuant to § 54.313(a)(8) have not missed the October 1 deadline in any prior year. [ 76 FR 73875 , Nov. 29, 2011; 79 FR 39189 , July 9, 2014; 80 FR 4477 , Jan. 27, 2015] § 54.315 Application process for Connect America Fund phase II support distributed through competitive bidding. ( a ) Application to participate in competitive bidding for Phase II support. In addition to providing information specified in § 1.21001(b) of this chapter and any other information required by the Commission, an applicant to participate in competitive bidding for Phase II auction support shall: ( 1 ) Provide ownership information as set forth in § 1.2112(a) of this chapter ; ( 2 ) Certify that the applicant is financially and technically qualified to meet the public interest obligations of § 54.309 for each relevant tier and in each area for which it seeks support; ( 3 ) Disclose its status as an eligible telecommunications carrier to the extent applicable and certify that it acknowledges that it must be designated as an eligible telecommunications carrier for the area in which it will receive support prior to being authorized to receive support; ( 4 ) Indicate the tier of bids that the applicant plans to make and describe the technology or technologies that will be used to provide service for each tier of bid; ( 5 ) Submit any information required to establish eligibility for any bidding weights adopted by the Commission in an order or public notice; ( 6 ) To the extent that an applicant plans to use spectrum to offer its voice and broadband services, demonstrate it has the proper authorizations, if applicable, and access to operate on the spectrum it intends to use, and that the spectrum resources will be sufficient to cover peak network usage and deliver the minimum performance requirements to serve all of the fixed locations in eligible areas, and certify that it will retain its access to the spectrum for at least 10 years from the date of the funding authorization; and ( 7 ) Submit specified operational and financial information. ( i ) Submit a certification that the applicant has provided a voice, broadband, and/or electric transmission or distribution service for at least two years or that it is a wholly-owned subsidiary of such an entity, and specifying the number of years the applicant or its parent company has been operating, and submit the financial statements from the prior fiscal year that are audited by a certified public accountant. If the applicant is not audited in the ordinary course of business, in lieu of submitting audited financial statements it must certify that it will provide financial statements from the prior fiscal year that are audited by a certified independent public accountant by a specified deadline during the long-form application review process. ( A ) If the applicant has provided a voice and/or broadband service it must certify that it has filed FCC Form 477s as required during this time period. ( B ) If the applicant has operated only an electric transmission or distribution service, it must submit qualified operating or financial reports that it has filed with the relevant financial institution for the relevant time period along with a certification that the submission is a true and accurate copy of the reports that were provided to the relevant financial institution. ( ii ) If an applicant cannot meet the requirements in paragraph (a)(7)(i) of this section, in the alternative it must submit the audited financial statements from the three most recent fiscal years and a letter of interest from a bank meeting the qualifications set forth in paragraph (c)(2) of this section, that the bank would provide a letter of credit as described in paragraph (c) of this section to the bidder if the bidder were selected for bids of a certain dollar magnitude. ( b ) Application by winning bidders for Phase II auction support — ( 1 ) Deadline. As provided by public notice, winning bidders for Phase II auction support shall file an application for Phase II auction support no later than the number of business days specified after the public notice identifying them as winning bidders. ( 2 ) Application contents. An application for Phase II auction support must contain: ( i ) Identification of the party seeking the support, including ownership information as set forth in § 1.2112(a) of this chapter ; ( ii ) Certification that the applicant is financially and technically qualified to meet the public interest obligations of § 54.309 for each tier in which it is a winning bidder and in each area for which it seeks support; ( iii ) Certification that the applicant will meet the relevant public interest obligations for each relevant tier, including the requirement that it will offer service at rates that are equal or lower to the Commission's reasonable comparability benchmarks for fixed wireline services offered in urban areas; ( iv ) A description of the technology and system design the applicant intends to use to deliver voice and broadband service, including a network diagram which must be certified by a professional engineer. The professional engineer must certify that the network is capable of delivering, to at least 95 percent of the required number of locations in each relevant state, voice and broadband service that meets the requisite performance requirements in § 54.309 ; ( v ) Certification that the applicant will have available funds for all project costs that exceed the amount of support to be received from the Phase II auction for the first two years of its support term and that the applicant will comply with all program requirements, including service milestones; ( vi ) A description of how the required construction will be funded, including financial projections that demonstrate the applicant can cover the necessary debt service payments over the life of the loan, if any; ( vii ) Certification that the party submitting the application is authorized to do so on behalf of the applicant; and ( viii ) Such additional information as the Commission may require. ( 3 ) No later than the number of days provided by public notice, the applicant shall submit a letter from a bank meeting the eligibility requirements outlined in paragraph (c) of this section committing to issue an irrevocable stand-by letter of credit, in the required form, to the winning bidder. The letter shall at a minimum provide the dollar amount of the letter of credit and the issuing bank's agreement to follow the terms and conditions of the Commission's model letter of credit. ( 4 ) No later than 180 days after the public notice identifying them as a winning bidder, bidders that did not submit audited financial statements in their short-form application pursuant to paragraph (a)(7)(i) of this section must submit the financial statements from the prior fiscal year that are audited by a certified independent public accountant. ( 5 ) No later than 180 days after the public notice identifying it as a winning bidder, the applicant shall certify that it is an eligible telecommunications carrier in any area for which it seeks support and submit the relevant documentation supporting that certification. ( 6 ) Application processing. ( i ) No application will be considered unless it has been submitted in an acceptable form during the period specified by public notice. No applications submitted or demonstrations made at any other time shall be accepted or considered. ( ii ) Any application that, as of the submission deadline, either does not identify the applicant seeking support as specified in the public notice announcing application procedures or does not include required certifications shall be denied. ( iii ) An applicant may be afforded an opportunity to make minor modifications to amend its application or correct defects noted by the applicant, the Commission, the Administrator, or other parties. Minor modifications include correcting typographical errors in the application and supplying non-material information that was inadvertently omitted or was not available at the time the application was submitted. ( iv ) Applications to which major modifications are made after the deadline for submitting applications shall be denied. Major modifications include, but are not limited to, any changes in the ownership of the applicant that constitute an assignment or change of control, or the identity of the applicant, or the certifications required in the application. ( v ) After receipt and review of the applications, a public notice shall identify each winning bidder that may be authorized to receive Phase II auction support after the winning bidder submits a letter of credit and an accompanying opinion letter as described in paragraph (c) of this section, in a form acceptable to the Commission. Each such winning bidder shall submit a letter of credit and accompanying opinion letter as required by paragraph (c) of this section, in a form acceptable to the Commission no later than the number of business days provided by public notice. ( vi ) After receipt of all necessary information, a public notice will identify each winning bidder that is authorized to receive Phase II auction support. ( c ) Letter of credit. Before being authorized to receive Phase II auction support, a winning bidder shall obtain an irrevocable standby letter of credit which shall be acceptable in all respects to the Commission. ( 1 ) Value. Each recipient authorized to receive Phase II support shall maintain the standby letter of credit or multiple standby letters of credit in an amount equal to at a minimum the amount of Phase II auction support that has been disbursed and that will be disbursed in the coming year, until the Universal Service Administrative Company has verified that the recipient met the final service milestone as described in § 54.310(c) . ( i ) Once the recipient has met its 60 percent service milestone, it may obtain a new letter of credit or renew its existing letter of credit so that it is valued at a minimum at 90 percent of the total support amount already disbursed plus the amount that will be disbursed in the coming year. ( ii ) Once the recipient has met its 80 percent service milestone, it may obtain a new letter of credit or renew its existing letter of credit so that it is valued at a minimum at 60 percent of the total support that has been disbursed plus the amount that will be disbursed in the coming year. ( 2 ) The bank issuing the letter of credit shall be acceptable to the Commission. A bank that is acceptable to the Commission is: ( i ) Any United States bank ( A ) That is insured by the Federal Deposit Insurance Corporation, and ( B ) That has a bank safety rating issued by Weiss of B- or better; or ( ii ) CoBank, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB- or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iii ) The National Rural Utilities Cooperative Finance Corporation, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB- or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iv ) Any non-United States bank ( A ) That is among the 100 largest non-U.S. banks in the world, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit (determined on a U.S. dollar equivalent basis as of such date); ( B ) Has a branch office: ( 1 ) Located in the District of Columbia; or ( 2 ) Located in New York City, New York, or such other branch office agreed to by the Commission, that will accept a letter of credit presentation from the Administrator via overnight courier, in addition to in-person presentations; ( C ) Has a long-term unsecured credit rating issued by a widely-recognized credit rating agency that is equivalent to a BBB- or better rating by Standard & Poor's; and ( D ) Issues the letter of credit payable in United States dollars ( 3 ) A winning bidder for Phase II auction support shall provide with its letter of credit an opinion letter from its legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that in a proceeding under Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the “Bankruptcy Code”), the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the winning bidder's bankruptcy estate under section 541 of the Bankruptcy Code. ( 4 ) Authorization to receive Phase II auction support is conditioned upon full and timely performance of all of the requirements set forth in this section, and any additional terms and conditions upon which the support was granted. ( i ) Failure by a Phase II auction support recipient to meet its service milestones as required by § 54.310 will trigger reporting obligations and the withholding of support as described in § 54.320(d) . Failure to come into full compliance within 12 months will trigger a recovery action by the Universal Service Administrative Company. If the Phase II recipient does not repay the requisite amount of support within six months, the Universal Service Administrative Company will be entitled to draw the entire amount of the letter of credit and may disqualify the Phase II auction support recipient from the receipt of Phase II auction support or additional universal service support. ( ii ) The default will be evidenced by a letter issued by the Chief of the Wireline Competition Bureau or the Wireless Telecommunications Bureau, or their respective designees, which letter, attached to a standby letter of credit draw certificate, shall be sufficient for a draw on the standby letter of credit for the entire amount of the standby letter of credit. [ 81 FR 44449 , July 7, 2016, as amended at 83 FR 15994 , Apr. 13, 2018; 83 FR 18454 , Apr. 27, 2018; 85 FR 75819 , Nov. 25, 2020; 89 FR 25161 , Apr. 10, 2024] § 54.316 Broadband deployment reporting and certification requirements for high-cost recipients. Cross Reference Link to an amendment published at 88 FR 55937 , Aug. 17, 2023. Cross Reference Link to an amendment published at 89 FR 25161 , Apr. 10, 2024. ( a ) Broadband deployment reporting. Rate-of Return ETCs, ETCs that elect to receive Connect America Phase II model-based support, and ETCs awarded support to serve fixed locations through a competitive bidding process shall have the following broadband reporting obligations: ( 1 ) Recipients of high-cost support with defined broadband deployment obligations pursuant to § 54.308(a) , 54.308(c) , or § 54.310(c) shall provide to the Administrator on a recurring basis information regarding the locations to which the eligible telecommunications carrier is offering broadband service in satisfaction of its public interest obligations, as defined in either § 54.308 or § 54.309 . ( 2 ) Recipients subject to the requirements of § 54.308(a)(1) shall report the number of locations for each state and locational information, including geocodes, separately indicating whether they are offering service providing speeds of at least 4 Mbps downstream/1 Mbps upstream, 10 Mbps downstream/1 Mbps upstream, and 25 Mbps downstream/3 Mbps upstream. ( 3 ) Recipients subject to the requirements of § 54.308(a)(2) shall report the number of newly served locations for each study area and locational information, including geocodes, separately indicating whether they are offering service providing speeds of at least 4 Mbps downstream/1 Mbps upstream, 10 Mbps downstream/1 Mbps upstream, and 25 Mbps downstream/3 Mbps upstream. ( 4 ) Recipients subject to the requirements of § 54.310(c) shall report the number of locations for each state and locational information, including geocodes, where they are offering service at the requisite speeds. Recipients of Connect America Phase II auction support shall also report the technology they use to serve those locations. ( 5 ) Recipients subject to the requirements of § 54.308(c) shall report the number of newly deployed and upgraded locations and locational information, including geocodes, where they are offering service providing speeds they committed to in their adopted performance plans pursuant to § 54.306(b) . ( 6 ) Recipients subject to the requirements of § 54.308(c) or § 54.317(e) shall submit fiber network maps or microwave network maps covering eligible areas. At the end of any calendar year for which middle-mile facilities were deployed, these recipients shall also submit updated maps showing middle-mile facilities that are or will be used to support their services in eligible areas. ( 7 ) Recipients subject to the requirements of § 54.1506 shall report the number of locations for Puerto Rico and the U.S. Virgin Islands and locational information, including geocodes, where they are offering service at the requisite speeds. Recipients shall also report the technologies they use to serve those locations. ( 8 ) Recipients subject to the requirements of § 54.802(c) shall report the number of locations for each state and locational information, including geocodes, where they are offering service at the requisite speeds. Recipients of Rural Digital Opportunity Fund support shall also report the technology they use to serve those locations. ( b ) Broadband deployment certifications. Rate-of Return ETCs, ETCs that elect to receive Connect America Phase II model-based support, and ETCs awarded support through a competitive bidding process shall have the following broadband deployment certification obligations: ( 1 ) Price cap carriers that elect to receive Connect America Phase II model-based support shall provide: No later than March 1, 2017, and every year thereafter ending on no later than March 1, 2021, a certification that by the end of the prior calendar year, it was offering broadband meeting the requisite public interest obligations specified in § 54.309 to the required percentage of its supported locations in each state as set forth in § 54.310(c) . ( 2 ) Rate-of-return carriers electing CAF-ACAM support pursuant to § 54.311 , other than Enhanced A-CAM carriers, shall provide: ( i ) No later than March 1, 2021, and every year thereafter ending on no later than March 1, 2029, a certification that by the end of the prior calendar year, it was offering broadband meeting the requisite public interest obligations specified in § 54.308 to the required percentage of its fully funded locations in the state, pursuant to the interim deployment milestones set forth in § 54.311(d) . ( ii ) No later than March 1, 2027, a certification that as of December 31, 2026, it was offering broadband meeting the requisite public interest obligations specified in § 54.308(a)(1) to all of its fully funded locations in the state and to the required percentage of its capped locations in the state. ( 3 ) Rate-of-return carriers receiving support pursuant to subparts K and M of this part shall provide: ( i ) No later than March 1, 2024, a certification that it fulfilled the deployment obligation meeting the requisite public interest obligations as specified in § 54.308(a)(2) to the required number of locations as of December 31, 2023. ( ii ) Every subsequent five-year period thereafter, a certification that it fulfilled the deployment obligation meeting the requisite public interest obligations as specified in § 54.308(a)(2)(iv) . ( 4 ) Recipients of Connect America Phase II auction support shall provide: By the last business day of the second calendar month following each service milestone in § 54.310(c) , a certification that by the end of the prior support year, it was offering broadband meeting the requisite public interest obligations specific in § 54.309 to the required percentage of its supported locations in each state as set forth in § 54.310(c) . ( 5 ) Recipients of Rural Digital Opportunity Fund support shall provide: No later than March 1 following each service milestone specified by the Commission, a certification that by the end of the prior support year, it was offering broadband meeting the requisite public interest obligations to the required percentage of its supported locations in each state. ( 6 ) A rate-of-return carrier authorized to receive Alaska Plan support pursuant to § 54.306 shall provide: ( i ) No later than March 1, 2022 a certification that it fulfilled the deployment obligations and is offering service meeting the requisite public interest obligations as specified in § 54.308(c) to the required number of locations as of December 31, 2021. ( ii ) No later than March 1, 2027 a certification that it fulfilled the deployment obligations and is offering service meeting the requisite public interest obligations as specified in § 54.308(c) to the required number of locations as of December 31, 2026. ( 7 ) Recipients of Uniendo a Puerto Rico Fund Stage 2 fixed and Connect USVI Fund fixed Stage 2 fixed support shall provide: On an annual basis by the last business day of the second calendar month following each service milestone in § 54.1506 , a certification that by the end of the prior support year, it was offering broadband meeting the requisite public interest obligations specified in § 54.1507 to the required percentage of its supported locations in Puerto Rico and the U.S. Virgin Islands as set forth in § 54.1506 . The annual certification shall quantify the carrier's progress toward or, as applicable, completion of deployment in accordance with the resilience and redundancy commitments in its application and in accordance with the detailed network plan it submitted to the Wireline Competition Bureau. ( c ) Filing deadlines. In order for a recipient of high-cost support to continue to receive support for the following calendar year, or retain its eligible telecommunications carrier designations, it must submit the annual reporting information as set forth below. ( 1 ) Price cap carriers that accepted Phase II model-based support, rate-of-return carriers, and recipients of Rural Digital Opportunity Fund support must submit the annual reporting information required by March 1 as described in paragraphs (a) and (b) of this section. Eligible telecommunications carriers that file their reports after the March 1 deadline shall receive a reduction in support pursuant to the following schedule: ( i ) An eligible telecommunications carrier that files after the March 1 deadline, but by March 8, will have its support reduced in an amount equivalent to seven days in support; ( ii ) An eligible telecommunications carrier that files on or after March 9 will have its support reduced on a pro-rata daily basis equivalent to the period of non-compliance, plus the minimum seven-day reduction; ( iii ) Grace period. An eligible telecommunications carrier that submits the annual reporting information required by this section after March 1 but before March 5 will not receive a reduction in support if the eligible telecommunications carrier and its holding company, operating companies, and affiliates as reported pursuant to § 54.313(a)(8) in their report due July 1 of the prior year have not missed the March 1 deadline in any prior year. ( 2 ) Recipients of support to serve fixed locations awarded through a competitive bidding process must submit the annual reporting information required by the last business day of the second calendar month following the relevant support years as described in paragraphs (a) and (b) of this section. Eligible telecommunications carriers that file their reports after the deadline shall receive a reduction in support pursuant to the following schedule: ( i ) An eligible telecommunications carrier that files after the deadline, but within seven days of the deadline, will have its support reduced in an amount equivalent to seven days in support; ( ii ) An eligible telecommunications carrier that filed on or after the eighth day following the deadline will have its support reduced on a pro-rata daily basis equivalent to the period of non-compliance, plus the minimum seven-day reduction; ( iii ) Grace period. An eligible telecommunications carrier that submits the annual reporting information required by this section within three days of the deadline will not receive a reduction in support if the eligible telecommunications carrier and its holding company, operating companies, and affiliates as reported pursuant to § 54.313(a)(8) in their report due July 1 of the prior year have not missed the deadline in any prior year. [ 81 FR 24341 , Apr. 25, 2016, as amended at 81 FR 44451 , July 7, 2016; 81 FR 69713 , Oct. 7, 2016; 82 FR 14340 , Mar. 20, 2017; 84 FR 4732 , Feb. 19, 2019; 84 FR 59964 , Nov. 7, 2019, 85 FR 13798 , Mar. 10, 2020; 87 FR 13948 , Mar. 11, 2022; 88 FR 55937 , Aug. 17, 2023] Effective Date Note Effective Date Note: At 88 FR 55937 , Aug. 17, 2023, § 54.316 was amended by adding paragraph (a)(9) and (b)(8) However, these paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 54.317 Alaska Plan for competitive eligible telecommunications carriers serving remote Alaska. ( a ) Election of support. Subject to the requirements of this section, certain competitive eligible telecommunications carriers serving remote areas in Alaska, as defined in § 54.307(e)(3)(i) , shall have a one-time option to elect to participate in the Alaska Plan. Carriers exercising this option with approved performance plans shall have their support frozen for a period of ten years beginning on or after January 1, 2017, at a date set by the Wireless Telecommunications Bureau, notwithstanding § 54.307 . ( b ) Carriers eligible for support. A competitive eligible telecommunications carrier shall be eligible for frozen support pursuant to the Alaska Plan if that carrier serves remote areas in Alaska as defined by § 54.307(e)(3)(i) and if that carrier certified that it served covered locations in Alaska in its September 30, 2011, filing of line counts with the Administrator and submitted a performance plan by August 23, 2016. ( c ) Interim support for remote areas in Alaska. From January 1, 2012, until December 31, 2016, competitive eligible telecommunications carriers subject to the delayed phase down for remote areas in Alaska pursuant to § 54.307(e)(3) shall receive support as calculated in § 54.307(e)(3)(v) . ( d ) Support amounts and support term. For a period of 10 years beginning on or after January 1, 2017, at a date set by the Wireless Telecommunications Bureau, notwithstanding § 54.307 , each Alaska Plan participant shall receive monthly Alaska Plan support in an amount equal to the annualized monthly support amount it received for December 2014. Alaska Plan participants shall no longer be required to file line counts. ( e ) Use of frozen support. Frozen support allocated through the Alaska Plan may only be used to provide mobile voice and mobile broadband service in those census blocks in remote areas of Alaska, as defined in § 54.307(e)(3)(i) , that did not, as of December 31, 2014, receive 4G LTE service directly from providers that were either unsubsidized or ineligible to claim the delayed phase down under § 54.307(e)(3) and covering, in the aggregate, at least 85 percent of the population of the block. Nothing in this section shall be interpreted to limit the use of frozen support to build or upgrade middle-mile infrastructure outside such remote areas of Alaska if such middle mile infrastructure is necessary to the provision of mobile voice and mobile broadband service in such remote areas. Alaska Plan participants may use frozen support to provide mobile voice and mobile broadband service in remote areas of Alaska served by competitive eligible telecommunications carrier partners of ineligible carriers if those areas are served using the competitive eligible telecommunications carrier's infrastructure. ( f ) Performance plans. In order to receive support pursuant to this section, a competitive eligible telecommunications carrier must be subject to a performance plan approved by the Wireless Telecommunications Bureau. The performance plan must indicate specific deployment obligations and performance requirements sufficient to demonstrate that support is being used in the public interest and in accordance with paragraph (e) of this section and the requirements adopted by the Commission for the Alaska Plan. For each level of wireless service offered (2G/Voice, 3G, and 4G LTE) and each type of middle mile used in connection with that level of service, the performance plan must specify minimum speeds that will be offered to a specified population by the end of the fifth year of support and by the end of the tenth year of support. Alaska Plan participants shall, no later than the end of the fourth year of the ten-year term, review and modify their end-of-term commitments in light of any new developments, including newly available infrastructure. The Wireless Telecommunications Bureau may require the filing of revised commitments at other times if justified by developments that occur after the approval of the initial performance commitments. If the specific performance obligations are not achieved in the time period identified in the approved performance plans the carrier shall be subject to § 54.320(c) and (d) . ( g ) Phase down of non-participating competitive eligible telecommunications carrier high-cost support. Notwithstanding § 54.307 , and except as provided in paragraph (h) of this section, support distributed in Alaska on or after January 1, 2017 to competitive eligible telecommunications carriers that serve areas in Alaska other than remote areas of Alaska, that are ineligible for frozen support under paragraphs (b) or (e) of this section, or that do not elect to receive support under this section, shall be governed by this paragraph. Such support shall be subject to phase down in three years as provided in paragraph (g) of this section, except that carriers that are not signatories to the Alaska Plan will instead be subject to a three-year phase down commencing on September 1, 2017, and competitive eligible telecommunications carriers that are signatories to the Alaska Plan but did not submit a performance plan by August 23, 2016 shall not receive support in remote areas beginning January 1, 2017. ( 1 ) From January 1, 2017, to December 31, 2017, each such competitive eligible telecommunications carrier shall receive two-thirds of the monthly support amount the carrier received for December 2014 for the relevant study area. ( 2 ) From January 1, 2018, to December 31, 2018, each such competitive eligible telecommunications carrier shall receive one-third of the monthly support amount the carrier received for December 2014 for the relevant study area. ( 3 ) Beginning January 1, 2019, no such competitive eligible telecommunications carrier shall receive universal service support for the relevant study area pursuant to this section or § 54.307 . ( h ) Support for unserved remote areas of Alaska. Beginning January 1, 2017, support that, but for paragraph (g) of this section, would be allocated to carriers subject to paragraph (g) of this section shall be allocated for a reverse auction, with performance obligations established at the time of such auction, for deployment of mobile service to remote areas of Alaska, as defined in § 54.307(e)(3)(i) , that are without commercial mobile radio service as of December 31, 2014. [ 81 FR 69714 , Oct. 7, 2016] § 54.318 [Reserved] § 54.319 Elimination of high-cost support in areas with 100 percent coverage by an unsubsidized competitor. ( a ) - ( c ) [Reserved] ( d ) High-cost universal service support pursuant to subpart K of this part shall be eliminated for those census blocks of an incumbent rate-of-return local exchange carrier study area where an unsubsidized competitor, or combination of unsubsidized competitors, as defined in § 54.5 , offer(s) voice and broadband service meeting the public interest obligations in § 54.308(a)(2) to at least 85 percent of residential locations in the census block. Qualifying competitors must be able to port telephone numbers from consumers. ( e ) After a determination that a particular census block is served by a competitor as defined in paragraph (d) of this section, support provided pursuant to subpart K of this part shall be disaggregated pursuant to a method elected by the incumbent local exchange carrier. The sum of support that is disaggregated for competitive and non-competitive areas shall equal the total support available to the study area without disaggregation. ( f ) For any incumbent local exchange carrier for which the disaggregated support for competitive census blocks represents less than 25 percent of the support the carrier would have received in the study area in the absence of this rule, support provided pursuant to subpart K of this part shall be reduced according to the following schedule: ( 1 ) In the first year, 66 percent of the incumbent's disaggregated support for the competitive census block will be provided; ( 2 ) In the second year, 33 percent of the incumbent's disaggregated support for the competitive census blocks will be provided; ( 3 ) In the third year and thereafter, no support shall be provided pursuant to subpart K of this part for any competitive census block. ( g ) For any incumbent local exchange carrier for which the disaggregated support for competitive census blocks represents 25 percent or more of the support the carrier would have received in the study area in the absence of this rule, support shall be reduced for each competitive census block according to the following schedule: ( 1 ) In the first year, 83 percent of the incumbent's disaggregated support for the competitive census blocks will be provided; ( 2 ) In the second year, 66 percent of the incumbent's disaggregated support for the competitive census blocks will be provided; ( 3 ) In the third year, 49 percent of the incumbent's disaggregated support for the competitive census blocks will be provided; ( 4 ) In the fourth year, 32 percent of the incumbent's disaggregated support the competitive census block will be provided; ( 5 ) In the fifth year, 15 percent of the incumbent's disaggregated support the competitive census blocks will be provided; ( 6 ) In the sixth year and thereafter, no support shall be paid provided pursuant to subpart K of this part for any competitive census block. ( h ) The Wireline Competition Bureau shall update its analysis of competitive overlap in census blocks every seven years, utilizing the current public interest obligations in § 54.308(a)(2) as the standard that must be met by an unsubsidized competitor. [ 80 FR 4478 , Jan. 27, 2015, as amended at 81 FR 24342 , Apr. 25, 2016; 82 FR 14340 , Mar. 20, 2017; 83 FR 14189 , Apr. 3, 2018; 84 FR 4732 , Feb. 19, 2019] § 54.320 Compliance and recordkeeping for the high-cost program. ( a ) Eligible telecommunications carriers authorized to receive universal service high-cost support are subject to random compliance audits and other investigations to ensure compliance with program rules and orders. ( b ) All eligible telecommunications carriers shall retain all records required to demonstrate to auditors that the support received was consistent with the universal service high-cost program rules. This documentation must be maintained for at least ten years from the receipt of funding. All such documents shall be made available upon request to the Commission and any of its Bureaus or Offices, the Administrator, and their respective auditors. ( c ) Eligible telecommunications carriers authorized to receive high-cost support that fail to comply with public interest obligations or any other terms and conditions may be subject to further action, including the Commission's existing enforcement procedures and penalties, reductions in support amounts, potential revocation of ETC designation, and suspension or debarment pursuant to § 54.8 . ( d ) Eligible telecommunications carriers subject to defined build-out milestones must notify the Commission and USAC, and the relevant state, U.S. Territory, or Tribal government, if applicable, within 10 business days after the applicable deadline if they have failed to meet a build-out milestone. ( 1 ) Interim build-out milestones. Upon notification that an eligible telecommunications carrier has defaulted on an interim build-out milestone after it has begun receiving high-cost support, the Wireline Competition Bureau—or Wireless Telecommunications Bureau in the case of mobile carrier participants—will issue a letter evidencing the default. For purposes of determining whether a default has occurred, a carrier must be offering service meeting the requisite performance obligations. The issuance of this letter shall initiate reporting obligations and withholding of a percentage of the eligible telecommunication carrier's total monthly high-cost support, if applicable, starting the month following the issuance of the letter: ( i ) Tier 1. If an eligible telecommunications carrier has a compliance gap of at least five percent but less than 15 percent of the number of locations that the eligible telecommunications carrier is required to have built out to or, in the case of Alaska Plan mobile-carrier participants, population covered by the specified technology, middle mile, and speed of service in the carrier's approved performance plan, by the interim milestone, the Wireline Competition Bureau or Wireless Telecommunications Bureau, will issue a letter to that effect. Starting three months after the issuance of this letter, the eligible telecommunications carrier will be required to file a report every three months identifying the geocoded locations to which the eligible telecommunications carrier has newly deployed facilities capable of delivering broadband meeting the requisite requirements with Connect America support in the previous quarter, or, in the case of Alaska Plan mobile-carrier participants, the populations to which the competitive eligible telecommunications carrier has extended or upgraded service meeting their approved performance plan and obligations. Eligible telecommunications carriers that do not file these quarterly reports on time will be subject to support reductions as specified in § 54.313(j) . The eligible telecommunications carrier must continue to file quarterly reports until the eligible telecommunications carrier reports that it has reduced the compliance gap to less than five percent of the required number of locations (or population, if applicable) for that interim milestone and the Wireline Competition Bureau or Wireless Telecommunications Bureau issues a letter to that effect. ( ii ) Tier 2. If an eligible telecommunications carrier has a compliance gap of at least 15 percent but less than 25 percent of the number of locations that the eligible telecommunications carrier is required to have built out to or, in the case of Alaska Plan mobile-carrier participants, population covered by the specified technology, middle mile, and speed of service in the carrier's approved performance plan, by the interim milestone, USAC will withhold 15 percent of the eligible telecommunications carrier's monthly support for that support area and the eligible telecommunications carrier will be required to file quarterly reports. Once the eligible telecommunications carrier has reported that it has reduced the compliance gap to less than 15 percent of the required number of locations (or population, if applicable) for that interim milestone for that support area, the Wireline Competition Bureau or Wireless Telecommunications Bureau will issue a letter to that effect, USAC will stop withholding support, and the eligible telecommunications carrier will receive all of the support that had been withheld. The eligible telecommunications carrier will then move to Tier 1 status. ( iii ) Tier 3. If an eligible telecommunications carrier has a compliance gap of at least 25 percent but less than 50 percent of the number of locations that the eligible telecommunications carrier is required to have built out to by the interim milestone, or, in the case of Alaska Plan mobile-carrier participants, population covered by the specified technology, middle mile, and speed of service in the carrier's approved performance plan, USAC will withhold 25 percent of the eligible telecommunications carrier's monthly support for that support area and the eligible telecommunications carrier will be required to file quarterly reports. Once the eligible telecommunications carrier has reported that it has reduced the compliance gap to less than 25 percent of the required number of locations (or population, if applicable) for that interim milestone for that support area, the Wireline Competition Bureau or Wireless Telecommunications Bureau will issue a letter to that effect, the eligible telecommunications carrier will move to Tier 2 status. ( iv ) Tier 4. If an eligible telecommunications carrier has a compliance gap of 50 percent or more of the number of locations that the eligible telecommunications carrier is required to have built out to or, in the case of Alaska Plan mobile-carrier participants, population covered by the specified technology, middle mile, and speed of service in the carrier's approved performance plan, by the interim milestone: ( A ) USAC will withhold 50 percent of the eligible telecommunications carrier's monthly support for that support area, and the eligible telecommunications carrier will be required to file quarterly reports. As with the other tiers, as the eligible telecommunications carrier reports that it has lessened the extent of its non-compliance, and the Wireline Competition Bureau or Wireless Telecommunications Bureau issues a letter to that effect, it will move down the tiers until it reaches Tier 1 (or no longer is out of compliance with the relevant interim milestone). ( B ) If after having 50 percent of its support withheld for six months the eligible telecommunications carrier has not reported that it is eligible for Tier 3 status (or one of the other lower tiers), USAC will withhold 100 percent of the eligible telecommunications carrier's monthly support and will commence a recovery action for a percentage of support that is equal to the eligible telecommunications carrier's compliance gap plus 10 percent of the ETC's support that has been disbursed to that date. ( v ) If at any point during the support term, the eligible telecommunications carrier reports that it is eligible for Tier 1 status, it will have its support fully restored, USAC will repay any funds that were recovered or withheld, and it will move to Tier 1 status. ( 2 ) Final milestone. Upon notification that the eligible telecommunications carrier has not met a final milestone, the eligible telecommunications carrier will have twelve months from the date of the final milestone deadline to come into full compliance with this milestone. If the eligible telecommunications carrier does not report that it has come into full compliance with this milestone within twelve months, the Wireline Competition Bureau—or Wireless Telecommunications Bureau in the case of mobile carrier participants—will issue a letter to this effect. In the case of Alaska Plan mobile carrier participants, USAC will then recover the percentage of support that is equal to 1.89 times the average amount of support per location received by that carrier over the support term for the relevant percentage of population. For other recipients of high-cost support, USAC will then recover the percentage of support that is equal to 1.89 times the average amount of support per location received in the support area for that carrier over the term of support for the relevant number of locations plus 10 percent of the eligible telecommunications carrier's total relevant high-cost support over the support term for that support area. Where a recipient is unable to demonstrate compliance with a final performance testing milestone, USAC will recover the percentage of support that is equal to 1.89 times the average amount of support per location received in the support area for the relevant number of locations for that carrier plus 10 percent of the eligible telecommunications carrier's total relevant high cost-support over the support term for that support area, the total of which will then be multiplied by the percentage of time since the carrier was last able to demonstrate compliance based on performance testing, on a quarterly basis. In the event that a recipient fails to meet a final milestone both for build-out and performance compliance, USAC will recover the total of the percentage of support that is equal to 1.89 times the average amount of support per location received by that carrier over the support term for the relevant number of locations to which the carrier failed to build out; the percentage of support that is equal to 1.89 times the average amount of support per location received in the support area for the relevant number of locations for that carrier multiplied by the percentage of time since the carrier was last able to demonstrate compliance based on performance testing; and 10 percent of the eligible telecommunications carrier's total relevant high-cost support over the support term for that support area. ( 3 ) Compliance reviews. If subsequent to the eligible telecommunications carrier's support term, USAC determines in the course of a compliance review that the eligible telecommunications carrier does not have sufficient evidence to demonstrate that it is offering service to all of the locations required by the final milestone or, in the case of Alaska Plan participants, did not provide service consistent with the carrier's approved performance plan, USAC shall recover a percentage of support from the eligible telecommunications carrier as specified in paragraph (d)(2) of this section. [ 76 FR 73876 , Nov. 29, 2011, as amended at 80 FR 4478 , Jan. 27, 2015; 81 FR 69714 , Oct. 7, 2016; 84 FR 67235 , Dec. 9, 2019] § 54.321 Reporting and certification requirements for Alaska Plan participants. Any competitive eligible telecommunications carrier authorized to receive Alaska Plan support pursuant to § 54.317 shall provide: ( a ) No later than 60 days after the end of each participating carrier's first five-year term of support, a certification that it has met the obligations contained in the performance plan approved by the Wireless Telecommunications Bureau, including any obligations pursuant to a revised approved performance plan and that it has met the requisite public interest obligations contained in the Alaska Plan Order. For Alaska Plan participants receiving more than $5 million annually in support, this certification shall be accompanied by data received or used from drive tests analyzing network coverage for mobile service covering the population for which support was received and showing mobile transmissions to and from the carrier's network meeting or exceeding the minimum expected download and upload speeds delineated in the approved performance plan. ( b ) No later than 60 days after the end of each participating carrier's second five-year term of support, a certification that it has met the obligations contained in the performance plan approved by the Wireless Telecommunications Bureau, including any obligations pursuant to a revised approved performance plan, and that it has met the requisite public interest obligations contained in the Alaska Plan Order. For Alaska Plan participants receiving more than $5 million annually in support, this certification shall be accompanied by data received or used from drive tests analyzing network coverage for mobile service covering the population for which support was received and showing mobile transmissions to and from the carrier's network meeting or exceeding the minimum expected download and upload speeds delineated in the approved performance plan. [ 81 FR 69716 , Oct. 7, 2016] § 54.322 Public interest obligations and performance requirements, reporting requirements, and non-compliance mechanisms for mobile legacy high-cost support recipients. ( a ) General. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) shall deploy voice and broadband data services that meet at least the 5G-NR (New Radio) technology standards developed by the 3rd Generation Partnership Project with Release 15, or any successor release that may be adopted by the Office of Economics and Analytics and the Wireline Competition Bureau after notice and comment. ( b ) Service milestones and deadlines. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) shall deploy 5G service that meets the performance requirements specified in paragraph (d) of this section to a percentage of the service areas for which the carrier receives monthly support and on a schedule as specified and adopted by the Office of Economics and Analytics and Wireline Competition Bureau after notice and comment. ( c ) Support usage. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) or (e)(7)(iii) shall use an increasing percentage of such support for the deployment, maintenance, and operation of mobile networks that provide 5G service as specified in paragraph (a) of this section and that meet the performance requirements specified in paragraph (d) of this section as follows: ( 1 ) Year one support usage. The carrier shall use at least one-third ( 1 ⁄ 3 ) of the total monthly support received pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) in calendar year 2021 as specified in paragraph (c) of this section by December 31, 2021. ( 2 ) Year two support usage. The carrier shall use at least two-thirds ( 2 ⁄ 3 ) of the total monthly support received pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) in calendar year 2022 as specified in paragraph (c) of this section by December 31, 2022. ( 3 ) Year three and subsequent year support usage. The carrier shall use all monthly support received pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) as specified in paragraph (c) of this section in 2023 and thereafter. ( 4 ) Year one support usage flexibility. If the carrier is unable to meet the support usage requirement in paragraph (c)(1) of this section, the carrier shall have the flexibility to instead proportionally increase the support usage requirement in paragraph (c)(2) of this section such that its combined usage of monthly support received pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) in calendar years 2021 and 2022 is equal to the total amount of such support that the carrier receives annually, provided that the carrier certifies to the Wireline Competition Bureau this amount and that it will make up for any shortfall in a filing due by March 31, 2021 or 30 days after Paperwork Reduction Act approval, whichever is later. ( d ) Performance requirements. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) shall meet the following minimum baseline performance requirements for data speeds, data latency, and data allowances in areas that it has deployed 5G service as specified in paragraph (a) of this section and for which it receives support for at least one plan that it offers: ( 1 ) Median data transmission rates of 35 Mbps download and 3 Mbps upload, and with at least 90 percent of measurements recording data transmission rates of not less than 7 Mbps download and 1 Mbps upload; ( 2 ) Transmission latency of 100 milliseconds or less round trip for successfully transmitted measurements ( i.e., ignoring lost or timed-out packets); with at least 90 percent of measurements recording latency of 100 milliseconds or less round trip, and ( 3 ) At least one service plan offered must include a data allowance that is equivalent to the average United States subscriber data usage as specified and adopted by the Office of Economics and Analytics and Wireline Competition Bureau after notice and comment. ( e ) Collocation obligations. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall allow for reasonable collocation by other carriers of services that would meet the technological requirements specified in paragraph (a) of this section on all cell-site infrastructure constructed with universal service funds that it owns or manages in the area for which it receives such monthly support. In addition, during the time that the mobile competitive eligible telecommunications carrier receives such support, the carrier may not enter into facilities access arrangements that restrict any party to the arrangement from allowing others to collocate on the cell-site infrastructure. ( f ) Voice and data roaming obligations. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall comply with the Commission's voice and data roaming requirements that are currently in effect on networks that are built with universal service funds. ( g ) Reasonably comparable rates. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall offer its services in the areas for which it receives such monthly support at rates that are reasonably comparable to those rates offered in urban areas and must advertise the voice and broadband services it offers in its subsidized service areas. A mobile competitive eligible telecommunications carrier's rates shall be considered reasonably comparable to urban rates, based upon the most recently-available decennial U.S. Census Bureau data identifying areas as urban, if rates for services in rural areas fall within a reasonable range of urban rates for reasonably comparable voice and broadband services. ( 1 ) If the carrier offers service in urban areas, it may demonstrate that it offers reasonably comparable rates if it offers the same rates, terms, and conditions (including usage allowances, if any, for a specific rate) in both urban and rural areas or if one of the carrier's stand-alone voice service plans and one service plan offering data are substantially similar to plans it offers in urban areas. ( 2 ) If the carrier does not offer service in urban areas, it may demonstrate that it offers reasonably comparable rates by identifying a carrier that does offer service in urban areas and the specific rate plans to which its plans are reasonably comparable, along with submission of corroborating evidence that its rates are reasonably comparable, such as marketing materials from the identified carrier. ( h ) Initial report of current service offerings. (1) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall submit an initial report describing its current service offerings in its subsidized service areas and how the monthly support it is receiving is being used in such areas no later than three months after the effective date of the Report and Order, FCC 20-150, and Paperwork Reduction Act approval. This report shall include the following information: ( i ) Information regarding the carrier's current service offerings in its subsidized service areas, including the highest level of technology deployed, a target date for when 5G broadband service meeting the performance requirements specified in paragraph (d) of this section will be deployed within the subsidized service area, and an estimate of the percentage of area covered by 5G deployment meeting the performance requirements specified in paragraph (d) of this section within the subsidized service area; (ii) A brief narrative describing its current service offerings and providing an accounting of how monthly support has been used to provide mobile wireless services for the 12-month period prior to the deadline of this report; (iii) Detailed cell-site and sector infrastructure information for infrastructure that the carrier uses to provide service in its subsidized service areas; (iv) Certification that the carrier has filed relevant deployment data (either via FCC Form 477 or the Digital Opportunity Data Collection, as appropriate) that reflect its current deployment covering its subsidized service areas; (v) Certification that the carrier is in compliance with the public interest obligations as set forth in this section and all of the terms and conditions associated with the continued receipt of such monthly support disbursements; and (vi) Additional information as required by the Office of Economics and Analytics and Wireline Competition Bureau after release of a public notice detailing the procedures to file this report. ( 2 ) The party submitting the report must certify that it has been authorized to do so by the mobile competitive eligible telecommunications carrier that receives support. ( 3 ) Each initial report of current service offerings shall be submitted solely via the Administrator's online portal. ( i ) The Commission and the Administrator shall treat infrastructure data submitted as part of such reports as presumptively confidential. ( ii ) The Administrator shall make such reports available to the Commission and to the relevant state, territory, and Tribal governmental entities, as applicable. ( 4 ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall have a continuing obligation to maintain the accuracy and completeness of the information provided in its initial report. Any substantial change in the accuracy or completeness of such a report must be reported as an update to its submitted report within ten (10) business days after the reportable event occurs. ( 5 ) The Commission shall retain the authority to look behind a mobile competitive eligible telecommunications carrier's initial report and to take action to address any violations. ( i ) Annual reports. (1) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) (e)(6) , or (e)(7) shall submit an annual report no later than July 1 in each year following the year in which its initial report of current service offerings as specified in paragraph (h) of this section is submitted. Each such report shall include the following information: ( i ) Except for areas for which the carriers receives monthly support pursuant to § 54.307(e)(5)(iv) , (e)(6)(iv) or (e)(7)(iv) , updated information regarding the carrier's current service offerings in its subsidized service areas for the previous calendar year, including the highest level of technology deployed, a target date for when 5G broadband service meeting the performance requirements specified in paragraph (d) of this section will be deployed within the subsidized service area, and an estimate of the percentage of area covered by 5G deployment meeting the performance requirements specified in paragraph (d) of this section within the subsidized service area; ( ii ) A brief narrative providing an accounting of the support the carrier has received and how monthly support has been used to provide mobile wireless services for the previous calendar year, with an indication of which of these expenditures were used to meet the requirements specified in paragraph (c) of this section within the subsidized service area; ( iii ) Detailed cell-site and sector infrastructure information for infrastructure that the carrier uses to provide service in its subsidized service areas; ( iv ) Certification that the carrier has filed relevant deployment data (either via FCC Form 477 or the Digital Opportunity Data Collection, as appropriate) that reflect its current deployment covering its subsidized service areas; ( v ) Certification that the carrier is in compliance with the public interest obligations as set forth in this section and all of the terms and conditions associated with the continued receipt of monthly support; and ( vi ) Additional information as required by the Office of Economics and Analytics and Wireline Competition Bureau after release of a public notice detailing the procedures to file these reports. (2) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall supplement the information provided to the Administrator in any annual report within ten (10) business days from the onset of any reduction in the percentage of areas for which the recipient receives support being served after the filing of an initial or annual certification report or in the event of any failure to comply with any of the requirements for continued receipt of such support. (3) The party submitting the annual report must certify that it has been authorized to do so by mobile competitive eligible telecommunications carrier that receives support. (4) Each annual report shall be submitted solely via the Administrator's online portal. ( i ) The Commission and the Administrator shall treat infrastructure data submitted as part of such a report as presumptively confidential. ( ii ) The Administrator shall make such reports available to the Commission and to the relevant state, territory, and Tribal governmental entities, as applicable. ( 5 ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall have a continuing obligation to maintain the accuracy and completeness of the information provided in its annual reports. Any substantial change in the accuracy or completeness of any such report must be reported as an update to the submitted annual report within ten (10) business days after the reportable event occurs. ( 6 ) The Commission shall retain the authority to look behind a mobile competitive eligible telecommunications carrier's annual reports and to take action to address any violations. ( j ) Service milestone reports. ( 1 ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) shall submit a report after each of the service milestones described in paragraph (b) of this section by the deadlines established by the Office of Economics and Analytics and Wireline Competition Bureau demonstrating that it has deployed 5G service that meets the performance requirements specified in paragraph (d) of this section, which shall include information as required by the Office of Economics and Analytics and Wireline Competition Bureau in a public notice. ( 2 ) All data submitted in or certified to in any service milestone report shall be subject to verification by the Administrator for compliance with the performance requirements specified in paragraph (d) of this section. ( k ) Non-compliance measures for failure to comply with performance requirements or public interest obligations. ( 1 ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) (e)(6) , or (e)(7) that fails to comply with the public interest obligations set forth in paragraphs (e) through (j) of this section, fails to comply with the performance requirements set forth in paragraph (d) of this section at the prescribed level by the applicable service milestone deadline established in paragraph (b) of this section, or that fails to use monthly support as set forth in paragraph (c) of this section must notify the Wireline Competition Bureau and the Administrator within 10 business days of its non-compliance. ( 2 ) Upon notification by a carrier of its non-compliance pursuant to paragraph (k) of this section, or a determination by the Administrator or Wireline Competition Bureau of a carrier's non-compliance with any of the public interest obligations set forth in paragraphs (e) through (j) of this section or the performance requirements set forth in paragraph (d) of this section, the carrier will be deemed to be in default, and for monthly support received pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) , will no longer be eligible to receive such support, will receive no further support disbursements, and may be subject to recovery of up to the amount of support received since the effective date of the Report and Order, FCC 20-150, that was not used for the deployment, maintenance, and operation of mobile networks that provide 5G service as specified in paragraph (a) of this section and that meet the performance requirements specified in paragraph (d) of this section. The carrier may also be subject to further action, including the Commission's existing enforcement procedures and penalties, potential revocation of ETC designation, and suspension or debarment pursuant to § 54.8 . ( 3 ) A mobile competitive eligible telecommunications carrier that voluntarily relinquishes receipt of monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) will no longer be required to comply with the public interest obligations specified in this section, except that the carrier may be deemed to be in default and subject to recovery of support as set forth in paragraph (k)(2) of this section. [ 85 FR 75819 , Nov. 25, 2020] Effective Date Note Effective Date Note: At 85 FR 75819 , Nov. 25, 2020, § 54.322 was added, However, paragraphs (b), (g), (h), (i) and (j), have a delayed effective date. Subpart E—Universal Service Support for Low-Income Consumers § 54.400 Terms and definitions. As used in this subpart, the following terms shall be defined as follows: ( a ) Qualifying low-income consumer. A “qualifying low-income consumer” is a consumer who meets the qualifications for Lifeline, as specified in § 54.409 . ( b ) Toll blocking service. “Toll blocking service” is a service provided by an eligible telecommunications carrier that lets subscribers elect not to allow the completion of outgoing toll calls from their telecommunications channel. ( c ) Toll control service. “Toll control service” is a service provided by an eligible telecommunications carrier that allows subscribers to specify a certain amount of toll usage that may be incurred on their telecommunications channel per month or per billing cycle. ( d ) Toll limitation service. “Toll limitation service” denotes either toll blocking service or toll control service for eligible telecommunications carriers that are incapable of providing both services. For eligible telecommunications carriers that are capable of providing both services, “toll limitation service” denotes both toll blocking service and toll control service. ( e ) Eligible resident of Tribal lands. An “eligible resident of Tribal lands” is a “qualifying low-income consumer,” as defined in paragraph (a) of this section, living on Tribal lands. For purposes of this subpart, “Tribal lands” include any federally recognized Indian tribe's reservation, pueblo, or colony, including former reservations in Oklahoma; Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688); Indian allotments; Hawaiian Home Lands—areas held in trust for Native Hawaiians by the state of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920 July 9, 1921, 42 Stat. 108, et. seq., as amended; and any land designated as such by the Commission for purposes of this subpart pursuant to the designation process in § 54.412 . ( f ) Income. “Income” means gross income as defined under section 61 of the Internal Revenue Code, 26 U.S.C. 61 , for all members of the household. This means all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code, Part III of Title 26, 26 U.S.C. 101 et seq. ( g ) Duplicative support. “Duplicative support” exists when a Lifeline subscriber is receiving two or more Lifeline services concurrently or two or more subscribers in a household are receiving Lifeline services or Tribal Link Up support concurrently. ( h ) Household. A “household” is any individual or group of individuals who are living together at the same address as one economic unit. A household may include related and unrelated persons. An “economic unit” consists of all adult individuals contributing to and sharing in the income and expenses of a household. An adult is any person eighteen years or older. If an adult has no or minimal income, and lives with someone who provides financial support to him/her, both people shall be considered part of the same household. Children under the age of eighteen living with their parents or guardians are considered to be part of the same household as their parents or guardians. ( i ) National Lifeline Accountability Database or Database. The “National Lifeline Accountability Database” or “Database” is an electronic system, with associated functions, processes, policies and procedures, to facilitate the detection and elimination of duplicative support, as directed by the Commission. ( j ) Qualifying assistance program. A “qualifying assistance program” means any of the federal or Tribal assistance programs the participation in which, pursuant to § 54.409(a) or (b) , qualifies a consumer for Lifeline service, including Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; Veterans and Survivors Pension Benefit; Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families (Tribal TANF); Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations (FDPIR). ( k ) Direct service. As used in this subpart, direct service means the provision of service directly to the qualifying low-income consumer. ( l ) Broadband Internet access service. “Broadband Internet access service” is defined as a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up service. ( m ) Voice telephony service. “Voice telephony service” is defined as voice grade access to the public switched network or its functional equivalent; minutes of use for local service provided at no additional charge to end users; access to the emergency services provided by local government or other public safety organizations, such as 911 and enhanced 911, to the extent the local government in an eligible carrier's service area has implemented 911 or enhanced 911 systems; and toll limitation services to qualifying low-income consumers as provided in subpart E of this part . ( n ) Supported service. Voice telephony service is the supported service for the Lifeline program. ( o ) National Lifeline Eligibility Verifier. The “National Lifeline Eligibility Verifier” or “National Verifier” is an electronic and manual system with associated functions, processes, policies and procedures, to facilitate the determination of consumer eligibility for the Lifeline program, as directed by the Commission. ( p ) Enrollment representatives. An employee, agent, contractor, or subcontractor, acting on behalf of an eligible telecommunications carrier or third-party entity, who directly or indirectly provides information to the Universal Service Administrative Company or a state entity administering the Lifeline Program for the purpose of eligibility verification, enrollment, recertification, subscriber personal information updates, benefit transfers, or de-enrollment. ( q ) Survivor. “Survivor” has the meaning given such term at 47 CFR 64.6400(m) . ( r ) Emergency communications support. “Emergency communications support” means support received through the Lifeline program by qualifying survivors pursuant to the Safe Connections Act of 2022, Public Law 117-223 . ( s ) Financial hardship. A survivor is suffering from “financial hardship” when the survivor's household satisfies the requirements detailed at § 54.409(a)(1) or (2) or is a household in which— ( 1 ) The household's income as defined in paragraph (f) of this section is at or below 200% of the Federal Poverty Guidelines for a household of that size; ( 2 ) At least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ), or at least one member of the household is enrolled in a school or school district that participates in the Community Eligibility Provision ( 42 U.S.C. 1759a ); ( 3 ) At least one member of the household has received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) in the current award year, if such award is verifiable through the National Verifier or National Lifeline Accountability Database or the participating provider verifies eligibility under § 54.1806(a)(2) ; and ( 4 ) At least one member of the household receives assistance through the special supplemental nutritional program for women, infants and children established by section 17 of the Child Nutrition Act of 1996 ( 42 U.S.C. 1786 ). [ 77 FR 12966 , Mar. 2, 2012, as amended at 80 FR 40935 , July 14, 2015; 81 FR 33089 , May 24, 2016; 84 FR 71327 , Dec. 27, 2019; 86 FR 1021 , Jan.7, 2021; 88 FR 84446 , Dec. 5, 2023] § 54.401 Lifeline defined. ( a ) As used in this subpart, Lifeline means a non-transferable retail service offering provided directly to qualifying low-income consumers: ( 1 ) For which qualifying low-income consumers pay reduced charges as a result of application of the Lifeline support amount described in § 54.403 ; and ( 2 ) That provides qualifying low-income consumers with voice telephony service or broadband Internet access service as defined in § 54.400 . Toll limitation service does not need to be offered for any Lifeline service that does not distinguish between toll and non-toll calls in the pricing of the service. If an eligible telecommunications carrier charges Lifeline subscribers a fee for toll calls that is in addition to the per month or per billing cycle price of the subscribers' Lifeline service, the carrier must offer toll limitation service at no charge to its subscribers as part of its Lifeline service offering. ( b ) Eligible telecommunications carriers may allow qualifying low-income consumers to apply Lifeline discounts to any residential service plan with the minimum service levels set forth in § 54.408 that includes fixed or mobile voice telephony service, broadband Internet access service, or a bundle of broadband Internet access service and fixed or mobile voice telephony service; and plans that include optional calling features such as, but not limited to, caller identification, call waiting, voicemail, and three-way calling. ( 1 ) Eligible telecommunications carriers may permit qualifying low-income consumers to apply their Lifeline discount to family shared data plans. ( 2 ) Eligible telecommunications carriers may allow qualifying low-income consumers to apply Lifeline discounts to any residential service plan that includes voice telephony service without qualifying broadband Internet access service prior to December 1, 2021. ( 3 ) Beginning December 1, 2016, eligible telecommunications carriers must provide the minimum service levels for each offering of mobile voice service as defined in § 54.408 . ( 4 ) Beginning December 1, 2021, eligible telecommunications carriers must provide the minimum service levels for broadband Internet access service in every Lifeline offering. ( c ) Eligible telecommunications carriers may not collect a service deposit in order to initiate Lifeline for voice-only service plans that: ( 1 ) Do not charge subscribers additional fees for toll calls; or ( 2 ) That charge additional fees for toll calls, but the subscriber voluntarily elects toll limitation service. ( d ) When an eligible telecommunications carrier is designated by a state commission, the state commission shall file or require the eligible telecommunications carrier to file information with the Administrator demonstrating that the carrier's Lifeline plan meets the criteria set forth in this subpart and describing the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, additional charges, if any, for toll calls, and rates for each such plan. To the extent the eligible telecommunications carrier offers plans to Lifeline subscribers that are generally available to the public, it may provide summary information regarding such plans, such as a link to a public Web site outlining the terms and conditions of such plans. Lifeline assistance shall be made available to qualifying low-income consumers as soon as the Administrator certifies that the carrier's Lifeline plan satisfies the criteria set out in this subpart. ( e ) Consistent with § 52.33(a)(1)(i)(C) of this chapter , eligible telecommunications carriers may not charge Lifeline customers a monthly number-portability charge. ( f ) Eligible telecommunications carriers may aggregate eligible subscribers' benefits to provide a collective service to a group of subscribers, provided that each qualifying low-income consumer subscribed to the collective service receives residential service that meets the requirements of paragraph (a) of this section and § 54.408 . [ 77 FR 12967 , Mar. 2, 2012, as amended at 80 FR 40935 , July 14, 2015; 81 FR 33090 , May 24, 2016] § 54.403 Lifeline support amount. ( a ) The federal Lifeline support amount for all eligible telecommunications carriers shall equal: ( 1 ) Basic support amount. Federal Lifeline support in the amount of $9.25 per month will be made available to an eligible telecommunications carrier providing Lifeline service to a qualifying low-income consumer, except as provided in paragraph (a)(2) of this section, if that carrier certifies to the Administrator that it will pass through the full amount of support to the qualifying low-income consumer and that it has received any non-federal regulatory approvals necessary to implement the rate reduction. ( 2 ) For a Lifeline provider offering either standalone voice service, subject to the minimum service standards set forth in § 54.408 , or voice service with broadband below the minimum standards set forth in § 54.408 , the support levels will be as follows: ( i ) Until December 1, 2019, the support amount will be $9.25 per month. ( ii ) From December 1, 2019 until November 30, 2020, the support amount will be $7.25 per month. ( iii ) From December 1, 2020 until November 30, 2021, the support amount will be $5.25 per month. ( iv ) On December 1, 2021, standalone voice service, or voice service not bundled with broadband which meets the minimum standards set forth in § 54.408 , will not be eligible for Lifeline support unless the Commission has previously determined otherwise. ( v ) Notwithstanding paragraph (a)(2)(iv) of this section, on December 1, 2021, the support amount for standalone voice service, or voice service not bundled with broadband which meets the minimum standards set forth in § 54.408 , provided by a provider that is the only Lifeline provider in a Census block will be the support amount specified in paragraph (a)(2)(iii) of this section. ( 3 ) Tribal lands support amount. Additional Federal Lifeline support of up to $25 per month will be made available to an eligible telecommunications carrier providing Lifeline service to an eligible resident of Tribal lands, as defined in § 54.400(e) , to the extent that the eligible telecommunications carrier certifies to the Administrator that it will pass through the full Tribal lands support amount to the qualifying eligible resident of Tribal lands and that it has received any non-Federal regulatory approvals necessary to implement the required rate reduction. ( 4 ) Emergency communications support amount. Emergency communications support in the amount of up to $9.25 per month will be made available to eligible telecommunications carriers providing service to qualifying survivors. An eligible telecommunications carrier must certify to the Administrator that it will pass through the full amount of support to the qualifying survivor and that it has received any non-Federal regulatory approvals necessary to implement the rate reduction. ( i ) The base reimbursement in this paragraph (a)(4) can be applied to survivors receiving service that meets either the minimum service standard for voice service or broadband internet access service, as determined in accordance with § 54.408 . ( ii ) Additional Federal Lifeline support of up to $25 per month will be made available to an eligible telecommunications carrier providing emergency communications support to an eligible survivor resident of Tribal lands, as defined in § 54.400(e) , to the extent that the eligible telecommunications carrier certifies to the Administrator that it will pass through the full Tribal lands support amount to the qualifying eligible resident of Tribal lands and that it has received any non-Federal regulatory approvals necessary to implement the required rate reduction. ( 5 ) Compliance date. Compliance with paragraph (a)(4) of this section will not be required until this paragraph (a)(5) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after the Office of Management and Budget (OMB) completes review of any information collection requirements in paragraph (a)(4) that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for paragraph (a)(4) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. ( b ) Application of Lifeline discount amount. ( 1 ) Eligible telecommunications carriers that charge Federal End User Common Line charges or equivalent Federal charges must apply Federal Lifeline support to waive the Federal End User Common Line charges for Lifeline subscribers if the carrier is seeking Lifeline reimbursement for eligible voice telephony service provided to those subscribers. Such carriers must apply any additional Federal support amount to a qualifying low-income consumer's intrastate rate, if the carrier has received the non-Federal regulatory approvals necessary to implement the required rate reduction. Other eligible telecommunications carriers must apply the Federal Lifeline support amount, plus any additional support amount, to reduce the cost of any generally available residential service plan or package offered by such carriers that provides at least one service commensurate with the requirements outlined in § 54.408 , and charge Lifeline subscribers the resulting amount. ( 2 ) [Reserved] [ 77 FR 12967 , Mar. 2, 2012, as amended at 81 FR 33090 , May 24, 2016; 83 FR 2084 , Jan. 16, 2018; 86 FR 1021 , Jan. 7, 2021; 88 FR 34782 , May 31, 2023; 88 FR 84446 , Dec. 5, 2023] § 54.404 The National Lifeline Accountability Database. ( a ) State certification. An eligible telecommunications carrier operating in a state that provides an approved valid certification to the Commission in accordance with this section is not required to comply with the requirements set forth in paragraphs (b) and (c) of this section with respect to the eligible telecommunications carriers' subscribers in that state. A valid certification must include a statement that the state has a comprehensive system in place to prevent duplicative federal Lifeline support that is at least as robust as the system adopted by the Commission and that incorporates information from all eligible telecommunications carriers receiving low-income support in the state and their subscribers. A valid certification must also describe in detail how the state system functions and for each requirement adopted by the Commission to prevent duplicative support, how the state system performs the equivalent functions. The certification must be submitted to the Commission no later than six months from the effective date of this section of the Commission's rules to be valid. Such certification will be considered approved unless the Wireline Competition Bureau rejects the certification within 90 days of filing. ( b ) The National Lifeline Accountability Database. In order to receive Lifeline support, eligible telecommunications carriers operating in states that have not provided the Commission with approved valid certification pursuant to paragraph (a) of this section must comply with the following requirements: ( 1 ) All eligible telecommunications carriers must query the National Lifeline Accountability Database to determine whether a prospective subscriber who has executed a certification pursuant to § 54.410(d) is currently receiving a Lifeline service from another eligible telecommunications carrier; and whether anyone else living at the prospective subscriber's residential address is currently receiving a Lifeline service. ( 2 ) If the Database indicates that a prospective subscriber, who is not seeking to port his or her telephone number, is currently receiving a Lifeline service, the eligible telecommunications carrier must not provide and shall not seek or receive Lifeline reimbursement for that subscriber. ( 3 ) If the Database indicates that another individual at the prospective subscriber's residential address is currently receiving a Lifeline service, the eligible telecommunications carrier must not seek and will not receive Lifeline reimbursement for providing service to that prospective subscriber, unless the prospective subscriber has certified, pursuant to § 54.410(d) , that to the best of his or her knowledge, no one in his or her household is already receiving a Lifeline service. This certification may be collected by the eligible telecommunications carrier prior to initial enrollment, but the certification shall not be recorded in the Database unless the eligible telecommunications carrier receives a notification from the Database or state administrator that another Lifeline subscriber resides at the same address as the prospective subscriber. ( 4 ) An eligible telecommunications carrier is not required to comply with paragraphs (b)(1) through (3) of this section if it receives notice from a state Lifeline administrator or other state agency that the administrator or other agency has queried the Database about a prospective subscriber and that providing the prospective subscriber with a Lifeline benefit would not result in duplicative support. ( 5 ) Eligible telecommunications carriers may query the Database only for the purposes provided in paragraphs (b)(1) through (b)(3) of this section, and to determine whether information with respect to its subscribers already in the Database is correct and complete. ( 6 ) Eligible telecommunications carriers must transmit to the Database in a format prescribed by the Administrator each new and existing Lifeline subscriber's full name; full residential address; date of birth and the last four digits of the subscriber's Social Security number or Tribal Identification number, if the subscriber is a member of a Tribal nation and does not have a Social Security number; the telephone number associated with the Lifeline service; the date on which the Lifeline service was initiated; the date on which the Lifeline service was terminated, if it has been terminated; the amount of support being sought for that subscriber; and the means through which the subscriber qualified for Lifeline. ( 7 ) In the event that two or more eligible telecommunications carriers transmit the information required by this paragraph to the Database for the same subscriber, only the eligible telecommunications carrier whose information was received and processed by the Database first, as determined by the Administrator, will be entitled to reimbursement from the Fund for that subscriber. ( 8 ) All eligible telecommunications carriers must update an existing Lifeline subscriber's information in the Database within ten business days of receiving any change to that information, except as described in paragraph (b)(10) of this section. ( 9 ) All eligible telecommunications carriers must obtain, from each new and existing subscriber, consent to transmit the subscriber's information. Prior to obtaining consent, the eligible telecommunications carrier must describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Lifeline program, and that failure to provide consent will result in subscriber being denied the Lifeline service. ( 10 ) When an eligible telecommunications carrier de-enrolls a subscriber, it must transmit to the Database the date of Lifeline service de-enrollment within one business day of de-enrollment. ( 11 ) All eligible telecommunications carriers must securely retain subscriber documentation that the ETC reviewed to verify subscriber eligibility, for the purposes of production during audits or investigations or to the extent required by NLAD processes, which require, inter alia, verification of eligibility, identity, address, and age. ( 12 ) An eligible telecommunications carrier must not enroll or claim for reimbursement a prospective subscriber in Lifeline if the National Lifeline Accountability Database or National Verifier cannot verify the identity of the subscriber or the subscriber's status as alive, unless the subscriber produces documentation to demonstrate his or her identity and status as alive. ( c ) Tribal Link Up and the National Lifeline Accountability Database. In order to receive universal service support reimbursement for Tribal Link Up, eligible telecommunications carriers operating in states that have not provided the Commission with a valid certification pursuant to paragraph (a) of this section, must comply with the following requirements: ( 1 ) Such eligible telecommunications carriers must query the Database to determine whether a prospective Link Up recipient who has executed a certification pursuant to § 54.410(d) has previously received a Link Up benefit at the residential address provided by the prospective subscriber. ( 2 ) If the Database indicates that a prospective subscriber has received a Link Up benefit at the residential address provided by the subscriber, the eligible telecommunications provider must not seek Link Up reimbursement for that subscriber. ( 3 ) An eligible telecommunications carrier is not required to comply with paragraphs (c)(1) through (c)(2) of this section, if it receives notice from a state Lifeline administrator or other state agency that the administrator or other agency has queried the Database about a prospective subscriber and that providing the prospective subscriber with a Link Up benefit would not result in duplicative support or support to a subscriber who had already received Link Up support at that residential address. ( 4 ) All eligible telecommunications carriers must transmit to the Database in a format prescribed by the Administrator each new and existing Link Up recipient's full name; residential address; date of birth; and the last four digits of the subscriber's Social Security number, or Tribal identification number if the subscriber is a member of a Tribal nation and does not have a Social Security number; the telephone number associated with the Link Up support; and the date of service activation. Where two or more eligible telecommunications carriers transmit the information required by this paragraph to the Database for the same subscriber, only the eligible telecommunications carrier whose information was received and processed by the Database first, as determined by the Administrator, will be entitled to reimbursement from the Fund for that subscriber. ( 5 ) All eligible telecommunications carriers must obtain, from each new and existing subscriber, consent to transmit the information required in paragraph (c) of this section. Prior to obtaining consent, the eligible telecommunications carrier must describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Link Up program, and that failure to provide consent will result in the subscriber being denied the Link Up benefit. [ 77 FR 12968 , Mar. 2, 2012, as amended at 80 FR 40935 , July 14, 2015; 84 FR 71327 , Dec. 27, 2019] § 54.405 Carrier obligation to offer Lifeline. All eligible telecommunications carriers must: ( a ) Make available Lifeline service, as defined in § 54.401 , to qualifying low-income consumers. ( b ) Publicize the availability of Lifeline service in a manner reasonably designed to reach those likely to qualify for the service. ( c ) Indicate on all materials describing the service, using easily understood language, that it is a Lifeline service, that Lifeline is a government assistance program, the service is non-transferable, only eligible consumers may enroll in the program, and the program is limited to one discount per household. For the purposes of this section, the term “materials describing the service” includes all print, audio, video, and web materials used to describe or enroll in the Lifeline service offering, including application and certification forms. ( d ) Disclose the name of the eligible telecommunications carrier on all materials describing the service. ( e ) De-enrollment — ( 1 ) De-enrollment generally. If an eligible telecommunications carrier has a reasonable basis to believe that a Lifeline subscriber no longer meets the criteria to be considered a qualifying low-income consumer under § 54.409 , the carrier must notify the subscriber of impending termination of his or her Lifeline service. Notification of impending termination must be sent in writing separate from the subscriber's monthly bill, if one is provided, and must be written in clear, easily understood language. A carrier providing Lifeline service in a state that has dispute resolution procedures applicable to Lifeline termination that requires, at a minimum, written notification of impending termination, must comply with the applicable state requirements. The carrier must allow a subscriber 30 days following the date of the impending termination letter required to demonstrate continued eligibility. A subscriber making such a demonstration must present proof of continued eligibility to the carrier consistent with applicable annual re-certification requirements, as described in § 54.410(f) . An eligible telecommunications carrier must de-enroll any subscriber who fails to demonstrate eligibility within five business days after the expiration of the subscriber's time to respond. A carrier providing Lifeline service in a state that has dispute resolution procedures applicable to Lifeline termination must comply with the applicable state requirements. ( 2 ) De-enrollment for duplicative support. Notwithstanding paragraph (e)(1) of this section, upon notification by the Administrator to any eligible telecommunications carrier that a subscriber is receiving Lifeline service from another eligible telecommunications carrier or that more than one member of a subscriber's household is receiving Lifeline service and therefore that the subscriber should be de-enrolled from participation in that carrier's Lifeline program, the eligible telecommunications carrier must de-enroll the subscriber from participation in that carrier's Lifeline program within five business days. An eligible telecommunications carrier shall not be eligible for Lifeline reimbursement for any de-enrolled subscriber following the date of that subscriber's de-enrollment. ( 3 ) De-enrollment for non-usage. Notwithstanding paragraph (e)(1) of this section, if a Lifeline subscriber fails to use, as “usage” is defined in § 54.407(c)(2) , for 30 consecutive days a Lifeline service that does not require the eligible telecommunications carrier to assess and collect a monthly fee from its subscribers, an eligible telecommunications carrier must provide the subscriber 15 days' notice, using clear, easily understood language, that the subscriber's failure to use the Lifeline service within the 15-day notice period will result in service termination for non-usage under this paragraph. Eligible telecommunications carriers shall report to the Commission annually the number of subscribers de-enrolled for non-usage under this paragraph. This de-enrollment information must be reported by month and must be submitted to the Commission at the time an eligible telecommunications carrier submits its annual certification report pursuant to § 54.416 . ( 4 ) De-enrollment for failure to re-certify. Notwithstanding paragraph (e)(1) of this section, an eligible telecommunications carrier must de-enroll a Lifeline subscriber who does not respond to the carrier's attempts to obtain re-certification of the subscriber's continued eligibility as required by § 54.410(f) ; or who fails to provide the annual one-per-household re-certifications as required by § 54.410(f) . Prior to de-enrolling a subscriber under this paragraph, the eligible telecommunications carrier must notify the subscriber in writing separate from the subscriber's monthly bill, if one is provided, using clear, easily understood language, that failure to respond to the re-certification request will trigger de-enrollment. A subscriber must be given 60 days to respond to recertification efforts. If a subscriber does not respond to the carrier's notice of impending de-enrollment, the carrier must de-enroll the subscriber from Lifeline within five business days after the expiration of the subscriber's time to respond to the re-certification efforts. ( 5 ) De-enrollment requested by subscriber. If an eligible telecommunications carrier receives a request from a subscriber to de-enroll, it must de-enroll the subscriber within two business days after the request. ( 6 ) De-enrollment from emergency communications support. Notwithstanding paragraph (e)(1) of this section, upon determination by the Administrator that a subscriber receiving emergency communications support has exhausted the subscriber's six months of support and has not qualified to participate in the Lifeline program as defined by § 54.409 , the Administrator must de-enroll the subscriber from participation in the Lifeline program within five business days. An eligible telecommunications carrier shall not be eligible for Lifeline reimbursement for any de-enrolled subscriber following the date of that subscriber's de-enrollment. ( 7 ) Compliance date. Compliance with paragraph (e)(6) of this section will not be required until this paragraph (e)(7) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after OMB completes review of any information collection requirements in this subpart, §§ 54.403(a)(4) , 54.410(d)(2)(ii) , 54.410(i) , and 54.424 , that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for the requirements of paragraph (e)(6) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. [ 77 FR 12969 , Mar. 2, 2012, as amended at 80 FR 35577 , June 22, 2015; 81 FR 33090 , May 24, 2016; 81 FR 45974 , July 15, 2016; 81 FR 33090 , May 24, 2016; 88 FR 84446 , Dec. 5, 2023] § 54.406 Activities of representatives of eligible telecommunications carriers. ( a ) Enrollment representative registration. An eligible telecommunications carrier must require that enrollment representatives register with the Universal Service Administrative Company before the enrollment representative can provide information directly or indirectly to the National Lifeline Accountability Database or the National Verifier. ( 1 ) As part of the registration process, eligible telecommunications carriers must require that all enrollment representatives must provide the Universal Service Administrative Company with identifying information, which may include first and last name, date of birth, the last four digits of his or her social security number, email address, and residential address. Enrollment representatives will be assigned a unique identifier, which must be used for: ( i ) Accessing the National Lifeline Accountability Database; ( ii ) Accessing the National Verifier; ( iii ) Accessing any Lifeline eligibility database; and ( iv ) Completing any Lifeline enrollment or recertification forms. ( 2 ) Eligible telecommunications carriers must ensure that enrollment representatives shall not use another person's unique identifier to enroll Lifeline subscribers, recertify Lifeline subscribers, or access the National Lifeline Accountability Database or National Verifier. ( 3 ) Eligible telecommunications carriers must ensure that enrollment representatives shall regularly recertify their status with the Universal Service Administrative Company to maintain their unique identifier and maintain access to the systems that rely on a valid unique identifier. Eligible telecommunications carriers must also ensure that enrollment representatives shall update their registration information within 30 days of any change in such information. ( 4 ) Enrollment representatives are not required to register with the Universal Service Administrative Company if the enrollment representative operates solely in a state that has been approved by the Commission to administer the Lifeline program without reliance on the Universal Service Administrative Company's systems. The exemption in this paragraph (a)(4) will not apply to any part of a state's administration of the Lifeline program that relies on the Universal Service Administrative Company's systems. ( b ) Prohibition of commissions for enrollment representatives. An eligible telecommunications carrier shall not offer or provide to enrollment representatives or their direct supervisors any commission compensation that is based on the number of consumers who apply for or are enrolled in the Lifeline program with that eligible telecommunications carrier. [ 84 FR 71328 , Dec. 27, 2019] § 54.407 Reimbursement for offering Lifeline. ( a ) Universal Service support for providing Lifeline shall be provided directly to an eligible telecommunications carrier based on the number of actual qualifying low-income customers listed in the National Lifeline Accountability Database that the eligible telecommunications carrier serves directly as of the first of the month. Eligible telecommunications carriers operating in a state that has provided the Commission with an approved valid certification pursuant to § 54.404(a) must comply with that state administrator's process for determining the number of subscribers to be claimed for each month, and in those states Universal Service support for providing Lifeline shall be provided directly to the eligible telecommunications carrier based on that number of actual qualifying low-income customers, according to the state administrator or other state agency's process. ( b ) For each qualifying low-income consumer receiving Lifeline service, the reimbursement amount shall equal the federal support amount, including the support amounts described in § 54.403(a) and (c) . The eligible telecommunications carrier's universal service support reimbursement shall not exceed the carrier's rate for that offering, or similar offerings, subscribed to by consumers who do not qualify for Lifeline. ( c ) An eligible telecommunications carrier offering a Lifeline service that does not require the eligible telecommunications carrier to assess and collect a monthly fee from its subscribers: ( 1 ) Shall not receive universal service support for a subscriber to such Lifeline service until the subscriber activates the service by whatever means specified by the carrier, such as completing an outbound call; and ( 2 ) After service activation, an eligible telecommunications carrier shall only continue to receive universal service support reimbursement for such Lifeline service provided to subscribers who have used the service within the last 30 days, or who have cured their non-usage as provided for in § 54.405(e)(3) . Any of these activities, if undertaken by the subscriber, will establish “usage” of the Lifeline service: ( i ) Completion of an outbound call or usage of data; ( ii ) Purchase of minutes or data from the eligible telecommunications carrier to add to the subscriber's service plan; ( iii ) Answering an incoming call from a party other than the eligible telecommunications carrier or the eligible telecommunications carrier's agent or representative; ( iv ) Responding to direct contact from the eligible communications carrier and confirming that he or she wants to continue receiving Lifeline service; or ( v ) Sending a text message. ( d ) In order to receive universal service support reimbursement, an officer of each eligible telecommunications carrier must certify, as part of each request for reimbursement, that: ( 1 ) The eligible telecommunications carrier is in compliance with all of the rules in this subpart; and ( 2 ) The eligible telecommunications carrier has obtained valid certification and recertification forms to the extent required under this subpart for each of the subscribers for whom it is seeking reimbursement. ( e ) In order to receive universal service support reimbursement, an eligible telecommunications carrier must keep accurate records of the revenues it forgoes in providing Lifeline services. Such records shall be kept in the form directed by the Administrator and provided to the Administrator at intervals as directed by the Administrator or as provided in this subpart. [ 77 FR 12970 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012; 80 FR 35577 , June 22, 2015; 80 FR 40935 , July 14, 2015; 81 FR 33091 , May 24, 2016; 84 FR 71328 , Dec. 27, 2019] § 54.408 Minimum service standards. ( a ) As used in this subpart, with the following exception of paragraph (a)(2) of this section, a minimum service standard is: ( 1 ) The level of service which an eligible telecommunications carrier must provide to an end user in order to receive the Lifeline support amount. ( 2 ) The minimum service standard for mobile broadband speed, as described in paragraph (b)(2)(i) of this section, is the level of service which an eligible telecommunications carrier must both advertise and provide to an end user. ( b ) Minimum service standards for Lifeline supported services will take effect on December 1, 2016. The minimum service standards set forth below are subject to the conditions in § 54.401 . The initial minimum service standards, as set forth in paragraphs (b)(1) through (3) of this section, will be subject to the updating mechanisms described in paragraph (c) of this section. ( 1 ) Fixed broadband will have minimum service standards for speed and data usage allowance, subject to the exceptions in paragraph (d) of this section. ( i ) The minimum service standard for fixed broadband speed will be 10 Megabits per second downstream/1 Megabit per second upstream. ( ii ) The minimum service standard for fixed broadband data usage allowance will be 150 gigabytes per month. ( 2 ) Mobile broadband will have minimum service standards for speed and data usage allowance. ( i ) The minimum service standard for mobile broadband speed will be 3G. ( ii ) The minimum service standard for mobile broadband data usage allowance will be: ( A ) From December 1, 2016 until November 30, 2017, 500 megabytes per month; ( B ) From December 1, 2017, until November 30, 2018, 1 gigabyte per month; ( C ) From December 1, 2018 until November 30, 2019, 2 gigabytes per month; and ( D ) On and after December 1, 2019, the minimum standard will be calculated using the mechanism set forth in paragraphs (c)(2)(ii)(A) through (D) of this section. If the data listed in paragraphs (c)(2)(ii)(A) through (D) do not meet the criteria set forth in paragraph (c)(2)(iii) of this section, then the updating mechanism in paragraph (c)(2)(iii) will be used instead. ( 3 ) The minimum service standard for mobile voice service will be: ( i ) From December 1, 2016, until November 30, 2017, 500 minutes; ( ii ) From December 1, 2017, until November 30, 2018, 750 minutes; and ( iii ) On and after December 1, 2018, the minimum standard will be 1000 minutes. ( c ) Minimum service standards will be updated using the following mechanisms: ( 1 ) Fixed broadband will have minimum service standards for speed and data usage allowance. The standards will updated as follows: ( i ) The standard for fixed broadband speed will be updated on an annual basis. The standard will be set at the 30th percentile, rounded up to the nearest Megabit-per-second integer, of subscribed fixed broadband downstream and upstream speeds. The 30th percentile will be determined by analyzing FCC Form 477 Data. The new standard will be published in a Public Notice issued by the Wireline Competition Bureau on or before July 31, which will give the new minimum standard for the upcoming year. In the event that the Bureau does not release a Public Notice, or the data are older than 18 months, the minimum standard will be the greater of: ( A ) The current minimum standard; or ( B ) The Connect America Fund minimum speed standard for rate-of-return fixed broadband providers, as set forth in 47 CFR 54.308(a) . ( ii ) The standard for fixed broadband data usage allowance will be updated on an annual basis. The new standard will be published in a Public Notice issued by the Wireline Competition Bureau on or before July 31, which will give the new minimum standard for the upcoming year. The updated standard will be the greater of: ( A ) An amount the Wireline Competition Bureau deems appropriate, based on what a substantial majority of American consumers already subscribe to, after analyzing Urban Rate Survey data and other relevant data; or ( B ) The minimum standard for data usage allowance for rate-of-return fixed broadband providers set in the Connect America Fund. ( 2 ) Mobile broadband will have minimum service standards for speed and capacity. The standards will be updated as follows: ( i ) The standard for mobile broadband speed will be updated when, after analyzing relevant data, including the FCC Form 477 data, the Wireline Competition Bureau determines such an adjustment is necessary. If the standard for mobile broadband speed is updated, the new standard will be published in a Public Notice issued by the Wireline Competition Bureau. ( ii ) The standard for mobile broadband capacity will be updated on an annual basis. The standard will be determined by: ( A ) Dividing the total number of mobile-cellular subscriptions in the United States, as reported in the Mobile Competition Report by the total number of American households, as determined by the U.S. Census Bureau, in order to determine the number of mobile-cellular subscriptions per American household. This number will be rounded to the hundredths place and then multiplied by; ( B ) The percentage of Americans who own a smartphone, according to the Commission's annual Mobile Competition Report. This number will be rounded to the hundredths place and then multiplied by; ( C ) The average data used per mobile smartphone subscriber, as reported by the Commission in its annual Mobile Competition Report. This number will be rounded to the hundredths place and then multiplied by; ( D ) Seventy (70) percent. The result will then be rounded up to the nearest 250 MB interval to provide the new monthly minimum service standard for the mobile broadband data usage allowance. ( iii ) If the Wireline Competition Bureau does not release a Public Notice giving new minimum standards for mobile broadband capacity on or before July 31, or if the necessary data needed to calculate the new minimum standard are older than 18 months, the data usage allowance will be updated by multiplying the current data usage allowance by the percentage of the year-over-year change in average mobile data usage per smartphone user, as reported in the Mobile Competition Report. That amount will be rounded up to the nearest 250 MB. ( d ) Exception for certain fixed broadband providers. Subject to the limitations in paragraphs (d)(1) through (4) of this section, the Lifeline discount may be applied for fixed broadband service that does not meet the minimum standards set forth in paragraph (b)(1) of this section. If the provider, in a given area: ( 1 ) Does not offer any fixed broadband service that meets our minimum service standards set forth in paragraph (b)(1) of this section; but ( 2 ) Offers a fixed broadband service of at least 4 Mbps downstream/1 Mbps upstream in that given area; then, ( 3 ) In that given area, a fixed broadband provider may receive Lifeline funds for the purchase of its highest performing generally available residential offering, lexicographically ranked by: ( i ) Download bandwidth; ( ii ) Upload bandwidth; and ( iii ) Usage allowance. ( 4 ) A fixed broadband provider claiming Lifeline support under this section will certify its compliance with this section's requirements and will be subject to the Commission's audit authority. ( e ) Except as provided in paragraph (d) of this section, eligible telecommunications carriers shall not apply the Lifeline discount to offerings that do not meet the minimum service standards. ( f ) Equipment requirement. ( 1 ) Any fixed or mobile broadband Lifeline provider, which provides devices to its consumers, must ensure that all such devices provided to a consumer are Wi-Fi enabled. ( 2 ) A Lifeline provider may not institute an additional or separate tethering charge for any mobile data usage that is below the minimum service standard set forth in paragraph (b)(2) of this section. ( 3 ) Any mobile broadband Lifeline provider which provides devices to its consumers must offer at least one device that is capable of being used as a hotspot. This requirement will change as follows: ( i ) From December 1, 2017 to November 30, 2018, a provider that offers devices must ensure that at least 15 percent of such devices are capable of being used as a hotspot. ( ii ) From December 1, 2018 to November 30, 2019, a provider that offers devices must ensure that at least 20 percent of such devices are capable of being used as a hotspot. ( iii ) From December 1, 2019 to November 30, 2020, a provider that offers devices must ensure that at least 25 percent of such devices are capable of being used as a hotspot. ( iv ) From December 1, 2020 to November 30, 2021, a provider that offers devices must ensure that at least 35 percent of such devices are capable of being used as a hotspot. ( v ) From December 1, 2021 to November 30, 2022, a provider that offers devices must ensure that at least 45 percent of such devices are capable of being used as a hotspot. ( vi ) From December 1, 2022 to November 30, 2023, a provider that offers devices must ensure that at least 55 percent of such devices are capable of being used as a hotspot. ( vii ) From December 1, 2023 to November 30, 2024, a provider that offers devices must ensure that at least 65 percent of such devices are capable of being used as a hotspot. ( viii ) On December 1, 2024, a provider that offers devices must ensure that at least 75 percent of such devices are capable of being used as a hotspot. [ 81 FR 33091 , May 24, 2016] § 54.409 Consumer qualification for Lifeline. ( a ) To constitute a qualifying low-income consumer: ( 1 ) A consumer's household income as defined in § 54.400(f) must be at or below 135% of the Federal Poverty Guidelines for a household of that size; or ( 2 ) The consumer, one or more of the consumer's dependents, or the consumer's household must receive benefits from one of the following federal assistance programs: Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; or Veterans and Survivors Pension Benefit. ( 3 ) Consumers that are survivors can qualify to receive emergency communications support from the Lifeline program without regard to whether the survivor meets the otherwise applicable eligibility requirements of the Lifeline program in this part, if: ( i ) The survivor suffers from financial hardship as defined by § 54.400(s) ; and ( ii ) The survivor requested a line separation as required under 47 U.S.C. 345(c)(1) of the Communications Act of 1934. ( 4 ) Compliance with paragraph (a)(3) of this section will not be required until this paragraph (a)(4) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after OMB completes review of any information collection requirements in this subpart, §§ 54.403(a)(4) , 54.410(d)(2)(ii) , 54.410(i) , and 54.424 , that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for the requirements of paragraph (a)(3) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. ( b ) A consumer who lives on Tribal lands is eligible for Lifeline service as a “qualifying low-income consumer” as defined by § 54.400(a) and as an “eligible resident of Tribal lands” as defined by § 54.400(e) if that consumer meets the qualifications for Lifeline specified in paragraph (a) of this section or if the consumer, one or more of the consumer's dependents, or the consumer's household participates in one of the following Tribal-specific federal assistance programs: Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families; Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations. ( c ) In addition to meeting the qualifications provided in paragraph (a) or (b) of this section, in order to constitute a qualifying low-income consumer, a consumer must not already be receiving a Lifeline service, and there must not be anyone else in the subscriber's household subscribed to a Lifeline service. [ 77 FR 12970 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012; 81 FR 33093 , May 24, 2016; 88 FR 84447 , Dec. 5, 2023] § 54.410 Subscriber eligibility determination and certification. ( a ) All eligible telecommunications carriers must implement policies and procedures for ensuring that their Lifeline subscribers are eligible to receive Lifeline services. An eligible telecommunications carrier may not provide a consumer with an activated device that it represents enables use of Lifeline-supported service, nor may it activate service that it represents to be Lifeline service, unless and until it has: ( 1 ) Confirmed that the consumer is a qualifying low-income consumer pursuant to § 54.409 , and; ( 2 ) Completed the eligibility determination and certification required by this section and §§ 54.404 through 54.405 , and completed any other necessary enrollment steps. ( b ) Initial income-based eligibility determination. ( 1 ) Except where the National Verifier, state Lifeline administrator or other state agency is responsible for the initial determination of a subscriber's eligibility, when a prospective subscriber seeks to qualify for Lifeline using the income-based eligibility criteria provided for in § 54.409(a)(1) an eligible telecommunications carrier: ( i ) Must not seek reimbursement for providing Lifeline to a subscriber, unless the carrier has received a certification of eligibility from the prospective subscriber that complies with the requirements set forth in paragraph (d) of this section and has confirmed the subscriber's income-based eligibility using the following procedures: ( A ) If an eligible telecommunications carrier can determine a prospective subscriber's income-based eligibility by accessing one or more databases containing information regarding the subscriber's income (“income databases”), the eligible telecommunications carrier must access such income databases and determine whether the prospective subscriber qualifies for Lifeline. ( B ) If an eligible telecommunications carrier cannot determine a prospective subscriber's income-based eligibility by accessing income databases, the eligible telecommunications carrier must review documentation that establishes that the prospective subscriber meets the income-eligibility criteria set forth in § 54.409(a)(1) . Acceptable documentation of income eligibility includes the prior year's state, federal, or Tribal tax return; current income statement from an employer or paycheck stub; a Social Security statement of benefits; a Veterans Administration statement of benefits; a retirement/pension statement of benefits; an Unemployment/Workers' Compensation statement of benefit; federal or Tribal notice letter of participation in General Assistance; or a divorce decree, child support award, or other official document containing income information. If the prospective subscriber presents documentation of income that does not cover a full year, such as current pay stubs, the prospective subscriber must present the same type of documentation covering three consecutive months within the previous twelve months. ( ii ) Must securely retain copies of documentation demonstrating a prospective subscriber's income-based eligibility for Lifeline consistent with § 54.417 , except to the extent such documentation is retained by the National Verifier. ( 2 ) Where the National Verifier, state Lifeline administrator, or other state agency is responsible for the initial determination of a subscriber's eligibility, an eligible telecommunications carrier must not seek reimbursement for providing Lifeline service to a subscriber, based on that subscriber's income eligibility, unless the carrier has received from the National Verifier, state Lifeline administrator, or other state agency: ( i ) Notice that the prospective subscriber meets the income-eligibility criteria set forth in § 54.409(a)(1) ; and ( ii ) If a state Lifeline administrator or other state agency is responsible for the initial determination of a subscriber's eligibility, a copy of the subscriber's certification that complies with the requirements set forth in paragraph (d) of this section. ( iii ) An eligible telecommunications carrier must securely retain all information and documentation provided by the state Lifeline administrator or other state agency consistent with § 54.417 . ( c ) Initial program-based eligibility determination. ( 1 ) Except in states where the National Verifier, state Lifeline administrator, or other state agency is responsible for the initial determination of a subscriber's program-based eligibility, when a prospective subscriber seeks to qualify for Lifeline service using the program-based criteria set forth in § 54.409(a)(2) or (b) , an eligible telecommunications carrier: ( i ) Must not seek reimbursement for providing Lifeline to a subscriber unless the carrier has received a certification of eligibility from the subscriber that complies with the requirements set forth in paragraph (d) of this section and has confirmed the subscriber's program-based eligibility using the following procedures: ( A ) If the eligible telecommunications carrier can determine a prospective subscriber's program-based eligibility for Lifeline by accessing one or more databases containing information regarding enrollment in qualifying assistance programs (“eligibility databases”), the eligible telecommunications carrier must access such eligibility databases to determine whether the prospective subscriber qualifies for Lifeline based on participation in a qualifying assistance program; or ( B ) If an eligible telecommunications carrier cannot determine a prospective subscriber's program-based eligibility for Lifeline by accessing eligibility databases, the eligible telecommunications carrier must review documentation demonstrating that a prospective subscriber qualifies for Lifeline under the program-based eligibility requirements. Acceptable documentation of program eligibility includes the current or prior year's statement of benefits from a qualifying assistance program, a notice or letter of participation in a qualifying assistance program, program participation documents, or another official document demonstrating that the prospective subscriber, one or more of the prospective subscriber's dependents or the prospective subscriber's household receives benefits from a qualifying assistance program. ( ii ) Must securely retain copies of the documentation demonstrating a subscriber's program-based eligibility for Lifeline, consistent with § 54.417 , except to the extent such documentation is retained by the National Verifier. ( 2 ) Where the National Verifier, state Lifeline administrator, or other state agency is responsible for the initial determination of a subscriber's eligibility, when a prospective subscriber seeks to qualify for Lifeline service using the program-based eligibility criteria provided in § 54.409(a)(2) or (b) , an eligible telecommunications carrier must not seek reimbursement for providing Lifeline to a subscriber unless the carrier has received from the National Verifier, state Lifeline administrator or other state agency: ( i ) Notice that the subscriber meets the program-based eligibility criteria set forth in § 54.409(a)(2) or (b) ; and ( ii ) If a state Lifeline administrator or other state agency is responsible for the initial determination of a subscriber's eligibility, a copy of the subscriber's certification that complies with the requirements set forth in paragraph (d) of this section. ( iii ) An eligible telecommunications carrier must securely retain all information and documentation provided by the state Lifeline administrator or other state agency consistent with § 54.417 . ( d ) Eligibility certification form. Eligible telecommunications carriers and state Lifeline administrators or other state agencies that are responsible for the initial determination of a subscriber's eligibility for Lifeline must provide prospective subscribers Lifeline certification forms that provide the information in paragraphs (d)(1) through (3) of this section in clear, easily understood language. If a Federal eligibility certification form is available, entities enrolling subscribers must use such form to enroll a qualifying low-income consumer into the Lifeline program. ( 1 ) The form provided by the entity enrolling subscribers must provide the information in paragraphs (d)(1)(i) through (vi) of this section: ( i ) Lifeline is a federal benefit and that willfully making false statements to obtain the benefit can result in fines, imprisonment, de-enrollment or being barred from the program; ( ii ) Only one Lifeline service is available per household; ( iii ) A household is defined, for purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses; ( iv ) A household is not permitted to receive Lifeline benefits from multiple providers; ( v ) Violation of the one-per-household limitation constitutes a violation of the Commission's rules and will result in the subscriber's de-enrollment from the program; and ( vi ) Lifeline is a non-transferable benefit and the subscriber may not transfer his or her benefit to any other person. ( 2 ) The form provided by the entity enrolling subscribers must require each prospective subscriber to provide the information in paragraphs (d)(2)(i) through (viii) of this section: ( i ) The subscriber's full name; ( ii ) The subscriber's full residential address, or, for a subscriber seeking to receive emergency communications support from the Lifeline program, a prior billing or residential address from within the past six months; ( iii ) Whether the subscriber's residential address is permanent or temporary; ( iv ) The subscriber's billing address, if different from the subscriber's residential address; ( v ) The subscriber's date of birth; ( vi ) The last four digits of the subscriber's social security number, or the subscriber's Tribal identification number, if the subscriber is a member of a Tribal nation and does not have a social security number; ( vii ) If the subscriber is seeking to qualify for Lifeline under the program-based criteria, as set forth in § 54.409 , the name of the qualifying assistance program from which the subscriber, his or her dependents, or his or her household receives benefits; and ( viii ) If the subscriber is seeking to qualify for Lifeline under the income-based criterion, as set forth in § 54.409 , the number of individuals in his or her household. ( 3 ) The form provided by the entity enrolling subscribers shall require each prospective subscriber to initial his or her acknowledgement of each of the certifications in paragraphs (d)(3)(i) through (viii) of this section individually and under penalty of perjury: ( i ) The subscriber meets the income-based or program-based eligibility criteria for receiving Lifeline, provided in § 54.409 ; ( ii ) The subscriber will notify the carrier within 30 days if for any reason he or she no longer satisfies the criteria for receiving Lifeline including, as relevant, if the subscriber no longer meets the income-based or program-based criteria for receiving Lifeline support, the subscriber is receiving more than one Lifeline benefit, or another member of the subscriber's household is receiving a Lifeline benefit. ( iii ) If the subscriber is seeking to qualify for Lifeline as an eligible resident of Tribal lands, he or she lives on Tribal lands, as defined in 54.400(e); ( iv ) If the subscriber moves to a new address, he or she will provide that new address to the eligible telecommunications carrier within 30 days; ( v ) The subscriber's household will receive only one Lifeline service and, to the best of his or her knowledge, the subscriber's household is not already receiving a Lifeline service; ( vi ) The information contained in the subscriber's certification form is true and correct to the best of his or her knowledge, ( vii ) The subscriber acknowledges that providing false or fraudulent information to receive Lifeline benefits is punishable by law; and ( viii ) The subscriber acknowledges that the subscriber may be required to re-certify his or her continued eligibility for Lifeline at any time, and the subscriber's failure to re-certify as to his or her continued eligibility will result in de-enrollment and the termination of the subscriber's Lifeline benefits pursuant to § 54.405(e)(4) . ( e ) State Lifeline administrators or other state agencies that are responsible for the initial determination of a subscriber's eligibility for Lifeline must provide each eligible telecommunications carrier with a copy of each of the certification forms collected by the state Lifeline administrator or other state agency for that carrier's subscribers. ( f ) Annual eligibility re-certification process — ( 1 ) All eligible telecommunications carriers must annually re-certify all subscribers, except for subscribers in states where the National Verifier, state Lifeline administrator, or other state agency is responsible for the annual re-certification of subscribers' Lifeline eligibility. ( 2 ) In order to re-certify a subscriber's eligibility, an eligible telecommunications carrier must confirm a subscriber's current eligibility to receive Lifeline by: ( i ) Querying the appropriate eligibility databases, confirming that the subscriber still meets the program-based eligibility requirements for Lifeline, and documenting the results of that review; or ( ii ) Querying the appropriate income databases, confirming that the subscriber continues to meet the income-based eligibility requirements for Lifeline, and documenting the results of that review. ( iii ) If the subscriber's program-based or income-based eligibility for Lifeline cannot be determined by accessing one or more eligibility databases, then the eligible telecommunications carrier must obtain a signed certification from the subscriber confirming the subscriber's continued eligibility. If the subscriber's eligibility was previously confirmed through an eligibility database during enrollment or a prior recertification and the subscriber is no longer included in any eligibility database, the eligible telecommunications carrier must obtain both an Annual Recertification Form and documentation meeting the requirements of paragraph (b)(1)(i)(B) or (c)(1)(i)(B) from that subscriber to complete the process. Eligible telecommunications carriers must use the Wireline Competition Bureau-approved universal Annual Recertification Form, except where state law, state regulation, a state Lifeline administrator, or a state agency requires eligible telecommunications carriers to use state-specific Lifeline recertification forms. ( iv ) In states in which the National Verifier has been implemented, the eligible telecommunications carrier cannot re-certify subscribers not found in the National Verifier by obtaining a certification form from the subscriber. ( 3 ) Where the National Verifier, state Lifeline administrator, or other state agency is responsible for re-certification of a subscriber's Lifeline eligibility, the National Verifier, state Lifeline administrator, or state agency must confirm a subscriber's current eligibility to receive a Lifeline service by: ( i ) Querying the appropriate eligibility databases, confirming that the subscriber still meets the program-based eligibility requirements for Lifeline, and documenting the results of that review; or ( ii ) Querying the appropriate income databases, confirming that the subscriber continues to meet the income-based eligibility requirements for Lifeline, and documenting the results of that review. ( iii ) If the subscriber's program-based or income-based eligibility for Lifeline cannot be determined by accessing one or more eligibility databases, then the National Verifier, state Lifeline administrator, or state agency must obtain a signed certification from the subscriber confirming the subscriber's continued eligibility. If the subscriber's eligibility was previously confirmed through an eligibility database during enrollment or a prior recertification and the subscriber is no longer included in any eligibility database, the National Verifier, state Lifeline administrator, or state agency must obtain both an approved Annual Recertification Form and documentation meeting the requirements of paragraph (b)(1)(i)(B) or (c)(1)(i)(B) from that subscriber to complete the certification process. Entities responsible for re-certification under this section must use the Wireline Competition Bureau-approved universal Annual Recertification Form, except where state law, state regulation, a state Lifeline administrator, or a state agency requires eligible telecommunications carriers to use state-specific Lifeline recertification forms, or where the National Verifier Recertification Form is required. ( 4 ) Where the National Verifier, state Lifeline administrator, or other state agency is responsible for re-certification of subscribers' Lifeline eligibility, the National Verifier, state Lifeline administrator, or other state agency must provide to each eligible telecommunications carrier the results of its annual re-certification efforts with respect to that eligible telecommunications carrier's subscribers. ( 5 ) If an eligible telecommunications carrier is unable to re-certify a subscriber or has been notified by the National Verifier, a state Lifeline administrator, or other state agency that it is unable to re-certify a subscriber, the eligible telecommunications carrier must comply with the de-enrollment requirements provided for in § 54.405(e)(4) . ( g ) One-Per-Household Worksheet. If the prospective subscriber shares an address with one or more existing Lifeline subscribers according to the National Lifeline Accountability Database or National Verifier, the prospective subscriber must complete a form certifying compliance with the one-per-household rule upon initial enrollment. Eligible telecommunications carriers must fulfill the requirement in this paragraph (g) by using the Household Worksheet, as provided by the Wireline Competition Bureau. Where state law, state regulation, a state Lifeline administrator, or a state agency requires eligible telecommunications carriers to use state-specific Lifeline enrollment forms, eligible telecommunications carriers may use those forms in place of the Commission's Household Worksheet. At re-certification, if there are changes to the subscriber's household that would prevent the subscriber from accurately certifying to paragraph (d)(3)(vi) of this section, then the subscriber must complete a new Household Worksheet. Eligible telecommunications carriers must mark subscribers as having completed a Household Worksheet in the National Lifeline Accountability Database if and only if the subscriber shares an address with an existing Lifeline subscriber, as reported by the National Lifeline Accountability Database. ( h ) National Verifier transition. As the National Verifier is implemented in a state, the obligations in paragraphs (b) through (g) of this section with respect to the National Verifier and eligible telecommunications carriers will also take effect. ( i ) Survivors of domestic violence. All survivors seeking to receive emergency communications support from the Lifeline program must have their eligibility to participate in the program confirmed through the National Verifier. The National Verifier will also transition survivors approaching the end of their six-month emergency support period in a manner consistent with the requirements applied to eligible telecommunications carriers at paragraph (f) of this section, and the National Verifier will de-enroll survivors whose continued eligibility to participate in the Lifeline program cannot be confirmed, consistent with § 54.405(e)(6) . ( j ) Compliance date. Compliance with paragraph (d)(2)(ii) and paragraph (i) will not be required until this paragraph (j) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after OMB completes review of any information collection requirements in paragraph (d)(2)(ii) and paragraph (i) that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for paragraph (d)(2)(ii) and paragraph (i) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. [ 77 FR 12970 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012; 78 FR 40970 , July 9, 2013; 80 FR 40935 , July 14, 2015; 81 FR 33093 , May 24, 2016; 83 FR 2085 , Jan. 16, 2018; 84 FR 71328 , Dec. 27, 2019; 88 FR 84447 , Dec. 5, 2023] § 54.411 [Reserved] § 54.412 Off reservation Tribal lands designation process. ( a ) The Commission's Wireline Competition Bureau and the Office of Native Affairs and Policy may, upon receipt of a request made in accordance with the requirements of this section, designate as Tribal lands, for the purposes of the Lifeline and Tribal Link Up program, areas or communities that fall outside the boundaries of existing Tribal lands but which maintain the same characteristics as lands identified as Tribal lands defined as in § 54.400(e) . ( b ) A request for designation must be made to the Commission by a duly authorized official of a federally recognized American Indian Tribe or Alaska Native Village. ( c ) A request for designation must clearly describe a defined geographical area for which the requesting party seeks designation as Tribal lands. ( d ) A request for designation must demonstrate the Tribal character of the area or community. ( e ) A request for designation must provide sufficient evidence of a nexus between the area or community and the Tribe, and describe in detail how program support to the area or community would aid the Tribe in serving the needs and interests of its citizens and further the Commission's goal of increasing telecommunications access on Tribal lands. ( f ) Upon designation by the Wireline Competition Bureau and the Office of Native Affairs and Policy, the area or community described in the designation shall be considered Tribal lands for the purposes of this subpart. [ 77 FR 12972 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012] § 54.413 Link Up for Tribal lands. ( a ) Definition. For purposes of this subpart, the term “Tribal Link Up” means an assistance program for eligible residents of Tribal lands seeking telecommunications service from a telecommunications carrier that is receiving high-cost support on Tribal lands, pursuant to subpart D of this part , that provides: ( 1 ) A 100 percent reduction, up to $100, of the customary charge for commencing telecommunications service for a single telecommunications connection at a subscriber's principal place of residence imposed by an eligible telecommunications carrier that is also receiving high-cost support on Tribal lands, pursuant to subpart D of this part . For purposes of this subpart, a “customary charge for commencing telecommunications service”' is the ordinary charge an eligible telecommunications carrier imposes and collects from all subscribers to initiate service with that eligible telecommunications carrier. A charge imposed only on qualifying low-income consumers to initiate service is not a customary charge for commencing telecommunications service. Activation charges routinely waived, reduced, or eliminated with the purchase of additional products, services, or minutes are not customary charges eligible for universal service support; and ( 2 ) A deferred schedule of payments of the customary charge for commencing telecommunications service for a single telecommunications connection at a subscriber's principal place of residence imposed by an eligible telecommunications carrier that is also receiving high-cost support on Tribal lands, pursuant to subpart D of this part , for which the eligible resident of Tribal lands does not pay interest. The interest charges not assessed to the eligible resident of Tribal lands shall be for a customary charge for connecting telecommunications service of up to $200 and such interest charges shall be deferred for a period not to exceed one year. ( b ) An eligible resident of Tribal lands may receive the benefit of the Tribal Link Up program for a second or subsequent time only for otherwise qualifying commencement of telecommunications service at a principal place of residence with an address different from the address for which Tribal Link Up assistance was provided previously. [ 88 FR 34782 , May 31, 2023] § 54.414 Reimbursement for Tribal Link Up. ( a ) Eligible telecommunications carriers that are receiving high-cost support, pursuant to subpart D of this part , may receive universal service support reimbursement for the reduction in their customary charge for commencing telecommunications service and for providing a deferred schedule for payment of the customary charge for commencing telecommunications services for which the subscriber does not pay interest, in conformity with § 54.413 . ( b ) In order to receive universal support reimbursement for providing Tribal Link Up, eligible telecommunications carriers must follow the procedures set forth in § 54.410 to determine an eligible resident of Tribal lands' initial eligibility for Tribal Link Up. Eligible telecommunications carriers must obtain a certification form from each eligible resident of Tribal lands that complies with § 54.410 prior to enrolling him or her in Tribal Link Up. ( c ) In order to receive universal service support reimbursement for providing Tribal Link Up, eligible telecommunications carriers must keep accurate records of the reductions in their customary charge for commencing telecommunications service and for providing a deferred schedule for payment of the charges assessed for commencing service for which the subscriber does not pay interest, in conformity with § 54.413 . Such records shall be kept in the form directed by the Administrator and provided to the Administrator at intervals as directed by the Administrator or as provided in this subpart. The reductions in the customary charge for which the eligible telecommunications carrier may receive reimbursement shall include only the difference between the carrier's customary connection or interest charges and the charges actually assessed to the subscriber receiving Lifeline services. [ 77 FR 12973 , Mar. 2, 2012, as amended at 88 FR 34783 , May 31, 2023] § 54.416 Annual certifications by eligible telecommunications carriers. ( a ) Eligible telecommunications carrier certifications. Eligible telecommunications carriers are required to make and submit to the Administrator the following annual certifications, under penalty of perjury, relating to the Lifeline program: ( 1 ) An officer of each eligible telecommunications carrier must certify that the carrier has policies and procedures in place to ensure that its Lifeline subscribers are eligible to receive Lifeline services. Each eligible telecommunications carrier must make this certification annually to the Administrator as part of the carrier's submission of annual re-certification data pursuant to this section. In instances where an eligible telecommunications carrier confirms consumer eligibility by relying on income or eligibility databases, as defined in § 54.410(b)(1)(i)(A) or (c)(1)(i)(A) , the representative must attest annually as to what specific data sources the eligible telecommunications carrier used to confirm eligibility. ( 2 ) An officer of the eligible telecommunications carrier must certify that the carrier is in compliance with all federal Lifeline certification procedures. Eligible telecommunications carriers must make this certification annually to the Administrator as part of the carrier's submission of re-certification data pursuant to this section. ( 3 ) An officer of the eligible telecommunications carrier must certify that the carrier is in compliance with the minimum service levels set forth in § 54.408 . Eligible telecommunications carriers must make this certification annually to the Administrator as part of the carrier's submission of re-certification data pursuant to this section. ( b ) All eligible telecommunications carriers must annually provide the results of their re-certification efforts, performed pursuant to § 54.410(f) , to the Commission and the Administrator. Eligible telecommunications carriers designated as such by one or more states pursuant to § 54.201 must also provide, on an annual basis, the results of their re-certification efforts to state commissions for subscribers residing in those states where the state designated the eligible telecommunications carrier. Eligible telecommunications carriers must also provide their annual re-certification results for subscribers residing on Tribal lands to the relevant Tribal governments. ( c ) States that mandate Lifeline support may impose additional standards on eligible telecommunications carriers operating in their states to ensure compliance with state Lifeline programs. [ 77 FR 12973 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012; 81 FR 33094 , May 24, 2016] § 54.417 Recordkeeping requirements. ( a ) Eligible telecommunications carriers must maintain records to document compliance with all Commission and state requirements governing the Lifeline and Tribal Link Up program for the three full preceding calendar years and provide that documentation to the Commission or Administrator upon request. Eligible telecommunications carriers must maintain the documentation required in §§ 54.404 (b)(11) , 54.410(b) , 54.410 (c) , 54.410(d) , and 54.410(f) for as long as the subscriber receives Lifeline service from that eligible telecommunications carrier, but for no less than the three full preceding calendar years. ( b ) Prior to the effective date of the rules, if an eligible telecommunications carrier provides Lifeline discounted wholesale services to a reseller, it must obtain a certification from that reseller that it is complying with all Commission requirements governing the Lifeline and Tribal Link Up program. Beginning on the effective date of the rules, the eligible telecommunications carrier must retain the reseller certification for the three full preceding calendar years and provide that documentation to the Commission or Administrator upon request. ( c ) Non-eligible telecommunications carrier resellers that purchased Lifeline discounted wholesale services to offer discounted services to low-income consumers prior to the effective date of the rules, must maintain records to document compliance with all Commission requirements governing the Lifeline and Tribal Link Up program for the three full preceding calendar years and provide that documentation to the Commission or Administrator upon request. [ 80 FR 40935 , July 14, 2015] § 54.419 Validity of electronic signatures. ( a ) For the purposes of this subpart, an electronic signature, defined by the Electronic Signatures in Global and National Commerce Act, as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record, has the same legal effect as a written signature. ( b ) For the purposes of this subpart, an electronic record, defined by the Electronic Signatures in Global and National Commerce Act as a contract or other record created, generated, sent, communicated, received, or stored by electronic means, constitutes a record. [ 77 FR 12974 , Mar. 2, 2012] § 54.420 Low income program audits. ( a ) Independent audit requirements for eligible telecommunications carriers. Eligible telecommunications carriers identified by USAC must obtain a third-party biennial audit of their compliance with the rules in this subpart. Such engagements shall be agreed upon performance attestations to assess the company's overall compliance with the rules in this subpart and the company's internal controls regarding the regulatory requirements in this subpart. ( 1 ) Eligible telecommunications carriers will be selected for audit based on risk-based criteria developed by USAC and approved by the Office of Managing Director and the Wireline Competition Bureau. ( 2 ) The initial audit must be completed one year after the Commission issues a standardized audit plan outlining the scope of the engagement and the extent of compliance testing to be performed by third-party auditors and shall be conducted every two years thereafter, unless directed otherwise by the Commission. The following minimum requirements shall apply: ( i ) The audit must be conducted by a licensed certified public accounting firm that is independent of the carrier. ( ii ) The engagement shall be conducted consistent with government accounting standards (GAGAS). ( 3 ) The certified public accounting firm shall submit to the Commission any rule interpretations necessary to complete the biennial audit, and the Administrator shall notify all firms subject to the biennial audit requirement of such requests. The audit issue will be noted, but not held as a negative finding, in future audit reports for all carriers subject to this requirement unless and until guidance has been provided by the Commission. ( 4 ) Within 60 days after completion of the audit work, but prior to finalization of the report, the third party auditor shall submit a draft of the audit report to the Commission and the Administrator, who shall be deemed authorized users of such reports. Finalized audit reports must be provided to the Commission, the Administrator, and relevant states and Tribal governments within 30 days of the issuance of the final audit report. The reports will not be considered or deemed confidential. ( 5 ) Delegated authority. The Wireline Competition Bureau and the Office of Managing Director have delegated authority to perform the functions specified in paragraphs (a)(2) and (a)(3) of this section. ( b ) Audit requirements for new eligible telecommunications carriers. After a company is designated for the first time in any state or territory, the Administrator will audit that new eligible telecommunications carrier to assess its overall compliance with the rules in this subpart and the company's internal controls regarding these regulatory requirements. This audit should be conducted within the carrier's first twelve months of seeking federal low-income Universal Service Fund support, unless otherwise determined by the Office of Managing Director. [ 77 FR 12974 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012; 81 FR 33094 , May 24, 2016; 84 FR 71329 , Dec. 27, 2019] § 54.422 Annual reporting for eligible telecommunications carriers that receive low-income support. ( a ) In order to receive support under this subpart, an eligible telecommunications carrier must annually report: ( 1 ) The company name, names of the company's holding company, operating companies and affiliates, and any branding (a “dba,” or “doing-business-as company” or brand designation) as well as relevant universal service identifiers for each such entity by Study Area Code. For purposes of this paragraph, “affiliates” has the meaning set forth in section 3(2) of the Communications Act of 1934, as amended; and ( 2 ) Information describing the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, additional charges, if any, for toll calls, and rates for each such plan. To the extent the eligible telecommunications carrier offers plans to Lifeline subscribers that are generally available to the public, it may provide summary information regarding such plans, such as a link to a public Web site outlining the terms and conditions of such plans. ( b ) In order to receive support under this subpart, a common carrier that is designated as an eligible telecommunications carrier under section 214(e)(6) of the Act and does not receive support under subpart D of this part must annually provide: ( 1 ) Detailed information on any outage in the prior calendar year, as that term is defined in 47 CFR 4.5 , of at least 30 minutes in duration for each service area in which the eligible telecommunications carrier is designated for any facilities it owns, operates, leases, or otherwise utilizes that potentially affect ( i ) At least ten percent of the end users served in a designated service area; or ( ii ) A 911 special facility, as defined in 47 CFR 4.5(e) . ( iii ) Specifically, the eligible telecommunications carrier's annual report must include information detailing: ( A ) The date and time of onset of the outage; ( B ) A brief description of the outage and its resolution; ( C ) The particular services affected; ( D ) The geographic areas affected by the outage; ( E ) Steps taken to prevent a similar situation in the future; and ( F ) The number of customers affected. ( 2 ) The number of complaints per 1,000 connections (fixed or mobile) in the prior calendar year; ( 3 ) Certification of compliance with applicable minimum service standards, as set forth in § 54.408 , service quality standards, and consumer protection rules; ( 4 ) Certification that the carrier is able to function in emergency situations as set forth in § 54.202(a)(2) . ( c ) All reports required by this section must be filed with the Office of the Secretary of the Commission, and with the Administrator. Such reports must also be filed with the relevant state commissions and the relevant authority in a U.S. territory or Tribal governments, as appropriate. [ 77 FR 38534 , June 28, 2012, as amended at 81 FR 33095 , May 24, 2016] § 54.423 Budget. ( a ) Amount of the annual budget. The initial annual budget on federal universal support for the Lifeline program shall be $2.25 billion. ( 1 ) Inflation increase. In funding year 2016 and subsequent funding years, the $2.25 billion funding cap on federal universal service support for Lifeline shall be automatically increased annually to take into account increases in the rate of inflation as calculated in paragraph (a)(2) of this section. ( 2 ) Increase calculation. To measure increases in the rate of inflation for the purposes of paragraph (a) of this section, the Commission shall use the Consumer Price Index for all items from the Department of Labor, Bureau of Labor Statistics. To compute the annual increase as required by this paragraph (a) , the percentage increase in the Consumer Price Index from the previous year will be used. For instance, the annual increase in the Consumer Price Index from 2015 to 2016 would be used for the 2017 funding year. The increase shall be rounded to the nearest 0.1 percent by rounding 0.05 percent and above to the next higher 0.1 percent and otherwise rounding to the next lower 0.1 percent. This percentage increase shall be added to the amount of the annual funding cap from the previous funding year. If the yearly average Consumer Price Index decreases or stays the same, the annual funding cap shall remain the same as the previous year. ( 3 ) The Wireline Competition Bureau shall issue a public notice on or before July 31 containing the results of the calculations described in § 54.403(a)(2) and setting the budget for the upcoming year beginning on January 1. ( b ) If spending in the Lifeline program meets or exceeds 90 percent of the Lifeline budget in a calendar year, the Wireline Competition Bureau shall prepare a report evaluating program disbursements and describing the reasons for the program's growth along with any other information relevant to the operation of the Lifeline program. The Bureau shall submit the report to the Commission by July 31st of the following year. [ 81 FR 33095 , May 24, 2016] Effective Date Note Effective Date Note: At 81 FR 33095 , May 24, 2016, § 54.423 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 54.424 Emergency communications support for survivors. ( a ) Confirmation of subscriber eligibility. All eligible telecommunications carriers must implement policies and procedures for ensuring that subscribers receiving emergency communications support from the Lifeline program are eligible to receive such support. An eligible telecommunications carrier must not seek reimbursement for providing Lifeline service to a subscriber, based on that subscriber's eligibility to receive emergency communications support, unless the carrier has received from the National Verifier: ( 1 ) Notice that the prospective subscriber meets the eligibility criteria set forth in § 54.409(a)(3) . ( 2 ) A copy of the subscriber's certification that complies with the requirements set forth in § 54.410(d) . ( 3 ) An eligible telecommunications carrier must securely retain all information and documentation provided by the National Verifier or received from the survivor to document their line separation request as required by § 54.417 . ( b ) Emergency communications support duration. Qualified survivors shall be eligible to receive emergency communications support for a total of no more than six months. The Administrator will inform eligible telecommunications carriers when participating survivors have reached their limit of allowable emergency communications support. A survivor may seek and receive further emergency communications support if that request is related to a new line separation request and a showing of financial hardship completed by the survivor and confirmed by the National Verifier. ( c ) Compliance date. Compliance with paragraphs (a) and (b) of this section will not be required until this paragraph (c) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after OMB completes review of any information collection requirements in paragraphs (a) and (b) that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for paragraphs (a) and (b) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. [ 88 FR 84447 , Dec. 5, 2023] Subpart F—Universal Service Support for Schools and Libraries § 54.500 Terms and definitions. Basic maintenance. A service is eligible for support as a “basic maintenance” service if, but for the maintenance at issue, the internal connection would not function and serve its intended purpose with the degree of reliability ordinarily provided in the marketplace to entities receiving such services. Basic maintenance services do not include services that maintain equipment that is not supported by E-rate or that enhance the utility of equipment beyond the transport of information, or diagnostic services in excess of those necessary to maintain the equipment's ability to transport information. Billed entity. A “billed entity” is the entity that remits payment to service providers for services rendered to eligible schools and libraries. Consortium. A “consortium” is any local, statewide, regional, or interstate cooperative association of schools and/or libraries eligible for E-rate support that seeks competitive bids for eligible services or funding for eligible services on behalf of some or all of its members. A consortium may also include health care providers eligible under subpart G of this part , and public sector (governmental) entities, including, but not limited to, state colleges and state universities, state educational broadcasters, counties, and municipalities, although such entities are not eligible for support. Eligible schools and libraries may not join consortia with ineligible private sector members unless the pre-discount prices of any services that such consortium receives are generally tariffed rates. Educational purposes. For purposes of this subpart, activities that are integral, immediate, and proximate to the education of students, or in the case of libraries, integral, immediate and proximate to the provision of library services to library patrons, qualify as “educational purposes.” Activities that occur on library or school property are presumed to be integral, immediate, and proximate to the education of students or the provision of library services to library patrons. Elementary school. An “elementary school” means an elementary school as defined in 20 U.S.C. 7801(18) , a non-profit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under state law. Internal connections. A service is eligible for support as a component of an institution's “internal connections” if such service is necessary to transport or distribute broadband within one or more instructional buildings of a single school campus or within one or more non-administrative buildings that comprise a single library branch. Library. A “library” includes: ( 1 ) A public library; ( 2 ) A public elementary school or secondary school library; ( 3 ) A Tribal library; ( 4 ) An academic library; ( 5 ) A research library, which for the purpose of this section means a library that: ( i ) Makes publicly available library services and materials suitable for scholarly research and not otherwise available to the public; and ( ii ) Is not an integral part of an institution of higher education; and ( 6 ) A private library, but only if the state in which such private library is located determines that the library should be considered a library for the purposes of this definition. Library consortium. A “library consortium” is any local, statewide, regional, or interstate cooperative association of libraries that provides for the systematic and effective coordination of the resources of schools, public, academic, and special libraries and information centers, for improving services to the clientele of such libraries. For the purposes of these rules, references to library will also refer to library consortium. Lowest corresponding price. “Lowest corresponding price” is the lowest price that a service provider charges to non-residential customers who are similarly situated to a particular school, library, or library consortium for similar services. Managed internal broadband services. A service is eligible for support as “managed internal broadband services” if provided by a third party for the operation, management, and monitoring of the eligible components of a school or library local area network (LAN) and/or wireless LAN. Master contract. A “master contract” is a contract negotiated with a service provider by a third party, the terms and conditions of which are then made available to an eligible school, library, rural health care provider, or consortium that purchases directly from the service provider. Minor contract modification. A “minor contract modification” is a change to a universal service contract that is within the scope of the original contract and has no effect or merely a negligible effect on price, quantity, quality, or delivery under the original contract. National school lunch program. The “national school lunch program” is a program administered by the U.S. Department of Agriculture and state agencies that provides free or reduced price lunches to economically disadvantaged children. A child whose family income is between 130 percent and 185 percent of applicable family size income levels contained in the nonfarm poverty guidelines prescribed by the Office of Management and Budget is eligible for a reduced price lunch. A child whose family income is 130 percent or less of applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget is eligible for a free lunch. Pre-discount price. The “pre-discount price” means, in this subpart, the price the service provider agrees to accept as total payment for its telecommunications or information services. This amount is the sum of the amount the service provider expects to receive from the eligible school or library and the amount it expects to receive as reimbursement from the universal service support mechanisms for the discounts provided under this subpart. Secondary school. A “secondary school” means a secondary school as defined in 20 U.S.C. 7801(38) , a non-profit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under state law except that the term does not include any education beyond grade 12. State telecommunications network. A “state telecommunications network” is a state government entity that procures, among other things, telecommunications offerings from multiple service providers and bundles such offerings into packages available to schools, libraries, or rural health care providers that are eligible for universal service support, or a state government entity that provides, using its own facilities, such telecommunications offerings to such schools, libraries, and rural health care providers. Tribal. An entity is “Tribal” for purposes of E-Rate funding if it is a school operated by or receiving funding from the Bureau of Indian Education (BIE), or if it is a school or library operated by any Tribe, Band, Nation, or other organized group or community, including any Alaska native village, regional corporation, or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. )) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Voice services. “Voice services” include local phone service, long distance service, plain old telephone service (POTS), radio loop, 800 service, satellite telephone, shared telephone service, Centrex, wireless telephone service such as cellular, interconnected voice over Internet protocol (VoIP), and the circuit capacity dedicated to providing voice services. Wide area network. For purposes of this subpart, a “wide area network” is a voice or data network that provides connections from one or more computers within an eligible school or library to one or more computers or networks that are external to such eligible school or library. Excluded from this definition is a voice or data network that provides connections between or among instructional buildings of a single school campus or between or among non-administrative buildings of a single library branch. [ 63 FR 2128 , Jan. 13, 1998, as amended at 68 FR 36942 , June 20, 2003; 76 FR 56302 , Sept. 13, 2011; 79 FR 49197 , Aug. 19, 2014; 79 FR 68634 , Nov. 18, 2014; 87 FR 8210 , Feb. 14, 2022; 88 FR 55409 , Aug. 15, 2023] § 54.501 Eligible recipients. ( a ) Schools. ( 1 ) Only schools meeting the statutory definition of “elementary school” or “secondary school” as defined in § 54.500 of this subpart , and not excluded under paragraphs (a)(2) or (3) of this section shall be eligible for discounts on telecommunications and other supported services under this subpart. ( 2 ) Schools operating as for-profit businesses shall not be eligible for discounts under this subpart. ( 3 ) Schools with endowments exceeding $50,000,000 shall not be eligible for discounts under this subpart. ( b ) Libraries. ( 1 ) Only libraries eligible for assistance from a State library administrative agency under the Library Services and Technology Act ( 20 U.S.C. 9122 ) and not excluded under paragraph (b)(2) or (3) of this section shall be eligible for discounts under this subpart. ( 2 ) Except as provided in paragraph (b)(4) of this section, a library's eligibility for universal service funding shall depend on its funding as an independent entity. Only libraries whose budgets are completely separate from any schools (including, but not limited to, elementary and secondary schools, colleges, and universities) shall be eligible for discounts as libraries under this subpart. ( 3 ) Libraries operating as for-profit businesses shall not be eligible for discounts under this subpart. ( 4 ) A Tribal college or university library that serves as a public library by having dedicated library staff, regular hours, and a collection available for public use in its community shall be eligible for discounts under this subpart. ( c ) Consortia. ( 1 ) For consortia, discounts under this subpart shall apply only to the portion of eligible telecommunications and other supported services used by eligible schools and libraries. ( 2 ) Service providers shall keep and retain records of rates charged to and discounts allowed for eligible schools and libraries—on their own or as part of a consortium. Such records shall be available for public inspection. [ 62 FR 32948 , June 17, 1997, as amended at 63 FR 2129 , Jan. 13, 1998; 68 FR 36942 , June 20, 2003; 75 FR 75411 , Dec. 3, 2010; 76 FR 56302 , Sept. 13, 2011; 79 FR 49198 , Aug. 19, 2014; 79 FR 68634 , Nov. 18, 2014; 87 FR 8210 , Feb. 14, 2022; 88 FR 55409 , Aug. 15, 2023] § 54.502 Eligible services. Cross Reference Link to an amendment published at 84 FR 70036 , Dec. 20, 2019. ( a ) Supported services. All supported services are listed in the Eligible Services List as updated annually in accordance with paragraph (d) of this section. The services in this subpart will be supported in addition to all reasonable charges that are incurred by taking such services, such as state and federal taxes. Charges for termination liability, penalty surcharges, and other charges not included in the cost of taking such service shall not be covered by the universal service support mechanisms. The supported services fall within the following general categories: ( 1 ) Category one. Telecommunications services, telecommunications, and Internet access, as defined in § 54.5 and described in the Eligible Services List are category one supported services. ( 2 ) Category two. Internal connections, basic maintenance and managed internal broadband services as defined in § 54.500 and described in the Eligible Services List are category two supported services. ( b ) Funding years 2015-2019. Libraries, schools, or school districts with schools that receive funding for category two services in any of the funding years between 2015 and 2019 shall be eligible for support for category two services pursuant to paragraphs (b)(1) through (6) of this section. ( 1 ) Five-year budget. Each eligible school or library shall be eligible for a budgeted amount of support for category two services over a five-year funding cycle beginning the first funding year support is received. Excluding support for internal connections received prior to funding year 2015, each school or library shall be eligible for the total available budget less any support received for category two services in the prior funding years of that school's or library's five-year funding cycle. The budgeted amounts and the funding floor shall be adjusted for inflation annually in accordance with § 54.507(a)(2) . ( 2 ) School budget. Each eligible school shall be eligible for support for category two services up to a pre-discount price of $150 per student over a five-year funding cycle. Applicants shall provide the student count per school, calculated at the time that the discount is calculated each funding year. New schools may estimate the number of students, but shall repay any support provided in excess of the maximum budget based on student enrollment the following funding year. ( 3 ) Library budget. Each eligible library shall be eligible for support for category two services, up to a pre-discount price of $2.30 per square foot over a five-year funding cycle. Libraries shall provide the total area for all floors, in square feet, of each library outlet separately, including all areas enclosed by the outer walls of the library outlet and occupied by the library, including those areas off-limits to the public. ( 4 ) Funding floor. Each eligible school and library will be eligible for support for category two services up to at least a pre-discount price of $9,200 over five funding years. ( 5 ) Requests. Applicants shall request support for category two services for each school or library based on the number of students per school building or square footage per library building. Category two funding for a school or library may not be used for another school or library. If an applicant requests less than the maximum budget available for a school or library, the applicant may request the remaining balance in a school's or library's category two budget in subsequent funding years of a five year cycle. The costs for category two services shared by multiple eligible entities shall be divided reasonably between each of the entities for which support is sought in that funding year. ( 6 ) Non-instructional buildings. Support is not available for category two services provided to or within non-instructional school buildings or separate library administrative buildings unless those category two services are essential for the effective transport of information to or within one or more instructional buildings of a school or non-administrative library buildings, or the Commission has found that the use of those services meets the definition of educational purpose, as defined in § 54.500 . When applying for category two support for eligible services to a non-instructional school building or library administrative building, the applicant shall allocate the cost of providing services to one or more of the eligible school or library buildings that benefit from those services being provided. ( c ) Funding year 2020. Libraries, schools, or school districts with schools that receive funding for category two services in funding year 2020 shall be eligible for support for category two services pursuant to paragraphs (c)(1) through (6) of this section. ( 1 ) Six-year funding cycle. Each eligible school or library shall be eligible for a budgeted amount of support for category two services over a six-year funding cycle. Each school or library shall be eligible for the total available budget less the pre-discount amount of any support received for category two services in the prior funding years of that school's or library's six-year funding cycle. ( 2 ) School budget. Each eligible school shall be eligible for support for category two services up to a pre-discount price of $150 plus an additional prorated 20% (adjusted for inflation dating back to funding year 2015) over six funding years that will be completed at the end of funding year 2020. Applicants shall provide the student count per school, calculated at the time that the discount is calculated each funding year. New schools may estimate the number of students but shall repay any support provided in excess of the maximum budget based on student enrollment the following funding year. ( 3 ) Library budget. Each eligible library located within the Institute of Museum and Library Services locale codes of “11—City, Large,” defined as a territory inside an urbanized area and inside a principal city with a population of 250,000 or more, “12—City, Midsize,” defined as a territory inside an urbanized area and inside a principal city with a population less than 250,000 and greater than or equal to 100,000, or “21—Suburb, Large,” defined as a territory outside a principal city and inside an urbanized area with population of 250,000 or more, shall be eligible for support for category two services, up to a pre-discount price of $5.00 per square foot plus an additional prorated 20% (adjusted for inflation dating back to funding year 2015) over six funding years that will be completed at the end of funding year 2020. All other eligible libraries shall be eligible for support for category two services, up to a pre-discount price of $2.30 per square foot plus an additional prorated 20% (adjusted for inflation dating back to funding year 2015) over a six-year funding cycle that will be completed at the end of funding year 2020. Libraries shall provide the total area for all floors, in square feet, of each library outlet separately, including all areas enclosed by the outer walls of the library outlet and occupied by the library, including those areas off-limits to the public. ( 4 ) Funding floor. Each eligible school and library will be eligible for support for category two services of at least a pre-discount price of $9,200 plus an additional prorated 20% (adjusted for inflation dating back to funding year 2015) over six funding years that will be completed at the end of funding year 2020. ( 5 ) Requests. Applicants shall request support for category two services for each school or library based on the number of students per school building or square footage per library building. Category two funding for a school or library may not be used for another school or library. The costs for category two services shared by multiple eligible entities shall be divided reasonably between each of the entities for which support is sought in that funding year. ( 6 ) Non-instructional buildings. Support is not available for category two services provided to or within non-instructional school buildings or separate library administrative buildings unless those category two services are essential for the effective transport of information to or within one or more instructional buildings of a school or non-administrative library buildings, or the Commission has found that the use of those services meets the definition of educational purpose, as defined in § 54.500 . When applying for category two support for eligible services to a non-instructional school building or library administrative building, the applicant shall allocate the cost of providing services to one or more of the eligible school or library buildings that benefit from those services being provided. ( d ) Funding year 2021 and beyond. Schools, school districts, libraries, and library systems shall be eligible for support for category two services pursuant to the five-year budgets described in paragraphs (d)(1) through (6) of this section. ( 1 ) Fixed five-year funding cycle. Beginning in funding year 2021, each eligible school, school district, library, or library system shall be eligible for a budgeted amount of pre-discount support for category two services over a five-year funding cycle that will reset in funding year 2026 and subsequently, after every five funding years. Each school, school district, library, or library system shall be eligible for the total available budget less the pre-discount amount of any support received for category two services in the prior funding years of that fixed five-year funding cycle. ( 2 ) School and school district multipliers. Each eligible school district and schools operating independently of a school district shall be eligible for support for category two services up to a pre-discount price of $167 per student over a five-year funding cycle. The amount of support will be calculated at the time that the discount is calculated in the first funding year of the five-year cycle in which the applicant requests category two support, unless the school or school district elects to seek additional program support using updated enrollment numbers in subsequent funding years in the five-year cycle. School districts shall provide the total number of students within the school district. Independent charter schools, private schools, and other eligible educational facilities that operate under the control of a central administrative agency shall provide the total number of students under the control of that agency. Schools that are not affiliated financially or operationally with a school district or central administrative agency shall provide the total number of students in the school. ( 3 ) Library and library system multipliers. Library systems and libraries operating independently of a system shall be eligible for support for category two services, up to a pre-discount price of $4.50 per square foot over a five-year funding cycle. The amount of support will be calculated at the time that the discount is calculated in the first funding year of the five-year cycle in which the applicant requests category two support, unless the library or library system elects to seek additional program support using updated square footage in subsequent funding years in the five-year cycle. Library systems shall provide the total area for all floors, in square feet, of all of its library outlets, including all areas enclosed by the outer walls of the library outlet and occupied by the library, including those areas off-limits to the public. Independent libraries shall provide the total area for all floors, in square feet, of all areas enclosed by the outer walls of the library outlet and occupied by the library, including those areas off-limits to the public. ( 4 ) Funding floor. Each eligible school and library shall be eligible for support for category two services of at least a pre-discount price of $25,000 over five funding years. Tribal libraries shall be eligible for support for category two services of at least a pre-discount price of $55,000 over five funding years. ( 5 ) Calculation increase. Before funding year 2026 and every subsequent five-year funding cycle, the Wireline Competition Bureau shall announce the multipliers and funding floor as adjusted for inflation at least 60 days before the start of the filing window for the next five-year funding cycle. The Bureau shall use the last four quarters of data on the Gross Domestic Product Chain-type Price Index (GDP-CPI) compared with the equivalent quarters from the beginning of the five-year funding cycle. The increase shall be rounded to the nearest 0.1 percent and shall be used to calculate the category two budget multipliers and funding floor for that five-year funding cycle. The multipliers and funding floor shall be rounded to the nearest cent. ( 6 ) Non-instructional buildings. Support is not available for category two services provided to or within non-instructional school buildings or separate library administrative buildings unless those category two services are essential for the effective transport of information to or within one or more instructional buildings of a school or non-administrative library buildings, or the Commission has found that the use of those services meets the definition of educational purpose, as defined in § 54.500 . When applying for category two support for eligible services within a non-instructional school building or library administrative building, the applicant shall not be required to deduct the cost of the non-instructional building's use of the category two services or equipment. ( e ) Eligible services list process. The Administrator shall submit by March 30 of each year a draft list of services eligible for support, based on the Commission's rules for the following funding year. The Wireline Competition Bureau will issue a Public Notice seeking comment on the Administrator's proposed eligible services list. The final list of services eligible for support will be released at least 60 days prior to the opening of the application filing window for the following funding year. [ 62 FR 32948 , June 17, 1997, as amended at 79 FR 49198 , Aug. 19, 2014; 79 FR 68634 , Nov. 18, 2014; 80 FR 5988 , Feb. 4, 2015; 84 FR 70036 , Dec. 20, 2019; 88 FR 55409 , Aug. 15, 2023] § 54.503 Competitive bidding requirements. ( a ) All entities participating in the schools and libraries universal service support program must conduct a fair and open competitive bidding process, consistent with all requirements set forth in this subpart. Note to paragraph ( a ): The following is an illustrative list of activities or behaviors that would not result in a fair and open competitive bidding process: the applicant for supported services has a relationship with a service provider that would unfairly influence the outcome of a competition or would furnish the service provider with inside information; someone other than the applicant or an authorized representative of the applicant prepares, signs, and submits the FCC Form 470 and certification; a service provider representative is listed as the FCC Form 470 contact person and allows that service provider to participate in the competitive bidding process; the service provider prepares the applicant's FCC Form 470 or participates in the bid evaluation or vendor selection process in any way; the applicant turns over to a service provider the responsibility for ensuring a fair and open competitive bidding process; an applicant employee with a role in the service provider selection process also has an ownership interest in the service provider seeking to participate in the competitive bidding process; and the applicant's FCC Form 470 does not describe the supported services with sufficient specificity to enable interested service providers to submit responsive bids. ( b ) Competitive bid requirements. Except as provided in § 54.511(c) , an eligible school, library, or consortium that includes an eligible school or library shall seek competitive bids, pursuant to the requirements established in this subpart, for all services eligible for support under § 54.502 . These competitive bid requirements apply in addition to state and local competitive bid requirements and are not intended to preempt such state or local requirements. ( c ) Posting of FCC Form 470. ( 1 ) An eligible school, library, or consortium that includes an eligible school or library seeking bids for eligible services under this subpart shall submit a completed FCC Form 470 to the Administrator to initiate the competitive bidding process. The FCC Form 470 and any request for proposal cited in the FCC Form 470 shall include, at a minimum, the following information: ( i ) A list of specified services for which the school, library, or consortium requests bids; ( ii ) Sufficient information to enable bidders to reasonably determine the needs of the applicant; ( iii ) To the extent an applicant seeks the following services or arrangements, an indication of the applicant's intent to seek: ( A ) Construction of network facilities that the applicant will own; ( B ) A dark-fiber lease, indefeasible right of use, or other dark-fiber service agreement or the modulating electronics necessary to light dark fiber; or ( C ) A multi-year installment payment agreement with the service provider for the non-discounted share of special construction costs; ( iv ) To the extent an applicant seeks construction of a network that the applicant will own, the applicant must also solicit bids for both the services provided over third-party networks and construction of applicant-owned network facilities, in the same request for proposals; ( v ) To the extent an applicant seeks bids for special construction associated with dark fiber or bids to lease and light dark fiber, the applicant must also solicit bids to provide the needed services over lit fiber; and ( vi ) To the extent an applicant seeks bids for equipment and maintenance costs associated with lighting dark fiber, the applicant must include these elements in the same FCC Form 470 as the dark fiber. ( 2 ) The FCC Form 470 shall be signed by a person authorized to request bids for eligible services for the eligible school, library, or consortium, including such entities. ( i ) A person authorized to request bids on behalf of the entities listed on an FCC Form 470 shall certify under oath that: ( A ) The schools meet the statutory definition of “elementary school” or “secondary school” as defined in § 54.500 of these rules, do not operate as for-profit businesses, and do not have endowments exceeding $50 million. ( B ) The libraries or library consortia eligible for assistance from a State library administrative agency under the Library Services and Technology Act of 1996 do not operate as for-profit businesses and, except for the limited case of Tribal colleges or universities, have budgets that are completely separate from any school (including, but not limited to, elementary and secondary schools, colleges, and universities). ( C ) Support under this support mechanism is conditional upon the school(s) and library(ies) securing access to all of the resources, including computers, training, software, maintenance, internal connections, and electrical connections necessary to use the services purchased effectively. ( ii ) A person authorized to both request bids and order services on behalf of the entities listed on an FCC Form 470 shall, in addition to making the certifications listed in paragraph (c)(2)(i) of this section, certify under oath that: ( A ) The services the school, library, or consortium purchases at discounts will be used primarily for educational purposes and will not be sold, resold, or transferred in consideration for money or any other thing of value, except as allowed by § 54.513 . ( B ) All bids submitted for eligible products and services will be carefully considered, with price being the primary factor, and the bid selected will be for the most cost-effective service offering consistent with § 54.511 . ( 3 ) The Administrator shall post each FCC Form 470 that it receives from an eligible school, library, or consortium that includes an eligible school or library on its Web site designated for this purpose. ( 4 ) After posting on the Administrator's Web site an eligible school, library, or consortium FCC Form 470, the Administrator shall send confirmation of the posting to the entity requesting service. That entity shall then wait at least four weeks from the date on which its description of services is posted on the Administrator's Web site before making commitments with the selected providers of services. The confirmation from the Administrator shall include the date after which the requestor may sign a contract with its chosen provider(s). ( d ) Gift restrictions. ( 1 ) Subject to paragraphs (d)(3) and (4) of this section, an eligible school, library, or consortium that includes an eligible school or library may not directly or indirectly solicit or accept any gift, gratuity, favor, entertainment, loan, or any other thing of value from a service provider participating in or seeking to participate in the schools and libraries universal service program. No such service provider shall offer or provide any such gift, gratuity, favor, entertainment, loan, or other thing of value except as otherwise provided herein. Modest refreshments not offered as part of a meal, items with little intrinsic value intended solely for presentation, and items worth $20 or less, including meals, may be offered or provided, and accepted by any individuals or entities subject to this rule, if the value of these items received by any individual does not exceed $50 from any one service provider per funding year. The $50 amount for any service provider shall be calculated as the aggregate value of all gifts provided during a funding year by the individuals specified in paragraph (d)(2)(ii) of this section. ( 2 ) For purposes of this paragraph: ( i ) The terms “school, library, or consortium” include all individuals who are on the governing boards of such entities (such as members of a school committee), and all employees, officers, representatives, agents, consultants or independent contractors of such entities involved on behalf of such school, library, or consortium with the Schools and Libraries Program of the Universal Service Fund (E-rate Program), including individuals who prepare, approve, sign or submit E-rate applications, or other forms related to the E-rate Program, or who prepare bids, communicate or work with E-rate service providers, E-rate consultants, or with USAC, as well as any staff of such entities responsible for monitoring compliance with the E-rate Program; and ( ii ) The term “service provider” includes all individuals who are on the governing boards of such an entity (such as members of the board of directors), and all employees, officers, representatives, agents, or independent contractors of such entities. ( 3 ) The restrictions set forth in this paragraph shall not be applicable to the provision of any gift, gratuity, favor, entertainment, loan, or any other thing of value, to the extent given to a family member or a friend working for an eligible school, library, or consortium that includes an eligible school or library, provided that such transactions: ( i ) Are motivated solely by a personal relationship, ( ii ) Are not rooted in any service provider business activities or any other business relationship with any such eligible school, library, or consortium, and ( iii ) Are provided using only the donor's personal funds that will not be reimbursed through any employment or business relationship. ( 4 ) Any service provider may make charitable donations to an eligible school, library, or consortium that includes an eligible school or library in the support of its programs as long as such contributions are not directly or indirectly related to E-rate procurement activities or decisions and are not given by service providers to circumvent competitive bidding and other E-rate program rules, including those in paragraph (c)(2)(i)(C) of this section, requiring schools and libraries to pay their own non-discount share for the services they are purchasing. ( e ) Exemption to competitive bidding requirements. ( 1 ) An applicant that seeks support for commercially available high-speed internet access services for a pre-discount price of $3,600 or less per school or library annually is exempt from the competitive bidding requirements in paragraphs (a) through (c) of this section. ( i ) internet access, as defined in § 54.5 , is eligible for this exemption only if the purchased service offers at least 100 Mbps downstream and 10 Mbps upstream. ( ii ) The Chief, Wireline Competition Bureau, is delegated authority to lower the annual cost of high-speed internet access services or raise the speed threshold of broadband services eligible for this competitive bidding exemption, based on a determination of what rates and speeds are commercially available prior to the start of the funding year. ( 2 ) A library applicant that seeks support for category two services for a total pre-discount price of $3,600 or less per library annually is exempt from the competitive bidding requirements in paragraphs (a) through (c) of this section. Applicants must select a cost-effective service offering, based on the price of the equipment or services. [ 75 FR 75412 , Dec. 3, 2010, as amended at 76 FR 56302 , Sept. 13, 2011; 79 FR 49199 , Aug. 19, 2014; 80 FR 5989 , Feb. 4, 2015; 88 FR 55410 , Aug, 15, 2023] Editorial Note Editorial Note: At 83 FR , May 1,2018, § 54.503 was amended by revising paragraph (a)(6) however the agency provided two different paragraph (a)(6)'s, the amendment could not be incorporated due to inaccurate amendatory instruction. § 54.504 Requests for services. ( a ) Filing of the FCC Form 471. An eligible school, library, or consortium that includes an eligible school or library seeking to receive discounts for eligible services under this subpart shall, upon entering into a signed contract or other legally binding agreement for eligible services, submit a completed FCC Form 471 to the Administrator. ( 1 ) The FCC Form 471 shall be signed by the person authorized to order eligible services for the eligible school, library, or consortium and shall include that person's certification under oath that: ( i ) The schools meet the statutory definition of “elementary school” or “secondary school” as defined in § 54.500 of this subpart , do not operate as for-profit businesses, and do not have endowments exceeding $50 million. ( ii ) The libraries or library consortia eligible for assistance from a State library administrative agency under the Library Services and Technology Act of 1996 do not operate as for-profit businesses and, except for the limited case of Tribal college or universities, their budgets are completely separate from any school (including, but not limited to, elementary and secondary schools, colleges, and universities). ( iii ) The entities listed on the FCC Form 471 application have secured access to all of the resources, including computers, training, software, maintenance, internal connections, and electrical connections, necessary to make effective use of the services purchased. The entities listed on the FCC Form 471 will pay the discounted charges for eligible services from funds to which access has been secured in the current funding year or, for entities that will make installment payments, they will ensure that they are able to make all required installment payments. The billed entity will pay the non-discount portion of the cost of the goods and services to the service provider(s). ( iv ) The entities listed on the FCC Form 471 application have complied with all applicable state and local laws regarding procurement of services for which support is being sought. ( v ) The services the school, library, or consortium purchases at discounts will be used primarily for educational purposes and will not be sold, resold, or transferred in consideration for money or any other thing of value, except as allowed by § 54.513 . ( vi ) The entities listed in the application have complied with all program rules and acknowledge that failure to do so may result in denial of discount funding and/or recovery of funding. ( vii ) The applicant understands that the discount level used for shared services is conditional, for future years, upon ensuring that the most disadvantaged schools and libraries that are treated as sharing in the service, receive an appropriate share of benefits from those services. ( viii ) The applicant recognizes that it may be audited pursuant to its application, that it will retain for ten years any and all worksheets and other records relied upon to fill out its application, and that, if audited, it will make such records available to the Administrator. ( ix ) Except as exempted by § 54.503(e) , all bids submitted to a school, library, or consortium seeking eligible services were carefully considered and the most cost-effective bid was selected in accordance with § 54.503 of this subpart , with price being the primary factor considered, and it is the most cost-effective means of meeting educational needs and technology goals. ( 2 ) All pricing and technology infrastructure information submitted as part of an FCC Form 471 shall be treated as public and non-confidential by the Administrator unless the applicant specifies a statute, rule, or other restriction, such as a court order or an existing contract limitation barring public release of the information. ( i ) Contracts and other agreements executed after adoption of this rule may not prohibit disclosure of pricing or technology infrastructure information. ( ii ) The exemption for existing contract limitations shall not apply to voluntary extensions or renewals of existing contracts. ( b ) Mixed eligibility requests. If 30 percent or more of a request for discounts made in an FCC Form 471 is for ineligible services, the request shall be denied in its entirety. ( c ) Rate disputes. Schools, libraries, and consortia including those entities, and service providers may have recourse to the Commission, regarding interstate rates, and to state commissions, regarding intrastate rates, if they reasonably believe that the lowest corresponding price is unfairly high or low. ( 1 ) Schools, libraries, and consortia including those entities may request lower rates if the rate offered by the carrier does not represent the lowest corresponding price. ( 2 ) Service providers may request higher rates if they can show that the lowest corresponding price is not compensatory, because the relevant school, library, or consortium including those entities is not similarly situated to and subscribing to a similar set of services to the customer paying the lowest corresponding price. ( d ) Service substitution. ( 1 ) The Administrator shall grant a request by an applicant to substitute a service or product for one identified on its FCC Form 471 where: ( i ) The service or product has the same functionality; ( ii ) The substitution does not violate any contract provisions or state or local procurement laws; ( iii ) The substitution does not result in an increase in the percentage of ineligible services or functions; and ( iv ) The applicant certifies that the requested change is within the scope of the controlling FCC Form 470, including any associated Requests for Proposal, for the original services. ( 2 ) In the event that a service substitution results in a change in the pre-discount price for the supported service, support shall be based on the lower of either the pre-discount price of the service for which support was originally requested or the pre-discount price of the new, substituted service. ( 3 ) For purposes of this rule, the two categories of eligible services are not deemed to have the same functionality as one another. ( e ) Mixed eligibility services. A request for discounts for a product or service that includes both eligible and ineligible components must allocate the cost of the contract to eligible and ineligible components. ( 1 ) Ineligible components. If a product or service contains ineligible components, costs must be allocated to the extent that a clear delineation can be made between the eligible and ineligible components. The delineation must have a tangible basis, and the price for the eligible portion must be the most cost-effective means of receiving the eligible service. ( 2 ) Ancillary ineligible components. If a product or service contains ineligible components that are ancillary to the eligible components, and the product or service is the most cost-effective means of receiving the eligible component functionality, without regard to the value of the ineligible component, costs need not be allocated between the eligible and ineligible components. Discounts shall be provided on the full cost of the product or service. An ineligible component is “ancillary” if a price for the ineligible component cannot be determined separately and independently from the price of the eligible components, and the specific package remains the most cost-effective means of receiving the eligible services, without regard to the value of the ineligible functionality. ( 3 ) The Administrator shall utilize the cost allocation requirements of this paragraph in evaluating mixed eligibility requests under paragraph (e)(1) of this section. ( f ) Filing of FCC Form 473. All service providers eligible to provide telecommunications and other supported services under this subpart shall submit annually a completed FCC Form 473 to the Administrator. The FCC Form 473 shall be signed by an authorized person and shall include that person's certification under oath that: ( 1 ) The prices in any offer that this service provider makes pursuant to the schools and libraries universal service support program have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to those prices, the intention to submit an offer, or the methods or factors used to calculate the prices offered; ( 2 ) The prices in any offer that this service provider makes pursuant to the schools and libraries universal service support program will not be knowingly disclosed by this service provider, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and ( 3 ) No attempt will be made by this service provider to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. ( 4 ) The service provider listed on the FCC Form 473 certifies that the invoices that are submitted by this Service Provider to the Billed Entity for reimbursement pursuant to Billed Entity Applicant Reimbursement Forms (FCC Form 472) are accurate and represent payments from the Billed Entity to the Service Provider for equipment and services provided pursuant to E-rate program rules. ( 5 ) The service provider listed on the FCC Form 473 certifies that the bills or invoices issued by this service provider to the billed entity are for equipment and services eligible for universal service support by the Administrator, and exclude any charges previously invoiced to the Administrator by the service provider. [ 79 FR 49199 , Aug. 19, 2014, as amended at 79 FR 68634 , Nov. 18, 2014; 80 FR 5989 , Feb. 4, 2015; 88 FR 55410 , Aug. 15, 2023] § 54.505 Discounts. ( a ) Discount mechanism. Discounts for eligible schools and libraries shall be set as a percentage discount from the pre-discount price. ( b ) Discount percentages. Except as provided in paragraph (f), the discounts available to eligible schools and libraries shall range from 20 percent to 90 percent of the pre-discount price for all eligible services provided by eligible providers, as defined in this subpart. The discounts available to a particular school, library, or consortium of only such entities shall be determined by indicators of poverty and high cost. ( 1 ) For schools and school districts, the level of poverty shall be based on the percentage of the student enrollment that is eligible for a free or reduced price lunch under the national school lunch program or a federally-approved alternative mechanism. School districts shall divide the total number of students eligible for the National School Lunch Program within the school district by the total number of students within the school district to arrive at a percentage of students eligible. This percentage rate shall then be applied to the discount matrix to set a discount rate for the supported services purchased by all schools within the school district. Independent charter schools, private schools, and other eligible educational facilities should calculate a single discount percentage rate based on the total number of students under the control of the central administrative agency. ( 2 ) For libraries and library consortia, the level of poverty shall be based on the percentage of the student enrollment that is eligible for a free or reduced price lunch under the national school lunch program or a federally-approved alternative mechanism in the public school district in which they are located and should use that school district's level of poverty to determine their discount rate when applying as a library system or as an individual library outlet within that system. When a library system has branches or outlets in more than one public school district, that library system and all library outlets within that system should use the address of the central outlet or main administrative office to determine which school district the library system is in, and should use that school district's level of poverty to determine its discount rate when applying as a library system or as one or more library outlets. If the library is not in a school district, then its level of poverty shall be based on an average of the percentage of students eligible for the national school lunch program in each of the school districts that children living in the library's location attend. ( 3 ) The Administrator shall classify schools and libraries as “urban” or “rural” according to the following designations. ( i ) The Administrator shall designate a school or library as “urban” if the school or library is located in an urbanized area or urban cluster area with a population equal to or greater than 25,000, as determined by the most recent rural-urban classification by the Bureau of the Census. The Administrator shall designate all other schools and libraries as “rural.” ( 4 ) School districts, library systems, or other billed entities shall calculate discounts on supported services described in § 54.502(a) that are shared by two or more of their schools, libraries, or consortia members by calculating an average discount based on the applicable district-wide discounts of all member schools and libraries. School districts, library systems, or other billed entities shall ensure that, for each year in which an eligible school or library is included for purposes of calculating the aggregate discount rate, that eligible school or library shall receive a proportionate share of the shared services for which support is sought. For schools, the discount shall be a simple average of the applicable district-wide percentage for all schools sharing a portion of the shared services. For libraries, the average discount shall be a simple average of the applicable discounts to which the libraries sharing a portion of the shared services are entitled. ( c ) Matrices. Except as provided in paragraphs (d) , (f) , and (g) of this section, the Administrator shall use the following matrices to set discount rates to be applied to eligible category one and category two services purchased by eligible schools, school districts, libraries, or consortia based on the institution's level of poverty and location in an “urban” or “rural” area. Category one schools and libraries discount matrix Category two schools and libraries discount matrix Discount level Discount level % of students eligible for national school lunch program Urban discount Rural discount Urban discount Rural discount <1 20 25 20 25 1-19 40 50 40 50 20-34 50 60 50 60 35-49 60 70 60 70 50-74 80 80 80 80 75-100 90 90 85 85 ( d ) Voice Services. Discounts for category one voice services shall be reduced by 20 percentage points off applicant discount percentage rates for each funding year starting in funding year 2015, and reduced by an additional 20 percentage points off applicant discount percentage rates each subsequent funding year. ( e ) Interstate and intrastate services. Federal universal service support for schools and libraries shall be provided for both interstate and intrastate services. ( 1 ) Federal universal service support under this subpart for eligible schools and libraries in a state is contingent upon the establishment of intrastate discounts no less than the discounts applicable for interstate services. ( 2 ) A state may, however, secure a temporary waiver of this latter requirement based on unusually compelling conditions. ( f ) Additional discounts for State matching funds for special construction. Federal universal service discounts shall be based on the price of a service prior to the application of any state-provided support for schools or libraries. When a governmental entity described below provides funding for special construction charges for networks that meet the long-term connectivity targets for the schools and libraries universal service support program, the Administrator shall match the governmental entity's contribution as provided for below: ( 1 ) All E-rate applicants. When a State government provides funding for special construction charges for a broadband connection to a school or library the Administrator shall match the State's contribution on a one-dollar-to-one-dollar basis up to an additional 10 percent discount, provided however that the total support from federal universal service and the State may not exceed 100 percent. ( 2 ) Tribal schools. When a State government, Tribal government, or federal agency provides funding for special construction charges for a broadband connection to a school operated by the Bureau of Indian Education or by a Tribal government, the Administrator shall match the governmental entity's contribution on a one-dollar-to-one-dollar basis up to an additional 10 percent discount, provided however that the total support from federal universal service and the governmental entity may not exceed 100 percent. ( 3 ) Tribal libraries. When a State government, Tribal government, or federal agency provides funding for special construction charges for a broadband connection to a library operated by Tribal governments, the Administrator shall match the governmental entity's contribution on a one-dollar-to-one-dollar basis up to an additional 10 percent discount, provided however that the total support from federal universal service and the governmental entity may not exceed 100 percent. ( g ) Tribal Library Category Two Discount Level. For the costs of category two services, Tribal libraries at the highest discount level shall receive a 90 percent discount. [ 62 FR 32948 , June 17, 1997, as amended at 62 FR 41304 , Aug. 1, 1997; 63 FR 2130 , Jan. 13, 1998; 63 FR 70572 , Dec. 21, 1998; 75 FR 75414 , Dec. 3, 2010; 79 FR 49201 , Aug. 19, 2014; 79 FR 68634 , Nov. 18, 2014; 80 FR 5989 , Feb. 4, 2015; 88 FR 55410 , Aug. 15, 2023] § 54.506 [Reserved] § 54.507 Cap. ( a ) Amount of the annual cap. The aggregate annual cap on federal universal service support for schools and libraries shall be $3.9 billion per funding year, of which $1 billion per funding year will be available for category two services, as described in § 54.502(a)(2) , unless demand for category one services is higher than available funding. ( 1 ) Inflation increase. In funding year 2016 and subsequent funding years, the $3.9 billion funding cap on federal universal service support for schools and libraries shall be automatically increased annually to take into account increases in the rate of inflation as calculated in paragraph (a)(2) of this section. ( 2 ) Increase calculation. To measure increases in the rate of inflation for the purposes of this paragraph (a) , the Commission shall use the Gross Domestic Product Chain-type Price Index (GDP-CPI). To compute the annual increase as required by this paragraph (a) , the percentage increase in the GDP-CPI from the previous year will be used. For instance, the annual increase in the GDP-CPI from 2008 to 2009 would be used for the 2010 funding year. The increase shall be rounded to the nearest 0.1 percent by rounding 0.05 percent and above to the next higher 0.1 percent and otherwise rounding to the next lower 0.1 percent. This percentage increase shall be added to the amount of the annual funding cap from the previous funding year. If the yearly average GDP-CPI decreases or stays the same, the annual funding cap shall remain the same as the previous year. ( 3 ) Public notice. When the calculation of the yearly average GDP-CPI is determined, the Wireline Competition Bureau shall publish a public notice in the Federal Register within 60 days announcing any increase of the annual funding cap including any increase to the $1 billion funding level available for category two services based on the rate of inflation. ( 4 ) Filing window requests. At the close of the filing window, if requests for category one services are greater than the available funding, the Administrator shall shift category two funds to provide support for category one services. If available funds are sufficient to meet demand for category one services, the Administrator, at the direction of the Wireline Competition Bureau, shall direct the remaining additional funds to provide support for category two requests. ( 5 ) Amount of unused funds. All funds collected that are unused shall be carried forward into subsequent funding years for use in the schools and libraries support mechanism in accordance with the public interest and notwithstanding the annual cap. The Chief, Wireline Competition Bureau, is delegated authority to determine the proportion of unused funds, if any, needed to meet category one demand, and to direct the Administrator to use any remaining funds to provide support for category two requests. The Administrator shall report to the Commission, on a quarterly basis, funding that is unused from prior years of the schools and libraries support mechanism. ( 6 ) Application of unused funds. On an annual basis, in the second quarter of each calendar year, all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap as described in this paragraph (a) . ( b ) Funding year. A funding year for purposes of the schools and libraries cap shall be the period July 1 through June 30. ( c ) Requests. The Administrator shall implement an initial filing period that treats all schools and libraries filing an application within that period as if their applications were simultaneously received. The initial filing period shall begin and conclude on dates to be determined by the Administrator with the approval of the Chief of the Wireline Competition Bureau. The Administrator shall maintain on the Administrator's Web site a running tally of the funds already committed for the existing funding year. The Administrator may implement such additional filing periods as it deems necessary. ( d ) Annual filing requirement. ( 1 ) Schools and libraries, and consortia of such eligible entities shall file new funding requests for each funding year no sooner than the July 1 prior to the start of that funding year. Schools, libraries, and eligible consortia must use recurring services for which discounts have been committed by the Administrator within the funding year for which the discounts were sought. ( 2 ) Installation of category one non-recurring services may begin on January 1 prior to the July 1 start of the funding year, provided the following conditions are met: ( i ) Construction begins after selection of the service provider pursuant to a posted FCC Form 470, ( ii ) A category one recurring service must depend on the installation of the infrastructure, and ( iii ) The actual service start date for that recurring service is on or after the start of the funding year (July 1). ( 3 ) Installation of category two non-recurring services may begin on April 1 prior to the July 1 start of the funding year. ( 4 ) The deadline for implementation of all non-recurring services will be September 30 following the close of the funding year. An applicant may request and receive from the Administrator an extension of the implementation deadline for non-recurring services if it satisfies one of the following criteria: ( i ) The applicant's funding commitment decision letter is issued by the Administrator on or after March 1 of the funding year for which discounts are authorized; ( ii ) The applicant receives a service provider change authorization or service substitution authorization from the Administrator on or after March 1 of the funding year for which discounts are authorized; ( iii ) The applicant's service provider is unable to complete implementation for reasons beyond the service provider's control; or ( iv ) The applicant's service provider is unwilling to complete installation because funding disbursements are delayed while the Administrator investigates the application for program compliance. ( e ) Long term contracts. If schools and libraries enter into long term contracts for eligible services, the Administrator shall only commit funds to cover the pro rata portion of such a long term contract scheduled to be delivered during the funding year for which universal service support is sought. ( f ) Rules of distribution. When the filing period described in paragraph (c) of this section closes, the Administrator shall calculate the total demand for both category one and category two support submitted by applicants during the filing period. If total demand for the funding year exceeds the total support available for category one or both categories, the Administrator shall take the following steps: ( 1 ) Category one. The Administrator shall first calculate the demand for category one services for all discount levels. The Administrator shall allocate the category one funds to these requests for support, beginning with the most economically disadvantaged schools and libraries, as determined by the schools and libraries discount matrix in § 54.505(c) . Schools and libraries eligible for a 90 percent discount shall receive first priority for the category one funds. The Administrator shall next allocate funds toward the requests submitted by schools and libraries eligible for an 80 percent discount, then for a 70 percent discount, and shall continue committing funds for category one services in the same manner to the applicants at each descending discount level until there are no funds remaining. ( 2 ) Category two. The Administrator shall next calculate the demand for category two services for all discount categories as determined by the schools and libraries discount matrix in § 54.505(c) . If that demand exceeds the category two budget for that funding year, the Administrator shall allocate the category two funds beginning with the most economically disadvantaged schools and libraries, as determined by the schools and libraries discount matrix in § 54.505(c) . The Administrator shall allocate funds toward the category two requests submitted by schools and libraries eligible for an 85 percent discount first, then for a 80 percent discount, and shall continue committing funds in the same manner to the applicants at each descending discount level until there are no category two funds remaining. ( 3 ) To the extent that there are single discount percentage levels associated with “shared services” under § 54.505(b)(4) , the Administrator shall allocate funds to the applicants at each descending discount level (e.g., 90 percent, 89 percent, then 88 percent) until there are no funds remaining. ( 4 ) For both paragraphs (f)(1) and (2) of this section, if the remaining funds are not sufficient to support all of the funding requests within a particular discount level, the Administrator shall allocate funds at that discount level using the percentage of students eligible for the National School Lunch Program. Thus, if there is not enough support to fund all requests at the 40 percent discount level, the Administrator shall allocate funds beginning with those applicants with the highest percentage of NSLP eligibility for that discount level by funding those applicants with 19 percent NSLP eligibility, then 18 percent NSLP eligibility, and shall continue committing funds in the same manner to applicants at each descending percentage of NSLP until there are no funds remaining. [ 79 FR 49201 , Aug. 19, 2014, as amended at 80 FR 5990 , Feb. 4, 2015] §§ 54.508-54.509 [Reserved] § 54.511 Ordering services. ( a ) Selecting a provider of eligible services. Except as exempted in § 54.503(e) , in selecting a provider of eligible services, schools, libraries, library consortia, and consortia including any of those entities shall carefully consider all bids submitted and must select the most cost-effective service offering. In determining which service offering is the most cost-effective, entities may consider relevant factors other than the pre-discount prices submitted by providers, but price should be the primary factor considered. ( b ) Lowest corresponding price. Providers of eligible services shall not submit bids for or charge schools, school districts, libraries, library consortia, or consortia including any of these entities a price above the lowest corresponding price for supported services, unless the Commission, with respect to interstate services or the state commission with respect to intrastate services, finds that the lowest corresponding price is not compensatory. Promotional rates offered by a service provider for a period of more than 90 days must be included among the comparable rates upon which the lowest corresponding price is determined. [ 79 FR 59203 , Aug. 19, 2014] § 54.513 Resale and transfer of services. ( a ) Prohibition on resale. Eligible supported services provided at a discount under this subpart shall not be sold, resold, or transferred in consideration of money or any other thing of value, except as provided in paragraph (b) of this section. ( b ) Disposal of obsolete equipment components of eligible services. Eligible equipment components of eligible services purchased at a discount under this subpart shall be considered obsolete if the equipment components have has been installed for at least five years. Obsolete equipment components of eligible services may be resold or transferred in consideration of money or any other thing of value, disposed of, donated, or traded. ( c ) Permissible fees. This prohibition on resale shall not bar schools, school districts, libraries, and library consortia from charging either computer lab fees or fees for classes in how to navigate over the Internet. There is no prohibition on the resale of services that are not purchased pursuant to the discounts provided in this subpart. ( d ) Eligible services and equipment components of eligible services purchased at a discount under this subpart shall not be transferred, with or without consideration of money or any other thing of value, for a period of three years after purchase, except that eligible services and equipment components of eligible services may be transferred to another eligible school or library in the event that the particular location where the service originally was received is permanently or temporarily closed, or is part of the same eligible school district or library system as the location receiving the eligible services or equipment components of eligible services. If an eligible service or equipment component of a service is transferred pursuant to this paragraph, both the transferor and recipient must maintain detailed records documenting the transfer and the reason for the transfer for a period of five years. [ 62 FR 32948 , June 17, 1997, as amended at 69 FR 6191 , Feb. 10, 2004; 75 FR 75415 , Dec. 3, 2010; 84 FR 70037 , Dec. 20, 2019] § 54.514 Payment for discounted services. ( a ) Invoice filing deadline. Invoices must be submitted to the Administrator: ( 1 ) 120 days after the last day to receive service; ( 2 ) 120 days after the date of the FCC Form 486 Notification Letter; or ( 3 ) 120 days after the date of the Revised Funding Commitment Decision Letter approving a post-commitment request made by the applicant or service provider or a successful appeal of a previously denied or reduced funding request, whichever is latest. ( b ) Invoice deadline extension. In advance of the deadline calculated pursuant to paragraph (a) of this section, service providers or billed entities may request a one-time extension of the invoicing deadline. The Administrator shall grant a 120 day extension of the invoice filing deadline, if it is timely requested. ( c ) Choice of payment method. Service providers providing discounted services under this subpart in any funding year shall, prior to the submission of the FCC Form 471, permit the billed entity to choose the method of payment for the discounted services from those methods approved by the Administrator, including by making a full, undiscounted payment and receiving subsequent reimbursement of the discount amount from the Administrator. [ 79 FR 49203 , Aug. 19, 2014, as amended at 86 FR 9027 , Feb. 11, 2021] § 54.515 Distributing support. ( a ) A telecommunications carrier providing services eligible for support under this subpart to eligible schools and libraries may, at the election of the carrier, treat the amount eligible for support under this subpart as an offset against the carrier's universal service contribution obligation for the year in which the costs for providing eligible services were incurred or receive a direct reimbursement from the Administrator for that amount. Carriers shall elect in January of each year the method by which they will be reimbursed and shall remain subject to that method for the duration of the calendar year. Any support amount that is owed a carrier that fails to remit its monthly universal service contribution obligation, however, shall first be applied as an offset to that carrier's contribution obligation. Such a carrier shall remain subject to the offsetting method for the remainder of the calendar year in which it failed to remit their monthly universal service obligation. A carrier that continues to be in arrears on its universal service contribution obligations at the end of a calendar year shall remain subject to the offsetting method for the next calendar year. ( b ) If a telecommunications carrier elects to treat the amount eligible for support under this subpart as an offset against the carrier's universal service contribution obligation and the total amount of support owed to the carrier exceeds its universal service obligation, calculated on an annual basis, the carrier shall receive a direct reimbursement in the amount of the difference. Any such reimbursement due a carrier shall be submitted to that carrier no later than the end of the first quarter of the calendar year following the year in which the costs were incurred and the offset against the carrier's universal service obligation was applied. [ 63 FR 67009 , Dec. 4, 1998] § 54.516 Auditing and inspections. ( a ) Recordkeeping requirements — ( 1 ) Schools, libraries, and consortia. Schools, libraries, and any consortium that includes schools or libraries shall retain all documents related to the application for, receipt, and delivery of supported services for at least 10 years after the latter of the last day of the applicable funding year or the service delivery deadline for the funding request. Any other document that demonstrates compliance with the statutory or regulatory requirements for the schools and libraries mechanism shall be retained as well. Schools, libraries, and consortia shall maintain asset and inventory records of equipment purchased as components of supported category two services sufficient to verify the actual location of such equipment for a period of 10 years after purchase. ( 2 ) Service providers. Service providers shall retain documents related to the delivery of supported services for at least 10 years after the latter of the last day of the applicable funding year or the service delivery deadline for the funding request. Any other document that demonstrates compliance with the statutory or regulatory requirements for the schools and libraries mechanism shall be retained as well. ( b ) Production of records. Schools, libraries, consortia, and service providers shall produce such records at the request of any representative (including any auditor) appointed by a state education department, the Administrator, the FCC, or any local, state or federal agency with jurisdiction over the entity. ( c ) Audits. Schools, libraries, consortia, and service providers shall be subject to audits and other investigations to evaluate their compliance with the statutory and regulatory requirements for the schools and libraries universal service support mechanism, including those requirements pertaining to what services and products are purchased, what services and products are delivered, and how services and products are being used. Schools, libraries, and consortia receiving discounted services must provide consent before a service provider releases confidential information to the auditor, reviewer, or other representative. ( d ) Inspections. Schools, libraries, consortia and service providers shall permit any representative (including any auditor) appointed by a state education department, the Administrator, the Commission or any local, state or federal agency with jurisdiction over the entity to enter their premises to conduct E-rate compliance inspections. [ 79 FR 49203 , Aug. 19, 2014] §§ 54.517-54.518 [Reserved] § 54.519 State telecommunications networks. ( a ) Telecommunications services. State telecommunications networks may secure discounts under the universal service support mechanisms on supported telecommunications services (as described in § 54.502(a) ) on behalf of eligible schools and libraries (as described in § 54.501 ) or consortia that include an eligible school or library. Such state telecommunications networks shall pass on such discounts to eligible schools and libraries and shall: ( 1 ) Maintain records listing each eligible school and library and showing the basis for each eligibility determination; ( 2 ) Maintain records demonstrating the discount amount to which each eligible school and library is entitled and the basis for such determination; ( 3 ) Take reasonable steps to ensure that each eligible school or library receives a proportionate share of the shared services; ( 4 ) Request that service providers apply the appropriate discount amounts on the portion of the supported services used by each school or library; ( 5 ) Direct eligible schools and libraries to pay the discounted price; and ( 6 ) Comply with the competitive bid requirements set forth in § 54.503 . ( b ) Internet access and installation and maintenance of internal connections. State telecommunications networks either may secure discounts on Internet access and installation and maintenance of internal connections in the manner described in paragraph (a) of this section with regard to telecommunications, or shall be eligible, consistent with § 54.502(a) , to receive universal service support for providing such services to eligible schools, libraries, and consortia including those entities. [ 63 FR 2131 , Jan. 13, 1998; 63 FR 33586 , June 19, 1998, as amended at 75 FR 75415 , Dec. 3, 2010] § 54.520 Children's Internet Protection Act certifications required from recipients of discounts under the federal universal service support mechanism for schools and libraries. ( a ) Definitions. ( 1 ) School. For the purposes of the certification requirements of this rule, school means school, school board, school district, local education agency or other authority responsible for administration of a school. ( 2 ) Library. For the purposes of the certification requirements of this rule, library means library, library board or authority responsible for administration of a library. ( 3 ) Billed entity. Billed entity is defined in § 54.500 . In the case of a consortium, the billed entity is the lead member of the consortium. ( 4 ) Statutory definitions. ( i ) The term “minor” means any individual who has not attained the age of 17 years. ( ii ) The term “obscene” has the meaning given such term in 18 U.S.C. 1460 . ( iii ) The term “child pornography” has the meaning given such term in 18 U.S.C. 2256 . ( iv ) The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that— ( A ) Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; ( B ) Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and ( C ) Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. ( v ) The terms “sexual act” and “sexual contact” have the meanings given such terms in 18 U.S.C. 2246 . ( vi ) The term “technology protection measure” means a specific technology that blocks or filters Internet access to the material covered by a certification under paragraph (c) of this section. ( b ) Who is required to make certifications? ( 1 ) A school or library that receives discounts for Internet access and internal connections services under the federal universal service support mechanism for schools and libraries, must make such certifications as described in paragraph (c) of this section. The certifications required and described in paragraph (c) of this section must be made in each funding year. ( 2 ) Schools and libraries that only receive discounts for telecommunications services under the federal universal service support mechanism for schools and libraries are not subject to the requirements 47 U.S.C. 254(h) and (l) , but must indicate, pursuant to the certification requirements in paragraph (c) of this section, that they only receive discounts for telecommunications services. ( c ) Certifications required under 47 U.S.C. 254(h) and (l) — ( 1 ) Schools. The billed entity for a school that receives discounts for Internet access or internal connections must certify on FCC Form 486 that an Internet safety policy is being enforced. If the school is an eligible member of a consortium but is not the billed entity for the consortium, the school must certify instead on FCC Form 479 (“Certification to Consortium Leader of Compliance with the Children's Internet Protection Act”) that an Internet safety policy is being enforced. ( i ) The Internet safety policy adopted and enforced pursuant to 47 U.S.C. 254(h) must include a technology protection measure that protects against Internet access by both adults and minors to visual depictions that are obscene, child pornography, or, with respect to use of the computers by minors, harmful to minors. The school must enforce the operation of the technology protection measure during use of its computers with Internet access, although an administrator, supervisor, or other person authorized by the certifying authority under paragraph (a)(1) of this section may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. This Internet safety policy must also include monitoring the online activities of minors. Beginning July 1, 2012, schools' Internet safety policies must provide for educating minors about appropriate online behavior, including interacting with other individuals on social networking Web sites and in chat rooms and cyberbullying awareness and response. ( ii ) The Internet safety policy adopted and enforced pursuant to 47 U.S.C. 254(l) must address all of the following issues: ( A ) Access by minors to inappropriate matter on the Internet and World Wide Web, ( B ) The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications, ( C ) Unauthorized access, including so-called “hacking,” and other unlawful activities by minors online; ( D ) Unauthorized disclosure, use, and dissemination of personal information regarding minors; and ( E ) Measures designed to restrict minors' access to materials harmful to minors. ( iii ) A school must satisfy its obligations to make certifications by making one of the following certifications required by paragraph (c)(1) of this section on FCC Form 486: ( A ) The recipient(s) of service represented in the Funding Request Number(s) on this Form 486 has (have) complied with the requirements of the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) . ( B ) Pursuant to the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , the recipient(s) of service represented in the Funding Request Number(s) on this Form 486, for whom this is the first funding year in the federal universal service support mechanism for schools and libraries, is (are) undertaking such actions, including any necessary procurement procedures, to comply with the requirements of CIPA for the next funding year, but has (have) not completed all requirements of CIPA for this funding year. ( C ) The Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , does not apply because the recipient(s) of service represented in the Funding Request Number(s) on this Form 486 is (are) receiving discount services only for telecommunications services. ( 2 ) Libraries. The billed entity for a library that receives discounts for Internet access and internal connections must certify, on FCC Form 486, that an Internet safety policy is being enforced. If the library is an eligible member of a consortium but is not the billed entity for the consortium, the library must instead certify on FCC Form 479 (“Certification to Consortium Leader of Compliance with the Children's Internet Protection Act”) that an Internet safety policy is being enforced. ( i ) The Internet safety policy adopted and enforced pursuant to 47 U.S.C. 254(h) must include a technology protection measure that protects against Internet access by both adults and minors to visual depictions that are obscene, child pornography, or, with respect to use of the computers by minors, harmful to minors. The library must enforce the operation of the technology protection measure during use of its computers with Internet access, although an administrator, supervisor, or other person authorized by the certifying authority under paragraph (a)(2) of this section may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. ( ii ) The Internet safety policy adopted and enforced pursuant to 47 U.S.C. 254(l) must address all of the following issues: ( A ) Access by minors to inappropriate matter on the Internet and World Wide Web; ( B ) The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications; ( C ) Unauthorized access, including so-called “hacking,” and other unlawful activities by minors online; ( D ) Unauthorized disclosure, use, and dissemination of personal information regarding minors; and ( E ) Measures designed to restrict minors' access to materials harmful to minors. ( iii ) A library must satisfy its obligations to make certifications by making one of the following certifications required by paragraph (c)(2) of this section on FCC Form 486: ( A ) The recipient(s) of service represented in the Funding Request Number(s) on this Form 486 has (have) complied with the requirements of the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) . ( B ) Pursuant to the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , the recipient(s) of service represented in the Funding Request Number(s) on this Form 486, for whom this is the first funding year in the federal universal service support mechanism for schools and libraries, is (are) undertaking such actions, including any necessary procurement procedures, to comply with the requirements of CIPA for the next funding year, but has (have) not completed all requirements of CIPA for this funding year. ( C ) The Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , does not apply because the recipient(s) of service represented in the Funding Request Number(s) on this Form 486 is (are) receiving discount services only for telecommunications services. ( 3 ) Certifications required from consortia members and billed entities for consortia. ( i ) The billed entity of a consortium, as defined in paragraph (a)(3) of this section, other than one requesting only discounts on telecommunications services for consortium members, must collect from the authority for each of its school and library members, one of the following signed certifications on FCC Form 479 (“Certification to Consortium Leader of Compliance with the Children's Internet Protection Act”), which must be submitted to the billed entity consistent with paragraph (c)(1) or paragraph (c)(2) of this section: ( A ) The recipient(s) of service under my administrative authority and represented in the Funding Request Number(s) for which you have requested or received Funding Commitments has (have) complied with the requirements of the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) . ( B ) Pursuant to the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , the recipient(s) of service under my administrative authority and represented in the Funding Request Number(s) for which you have requested or received Funding Commitments, and for whom this is the first funding year in the federal universal service support mechanism for schools and libraries, is (are) undertaking such actions, including any necessary procurement procedures, to comply with the requirements of CIPA for the next funding year, but has (have) not completed all requirements of CIPA for this funding year. ( C ) The Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , does not apply because the recipient(s) of service under my administrative authority and represented in the Funding Request Number(s) for which you have requested or received Funding Commitments is (are) receiving discount services only for telecommunications services; and ( ii ) The billed entity for a consortium, as defined in paragraph (a)(3) of this section, must make one of the following two certifications on FCC Form 486: “I certify as the Billed Entity for the consortium that I have collected duly completed and signed Forms 479 from all eligible members of the consortium.”; or I certify “as the Billed Entity for the consortium that the only services that I have been approved for discounts under the universal service support on behalf of eligible members of the consortium are telecommunications services, and therefore the requirements of the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , do not apply.”; and ( iii ) The billed entity for a consortium, as defined in paragraph (a)(3) of this section, who filed an FCC Form 471 as a “consortium application” and who is also a recipient of services as a member of that consortium must select one of the certifications under paragraph (c)(3)(i) of this section on FCC Form 486. ( 4 ) Local determination of content. A determination regarding matter inappropriate for minors shall be made by the school board, local educational agency, library, or other authority responsible for making the determination. No agency or instrumentality of the United States Government may establish criteria for making such determination; review the determination made by the certifying school, school board, school district, local educational agency, library, or other authority; or consider the criteria employed by the certifying school, school board, school district, local educational agency, library, or other authority in the administration of the schools and libraries universal service support mechanism. ( 5 ) Availability for review. Each Internet safety policy adopted pursuant to 47 U.S.C. 254(l) shall be made available to the Commission, upon request from the Commission, by the school, school board, school district, local educational agency, library, or other authority responsible for adopting such Internet safety policy for purposes of the review of such Internet safety policy by the Commission. ( d ) Failure to provide certifications — ( 1 ) Schools and libraries. A school or library that knowingly fails to submit certifications as required by this section, shall not be eligible for discount services under the federal universal service support mechanism for schools and libraries until such certifications are submitted. ( 2 ) Consortia. A billed entity's knowing failure to collect the required certifications from its eligible school and library members or knowing failure to certify that it collected the required certifications shall render the entire consortium ineligible for discounts under the federal universal service support mechanism for school and libraries. ( 3 ) Reestablishing eligibility. At any time, a school or library deemed ineligible for discount services under the federal universal service support mechanism for schools and libraries because of failure to submit certifications required by this section, may reestablish eligibility for discounts by providing the required certifications to the Administrator and the Commission. ( e ) Failure to comply with the certifications — ( 1 ) Schools and libraries. A school or library that knowingly fails to ensure the use of computers in accordance with the certifications required by this section, must reimburse any funds and discounts received under the federal universal service support mechanism for schools and libraries for the period in which there was noncompliance. ( 2 ) Consortia. In the case of consortium applications, the eligibility for discounts of consortium members who ensure the use of computers in accordance with the certification requirements of this section shall not be affected by the failure of other school or library consortium members to ensure the use of computers in accordance with such requirements. ( 3 ) Reestablishing compliance. At any time, a school or library deemed ineligible for discounts under the federal universal service support mechanism for schools and libraries for failure to ensure the use of computers in accordance with the certification requirements of this section and that has been directed to reimburse the program for discounts received during the period of noncompliance, may reestablish compliance by ensuring the use of its computers in accordance with the certification requirements under this section. Upon submittal to the Commission of a certification or other appropriate evidence of such remedy, the school or library shall be eligible for discounts under the universal service mechanism. ( f ) Waivers based on state or local procurement rules and regulations and competitive bidding requirements. Waivers shall be granted to schools and libraries when the authority responsible for making the certifications required by this section, cannot make the required certifications because its state or local procurement rules or regulations or competitive bidding requirements, prevent the making of the certification otherwise required. The waiver shall be granted upon the provision, by the authority responsible for making the certifications on behalf of schools or libraries, that the schools or libraries will be brought into compliance with the requirements of this section, for schools, before the start of the third program year after April 20, 2001 in which the school is applying for funds under this title, and, for libraries, before the start of Funding Year 2005 or the third program year after April 20, 2001, whichever is later. ( g ) Funding year certification deadlines. For Funding Year 2003 and for subsequent funding years, billed entities shall provide one of the certifications required under paragraph (c)(1) , (c)(2) or (c)(3) of this section on an FCC Form 486 in accordance with the existing program guidelines established by the Administrator. ( h ) Public notice; hearing or meeting. A school or library shall provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy. [ 66 FR 19396 , Apr. 16, 2001; 66 FR 22133 , May 3, 2001, as amended at 67 FR 50603 , Aug. 5, 2002; 68 FR 47255 , Aug. 8, 2003; 76 FR 56303 , Sept. 13, 2011] § 54.522 [Reserved] § 54.523 Payment for the non-discount portion of supported services. An eligible school, library, or consortium must pay the non-discount portion of services or products purchased with universal service discounts. An eligible school, library, or consortium may not receive rebates for services or products purchased with universal service discounts. For the purpose of this rule, the provision, by the provider of a supported service, of free services or products unrelated to the supported service or product constitutes a rebate of the non-discount portion of the supported services. [ 69 FR 6192 , Feb. 10, 2004] Subpart G—Universal Service for Rural Health Care Program Source: 84 FR 54979 , Oct. 11, 2019, unless otherwise noted. § 54.600 Terms and definitions. As used in this subpart, the following terms shall be defined as follows: ( a ) Funding year. A “funding year” for purposes of the funding cap shall be the period between July 1 of the current calendar year through June 30 of the next calendar year. ( b ) Health care provider. A “health care provider” is any: ( 1 ) Post-secondary educational institution offering health care instruction, including a teaching hospital or medical school; ( 2 ) Community health center or health center providing health care to migrants; ( 3 ) Local health department or agency; ( 4 ) Community mental health center; ( 5 ) Not-for-profit hospital; ( 6 ) Rural health clinic; ( 7 ) Skilled nursing facility (as defined in section 395i-3(a) of Title 42); or a ( 8 ) Consortium of health care providers consisting of one or more entities described in paragraphs (b)(1) through (7) in this section. ( c ) Off-site administrative office. An “off-site administrative office” is a facility that does not provide hands-on delivery of patient care but performs administrative support functions that are critical to the provision of clinical care by eligible health care providers. ( d ) Off-site data center. An “off-site data center” is a facility that serves as a centralized repository for the storage, management, and dissemination of an eligible health care provider's computer systems, associated components, and data, including (but not limited to) electronic health records. ( e ) Rural area. A “rural area” is an area that is entirely outside of a Core Based Statistical Area; is within a Core Based Statistical Area that does not have any Urban Area with a population of 25,000 or greater; or is in a Core Based Statistical Area that contains an Urban Area with a population of 25,000 or greater, but is within a specific census tract that itself does not contain any part of a Place or Urban Area with a population of greater than 25,000. For purposes of this rule, “Core Based Statistical Area,” “Urban Area,” and “Place” are as identified by the Census Bureau. ( f ) Rural health care provider. A “rural health care provider” is an eligible health care provider site located in a rural area. ( g ) Urbanized area. An “urbanized area” is an area with 50,000 or more people as designated by the Census Bureau based on the most recent decennial Census. § 54.601 Health care provider eligibility. Cross Reference Link to an amendment published at 89 FR 1845 , Jan. 11, 2024. ( a ) Eligible health care providers. ( 1 ) Only an entity that is either a public or non-profit health care provider, as defined in this subpart, shall be eligible to receive support under this subpart. ( 2 ) Each separate site or location of a health care provider shall be considered an individual health care provider for purposes of calculating and limiting support under this subpart. ( b ) Determination of health care provider eligibility for the Healthcare Connect Fund Program. Health care providers in the Healthcare Connect Fund Program may certify to the eligibility of particular sites at any time prior to, or concurrently with, filing a request for services to initiate competitive bidding for the site. Applicants who utilize a competitive bidding exemption must provide eligibility information for the site to the Administrator prior to, or concurrently with, filing a request for funding for the site. Health care providers must also notify the Administrator within 30 days of a change in the health care provider's name, site location, contact information, or eligible entity type. Effective Date Note Effective Date Note: At 89 FR 1845 , Jan. 11, 2024, § 54.601 was amended by revising paragraph (b) and adding paragraph (c), however this paragraph is delayed indefinitely. § 54.602 Health care support mechanism. ( a ) Telecommunications Program. Eligible rural health care providers may request support for the difference, if any, between the urban and rural rates for telecommunications services, subject to the provisions and limitations set forth in §§ 54.600 through 54.602 and 54.603 through 54.606 . This support is referred to as the “Telecommunications Program.” ( b ) Healthcare Connect Fund Program. Eligible health care providers may request support for eligible services, equipment, and infrastructure, subject to the provisions and limitations set forth in §§ 54.600 through 54.602 and 54.607 through 54.618 . This support is referred to as the “Healthcare Connect Fund Program.” ( c ) Allocation of discounts. An eligible health care provider that engages in both eligible and ineligible activities or that collocates with an ineligible entity shall allocate eligible and ineligible activities in order to receive prorated support for the eligible activities only. Health care providers shall choose a method of cost allocation that is based on objective criteria and reasonably reflects the eligible usage of the facilities. ( d ) Health care purposes. Services for which eligible health care providers receive support from the Telecommunications Program or the Healthcare Connect Fund Program must be reasonably related to the provision of health care services or instruction that the health care provider is legally authorized to provide under the law in the state in which such health care services or instruction are provided. Telecommunications Program § 54.603 Consortia, telecommunications services, and existing contracts. ( a ) Consortia. ( 1 ) Under the Telecommunications Program, an eligible health care provider may join a consortium with other eligible health care providers; with schools, libraries, and library consortia eligible under subpart F of this part ; and with public sector (governmental) entities to order telecommunications services. With one exception, eligible health care providers participating in consortia with ineligible private sector members shall not be eligible for supported services under this subpart. A consortium may include ineligible private sector entities if such consortium is only receiving services at tariffed rates or at market rates from those providers who do not file tariffs. ( 2 ) For consortia, universal service support under the Telecommunications Program shall apply only to the portion of eligible services used by an eligible health care provider. ( b ) Telecommunications services. Any telecommunications service that is the subject of a properly completed bona fide request by a rural health care provider shall be eligible for universal service support. Upon submitting a bona fide request to a telecommunications carrier, each eligible rural health care provider is entitled to receive the most cost-effective, commercially-available telecommunications service, and a telecommunications service carrier that is eligible for support under the Telecommunications Program shall provide such service at the urban rate, as defined in § 54.604 . ( c ) Existing contracts. A signed contract for services eligible for Telecommunications Program support pursuant to this subpart between an eligible health care provider, as defined under § 54.600 , and a service provider shall be exempt from the competitive bid requirements as set forth in § 54.622(i) . § 54.604 Determining the urban rate. ( a ) Effective funding year 2024: ( 1 ) If a rural health care provider requests support for an eligible service to be funded from the Telecommunications Program that is to be provided over a distance that is less than or equal to the “standard urban distance,” as defined in paragraph (a)(3) of this section, for the state in which it is located, the “urban rate” for that service shall be a rate no higher than the highest tariffed or publicly-available rate charged to a commercial customer for a functionally similar service in any city with a population of 50,000 or more in that state, calculated as if it were provided between two points within the city. ( 2 ) If a rural health care provider requests an eligible service to be provided over a distance that is greater than the “standard urban distance,” as defined in paragraph (a)(3) of this section, for the state in which it is located, the urban rate for that service shall be a rate no higher than the highest tariffed or publicly-available rate charged to a commercial customer for a functionally similar service provided over the standard urban distance in any city with a population of 50,000 or more in that state, calculated as if the service were provided between two points within the city. ( 3 ) The “standard urban distance” for a state is the average of the longest diameters of all cities with a population of 50,000 or more within the state. ( 4 ) The Administrator shall calculate the “standard urban distance” and shall post the “standard urban distance” and the maximum supported distance for each state on its website. ( b ) As of funding year 2025, if a rural health care provider requests support for an eligible service to be funded from the Telecommunications Program the “urban rate” for that service shall be a rate no higher than the highest tariffed or publicly-available rate charged to a commercial customer for a functionally similar service in any city with a population of 50,000 or more in that state, calculated as if it were provided between two points within the city. [ 89 FR 1845 , Jan. 11, 2024] § 54.605 Determining the rural rate. ( a ) Effective funding year 2024, the rural rate shall be the average of the rates actually being charged to commercial customers, other than health care providers, for identical or similar services provided by the telecommunications carrier providing the service in the rural area in which the health care provider is located. The rates included in this average shall be for services provided over the same distance as the eligible service. The rates averaged to calculate the rural rate must not include any rates reduced by universal service support mechanisms. The “rural rate” shall be used as described in this subpart to determine the credit or reimbursement due to a telecommunications carrier that provides eligible telecommunications services to eligible health care providers. ( b ) If the telecommunications carrier serving the health care provider is not providing any identical or similar services in the rural area, then the rural rate shall be the average of the tariffed and other publicly available rates, not including any rates reduced by universal service programs, charged for the same or similar services in that rural area over the same distance as the eligible service by other carriers. If there are no tariffed or publicly available rates for such services in that rural area, or if the carrier reasonably determines that this method for calculating the rural rate is unfair, then the carrier shall submit for the state commission's approval, for intrastate rates, or for the Commission's approval, for interstate rates, a cost-based rate for the provision of the service in the most economically efficient, reasonably available manner. ( 1 ) The carrier must provide, to the state commission, for intrastate rates, or to the Commission, for interstate rates, a justification of the proposed rural rate, including an itemization of the costs of providing the requested service. ( 2 ) The carrier must provide such information periodically thereafter as required, by the state commission for intrastate rates or the Commission for interstate rates. In doing so, the carrier much take into account anticipated and actual demand for telecommunications services by all customers who will use the facilities over which services are being provided to eligible health care providers. [ 88 FR 17395 , Mar. 23, 2023] § 54.606 Calculating support. ( a ) The amount of universal service support provided for an eligible service to be funded from the Telecommunications program shall be the difference, if any, between the urban rate and the rural rate charged for the services, as defined in this section. In addition, all reasonable charges that are incurred by taking such services, such as state and federal taxes, shall be eligible for universal service support. Charges for termination liability, penalty surcharges, and other charges not included in the cost of taking such service shall not be covered by the universal service support mechanisms. ( b ) The universal service support mechanisms shall provide support for intrastate telecommunications services, as set forth in § 54.101(a) , provided to rural health care providers as well as interstate telecommunications services. ( c ) Mobile rural health care providers — ( 1 ) Calculation of support. The support amount allowed under the Telecommunications Program for satellite services provided to mobile rural health care providers is calculated by comparing the rate for the satellite service to the rate for an urban wireline service with a similar bandwidth. Support for satellite services shall not be capped at an amount of a functionally similar wireline alternative. Where the mobile rural health care provider provides service in more than one state, the calculation shall be based on the urban areas in each state, proportional to the number of locations served in each state. ( 2 ) Documentation of support. ( i ) Mobile rural health care providers shall provide to the Administrator documentation of the price of bandwidth equivalent wireline services in the urban area in the state or states where the service is provided. Mobile rural health care providers shall provide to the Administrator the number of sites the mobile health care provider will serve during the funding year. ( ii ) Where a mobile rural health care provider serves less than eight different sites per year, the mobile rural health care provider shall provide to the Administrator documentation of the price of bandwidth equivalent wireline services. In such case, the Administrator shall determine on a case-by-case basis whether the telecommunications service selected by the mobile rural health care provider is the most cost-effective option. Where a mobile rural health care provider seeks a more expensive satellite-based service when a less expensive wireline alternative is most cost-effective, the mobile rural health care provider shall be responsible for the additional cost. Healthcare Connect Fund Program § 54.607 Eligible recipients. ( a ) Rural health care provider site—individual and consortium. Under the Healthcare Connect Fund Program, an eligible rural health care provider may receive universal service support by applying individually or through a consortium. For purposes of the Healthcare Connect Fund Program, a “consortium” is a group of two or more health care provider sites that request support through a single application. Consortia may include health care providers who are not eligible for support under the Healthcare Connect Fund Program, but such health care providers cannot receive support for their expenses and must participate pursuant to the cost allocation guidelines in § 54.617(d) . ( b ) Limitation on participation of non-rural health care provider sites in a consortium. An eligible non-rural health care provider site may receive universal service support only as part of a consortium that includes more than 50 percent eligible rural health care provider sites. The majority-rural consortia percentage requirement will increase by 5 percent for the following funding year (up to a maximum of 75 percent) if the Commission must prioritize funding for a given year because Rural Health Care Program demand exceeds the funding cap. ( c ) Limitation on large non-rural hospitals. Each eligible non-rural public or non-profit hospital site with 400 or more licensed patient beds may receive no more than $30,000 per year in Healthcare Connect Fund Program support for eligible recurring charges and no more than $70,000 in Healthcare Connect Fund Program support every five years for eligible nonrecurring charges, exclusive in both cases of costs shared by the network. § 54.608 Eligible service providers. For purposes of the Healthcare Connect Fund Program, eligible service providers shall include any provider of equipment, facilities, or services that is eligible for support under the Healthcare Connect Fund Program. § 54.609 Designation of Consortium Leader. ( a ) Identifying a Consortium Leader. Each consortium seeking support under the Healthcare Connect Fund Program must identify an entity or organization that will lead the consortium (the “Consortium Leader”). ( b ) Consortium Leader eligibility. The Consortium Leader may be the consortium itself (if it is a distinct legal entity); an eligible health care provider participating in the consortium; or a state organization, public sector (governmental) entity (including a Tribal government entity), or non-profit entity that is ineligible for Healthcare Connect Fund Program support. Ineligible state organizations, public sector entities, or non-profit entities may serve as Consortium Leaders or provide consulting assistance to consortia only if they do not participate as potential service providers during the competitive bidding process. An ineligible entity that serves as the Consortium Leader must pass on the full value of any discounts, funding, or other program benefits secured to the consortium members that are eligible health care providers. ( c ) Consortium Leader responsibilities. The Consortium Leader's responsibilities include the following: ( 1 ) Legal and financial responsibility for supported activities. The Consortium Leader is the legally and financially responsible entity for the activities supported by the Healthcare Connect Fund Program. By default, the Consortium Leader is the responsible entity if audits or other investigations by Administrator or the Commission reveal violations of the Act or Commission rules, with individual consortium members being jointly and severally liable if the Consortium Leader dissolves, files for bankruptcy, or otherwise fails to meet its obligations. Except for the responsibilities specifically described in paragraphs (c)(2) through (6) in this section, consortia may allocate legal and financial responsibility as they see fit, provided that this allocation is memorialized in a formal written agreement between the affected parties ( i.e., the Consortium Leader, and the consortium as a whole and/or its individual members), and the written agreement is submitted to the Administrator for approval with, or prior to, the request for services. Any such agreement must clearly identify the party(ies) responsible for repayment if the Administrator, at a later date, seeks to recover disbursements of support to the consortium due to violations of program rules. ( 2 ) Point of contact for the FCC and Administrator. The Consortium Leader is responsible for designating an individual who will be the “Project Coordinator” and serve as the point of contact with the Commission and the Administrator for all matters related to the consortium. The Consortium Leader is responsible for responding to Commission and Administrator inquiries on behalf of the consortium members throughout the application, funding, invoicing, and post-invoicing period. ( 3 ) Typical applicant functions, including forms and certifications. The Consortium Leader is responsible for submitting program forms and required documentation and ensuring that all information and certifications submitted are true and correct. The Consortium Leader must also collect and retain a Letter of Agency (LOA) from each member, pursuant to § 54.610 . ( 4 ) Competitive bidding and cost allocation. The Consortium Leader is responsible for ensuring that the competitive bidding process is fair and open and otherwise complies with Commission requirements. If costs are shared by both eligible and ineligible entities, the Consortium Leader must ensure that costs are allocated in a manner that ensures that only eligible entities receive the benefit of program discounts. ( 5 ) Invoicing. The Consortium Leader is responsible for notifying the Administrator when supported services have commenced and for submitting invoices to the Administrator. ( 6 ) Recordkeeping, site visits, and audits. The Consortium Leader is also responsible for compliance with the Commission's recordkeeping requirements and for coordinating site visits and audits for all consortium members. § 54.610 Letters of agency (LOA). ( a ) Authorizations. Under the Healthcare Connect Fund Program, the Consortium Leader must obtain the following authorizations: ( 1 ) Prior to the submission of the request for services, the Consortium Leader must obtain authorization, the necessary certifications, and any supporting documentation from each consortium member to permit the Consortium Leader to submit the request for services and prepare and post the request for proposal on behalf of the member. ( 2 ) Prior to the submission of the funding request, the Consortium Leader must secure authorization, the necessary certifications, and any supporting documentation from each consortium member to permit the Consortium Leader to submit the funding request and manage invoicing and payments on behalf of the member. ( b ) Optional two-step process. The Consortium Leader may secure both required authorizations from each consortium member in either a single LOA or in two separate LOAs. ( c ) Required information in a LOA. ( 1 ) An LOA must include, at a minimum, the name of the entity filing the application ( i.e., lead applicant or Consortium Leader); the name of the entity authorizing the filing of the application ( i.e., the participating health care provider/consortium member); the physical location of the health care provider/consortium member site(s); the relationship of each site seeking support to the lead entity filing the application; the specific timeframe the LOA covers; the signature, title and contact information (including phone number, mailing address, and email address) of an official who is authorized to act on behalf of the health care provider/consortium member; the signature date; and the type of services covered by the LOA. ( 2 ) For health care providers located on Tribal lands, if the health care facility is a contract facility that is run solely by the tribe, the appropriate Tribal leader, such as the Tribal chairperson, president, or governor, shall also sign the LOA, unless the health care responsibilities have been duly delegated to another Tribal government representative. § 54.611 Health care provider contribution. ( a ) Health care provider contribution. All health care providers receiving support under the Healthcare Connect Fund Program shall receive a 65 percent discount on the cost of eligible expenses and shall be required to contribute 35 percent of the total cost of all eligible expenses. ( b ) Limits on eligible sources of health care provider contribution. Only funds from eligible sources may be applied toward the health care provider's required contribution. ( 1 ) Eligible sources include the applicant or eligible health care provider participants; state grants, appropriations, or other sources of state funding; federal grants, loans, appropriations except for other federal universal service funding, or other sources of federal funding; Tribal government funding; and other grants, including private grants. ( 2 ) Ineligible sources include (but are not limited to) in-kind or implied contributions from health care providers; direct payments from service providers, including contractors and consultants to such entities; and for-profit entities. ( c ) Disclosure of health care provider contribution source. Prior to receiving support, applicants are required to identify with specificity their sources of funding for their contribution of eligible expenses. ( d ) Future revenues from excess capacity as source of health care provider contribution. A consortium applicant that receives support for participant-owned network facilities under § 54.614 may use future revenues from excess capacity as a source for the required health care provider contribution, subject to the following limitations: ( 1 ) The consortium's selection criteria and evaluation for “cost-effectiveness,” pursuant to § 54.622(g)(1) , cannot provide a preference to bidders that offer to construct excess capacity; ( 2 ) The applicant must pay the full amount of the additional costs for excess capacity facilities that will not be part of the supported health care network; ( 3 ) The additional cost of constructing excess capacity facilities may not count toward a health care provider's required contribution; ( 4 ) The inclusion of excess capacity facilities cannot increase the funded cost of the dedicated health care network in any way; ( 5 ) An eligible health care provider (typically the consortium, although it may be an individual health care provider participating in the consortium) must retain ownership of the excess capacity facilities. It may make the facilities available to third parties only under an indefeasible right of use (IRU) or lease arrangement. The lease or IRU between the participant and the third party must be an arm's length transaction. To ensure that this is an arm's length transaction, neither the service provider that installs the excess capacity facilities nor its affiliate is eligible to enter into an IRU or lease with the participant; ( 6 ) Any amount prepaid for use of the excess capacity facilities (IRU or lease) must be placed in an escrow account. The participant can then use the escrow account as an eligible source of funds for the participant's 35 percent contribution to the project; and ( 7 ) All revenues from use of the excess capacity facilities by the third party must be used for the health care provider contribution or for the sustainability of the health care network supported by the Healthcare Connect Fund Program. Network costs that may be funded with any additional revenues that remain will include: Administration costs, equipment, software, legal fees, or other costs not covered by the Healthcare Connect Fund Program, as long as they are relevant to sustaining the network. § 54.612 Eligible services. ( a ) Eligible services. Subject to the provisions of §§ 54.600 through 54.602 and 54.607 through 54.633 , eligible health care providers may request support under the Healthcare Connect Fund Program for any advanced telecommunications or information service that enables health care providers to post their own data, interact with stored data, generate new data, or communicate, by providing connectivity over private dedicated networks or the public internet for the provision of health information technology. ( b ) Eligibility of dark fiber. A consortium of eligible health care providers may receive support for “dark” fiber where the customer, not the service provider, provides the modulating electronics, subject to the following limitations: ( 1 ) Support for recurring charges associated with dark fiber is only available once the dark fiber is “lit” and actually being used by the health care provider. Support for non-recurring charges for dark fiber is only available for fiber lit within the same funding year, but applicants may receive up to a one-year extension to light fiber, consistent with § 54.626(b) , if they provide documentation to the Administrator that construction was unavoidably delayed due to weather or other reasons. ( 2 ) Requests for proposals that solicit dark fiber solutions must also solicit proposals to provide the needed services over lit fiber over a time period comparable to the duration of the dark fiber lease or indefeasible right of use. ( 3 ) If an applicant intends to request support for equipment and maintenance costs associated with lighting and operating dark fiber, it must include such elements in the same request for proposal as the dark fiber so that the Administrator can review all costs associated with the fiber when determining whether the applicant chose the most cost-effective bid. ( c ) Dark and lit fiber maintenance costs. ( 1 ) Both individual and consortium applicants may receive support for recurring maintenance costs associated with leases of dark or lit fiber. ( 2 ) Consortium applicants may receive support for upfront payments for maintenance costs associated with leases of dark or lit fiber, subject to the limitations in § 54.616 . ( d ) Reasonable and customary installation charges. Eligible health care providers may obtain support for reasonable and customary installation charges for eligible services, up to an undiscounted cost of $5,000 per eligible site. ( e ) Upfront charges for service provider deployment of new or upgraded facilities. ( 1 ) Participants may obtain support for upfront charges for service provider deployment of new or upgraded facilities to serve eligible sites. ( 2 ) Support is available to extend service provider deployment of facilities up to the “demarcation point,” which is the boundary between facilities owned or controlled by the service provider, and facilities owned or controlled by the customer. § 54.613 Eligible equipment. ( a ) Both individual and consortium applicants may receive support for network equipment necessary to make functional an eligible service supported under the Healthcare Connect Fund Program. ( b ) Consortium applicants may also receive support for network equipment necessary to manage, control, or maintain an eligible service or a dedicated health care broadband network. Support for network equipment is not available for networks that are not dedicated to health care. ( c ) Network equipment eligible for support includes the following: ( 1 ) Equipment that terminates a carrier's or other provider's transmission facility and any router/switch that is directly connected to either the facility or the terminating equipment. This includes equipment required to light dark fiber, or equipment necessary to connect dedicated health care broadband networks or individual health care providers to middle mile or backbone networks; ( 2 ) Computers, including servers, and related hardware ( e.g., printers, scanners, laptops) that are used exclusively for network management; ( 3 ) Software used for network management, maintenance, or other network operations, and development of software that supports network management, maintenance, and other network operations; ( 4 ) Costs of engineering, furnishing ( i.e., as delivered from the manufacturer), and installing network equipment; and ( 5 ) Equipment that is a necessary part of health care provider-owned network facilities. ( d ) Additional limitations: Support for network equipment is limited to equipment: ( 1 ) Purchased or leased by a Consortium Leader or eligible health care provider; and ( 2 ) Used for health care purposes. § 54.614 Eligible participant-constructed and owned network facilities for consortium applicants. ( a ) Subject to the funding limitations of this subsection and the following restrictions, consortium applicants may receive support for network facilities that will be constructed and owned by the consortium (if the consortium is an eligible health care provider) or eligible health care providers within the consortium. Subject to the funding limitations under §§ 54.616 and 54.619 and the following restrictions, consortium applicants may receive support for network facilities that will be constructed and owned by the consortium (if the consortium is an eligible health care provider) or eligible health care providers within the consortium. ( 1 ) Consortia seeking support to construct and own network facilities are required to solicit bids for both: ( i ) Services provided over third-party networks; and ( ii ) Construction of participant-owned network facilities, in the same request for proposals. Requests for proposals must provide sufficient detail so that cost-effectiveness can be evaluated over the useful life of the proposed network facility to be constructed. ( 2 ) Support for participant-constructed and owned network facilities is only available where the consortium demonstrates that constructing its own network facilities is the most cost-effective option after competitive bidding, pursuant to § 54.622(g)(1) . ( b ) [Reserved] § 54.615 Off-site data centers and off-site administrative offices. ( a ) The connections and network equipment associated with off-site data centers and off-site administrative offices used by eligible health care providers for their health care purposes are eligible for support under the Healthcare Connect Fund Program, subject to the conditions and restrictions set forth in paragraph (b) in this section. ( b ) Conditions and restrictions. The following conditions and restrictions apply to support provided under this section. ( 1 ) Connections eligible for support are only those that are between: ( i ) Eligible health care provider sites and off-site data centers or off-site administrative offices; ( ii ) Two off-site data centers; ( iii ) Two off-site administrative offices; ( iv ) An off-site data center and the public internet or another network; ( v ) An off-site administrative office and the public internet or another network; or ( vi ) An off-site administrative office and an off-site data center. ( 2 ) The supported connections and network equipment must be used solely for health care purposes. ( 3 ) The supported connections and network equipment must be purchased by an eligible health care provider or a public or non-profit health care system that owns and operates eligible health care provider sites. ( 4 ) If traffic associated with one or more ineligible health care provider sites is carried by the supported connection and/or network equipment, the ineligible health care provider sites must allocate the cost of that connection and/or equipment between eligible and ineligible sites, consistent with the “fair share” principles set forth in § 54.617(d)(1) . § 54.616 Upfront payments. ( a ) Upfront payments include all non-recurring costs for services, equipment, or facilities, other than reasonable and customary installation charges of up to $5,000. ( b ) The following limitations apply to all upfront payments: ( 1 ) Upfront payments associated with services providing a bandwidth of less than 1.5 Mbps (symmetrical) are not eligible for support; and ( 2 ) Only consortium applicants are eligible for support for upfront payments. ( c ) The following limitations apply if a consortium makes a request for support for upfront payments that exceeds, on average, $50,000 per eligible site in the consortium: ( 1 ) The support for the upfront payments must be prorated over at least three years; and ( 2 ) The upfront payments must be part of a multi-year contract. § 54.617 Ineligible expenses. ( a ) Equipment or services not directly associated with eligible services. Expenses associated with equipment or services that are not necessary to make an eligible service functional, or to manage, control, or maintain an eligible service or a dedicated health care broadband network are ineligible for support. For purposes of paragraph (a) of this section, examples of ineligible expenses include: ( 1 ) Costs associated with general computing, software, applications, and internet content development are not supported, including the following: ( i ) Computers, including servers, and related hardware ( e.g., printers, scanners, laptops), unless used exclusively for network management, maintenance, or other network operations; ( ii ) End user wireless devices, such as smartphones and tablets; ( iii ) Software, unless used for network management, maintenance, or other network operations; ( iv ) Software development (excluding development of software that supports network management, maintenance, and other network operations); ( v ) Helpdesk equipment and related software, or services, unless used exclusively in support of eligible services or equipment; ( vi ) Web server hosting; ( vii ) website portal development; ( viii ) Video/audio/web conferencing equipment or services; and ( ix ) Continuous power source. ( 2 ) Costs associated with medical equipment (hardware and software), and other general health care provider expenses are not supported, including the following: ( i ) Clinical or medical equipment; ( ii ) Telemedicine equipment, applications, and software; ( iii ) Training for use of telemedicine equipment; ( iv ) Electronic medical records systems; and ( v ) Electronic records management and expenses. ( b ) Inside wiring/internal connections. Expenses associated with inside wiring or internal connections are ineligible for support under the Healthcare Connect Fund Program. ( c ) Administrative expenses. Administrative expenses are not eligible for support under the Healthcare Connect Fund Program. For purposes of paragraph (c) of this section, ineligible administrative expenses include, but are not limited to, the following expenses: ( 1 ) Personnel costs (including salaries and fringe benefits), except for personnel expenses in a consortium application that directly relate to designing, engineering, installing, constructing, and managing a dedicated broadband network. Ineligible costs of this category include, for example, personnel to perform program management and coordination, program administration, and marketing; ( 2 ) Travel costs, except for travel costs that are reasonable and necessary for network design or deployment and that are specifically identified and justified as part of a competitive bid for a construction project; ( 3 ) Legal costs; ( 4 ) Training, except for basic training or instruction directly related to and required for broadband network installation and associated network operations; ( 5 ) Program administration or technical coordination ( e.g., preparing application materials, obtaining letters of agency, preparing requests for proposals, negotiating with service providers, reviewing bids, and working with the Administrator) that involves anything other than the design, engineering, operations, installation, or construction of the network; ( 6 ) Administration and marketing costs ( e.g., administrative costs; supplies and materials, except as part of network installation/construction; marketing studies, marketing activities, or outreach to potential network members; and evaluation and feedback studies); ( 7 ) Billing expenses ( e.g., expenses that service providers may charge for allocating costs to each health care provider in a network); ( 8 ) Helpdesk expenses ( e.g., equipment and related software, or services); and ( 9 ) Technical support services that provide more than basic maintenance. ( d ) Cost allocation for ineligible sites, services, or equipment. ( 1 ) Ineligible sites. Eligible health care provider sites may share expenses with ineligible sites, as long as the ineligible sites pay their fair share of the expenses. An applicant may seek support for only the portion of a shared eligible expense attributable to eligible health care provider sites. To receive support, the applicant must ensure that ineligible sites pay their fair share of the expense. The fair share is determined as follows: ( i ) If the service provider charges a separate and independent price for each site, an ineligible site must pay the full undiscounted price. ( ii ) If there is no separate and independent price for each site, the applicant must prorate the undiscounted price for the “shared” service, equipment, or facility between eligible and ineligible sites on a proportional fully-distributed basis. Applicants must make this cost allocation using a method that is based on objective criteria and reasonably reflects the eligible usage of the shared service, equipment, or facility. The applicant bears the burden of demonstrating the reasonableness of the allocation method chosen. ( 2 ) Ineligible components of a single service or piece of equipment. Applicants seeking support for a service or piece of equipment that includes an ineligible component must explicitly request in their requests for proposals that service providers include pricing for a comparable service or piece of equipment that is comprised of only eligible components. If the selected service provider also submits a price for the eligible component on a stand-alone basis, the support amount is calculated based on the stand-alone price of the eligible component. If the service provider does not offer the eligible component on a stand-alone basis, the full price of the entire service or piece of equipment must be taken into account, without regard to the value of the ineligible components, when determining the most cost-effective bid. ( 3 ) Written description. Applicants must submit a written description of their allocation method(s) to the Administrator with their funding requests. ( 4 ) Written agreement. If ineligible entities participate in a network, the allocation method must be memorialized in writing, such as a formal agreement among network members, a master services contract, or for smaller consortia, a letter signed and dated by all (or each) ineligible entity and the Consortium Leader. § 54.618 Data collection and reporting. ( a ) Each applicant must file an annual report with the Administrator on or before September 30 for the preceding funding year, with the information and in the form specified by the Wireline Competition Bureau. ( b ) Each applicant must file an annual report for each funding year in which it receives support from the Healthcare Connect Fund Program. ( c ) For consortia that receive large upfront payments, the reporting requirement extends for the life of the supported facility. General Provisions § 54.619 Cap. ( a ) Amount of the annual cap. The aggregate annual cap on Federal universal service support for health care providers shall be $571 million per funding year. When total demand during a filing window period exceeds the total remaining support available for the funding year, an internal cap of $150 million per funding year for upfront payments and multi-year commitments under the Healthcare Connect Fund Program shall apply. ( 1 ) Inflation increase. In funding year 2018 and subsequent funding years, the $571 million cap on federal universal support in the Rural Health Care Program shall be increased annually to take into account increases in the rate of inflation as calculated in paragraph (a)(2) in this section. In funding year 2020 and subsequent funding years, the $150 million cap on multi-year commitments and upfront payments in the Healthcare Connect Fund Program shall also be increased annually to take into account increases in the rate of inflation as calculated in paragraph (a)(2) in this section. ( 2 ) Increase calculation. To measure increases in the rate of inflation for the purposes of paragraph (a)(1) in this section, the Commission shall use the Gross Domestic Product Chain-type Price Index (GDP-CPI). To compute the annual increase as required by paragraph (a)(1) in this section, the percentage increase in the GDP-CPI from the previous year will be used. For instance, the annual increase in the GDP-CPI from 2017 to 2018 would be used for the 2018 funding year. The increase shall be rounded to the nearest 0.1 percent by rounding 0.05 percent and above to the next higher 0.1 percent. This percentage increase shall be added to the amount of the annual Rural Health Care Program funding cap and the internal cap on multi-year commitments and upfront payments in the Healthcare Connect Fund Program from the previous funding year. If the yearly average GDP-CPI decreases or stays the same, the annual Rural Health Care Program funding cap and the internal cap on multi-year commitments and upfront payments in the Healthcare Connect Fund Program shall remain the same as the previous year. ( 3 ) Public notice. After calculating the annual Rural Health Care Program funding cap and the internal cap on multi-year commitments and upfront payments in the Healthcare Connect Fund Program based on the GDP-CPI, the Wireline Competition Bureau shall publish a public notice in the Federal Register within 60 days announcing any increase of the annual funding cap based on the rate of inflation. ( 4 ) Amount of unused funds. All unused collected funds shall be carried forward into subsequent funding years for use in the Rural Health Care Program in accordance with the public interest and notwithstanding the annual cap. The Administrator, on a quarterly basis, shall report to the Commission on unused Rural Health Care Program funding from prior years. ( 5 ) Application of unused funds. On an annual basis, in the second quarter of each calendar year, all unused collected funds from prior years shall be available for use in the next full funding year of the Rural Health Care Program notwithstanding the annual cap as described in paragraph (a) in this section. The Wireline Competition Bureau, in consultation with the Office of the Managing Director, shall determine the proportion of unused funding for use in the Rural Health Care Program in accordance with the public interest to either satisfy demand notwithstanding the annual cap, reduce collections for the Rural Health Care Program, or to hold in reserve to address contingencies for subsequent funding years. The Wireline Competition Bureau shall direct the Administrator to carry out the necessary actions for the use of available funds consistent with the direction specified in this section. ( b ) [Reserved] [ 84 FR 54979 , Oct. 11, 2019, as amended at 88 FR 17396 , Mar. 23, 2023] § 54.620 Annual filing requirements and commitments. ( a ) Annual filing requirement. Health care providers seeking support under the RHC Program shall file new funding requests for each funding year consistent with the filing periods established under this subpart, except for health care providers who have received a multi-year funding commitment in this section. ( b ) Long-term contracts. If health care providers enter into long-term contracts for eligible services, the Administrator shall only commit funds to cover the portion of such a long-term contract scheduled to be delivered during the funding year for which universal service support is sought, except for multi-year funding commitments as described in this section. ( c ) Multi-year commitments under the Healthcare Connect Fund Program. Participants in the Healthcare Connect Fund Program are permitted to enter into multi-year contracts for eligible expenses and may receive funding commitments from the Administrator for a period that covers up to three years of funding. If a long-term contract covers a period of more than three years, the applicant may also have the contract designated as “evergreen” under § 54.622(i)(3) , which will allow the applicant to re-apply for funding under the contract after three years without having to undergo additional competitive bidding. § 54.621 Filing window for requests and prioritization of support. ( a ) Filing window for requests. ( 1 ) The Administrator shall open an initial application filing window with an end date no later than 90 days prior to the start of the funding year ( i.e., no later than April 1). Prior to announcing the initial opening and closing dates, the Administrator shall seek the approval of the proposed dates from the Chief of the Wireline Competition Bureau. ( 2 ) The Administrator, after consultation with the Wireline Competition Bureau, may implement such additional filing periods as it deems necessary. To the extent that the Administrator opens an additional filing period, it shall provide notice and include in that notice or soon thereafter the amount of remaining available funding. ( 3 ) The Administrator shall treat all health care providers filing an application within a filing window period as if their applications were simultaneously received. All funding requests submitted outside of a filing window will not be accepted unless and until the Administrator opens another filing window. ( b ) Prioritization of support. The Administrator shall act in accordance with this section when a filing window period for the Telecommunications Program and the Healthcare Connect Fund Program, as described in paragraph (a) of this section, is in effect. When a filing period described in paragraph (a) of this section closes, the Administrator shall calculate the total demand for Telecommunications Program and Healthcare Connect Fund Program support submitted by all applicants during the filing window period. ( 1 ) Circumstances in which prioritization applies. If the total demand during the filing window period exceeds the total remaining support available for the funding year, prioritization will apply in the following circumstances: ( i ) Internal cap. If the internal cap is exceeded, the Administrator shall determine whether demand for upfront payments and the first year of multi-year commitments exceeds the internal cap. If such demand exceeds the internal cap, the Administrator shall not fund the second and third year of multi-year commitment requests and then apply the prioritization schedule in paragraph (b)(2) of this section to all eligible requests for upfront payments and the first-year of multi-year commitments to limit the demand for upfront payments and the first year of multi-year commitments within the internal cap. If demand for upfront payments and the first year of multi-year commitments does not exceed the internal cap, the Administrator shall apply the prioritization schedule in paragraph (b)(2) of this section to the second and third year of all eligible requests for multi-year commitments until the internal cap is reached, to ensure that the internal cap is not exceeded. ( ii ) Overall cap. If the internal cap is not exceeded or if, after demand for upfront payments and multi-year commitments is limited within the internal cap in paragraph (b)(1)(i) of this section, the total remaining demand still exceeds the total remaining support available for the funding year, the Administrator shall apply the prioritization schedule in paragraph (b)(2) of this section to all remaining eligible funding requests. ( 2 ) Application of prioritization schedule. When prioritization is necessary under paragraph (b)(1) of this section, the Administrator shall fully fund all applicable eligible requests falling under the first prioritization category of table 1 to this paragraph (b)(2) before funding requests in the next lower prioritization category. The Administrator shall continue to process all applicable requests by prioritization category until there are no applicable funds remaining. If there is insufficient funding to fully fund all requests in a particular prioritization category, then the Administrator will pro-rate the applicable remaining funding among all applicable eligible requests in that prioritization category only pursuant to the proration process described in paragraph (b)(3) of this section. Table 1 to Paragraph ( b )(2)—Prioritization Schedule Health care provider site is located in: In a medically underserved area/ population (MUA/P) Not in MUA/P Extremely Rural Tier (areas entirely outside of a Core Based Statistical Area) Priority 1 Priority 4. Rural Tier (areas within a Core Based Statistical Area that does not have an urban area or urban cluster with a population equal to or greater than 25,000) Priority 2 Priority 5. Less Rural Tier (areas within a Core Based Statistical Area with an urban area or urban cluster with a population equal to or greater than 25,000, but where the census tract does not contain any part of an urban area or urban cluster with population equal to or greater than 25,000) Priority 3 Priority 6. Non-Rural Tier (all other non-rural areas) Priority 7 Priority 8. ( 3 ) Pro-rata reductions. When proration is necessary under paragraph (b)(2) of this section, the Administrator shall take the following steps: ( i ) The Administrator shall divide the total applicable remaining funds available for the funding year by the applicable demand within the specific prioritization category to produce a pro-rata factor; and ( ii ) The Administrator shall multiply the pro-rata factor by the dollar amount of each applicable funding request in the prioritization category to obtain prorated support for each funding request. ( 4 ) Evergreen designations. The Administrator shall designate the underlying contracts associated with any multi-year commitment requests that are not fully funded as a result of the prioritization process in this section as “evergreen” provided that those contracts meet the requirements under § 54.622(i)(3)(ii) . [ 84 FR 54979 , Oct. 11, 2019, as amended at 88 FR 17396 , Mar. 23, 2023] § 54.622 Competitive bidding requirements and exemptions. Cross Reference Link to an amendment published at 89 FR 1846 , Jan. 11, 2024. ( a ) Competitive bidding requirement. All applicants are required to engage in a competitive bidding process for supported services, facilities, or equipment, as applicable, consistent with the requirements set forth in this section and any additional applicable state, Tribal, local, or other procurement requirements, unless they qualify for an exemption listed in paragraph (i) in this section. In addition, applicants may engage in competitive bidding even if they qualify for an exemption. Applicants who utilize a competitive bidding exemption may proceed directly to filing a funding request as described in § 54.623 . ( b ) Fair and open process. ( 1 ) Applicants participating in the Telecommunications Program or Healthcare Connect Fund Program must conduct a fair and open competitive bidding process. The following actions are necessary to satisfy the “fair and open” competitive standard in the Telecommunications Program and the Healthcare Connect Fund Program: ( i ) All potential bidders and service providers must have access to the same information and must be treated in the same manner throughout the procurement process. ( ii ) Service providers who intend to bid on supported services many not simultaneously help the applicant complete its request for proposal (RFP) or Request for Services form. ( iii ) Service providers who have submitted a bid to provide supported services, equipment, or facilities to a health care provider may not simultaneously help the health care provider evaluate submitted bids or choose a winning bid. ( iv ) Applicants must respond to all service providers that have submitted questions or proposals during the competitive bidding process. ( v ) All applicants and service providers must comply with any applicable state, Tribal, or local procurement laws, in addition to the Commission's competitive bidding requirements. The competitive bidding requirements in this section are not intended to preempt such state, Tribal, or local requirements. ( c ) Selecting a cost-effective service. In selecting a provider of eligible services, the applicant shall carefully consider all bids submitted and must select the most cost-effective means of meeting its specific health care needs. “Cost-effective” is defined as the method that costs the least after consideration of the features, quality of transmission, reliability, and other factors that the health care provider deems relevant to choosing a method of providing the required health care services. In the Healthcare Connect Fund Program, when choosing the most “cost-effective” bid, price must be a primary factor, but need not be the only primary factor. A non-price factor may receive an equal weight to price, but may not receive a greater weight than price. ( d ) Bid evaluation criteria. Applicants must develop weighted evaluation criteria ( e.g., a scoring matrix) that demonstrates how the applicant will choose the most cost-effective bid before submitting its request for services. The applicant must specify on its bid evaluation worksheet and/or scoring matrix the requested services for which it seeks bids, the information provided to bidders to allow bidders to reasonably determine the needs of the applicant, its minimum requirements for the developed weighted evaluation criteria, and each service provider's proposed service levels for the criteria. The applicant must also specify the disqualification factors, if any, that it will use to remove bids or bidders from further consideration. After reviewing the bid submissions and identifying the bids that satisfy the applicant's specific needs, the applicant must then select the service provider that offers the most cost-effective service. ( e ) Request for Services. Applicants must submit the following documents to the Administrator in order to initiate competitive bidding: ( 1 ) Request for Services, including certifications. The applicant must submit a Request for Services and make the following certifications as part of its Request for Services: ( i ) The health care provider seeking supported services is a public or nonprofit entity that falls within one of the categories set forth in the definition of health care provider, listed in § 54.600 ; ( ii ) The health care provider seeking supported services is physically located in a rural area as defined in § 54.600 , or is a member of a Healthcare Connect Fund Program consortium which satisfies the rural health care provider composition requirements set forth in § 54.607(b) ; ( iii ) The person signing the application is authorized to submit the application on behalf of the health care provider or consortium applicant; ( iv ) The person signing the application has examined the Request for Services and all attachments, and to the best of his or her knowledge, information, and belief, all statements contained in the request are true; ( v ) The applicant has complied with any applicable state, Tribal, or local procurement rules; ( vi ) All requested Rural Health Care Program support will be used solely for purposes reasonably related to the provision of health care service or instruction that the health care provider is legally authorized to provide under the law of the state in which the services are provided; ( vii ) The supported services will not be sold, resold, or transferred in consideration for money or any other thing of value; ( viii ) The applicant satisfies all of the requirements under section 254 of the Act and applicable Commission rules; and ( ix ) The applicant has reviewed all applicable requirements for the Telecommunications Program or the Healthcare Connect Fund Program, as applicable, and will comply with those requirements. ( 2 ) Aggregated purchase details. If the service or services are being purchased as part of an aggregated purchase with other entities or individuals, the full details of any such arrangement, including the identities of all co-purchasers and the portion of the service or services being purchased by the health care provider, must be submitted. ( 3 ) Bid evaluation criteria. Requirements for bid evaluation criteria are described in paragraph (d) in this section and must be included with the applicant's Request for Services. ( 4 ) Declaration of Assistance. All applicants must submit a “Declaration of Assistance” with their Request for Services. In the Declaration of Assistance, the applicant must identify each and every consultant, service provider, and other outside expert, whether paid or unpaid, who aided in the preparation of its applications. The applicant must also describe the nature of the relationship it has with each consultant, service provider, or other outside expert providing such assistance. ( 5 ) Request for proposal (if applicable). ( i ) Any applicant may use an RFP. Applicants who use an RFP must submit the RFP and any additional relevant bidding information to the Administrator with its Request for Services. ( ii ) An applicant must submit an RFP: ( A ) If it is required to issue an RFP under applicable State, Tribal, or local procurement rules or regulations; ( B ) If the applicant is a consortium seeking more than $100,000 in program support during the funding year, including applications that seek more than $100,000 in program support for a multi-year commitment; or ( C ) If the applicant is a consortium seeking support for participant-constructed and owned network facilities. ( iii ) RFP requirements. ( A ) An RFP must provide sufficient information to enable an effective competitive bidding process, including describing the health care provider's service needs and defining the scope of the project and network costs (if applicable). ( B ) An RFP must specify the time period during which bids will be accepted. ( C ) An RFP must include the bid evaluation criteria described in paragraph (d) in this section, and solicit sufficient information so that the criteria can be applied effectively. ( D ) Consortium applicants seeking support for long-term capital investments whose useful life extends beyond the time period of the funding commitment ( e.g., facilities constructed and owned by the applicant, fiber indefeasible rights of use) must seek bids in the same RFP from service providers who propose to meet those needs via services provided over service provider-owned facilities, for a time period comparable to the life of the proposed capital investment. ( E ) Applicants may prepare RFPs in any manner that complies with the rules in this subpart and any applicable state, Tribal, or local procurement rules or regulations. ( 6 ) Additional requirements for Healthcare Connect Fund Program consortium applicants. ( i ) Network plan. Consortium applicants must submit a narrative describing specific elements of their network plan with their Request for Services. Consortia applicants are required to use program support for the purposes described in their narrative. The required elements of the narrative include: ( A ) Goals and objectives of the network; ( B ) Strategy for aggregating the specific needs of health care providers (including providers that serve rural areas) within a state or region; ( C ) Strategy for leveraging existing technology to adopt the most efficient and cost-effective means of connecting those providers; ( D ) How the supported network will be used to improve or provide health care delivery; ( E ) Any previous experience in developing and managing health information technology (including telemedicine) programs; and ( F ) A project management plan outlining the project's leadership and management structure, and a work plan, schedule, and budget. ( ii ) Letters of agency (LOA). Consortium applicants must submit LOAs pursuant to § 54.610 . ( f ) Public posting by the Administrator. The Administrator shall post on its website the following competitive bidding documents, as applicable: ( 1 ) Request for Services; ( 2 ) Bid evaluation criteria; ( 3 ) RFP; and ( 4 ) Network plans for Healthcare Connect Fund Program applicants. ( g ) 28-day waiting period. After posting the documents described in paragraph (f) in this section, as applicable, on its website, the Administrator shall send confirmation of the posting to the applicant. The applicant shall wait at least 28 days from the date on which its competitive bidding documents are posted on the Administrator's website before selecting and committing to a service provider. The confirmation from the Administrator shall include the date after which the applicant may sign a contract with its chosen service provider(s). ( 1 ) Selection of the most “cost-effective” bid and contract negotiation. Each applicant is required to certify to the Administrator that the selected bid is, to the best of the applicant's knowledge, the most cost-effective option available. Applicants are required to submit the documentation, identified in § 54.623 , to support their certifications. ( 2 ) Applicants who plan to request evergreen status under this section must enter into a contract that identifies both parties, is signed and dated by the health care provider or Consortium Leader after the 28-day waiting period expires, and specifies the type, term, and cost of service(s). ( h ) Gift restrictions. ( 1 ) Subject to paragraphs (h)(3) and (4) in this section, an eligible health care provider or consortium that includes eligible health care providers, may not directly or indirectly solicit or accept any gift, gratuity, favor, entertainment, loan, or any other thing of value from a service provider participating in or seeking to participate in the Rural Health Care Program. No such service provider shall offer or provide any such gift, gratuity, favor, entertainment, loan, or other thing of value except as otherwise provided in this section. Modest refreshments not offered as part of a meal, items with little intrinsic value intended solely for presentation, and items worth $20 or less, including meals, may be offered or provided, and accepted by any individual or entity subject to this rule, if the value of these items received by any individual does not exceed $50 from any one service provider per funding year. The $50 amount for any service provider shall be calculated as the aggregate value of all gifts provided during a funding year by the individuals specified in paragraph (h)(2)(ii) in this section. ( 2 ) For purposes of this paragraph: ( i ) The terms “health care provider” or “consortium” shall include all individuals who are on the governing boards of such entities and all employees, officers, representatives, agents, consultants, or independent contractors of such entities involved on behalf of such health care provider or consortium with the Rural Health Care Program, including individuals who prepare, approve, sign, or submit Rural Health Care Program applications, or other forms related to the Rural Health Care Program, or who prepare bids, communicate, or work with Rural Health Care Program service providers, consultants, or with the Administrator, as well as any staff of such entities responsible for monitoring compliance with the Rural Health Care Program; and ( ii ) The term “service provider” includes all individuals who are on the governing boards of such an entity (such as members of the board of directors), and all employees, officers, representatives, agents, consultants, or independent contractors of such entities. ( 3 ) The restrictions set forth in this paragraph shall not be applicable to the provision of any gift, gratuity, favor, entertainment, loan, or any other thing of value, to the extent given to a family member or a friend working for an eligible health care provider or consortium that includes eligible health care providers, provided that such transactions: ( i ) Are motivated solely by a personal relationship; ( ii ) Are not rooted in any service provider business activities or any other business relationship with any such eligible health care provider; and ( iii ) Are provided using only the donor's personal funds that will not be reimbursed through any employment or business relationship. ( 4 ) Any service provider may make charitable donations to an eligible health care provider or consortium that includes eligible health care providers in the support of its programs as long as such contributions are not directly or indirectly related to the Rural Health Care Program procurement activities or decisions and are not given by service providers to circumvent competitive bidding and other Rural Health Care Program rules, including those in § 54.611(a) , requiring health care providers under the Healthcare Connect Fund Program to contribute 35 percent of the total cost of all eligible expenses. ( i ) Exemptions to the competitive bidding requirements — ( 1 ) Government Master Service Agreement (MSA). Eligible health care providers that seek support for services and equipment purchased from MSAs negotiated by federal, state, Tribal, or local government entities on behalf of such health care providers and others, if such MSAs were awarded pursuant to applicable federal, state, Tribal, or local competitive bidding requirements, are exempt from the competitive bidding requirements under this section. ( 2 ) Master Service Agreements approved under the Rural Health Care Pilot Program or Healthcare Connect Fund Program. An eligible health care provider site may opt into an existing MSA approved under the Rural Health Care Pilot Program or Healthcare Connect Fund Program and seek support for services and equipment purchased from the MSA without triggering the competitive bidding requirements under this section, if the MSA was developed and negotiated in response to an RFP that specifically solicited proposals that included a mechanism for adding additional sites to the MSA. ( 3 ) Evergreen contracts. ( i ) The Administrator may designate a multi-year contract as “evergreen,” which means that the service(s) covered by the contract need not be re-bid during the contract term. ( ii ) A contract entered into by a health care provider or consortium as a result of competitive bidding may be designated as evergreen if it meets all of the following requirements: ( A ) Is signed by the individual health care provider or consortium lead entity; ( B ) Specifies the service type, bandwidth, and quantity; ( C ) Specifies the term of the contract; ( D ) Specifies the cost of services to be provided; and ( E ) Includes the physical location or other identifying information of the health care provider sites purchasing from the contract. ( iii ) Participants may exercise voluntary options to extend an evergreen contract without undergoing additional competitive bidding if: ( A ) The voluntary extension(s) is memorialized in the evergreen contract; ( B ) The decision to extend the contract occurs before the participant files its funding request for the funding year when the contract would otherwise expire; and ( C ) The voluntary extension(s) do not exceed five years in the aggregate. ( 4 ) Schools and libraries program master contracts. Subject to the provisions in § 54.500 , § 54.501(c)(1) , and § 54.503 , an eligible health care provider in a consortium with participants in the schools and libraries universal service support program and a party to the consortium's existing contract is exempt from the competitive bidding requirements if the contract was approved in the schools and libraries universal service support program as a master contract. The health care provider must comply with all Rural Health Care Program rules and procedures except for those applicable to competitive bidding. ( 5 ) Annual undiscounted cost of $10,000 or less. An applicant under the Healthcare Connect Fund Program that seeks support for $10,000 or less of total undiscounted eligible expenses for a single year is exempt from the competitive bidding requirements under this section, if the term of the contract is one year or less. This exemption does not apply to applicants under the Telecommunications Program. [ 84 FR 54979 , Oct. 11, 2019, as amended at 88 FR 17396 , Mar. 23, 2023] Effective Date Note Effective Date Note: At 89 FR 1846 , Jan. 11 2024, § 54.622 was amended by revising paragraphs (e)(1)(i) and (ii) and adding paragraph (i)(3)(iv), these amendments were delayed indefinitely. § 54.623 Funding requests. ( a ) Once a service provider is selected, applicants must submit a Request for Funding (and supporting documentation) to provide information about the services, equipment, or facilities selected; rates, service provider(s); and date(s) of service provider selection, as applicable. ( 1 ) Certifications. The applicant must provide the following certifications as part of its Request for Funding: ( i ) The person signing the application is authorized to submit the application on behalf of the health care provider or consortium. ( ii ) The applicant has examined the form and all attachments, and to the best of his or her knowledge, information, and belief, all statements of fact contained in this section are true. ( iii ) The health care provider or consortium has considered all bids received and selected the most cost-effective method of providing the requested services. ( iv ) All Rural Health Care Program support will be used only for eligible health care purposes. ( v ) The health care provider or consortium is not requesting support for the same service from both the Telecommunications Program and the Healthcare Connect Fund Program. ( vi ) The health care provider or consortium and/or its consultant, if applicable, has not solicited or accepted a gift or any other thing of value from a service provider participating in or seeking to participate in the Rural Health Care Program. ( vii ) The applicant satisfies all of the requirements under section 254 of the Act and applicable Commission rules and understands that any letter from the Administrator that erroneously commits funds for the benefit of the applicant may be subject to rescission. ( viii ) The applicant has reviewed all applicable rules and requirements for the Rural Health Care Program and will comply with those rules and requirements. ( ix ) The applicant will retain all documentation associated with the applications, including all bids, contracts, scoring matrices, and other information associated with the competitive bidding process, and all billing records for services received, for a period of at least five years. ( x ) The consultants or third parties hired by the applicant do not have an ownership interest, sales commission arrangement, or other financial stake in the service provider chosen to provide the requested services, and that they have otherwise complied with the Rural Health Care Program rules, including the Commission's rules requiring a fair and open competitive bidding process. ( xi ) Additional certification for the Telecom Program. Telecom Program applicants must certify that the rural rate on their Request for Funding does not exceed the appropriate rural rate determined by the Administrator. ( 2 ) Contracts or other documentation. All applicants must submit a contract or other documentation, as applicable, that clearly identifies the service provider(s) selected and the health care provider(s) who will receive the services; costs for which support is being requested; and the term of the service agreement(s) if applicable ( i.e., if services are not being provided on a month-to-month basis). For services provided under contract, the applicant must submit a copy of the contract signed and dated (after the Allowable Contract Selection Date) by the individual health care provider or Consortium Leader. If the services are not being provided under contract, the applicant must submit a bill, service offer, letter, or similar document from the service provider that provides the required information. ( 3 ) Competitive bidding documents. Applicants must submit documentation to support their certifications that they have selected the most cost-effective option, including a copy of each bid received (winning, losing, and disqualified), the bid evaluation criteria, and the following documents (as applicable): Completed bid evaluation worksheets or matrices; explanation for any disqualified bids; a list of people who evaluated bids (along with their title/role/relationship to the applicant organization); memos, board minutes, or similar documents related to the service provider selection/award; copies of notices to winners; and any correspondence with service providers prior to and during the bidding, evaluation, and award phase of the process. Applicants who claim a competitive bidding exemption must submit relevant documentation to allow the Administrator to verify that the applicant is eligible for the claimed exemption. ( 4 ) Cost allocation for ineligible entities or components. Where applicable, applicants must submit a description of how costs will be allocated for ineligible entities or components, as well as any agreements that memorialize such arrangements with ineligible entities. ( 5 ) Additional documentation for Healthcare Connect Fund Program consortium applicants. A consortium applicant must also submit the following: ( i ) Any revisions to the network plan submitted with the Request for Services pursuant to § 54.622 , as necessary. If not previously submitted, the consortium should provide a narrative description of how the network will be managed, including all administrative aspects of the network, including, but not limited to, invoicing, contractual matters, and network operations. If the consortium is required to provide a sustainability plan as set forth in the following, the revised budget should include the budgetary factors discussed in the sustainability plan requirements. ( ii ) A list of each participating health care provider and all of their relevant information, including eligible (and ineligible, if applicable) cost information. ( iii ) Evidence of a viable source for the undiscounted portion of supported costs. ( iv ) Sustainability plans for applicants requesting support for long-term capital expenses: Consortia that seek funding to construct and own their own facilities or obtain indefeasible right of use or capital lease interests are required to submit a sustainability plan with their funding requests demonstrating how they intend to maintain and operate the facilities that are supported over the relevant time period. Applicants may include by reference other portions of their applications ( e.g., project management plan, budget). The sustainability plan must, at a minimum, address the following points: ( A ) Projected sustainability period. Indicate the sustainability period, which at a minimum is equal to the useful life of the funded facility. The consortium's budget must show projected income and expenses ( i.e., for maintenance) for the project at the aggregate level, for the sustainability period. ( B ) Principal factors. Discuss each of the principal factors that were considered by the participant to demonstrate sustainability. This discussion must include all factors that show that the proposed network will be sustainable for the entire sustainability period. Any factor that will have a monetary impact on the network must be reflected in the applicant's budget. ( C ) Terms of membership in the network. Describe generally any agreements made (or to be entered into) by network members ( e.g., participation agreements, memoranda of understanding, usage agreements, or other similar agreements). The sustainability plan must also describe, as applicable: ( 1 ) Financial and time commitments made by proposed members of the network; ( 2 ) If the project includes excess bandwidth for growth of the network, describe how such excess bandwidth will be financed; and ( 3 ) If the network will include ineligible health care providers and other network members, describe how fees for joining and using the network will be assessed. ( D ) Ownership structure. Explain who will own each material element of the network ( e.g., fiber constructed, network equipment, end user equipment). For purposes of this subsection, “ownership” includes an indefeasible right of use interest. Applicants must clearly identify the legal entity that will own each material element. Applicants must also describe any arrangements made to ensure continued use of such elements by the network members for the duration of the sustainability period. ( E ) Sources of future support. Describe other sources of future funding, including fees to be paid by eligible health care providers and/or non-eligible entities. ( F ) Management. Describe the management structure of the network for the duration of the sustainability period. The applicant's budget must describe how management costs will be funded. ( v ) Material change to sustainability plan. A consortium that is required to file a sustainability plan must maintain its accuracy. If there is a material change to a required sustainability plan that would impact projected income or expenses by more than 20 percent or $100,000 from the previous submission, or if the applicant submits a funding request based on a new Request for Funding ( i.e., a new competitively bid contract), the consortium is required to re-file its sustainability plan. In the event of a material change, the applicant must provide the Administrator with the revised sustainability plan no later than the end of the relevant quarter, clearly showing ( i.e., by redlining or highlighting) what has changed. § 54.624 Site and service substitutions. ( a ) Health care providers or Consortium Leaders may request a site or service substitution if: ( 1 ) The substitution is provided for in the contract, within the change clause, or constitutes a minor modification; ( 2 ) The site is an eligible health care provider and the service is an eligible service under the Telecommunications Program or the Healthcare Connect Fund Program; ( 3 ) The substitution does not violate any contract provision or state, Tribal, or local procurement laws; and ( 4 ) The requested change is within the scope of the controlling Request for Services, including any applicable RFP used in the competitive bidding process. (b) Filing deadline. An applicant must file their request for a site or service change to the Administrator no later than the service delivery deadline as defined in § 54.626 . Effective Date Note Effective Date Note: At 84 FR 54979 , Oct. 11, 2019, § 54.624 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 54.625 Service Provider Identification Number (SPIN) changes. ( a ) Corrective SPIN change. A “corrective SPIN change” is any amendment to the SPIN associated with a Funding Request Number that does not involve a change to the service provider associated with that Funding Request Number. An applicant under the Telecommunications Program or the Healthcare Connect Fund Program may file a request for a corrective SPIN change with the Administrator to: ( 1 ) Correct ministerial errors; ( 2 ) Update the service provider's SPIN that resulted from a merger or acquisition of companies; or ( 3 ) Effectuate a change to the SPIN that does not involve a change to the service provider of a funding request and was not initiated by the applicant. ( b ) Operational SPIN Change. An “operational SPIN change” is any change to the service provider associated with a Funding Request Number. An applicant under the Telecommunications Program or the Healthcare Connect Fund Program may file a request for an operational SPIN change with the Administrator if: ( 1 ) The applicant has a legitimate reason to change providers ( e.g., breach of contract or the service provider is unable to perform); and ( 2 ) The applicant's newly selected service provider received the next highest point value in the original bid evaluation, assuming there were multiple bidders. ( c ) Filing deadline. An applicant must file its request for a corrective or operational SPIN change with the Administrator no later than the invoice filing deadline as defined by § 54.627 . [ 84 FR 54979 , Oct. 11, 2019, as amended at 89 FR 1846 , Jan. 11, 2024] § 54.626 Service delivery deadline and extension requests. ( a ) Service delivery deadline. Except as provided in the following, applicants must use all recurring and non-recurring services for which Telecommunications Program and Healthcare Connect Fund Program funding has been approved by June 30 of the funding year for which the program support was sought. The Administrator will deem ineligible for Telecommunications Program and Healthcare Connect Fund Program support all charges incurred for services delivered before or after the close of the funding year. ( b ) Deadline extension for non-recurring services. An applicant may request and receive from the Administrator a one-year extension of the implementation deadline for non-recurring services if it satisfies one of the following criteria: ( 1 ) Applicants whose funding commitment letters are issued by the Administrator on or after March 1 of the funding year for which discounts are authorized; ( 2 ) Applicants that receive service provider change authorizations or site and service authorizations from the Administrator on or after March 1 of the funding year for which discounts are authorized; Note 1 to paragraphs (b)(1) and (b)(2): The Administrator shall automatically extend the service delivery deadline for applicants who satisfy paragraphs (b)(1) or (2) in this section. When calculating the extended deadline, March 1 is the key date for determining whether to extend the service delivery deadline. If one of the conditions listed in paragraph (b) in this section is satisfied before March 1 (of any year), the deadline will not be extended and the applicant will have until June 30 of that calendar year to complete implementation. If one of the conditions under paragraph (b)(1) through (2) in this section is satisfied on or after March 1 the calendar year, the applicant will have until June 30 of the following calendar year to complete implementation. ( 3 ) Applicants whose service providers are unable to complete implementation for reasons beyond the service provider's control; or Note 1 to paragraph (b)(3): An applicant seeking a one-year extension must affirmatively request an extension on or before the June 30 deadline for paragraph (b)(3) in this section. The Administrator will address any situations arising under paragraph (b)(3) in this section on a case-by-case basis. Applicants must submit documentation to the Administrator requesting relief pursuant to paragraph (b)(3) in this section on or before June 30 of the relevant funding year. That documentation must include, at a minimum, an explanation regarding the circumstances that make it impossible for installation to be completed by June 30 and a certification by the applicant that, to the best of their knowledge, the request is truthful. ( 4 ) Applicants whose service providers are unwilling to complete delivery and installation because the applicant's funding request is under review by the Administrator for program compliance. Note 1 to Paragraph (b)(4): An applicant seeking a one-year extension must affirmatively request an extension on or before the June 30 deadline for paragraph (b)(4) in this section. Applicants seeking an extension under paragraph (b)(4) in this section must certify to the Administrator that their service provider was unwilling to deliver or install the non-recurring services before the end of the funding year. Applicants must make this certification on or before June 30 of the relevant funding year. The revised implementation date will be calculated based on the date the Administrator issues a funding commitment. § 54.627 Invoicing process and certifications. ( a ) Invoice filing deadline. Invoices must be submitted to the Administrator within 120 days after the later of: ( 1 ) The service delivery deadline, as defined in § 54.626 ; or ( 2 ) The date of a revised funding commitment letter issued pursuant to an approved post-commitment request made by the applicant or service provider or a successful appeal of a previously denied or reduced funding request. Before the Administrator may process and pay an invoice, it must receive a completed invoice from the service provider. ( b ) Invoice deadline extension. Service providers or billed entities may request a one-time extension of the invoicing deadline by no later than the deadline calculated pursuant to paragraph (a) in this section. The Administrator shall grant a 120-day extension of the invoice filing deadline, if it is timely requested. ( c ) Telecommunications Program. ( 1 ) Certifications. Before the Administrator may process and pay an invoice, both the health care provider and the service provider must make the following certifications. ( i ) The health care provider must certify that: ( A ) The service has been or is being provided to the health care provider; ( B ) The universal service credit will be applied to the telecommunications service billing account of the health care provider or the billed entity as directed by the health care provider; ( C ) It is authorized to submit this request on behalf of the health care provider; ( D ) It has examined the invoice form and supporting documentation and that to the best of its knowledge, information and belief, all statements of fact contained in the invoice form and supporting documentation are true; ( E ) It or the consortium it represents satisfies all of the requirements and will abide by all of the relevant requirements, including all applicable Commission rules, with respect to universal service benefits provided under 47 U.S.C. 254 ; and ( F ) It understands that any letter from the Administrator that erroneously states that funds will be made available for the benefit of the applicant may be subject to rescission. ( ii ) The service provider must certify that: ( A ) The information contained in the invoice is correct and the health care providers and the Billed Account Numbers have been credited with the amounts shown under “Support Amount to be Paid by USAC;” ( B ) It has abided by all of the relevant requirements, including all applicable Commission rules; ( C ) It has received and reviewed the HSS, invoice form and accompanying documentation, and that the rates charged for the telecommunications services, to the best of its knowledge, information and belief, are accurate and comply with the Commission's rules; ( D ) It is authorized to submit the invoice; ( E ) The health care provider paid the appropriate urban rate for the telecommunications services; ( F ) The rural rate on the invoice does not exceed the appropriate rural rate determined by the Administrator; ( G ) It has charged the health care provider for only eligible services prior to submitting the invoice for payment and accompanying documentation; ( H ) It has not offered or provided a gift or any other thing of value to the applicant (or to the applicant's personnel, including its consultant) for which it will provide services; and ( I ) The consultants or third parties it has hired do not have an ownership interest, sales commission arrangement, or other financial stake in the service provider chosen to provide the requested services, and that they have otherwise complied with Rural Health Care Program rules, including the Commission's rules requiring fair and open competitive bidding. ( J ) As a condition of receiving support, it will provide to the health care providers, on a timely basis, all documents regarding supported equipment or services that are necessary for the health care provider to submit required forms or respond to Commission or Administrator inquiries. ( 2 ) [Reserved] ( d ) Healthcare Connect Fund Program. ( 1 ) Certifications. Before the Administrator may process and pay an invoice, the Consortium Leader (or health care provider, if participating individually) and the service provider must make the following certifications: ( i ) The Consortium Leader or health care provider must certify that: ( A ) It is authorized to submit this request on behalf of the health care provider or consortium; ( B ) It has examined the invoice form and attachments and, to the best of its knowledge, information, and belief, all information contained on the invoice form and attachments are true and correct; ( C ) The health care provider or consortium members have received the related services, network equipment, and/or facilities itemized on the invoice form; and ( D ) The required 35 percent minimum contribution for each item on the invoice form was funded by eligible sources as defined in the Commission's rules and that the required contribution was remitted to the service provider. ( ii ) The service provider must certify that: ( A ) It has been authorized to submit this request on behalf of the service provider; ( B ) It has applied the amount submitted, approved, and paid by the Administrator to the billing account of the health care provider(s) and Funding Request Number (FRN)/FRN ID listed on the invoice; ( C ) It has examined the invoice form and attachments and that, to the best of its knowledge, information, and belief, the date, quantities, and costs provided in the invoice form and attachments are true and correct; ( D ) It has abided by all program requirements, including all applicable Commission rules and orders; ( E ) It has charged the health care provider for only eligible services prior to submitting the invoice form and accompanying documentation; ( F ) It has not offered or provided a gift or any other thing of value to the applicant (or to the applicant's personnel, including its consultant) for which it will provide services; ( G ) The consultants or third parties it has hired do not have an ownership interest, sales commission arrangement, or other financial stake in the service provider chosen to provide the requested services, and that they have otherwise complied with Rural Health Care Program rules, including the Commission's rules requiring fair and open competitive bidding; and ( H ) As a condition of receiving support, it will provide to the health care providers, on a timely basis, all documents regarding supported equipment, facilities, or services that are necessary for the health care provider to submit required forms or respond to Commission or Administrator inquiries. [ 84 FR 54979 , Oct. 11, 2019, as amended at 88 FR 17397 , Mar. 23, 2023; 88 FR 17397 , Mar. 23, 2023] § 54.628 Duplicate support. ( a ) Eligible health care providers that seek support under the Healthcare Connect Fund Program for telecommunications services may not also request support from the Telecommunications Program for the same services. ( b ) Eligible health care providers that seek support under the Telecommunications Program or the Healthcare Connect Fund Program may not also request support from any other universal service program for the same expenses. § 54.629 Prohibition on resale. ( a ) Prohibition on resale. Services purchased pursuant to universal support mechanisms under this subpart shall not be sold, resold, or transferred in consideration for money or any other thing of value. ( b ) Permissible fees. The prohibition on resale set forth in paragraph (a) in this section shall not prohibit a health care provider from charging normal fees for health care services, including instruction related to services purchased with support provided under this subpart. § 54.630 Election to offset support against annual universal service fund contribution. ( a ) A service provider that contributes to the universal service support mechanisms under this subpart and subpart H of this part to eligible health care providers may, at the election of the contributor: ( 1 ) Treat the amount eligible for support under this subpart as an offset against the contributor's universal service support obligation for the year in which the costs for providing eligible services were incurred; or ( 2 ) Receive direct reimbursement from the Administrator for that amount. ( b ) Service providers that are contributors shall elect in January of each year the method by which they will be reimbursed and shall remain subject to that method for the duration of the calendar year. Any support amount that is owed a service provider that fails to remit its monthly universal service contribution obligation shall first be applied as an offset to that contributor's contribution obligation. Such a service provider shall remain subject to the offsetting method for the remainder of the calendar year in which it failed to remit its monthly universal service obligation. A service provider that continues to be in arrears on its universal service contribution obligations at the end of a calendar year shall remain subject to the offsetting method for the next calendar year. ( c ) If a service provider providing services eligible for support under this subpart elects to treat that support amount as an offset against its universal service contribution obligation and the total amount of support owed exceeds its universal service obligation, calculated on an annual basis, the service provider shall receive a direct reimbursement in the amount of the difference. Any such reimbursement due a service provider shall be provided by the Administrator no later than the end of the first quarter of the calendar year following the year in which the costs were incurred and the offset against the contributor's universal service obligation was applied. § 54.631 Audits and recordkeeping. ( a ) Random audits. All participants under the Telecommunications Program and Healthcare Connect Fund Program shall be subject to random compliance audits to ensure compliance with program rules and orders. ( b ) Recordkeeping. Participants, including Consortium Leaders and health care providers, shall maintain records to document compliance with program rules and orders for at least five years after the last day of service delivered in a particular funding year sufficient to establish compliance with all rules in this subpart. ( 1 ) Telecommunications Program. ( i ) Participants must maintain, among other things, records of allocations for consortia and entities that engage in eligible and ineligible activities, if applicable. ( ii ) Mobile rural health care providers shall maintain annual logs for a period of five years. Mobile rural health care providers shall maintain annual logs indicating: The date and locations of each clinical stop; and the number of patients served at each clinical stop. Mobile rural health care providers shall make their logs available to the Administrator and the Commission upon request. ( iii ) Service providers shall retain documents related to the delivery of discounted services for at least five years after the last day of the delivery of discounted services. Any other document that demonstrates compliance with the statutory or regulatory requirements for the rural health care mechanism shall be retained as well. ( 2 ) Healthcare Connect Fund Program. ( i ) Participants who receive support for long-term capital investments in facilities whose useful life extends beyond the period of the funding commitment shall maintain records for at least five years after the end of the useful life of the facility. Participants shall maintain asset and inventory records of supported network equipment to verify the actual location of such equipment for a period of five years after purchase. ( ii ) Service providers shall retain records related to the delivery of supported services, facilities, or equipment to document compliance with the Commission rules or orders pertaining to the Healthcare Connect Fund Program for at least five years after the last day of the delivery of supported services, equipment, or facilities in a particular funding year. ( c ) Production of records. Both participants and service providers under the Telecommunications Program and Healthcare Connect Fund Program shall produce such records at the request of the Commission, any auditor appointed by the Administrator or Commission, or any other state or federal agency with jurisdiction. ( d ) Obligation of service providers. Service providers in the Telecommunications Program and Healthcare Connect Fund Program must certify, as a condition of receiving support, that they will provide to health care providers, on a timely basis, all information and documents regarding supported equipment, facilities, or services that are necessary for the health care provider to submit required forms or respond to Commission or Administrator inquiries. The Administrator may withhold disbursements for the service provider if the service provider, after written notice from the Administrator, fails to comply with this requirement. § 54.632 Signature requirements for certifications. ( a ) For individual health care provider applicants, required certifications must be provided and signed by an officer or director of the health care provider, or other authorized employee of the health care provider. ( b ) For consortium applicants, an officer, director, or other authorized employee of the Consortium Leader must sign the required certifications. ( c ) Pursuant to § 54.633 , electronic signatures are permitted for all required certifications. § 54.633 Validity of electronic signatures and records. ( a ) For the purposes of this subpart, an electronic signature (defined by the Electronic Signatures in Global and National Commerce Act, as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record) has the same legal effect as a written signature. ( b ) For the purposes of this subpart, an electronic record (defined by the Electronic Signatures in Global and National Commerce Act, as a contract or other record created, generated, sent, communicated, received, or stored by electronic means) constitutes a record. Subpart H—Administration § 54.701 Administrator of universal service support mechanisms. ( a ) The Universal Service Administrative Company is appointed the permanent Administrator of the federal universal service support mechanisms, subject to a review after one year by the Federal Communications Commission to determine that the Administrator is administering the universal service support mechanisms in an efficient, effective, and competitively neutral manner. ( b ) ( 1 ) The Administrator shall establish a twenty (20) member Board of Directors, as set forth in § 54.703 . The Administrator's Board of Directors shall establish three Committees of the Board of Directors, as set forth in § 54.705 : ( i ) The Schools and Libraries Committee, which shall oversee the schools and libraries support mechanism; ( ii ) The Rural Health Care Committee, which shall oversee the rural health care support mechanism; and ( iii ) The High Cost and Low Income Committee, which shall oversee the high cost and low income support mechanism. ( 2 ) The Board of Directors shall not modify substantially the power or authority of the Committees of the Board without prior approval from the Federal Communications Commission. ( c ) ( 1 ) The Administrator shall establish three divisions: ( i ) The Schools and Libraries Division, which shall perform duties and functions in connection with the schools and libraries support mechanism under the direction of the Schools and Libraries Committee of the Board, as set forth in § 54.705(a) ; ( ii ) The Rural Health Care Division, which shall perform duties and functions in connection with the rural health care support mechanism under the direction of the Rural Health Care Committee of the Board, as set forth in § 54.705(b) ; and ( iii ) The High Cost and Low Income Division, which shall perform duties and functions in connection with the high cost support mechanisms described in subparts J , K , M , and O of this part , and the low income support mechanisms described in subpart E of this part , under the direction of the High Cost and Low Income Committee of the Board, as set forth in § 54.705(c) . ( 2 ) As directed by the Committees of the Board set forth in § 54.705 , these divisions shall perform the duties and functions unique to their respective support mechanisms. ( d ) The Administrator shall be managed by a Chief Executive Officer, as set forth in § 54.704 . The Chief Executive Officer shall serve on the Committees of the Board established in § 54.705 . [ 63 FR 70572 , Dec. 21, 1998, as amended at 65 FR 38689 , June 21, 2000; 65 FR 57739 , Sept. 26, 2000; 66 FR 59727 , Nov. 30, 2001; 68 FR 36943 , June 20, 2003; 88 FR 55410 , Aug. 15, 2023; 89 FR 25162 , Apr. 10, 2024] § 54.702 Administrator's functions and responsibilities. ( a ) The Administrator, and the divisions therein, shall be responsible for administering the schools and libraries support mechanism, the rural health care support mechanism, the high-cost support mechanism, and the low income support mechanism. ( b ) The Administrator shall be responsible for billing contributors, collecting contributions to the universal service support mechanisms, and disbursing universal service support funds. ( c ) The Administrator may not make policy, interpret unclear provisions of the statute or rules, or interpret the intent of Congress. Where the Act or the Commission's rules are unclear, or do not address a particular situation, the Administrator shall seek guidance from the Commission. ( d ) The Administrator may advocate positions before the Commission and its staff only on administrative matters relating to the universal service support mechanisms. ( e ) The Administrator shall maintain books of account separate from those of the National Exchange Carrier Association, of which the Administrator is an independent subsidiary. The Administrator's books of account shall be maintained in accordance with generally accepted accounting principles. The Administrator may borrow start up funds from the National Exchange Carrier Association. Such funds may not be drawn from the Telecommunications Relay Services (TRS) fund or TRS administrative expense accounts. ( f ) The Administrator shall create and maintain a website, as defined in § 54.5 , on which applications for services will be posted on behalf of schools, libraries and rural health care providers. ( g ) The Administrator shall file with the Commission and Congress an annual report by March 31 of each year. The report shall detail the Administrator's operations, activities, and accomplishments for the prior year, including information about participation in each of the universal service support mechanisms and administrative action intended to prevent waste, fraud, and abuse. The report also shall include an assessment of subcontractors' performance, and an itemization of monthly administrative costs that shall include all expenses, receipts, and payments associated with the administration of the universal service support programs. The Administrator shall consult each year with Commission staff to determine the scope and content of the annual report. ( h ) The Administrator shall report quarterly to the Commission on the disbursement of universal service support program funds. The Administrator shall keep separate accounts for the amounts of money collected and disbursed for eligible schools and libraries, rural health care providers, low-income consumers, and high-cost and insular areas. ( i ) Information based on the Administrator's reports will be made public by the Commission at least once a year as part of a Monitoring Report. ( j ) The Administrator shall provide the Commission full access to the data collected pursuant to the administration of the universal service support programs. ( k ) Pursuant to § 64.903 of this chapter , the Administrator shall file with the Commission a cost allocation manual (CAM) that describes the accounts and procedures the Administrator will use to allocate the shared costs of administering the universal service support mechanisms and its other operations. ( l ) The Administrator shall make available to whomever the Commission directs, free of charge, any and all intellectual property, including, but not limited to, all records and information generated by or resulting from its role in administering the support mechanisms, if its participation in administering the universal service support mechanisms ends. ( m ) If its participation in administering the universal service support mechanisms ends, the Administrator shall be subject to close-out audits at the end of its term. ( n ) The Administrator shall account for the financial transactions of the Universal Service Fund in accordance with generally accepted accounting principles for federal agencies and maintain the accounts of the Universal Service Fund in accordance with the United States Government Standard General Ledger. When the Administrator, or any independent auditor hired by the Administrator, conducts audits of the beneficiaries of the Universal Service Fund, contributors to the Universal Service Fund, or any other providers of services under the universal service support mechanisms, such audits shall be conducted in accordance with generally accepted government auditing standards. In administering the Universal Service Fund, the Administrator shall also comply with all relevant and applicable federal financial management and reporting statutes. ( o ) The Administrator shall provide performance measurements pertaining to the universal service support mechanisms as requested by the Commission by order or otherwise. [ 63 FR 70573 , Dec. 21, 1998, as amended at 65 FR 38690 , June 21, 2000; 65 FR 57739 , Sept. 26, 2000; 66 FR 59727 , Nov. 30, 2001; 67 FR 11259 , Mar. 13, 2002; 69 FR 5719 , Feb. 6, 2004; 72 FR 54218 , Sept. 24, 2007; 76 FR 73876 , Nov. 29, 2011] § 54.703 The Administrator's Board of Directors. ( a ) The Administrator shall have a Board of Directors separate from the Board of Directors of the National Exchange Carrier Association. The National Exchange Carrier Association's Board of Directors shall be prohibited from participating in the functions of the Administrator. ( b ) Board composition. The independent subsidiary's Board of Directors shall consist of twenty (20) directors: ( 1 ) Three directors shall represent incumbent local exchange carriers, with one director representing the Bell Operating Companies and GTE, one director representing ILECs (other than the Bell Operating Companies) with annual operating revenues in excess of $40 million, and one director representing ILECs (other than the Bell Operating Companies) with annual operating revenues of $40 million or less; ( 2 ) Two directors shall represent interexchange carriers, with one director representing interexchange carriers with more than $3 billion in annual operating revenues and one director representing interexchange carriers with annual operating revenues of $3 billion or less; ( 3 ) One director shall represent commercial mobile radio service (CMRS) providers; ( 4 ) One director shall represent competitive local exchange carriers; ( 5 ) One director shall represent cable operators; ( 6 ) One director shall represent information service providers; ( 7 ) Three directors shall represent schools that are eligible to receive discounts pursuant to § 54.501 ; ( 8 ) One director shall represent libraries that are eligible to receive discounts pursuant to § 54.501 ; ( 9 ) Two directors shall represent rural health care providers that are eligible to receive supported services pursuant to § 54.601 ; ( 10 ) One director shall represent low-income consumers; ( 11 ) One director shall represent state telecommunications regulators; ( 12 ) One director shall represent state consumer advocates; ( 13 ) One director shall represent Tribal communities; and ( 14 ) The Chief Executive Officer of the Administrator. ( c ) Selection process for board of directors. ( 1 ) Sixty (60) days prior to the expiration of a director's term, the industry or non-industry group that is represented by such director on the Administrator's Board of Directors, as specified in paragraph (b) of this section, shall nominate by consensus a new director. The industry or non-industry group shall submit the name of its nominee for a seat on the Administrator's Board of Directors, along with relevant professional and biographical information about the nominee, to the Chairman of the Federal Communications Commission. Only members of the industry or non-industry group that a Board member will represent may submit a nomination for that position. ( 2 ) The name of an industry or non-industry group's nominee shall be filed with the Office of the Secretary of the Federal Communications Commission in accordance with part 1 of this chapter . The document nominating a candidate shall be captioned “In the matter of: Nomination for Universal Service Administrator's Board of Directors” and shall reference FCC Docket Nos. 97-21 and 96-45. Each nomination shall specify the position on the Board of Directors for which such nomination is submitted. Two copies of the document nominating a candidate shall be submitted to the Wireline Competition Bureau's Telecommunications Access Policy Division. ( 3 ) The Chairman of the Federal Communications Commission shall review the nominations submitted by industry and non-industry groups and select each director of the Administrator's Board of Directors, as each director's term expires pursuant to paragraph (d) of this section. If an industry or non-industry group does not reach consensus on a nominee or fails to submit a nomination for a position on the Administrator's Board of Directors, the Chairman of the Federal Communications Commission shall select an individual to represent such group on the Administrator's Board of Directors. ( d ) Board member terms. The directors of the Administrator's Board shall be appointed for three-year terms, except that the Chief Executive Officer shall be a permanent member of the Board. Board member terms shall run from January 1 of the first year of the term to December 31 of the third year of the term, except that, for purposes of the term beginning on January 1, 1999, the terms of the six directors shall expire on December 31, 2000, the terms of another six directors on December 31, 2001, and the terms of the remaining six directors on December 31, 2002. Directors may be reappointed for subsequent terms pursuant to the initial nomination and appointment process described in paragraph (c) of this section. If a Board member vacates his or her seat prior to the completion of his or her term, the Administrator will notify the Wireline Competition Bureau of such vacancy, and a successor will be chosen pursuant to the nomination and appointment process described in paragraph (c) of this section. ( e ) All meetings of the Administrator's Board of Directors shall be open to the public and held in Washington, D.C. ( f ) Each member of the Administrator's Board of Directors shall be entitled to receive reimbursement for expenses directly incurred as a result of his or her participation on the Administrator's Board of Directors. [ 63 FR 70573 , Dec. 21, 1998, as amended at 67 FR 13226 , Mar. 21, 2002; 88 FR 55410 , Aug. 15, 2023] § 54.704 The Administrator's Chief Executive Officer. ( a ) Chief Executive Officer's functions. ( 1 ) The Chief Executive Officer shall have management responsibility for the administration of the federal universal service support mechanisms. ( 2 ) The Chief Executive Officer shall have management responsibility for all employees of the Universal Service Administrative Company. The Chief Executive Officer may delegate such responsibility to heads of the divisions established in § 54.701(g) . ( 3 ) The Chief Executive Officer shall serve on the Administrator's Board of Directors as set forth in § 54.703(b) and on the Committees of the Board established under § 54.705 . ( b ) Selection process for the Chief Executive Officer. ( 1 ) The members of the Board of Directors of the Administrator shall nominate by consensus a Chief Executive Officer. The Board of Directors shall submit the name of its nominee for Chief Executive Officer, along with relevant professional and biographical information about the nominee, to the Chairperson of the Federal Communications Commission. ( 2 ) The Chairperson of the Federal Communications Commission shall review the nomination submitted by the Administrator's Board of Directors. Subject to the Chairperson's approval, the nominee shall be appointed as the Administrator's Chief Executive Officer. ( 3 ) If the Board of Directors does not reach consensus on a nominee or fails to submit a nomination for the Chief Executive Officer, the Chairperson of the Federal Communications Commission shall select a Chief Executive Officer. [ 63 FR 70574 , Dec. 21, 1998, as amended at 88 FR 21442 , Apr. 10, 2023] § 54.705 Committees of the Administrator's Board of Directors. ( a ) Schools and Libraries Committee — ( 1 ) Committee functions. The Schools and Libraries Committee shall oversee the administration of the schools and libraries support mechanism by the Schools and Libraries Division. The Schools and Libraries Committee shall have the authority to make decisions concerning: ( i ) How the Administrator projects demand for the schools and libraries support mechanism; ( ii ) Development of applications and associated instructions as needed for the schools and libraries support mechanism; ( iii ) Administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations; ( iv ) Performance of outreach and education functions; ( v ) Review of bills for services that are submitted by schools and libraries; ( vi ) - ( viii ) [Reserved] ( ix ) The classification of schools and libraries as urban or rural and the use of the discount matrix established in § 54.505(c) of this chapter to set the discount rate to be applied to services purchased by eligible schools and libraries; ( x ) Performance of audits of beneficiaries under the schools and libraries support mechanism; and ( xi ) Development and implementation of other functions unique to the schools and libraries support mechanism. ( 2 ) Committee composition. The Schools and Libraries Committee shall consist of the following members of the Administrator's Board of Directors: ( i ) Three school representatives; ( ii ) One library representative; ( iii ) One service provider representative; ( iv ) One Tribal community representative; ( v ) One at-large representative elected by the Administrator's Board of Directors; and ( vi ) The Administrator's Chief Executive Officer. ( b ) Rural Health Care Committee — ( 1 ) Committee functions. The Rural Health Care Committee shall oversee the administration of the rural health care support mechanism by the Rural Health Care Division. The Rural Health Care Committee shall have authority to make decisions concerning: ( i ) How the Administrator projects demand for the rural health care support mechanism; ( ii ) Development of applications and associated instructions as needed for the rural health care support mechanism; ( iii ) Administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations; ( iv ) Calculation of support levels under § 54.609 ; ( v ) Performance of outreach and education functions; ( vi ) Review of bills for services that are submitted by rural health care providers; ( vii ) Monitoring demand for the purpose of determining when the $400 million cap has been reached; ( viii ) Performance of audits of beneficiaries under the rural health care support mechanism; and ( ix ) Development and implementation of other functions unique to the rural health care support mechanism. ( 2 ) Committee composition. The Rural Health Care Committee shall consist of the following members of the Administrator's Board of Directors: ( i ) Two rural health care representatives; ( ii ) One service provider representative; ( iii ) Two at-large representatives elected by the Administrator's Board of Directors; ( iv ) One State telecommunications regulator, one state consumer advocate; and ( v ) The Administrator's Chief Executive Officer. ( c ) High Cost and Low Income Committee — ( 1 ) Committee functions. The High Cost and Low Income Committee shall oversee the administration of the high cost and low income support mechanisms described in subparts J , K , M , O , and E of this part . The High Cost and Low Income Committee shall have the authority to make decisions concerning: ( i ) How the Administrator projects demand for the high cost and low income support mechanisms; ( ii ) Development of applications and associated instructions as needed for the high cost and low income, support mechanisms; ( iii ) Administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations; ( iv ) Performance of audits of beneficiaries under the high cost and low income support mechanisms; and ( v ) Development and implementation of other functions unique to the high cost and low income support mechanisms. ( 2 ) [Reserved] ( d ) Binding Authority of Committees of the Board. ( 1 ) Any action taken by the Committees of the Board established in paragraphs (a) through (c) of this section shall be binding on the Board of Directors of the Administrator, unless such action is presented for review to the Board by the Administrator's Chief Executive Officer and the Board disapproves of such action by a two-thirds vote of a quorum of directors, as defined in the Administrator's by-laws. ( 2 ) The budgets prepared by each Committee shall be subject to Board review as part of the Administrator's combined budget. The Board shall not modify the budgets prepared by the Committees of the Board unless such modification is approved by a two-thirds vote of a quorum of the Board, as defined in the Administrator's by-laws. [ 63 FR 70574 , Dec. 21, 1998, as amended at 65 FR 38690 , June 21, 2000; 65 FR 57739 , Sept. 26, 2000; 66 FR 59728 , Nov. 30, 2001; 79 FR 49204 , Aug. 19, 2014; 88 FR 55410 , Aug. 15, 2023; 89 FR 25162 , Apr. 10, 2024] § 54.706 Contributions. ( a ) Entities that provide interstate telecommunications to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered telecommunications carriers providing interstate telecommunications services and must contribute to the universal service support mechanisms. Certain other providers of interstate telecommunications, such as payphone providers that are aggregators, providers of interstate telecommunications for a fee on a non-common carrier basis, and interconnected VoIP providers, also must contribute to the universal service support mechanisms. Interstate telecommunications include, but are not limited to: ( 1 ) Cellular telephone and paging services; ( 2 ) Mobile radio services; ( 3 ) Operator services; ( 4 ) Personal communications services (PCS); ( 5 ) Access to interexchange service; ( 6 ) Special access service; ( 7 ) WATS; ( 8 ) Toll-free service; ( 9 ) 900 service; ( 10 ) Message telephone service (MTS); ( 11 ) Private line service; ( 12 ) Telex; ( 13 ) [Reserved] ( 14 ) Video services; ( 15 ) Satellite service; ( 16 ) Resale of interstate services; ( 17 ) Payphone services; and ( 18 ) Interconnected VoIP services. ( 19 ) Prepaid calling card providers. ( b ) Except as provided in paragraph (c) of this section, every entity required to contribute to the federal universal service support mechanisms under paragraph (a) of this section shall contribute on the basis of its projected collected interstate and international end-user telecommunications revenues, net of projected contributions. ( c ) Any entity required to contribute to the federal universal service support mechanisms whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on such entity's projected collected interstate end-user telecommunications revenues, net of projected contributions. For purposes of this paragraph, an “entity” shall refer to the entity that is subject to the universal service reporting requirements in § 54.711 and shall include all of that entity's affiliated providers of interstate and international telecommunications and telecommunications services. ( d ) Entities providing open video systems (OVS), cable leased access, or direct broadcast satellite (DBS) services are not required to contribute on the basis of revenues derived from those services. The following entities will not be required to contribute to universal service: non-profit health care providers; broadcasters; systems integrators that derive less than five percent of their systems integration revenues from the resale of telecommunications. Prepaid calling card providers are not required to contribute on the basis of revenues derived from prepaid calling cards sold by, to, or pursuant to contract with the Department of Defense (DoD) or a DoD entity. ( e ) Any entity required to contribute to the federal universal service support mechanisms shall retain, for at least five years from the date of the contribution, all records that may be required to demonstrate to auditors that the contributions made were in compliance with the Commission's universal service rules. These records shall include without limitation the following: Financial statements and supporting documentation; accounting records; historical customer records; general ledgers; and any other relevant documentation. This document retention requirement also applies to any contractor or consultant working on behalf of the contributor. [ 63 FR 70575 , Dec. 21, 1998, as amended at 64 FR 60358 , Nov. 5, 1999; 67 FR 11260 , Mar. 13, 2002; 67 FR 79532 , Dec. 30, 2002; 71 FR 38796 , July 10, 2006; 71 FR 43673 , Aug. 2, 2006; 72 FR 54218 , Sept. 24, 2007; 82 FR 48777 , Oct. 20, 2017] § 54.707 Audit controls. ( a ) The Administrator shall have the authority to audit contributors and carriers reporting data to the Administrator. The Administrator shall establish procedures to verify discounts, offsets and support amounts provided by the universal service support programs, and may suspend or delay discounts, offsets, and support amounts provided to a carrier if the carrier fails to provide adequate verification of discounts, offsets, or support amounts provided upon reasonable request, or if directed by the Commission to do so. The Administrator shall not provide reimbursements, offsets or support amounts pursuant to subparts D , K , L and M of this part to a carrier until the carrier has provided to the Administrator a true and correct copy of the decision of a state commission designating that carrier as an eligible telecommunications carrier in accordance with § 54.202 . ( b ) The Administrator has the right to obtain all cost and revenue submissions and related information, at any time and in unaltered format, that carriers submit to NECA that are used to calculate support payments pursuant to subparts D , K , and M of this part . ( c ) The Administrator (and NECA, to the extent the Administrator does not directly receive information from carriers) shall provide to the Commission upon request all underlying data collected from eligible telecommunications carriers to calculate payments pursuant to subparts D , K , L and M of this part . [ 81 FR 24342 , Apr. 25, 2016] § 54.708 De minimis exemption. If a contributor's contribution to universal service in any given year is less than $10,000 that contributor will not be required to submit a contribution or Telecommunications Reporting Worksheet for that year unless it is required to do so to by our rules governing Telecommunications Relay Service ( 47 CFR 64.601 et seq. of this chapter), numbering administration ( 47 CFR 52.1 et seq. of this chapter), or shared costs of local number portability ( 47 CFR 52.21 et seq. of this chapter). The foregoing notwithstanding, all interconnected VoIP providers, including those whose contributions would be de minimis , must file the Telecommunications Reporting Worksheet. If a contributor improperly claims exemption from the contribution requirement, it will subject to the criminal provisions of sections 220(d) and (e) of the Act regarding willful false submissions and will be required to pay the amounts withheld plus interest. [ 64 FR 41331 , July 30, 1999, as amended at 71 FR 38797 , July 10, 2006] § 54.709 Computations of required contributions to universal service support mechanisms. ( a ) Prior to April 1, 2003, contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and on a contribution factor determined quarterly by the Commission. Contributions to the mechanisms beginning April 1, 2003 shall be based on contributors' projected collected end-user telecommunications revenues, and on a contribution factor determined quarterly by the Commission. ( 1 ) For funding the federal universal service support mechanisms prior to April 1, 2003, the subject revenues will be contributors' interstate and international revenues derived from domestic end users for telecommunications or telecommunications services, net of prior period actual contributions. Beginning April 1, 2003, the subject revenues will be contributors' projected collected interstate and international revenues derived from domestic end users for telecommunications or telecommunications services, net of projected contributions. ( 2 ) Prior to April 1, 2003, the quarterly universal service contribution factor shall be determined by the Commission based on the ratio of total projected quarterly expenses of the universal service support mechanisms to the total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Beginning April 1, 2003, the quarterly universal service contribution factor shall be determined by the Commission based on the ratio of total projected quarterly expenses of the universal service support mechanisms to the total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. The Commission shall approve the Administrator's quarterly projected costs of the universal service support mechanisms, taking into account demand for support and administrative expenses. The total subject revenues shall be compiled by the Administrator based on information contained in the Telecommunications Reporting Worksheets described in § 54.711(a) . ( 3 ) Total projected expenses for the federal universal service support mechanisms for each quarter must be approved by the Commission before they are used to calculate the quarterly contribution factor and individual contributions. For each quarter, the Administrator must submit its projections of demand for the federal universal service support mechanisms for high-cost areas, low-income consumers, schools and libraries, and rural health care providers, respectively, and the basis for those projections, to the Commission and the Office of the Managing Director at least sixty (60) calendar days prior to the start of that quarter. For each quarter, the Administrator must submit its projections of administrative expenses for the high-cost mechanism, the low-income mechanism, the schools and libraries mechanism and the rural health care mechanism and the basis for those projections to the Commission and the Office of the Managing Director at least sixty (60) calendar days prior to the start of that quarter. Based on data submitted to the Administrator on the Telecommunications Reporting Worksheets, the Administrator must submit the total contribution base to the Office of the Managing Director at least thirty (30) days before the start of each quarter. The projections of demand and administrative expenses and the contribution factor shall be announced by the Commission in a public notice and shall be made available on the Commission's website. The Commission reserves the right to set projections of demand and administrative expenses at amounts that the Commission determines will serve the public interest at any time within the fourteen-day period following release of the Commission's public notice. If the Commission take no action within fourteen (14) days of the date of release of the public notice announcing the projections of demand and administrative expenses, the projections of demand and administrative expenses, and the contribution factor shall be deemed approved by the Commission. Except as provided in § 54.706(c) , the Administrator shall apply the quarterly contribution factor, once approved by the Commission, to contributor's interstate and international end-user telecommunications revenues to calculate the amount of individual contributions. ( b ) If the contributions received by the Administrator in a quarter exceed the amount of universal service support program contributions and administrative costs for that quarter, the excess payments will be carried forward to the following quarter. The contribution factors for the following quarter will take into consideration the projected costs of the support mechanisms for that quarter and the excess contributions carried over from the previous quarter. The Commission may instruct the Administrator to treat excess contributions in a manner other than as prescribed in this paragraph (b) . Such instructions may be made in the form of a Commission Order or a public notice released by the Wireline Competition Bureau. Any such public notice will become effective fourteen days after release of the public notice, absent further Commission action. ( c ) If the contributions received by the Administrator in a quarter are inadequate to meet the amount of universal service support program payments and administrative costs for that quarter, the Administrator shall request authority from the Commission to borrow funds commercially, with such debt secured by future contributions. Subsequent contribution factors will take into consideration the projected costs of the support mechanisms and the additional costs associated with borrowing funds. ( d ) If a contributor fails to file a Telecommunications Reporting Worksheet by the date on which it is due, the Administrator shall bill that contributor based on whatever relevant data the Administrator has available, including, but not limited to, the number of lines presubscribed to the contributor and data from previous years, taking into consideration any estimated changes in such data. [ 62 FR 41305 , Aug. 1, 1997, as amended at 62 FR 65038 , Dec. 10, 1997; 63 FR 2132 , Jan. 13, 1998; 63 FR 43098 , Aug. 12, 1998; 63 FR 70576 , Dec. 21, 1998; 64 FR 41331 , July 30, 1999; 64 FR 60358 , Nov. 5, 1999; 66 FR 16151 , Mar. 23, 2001; 67 FR 11260 , Mar. 13, 2002; 67 FR 13227 , Mar. 21, 2002; 67 FR 79533 , Dec. 30, 2002; 68 FR 38642 , June 30, 2003; 71 FR 38267 , July 6, 2006; 76 FR 73876 , Nov. 29, 2011] § 54.711 Contributor reporting requirements. ( a ) Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet which shall be published in the Federal Register. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator on a quarterly and annual basis. The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and dates by which payments must be made. An executive officer of the contributor must certify to the truth and accuracy of historical data included in the Telecommunications Reporting Worksheet, and that any projections in the Telecommunications Reporting Worksheet represent a good-faith estimate based on the contributor's policies and procedures. The Commission or the Administrator may verify any information contained in the Telecommunications Reporting Worksheet. Contributors shall maintain records and documentation to justify information reported in the Telecommunications Reporting Worksheet, including the methodology used to determine projections, for three years and shall provide such records and documentation to the Commission or the Administrator upon request. Inaccurate or untruthful information contained in the Telecommunications Reporting Worksheet may lead to prosecution under the criminal provisions of Title 18 of the United States Code. The Administrator shall advise the Commission of any enforcement issues that arise and provide any suggested response. ( b ) The Commission shall have access to all data reported to the Administrator. Contributors may make requests for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the time that the subject data are submitted. The Commission shall make all decisions regarding nondisclosure of company-specific information. The Administrator shall keep confidential all data obtained from contributors, shall not use such data except for purposes of administering the universal service support programs, and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Wireline Competition Bureau, the Universal Service Administrator may share data obtained from contributors with the administrators of the North American Numbering Plan administration cost recovery (See 47 CFR 52.16 of this chapter), the local number portability cost recovery (See 47 CFR 52.32 of this chapter), and the TRS Fund (See 47 CFR 64.604(c)(4)(iii)(H) of this chapter). The Administrator shall keep confidential all data obtained from other administrators and shall not use such data except for purposes of administering the universal service support mechanisms. ( c ) The Bureau may waive, reduce, modify, or eliminate contributor reporting requirements that prove unnecessary and require additional reporting requirements that the Bureau deems necessary to the sound and efficient administration of the universal service support mechanisms. [ 64 FR 41332 , July 30, 1999, as amended at 66 FR 16151 , Mar. 23, 2001; 67 FR 13227 , Mar. 21, 2002; 67 FR 79533 , Dec. 30, 2002] § 54.712 Contributor recovery of universal service costs from end users. ( a ) Federal universal service contribution costs may be recovered through interstate telecommunications-related charges to end users. If a contributor chooses to recover its federal universal service contribution costs through a line item on a customer's bill the amount of the federal universal service line-item charge may not exceed the interstate telecommunications portion of that customer's bill times the relevant contribution factor. ( b ) [Reserved] [ 67 FR 79533 , Dec. 30, 2002, as amended at 68 FR 15672 , Apr. 1, 2003; 71 FR 38797 , July 10, 2006] § 54.713 Contributors' failure to report or to contribute. ( a ) A contributor that fails to file a Telecommunications Reporting Worksheet and subsequently is billed by the Administrator shall pay the amount for which it is billed. The Administrator may bill a contributor a separate assessment for reasonable costs incurred because of that contributor's filing of an untruthful or inaccurate Telecommunications Reporting Worksheet, failure to file the Telecommunications Reporting Worksheet, or late payment of contributions. Failure to file the Telecommunications Reporting Worksheet or to submit required quarterly contributions may subject the contributor to the enforcement provisions of the Act and any other applicable law. The Administrator shall advise the Commission of any enforcement issues that arise and provide any suggested response. Once a contributor complies with the Telecommunications Reporting Worksheet filing requirements, the Administrator may refund any overpayments made by the contributor, less any fees, interest, or costs. ( b ) If a universal service fund contributor fails to make full payment on or before the date due of the monthly amount established by the contributor's applicable Form 499-A or Form 499-Q, or the monthly invoice provided by the Administrator, the payment is delinquent. All such delinquent amounts shall incur from the date of delinquency, and until all charges and costs are paid in full, interest at the rate equal to the U.S. prime rate (in effect on the date of the delinquency) plus 3.5 percent, as well as administrative charges of collection and/or penalties and charges permitted by the applicable law (e.g., 31 U.S.C. 3717 and implementing regulations). ( c ) If a universal service fund contributor is more than 30 days delinquent in filing a Telecommunications Reporting Worksheet Form 499-A or 499-Q, the Administrator shall assess an administrative remedial collection charge equal to the greater of $100 or an amount computed using the rate of the U.S. prime rate (in effect on the date the applicable Worksheet is due) plus 3.5 percent, of the amount due per the Administrator's calculations. In addition, the contributor is responsible for administrative charges of collection and/or penalties and charges permitted by the applicable law (e.g., 31 U.S.C. 3717 and implementing regulations). The Commission may also pursue enforcement action against delinquent contributors and late filers, and assess costs for collection activities in addition to those imposed by the Administrator. ( d ) In the event a contributor fails both to file the Worksheet and to pay its contribution, interest will accrue on the greater of the amounts due, beginning with the earlier of the date of the failure to file or pay. ( e ) If a universal service fund contributor pays the Administrator a sum that is less than the amount due for the contributor's universal service contribution, the Administrator shall adhere to the “American Rule” whereby payment is applied first to outstanding penalty and administrative cost charges, next to accrued interest, and third to outstanding principal. In applying the payment to outstanding principal, the Administrator shall apply such payment to the contributor's oldest past due amounts first. [ 72 FR 54219 , Sept. 24, 2007] § 54.715 Administrative expenses of the Administrator. ( a ) The annual administrative expenses of the Administrator should be commensurate with the administrative expenses of programs of similar size, with the exception of the salary levels for officers and employees of the Administrator described in paragraph (b) of this section. The annual administrative expenses may include, but are not limited to, salaries of officers and operations personnel, the costs of borrowing funds, equipment costs, operating expenses, directors' expenses, and costs associated with auditing contributors of support recipients. ( b ) All officers and employees of the Administrator may be compensated at an annual rate of pay, including any non-regular payments, bonuses, or other compensation, in an amount not to exceed the rate of basic pay in effect for Level I of the Executive Schedule under 5 U.S.C. 5312 . Note to paragraph ( b ): The compensation to be included when calculating whether an employee's rate of pay exceeds Level I of the Executive Schedule does not include life insurance benefits, retirement benefits (including payments to 401(k) plans), health insurance benefits, or other similar benefits, provided that any such benefits are reasonably comparable to benefits that are provided to employees of the federal government. ( c ) The Administrator shall submit to the Commission projected quarterly budgets at least sixty (60) days prior to the start of every quarter. The Commission must approve the projected quarterly budgets before the Administrator disburses funds under the federal universal service support mechanisms. The administrative expenses incurred by the Administrator in connection with the schools and libraries support mechanism, the rural health care support mechanism, the high-cost support mechanism, and the low income support mechanism shall be deducted from the annual funding of each respective support mechanism. The expenses deducted from the annual funding for each support mechanism also shall include the Administrator's joint and common costs allocated to each support mechanism pursuant to the cost allocation manual filed by the Administrator under § 64.903 of this chapter . [ 63 FR 70576 , Dec. 21, 1998, as amended at 65 FR 38690 , June 21, 2000; 65 FR 57739 , Sept. 26, 2000; 66 FR 59728 , Nov. 30, 2001; 69 FR 5719 , Feb. 6, 2004; 76 FR 73877 , Nov. 29, 2011] § 54.717 Audits of the Administrator. The Administrator shall obtain and pay for an annual audit conducted by an independent auditor to examine its operations and books of account to determine, among other things, whether the Administrator is properly administering the universal service support mechanisms to prevent fraud, waste, and abuse: ( a ) Before selecting an independent auditor, the Administrator shall submit preliminary audit requirements, including the proposed scope of the audit and the extent of compliance and substantive testing, to the Office of Managing Director. ( b ) The Office of Managing Director shall review the preliminary audit requirements to determine whether they are adequate to meet the audit objectives. The Office of Managing Director shall prescribe modifications that shall be incorporated into the final audit requirements. ( c ) After the audit requirements have been approved by the Office of Managing Director, the Administrator shall engage within thirty (30) calendar days an independent auditor to conduct the annual audit required by this paragraph. In making its selection, the Administrator shall not engage any independent auditor who has been involved in designing any of the accounting or reporting systems under review in the audit. ( d ) The independent auditor selected by the Administrator to conduct the annual audit shall be instructed by the Administrator to develop a detailed audit program based on the final audit requirements and shall be instructed by the Administrator to submit the audit program to the Office of Managing Director. The Office of Managing Director shall review the audit program and make modifications, as needed, that shall be incorporated into the final audit program. During the course of the audit, the Office of Managing Director may direct the Administrator to direct the independent auditor to take any actions necessary to ensure compliance with the audit requirements. ( e ) During the course of the audit, the Administrator shall instruct the independent auditor to: ( 1 ) Inform the Office of Managing Director of any revisions to the final audit program or to the scope of the audit; ( 2 ) Notify the Office of Managing Director of any meetings with the Administrator in which audit findings are discussed; and ( 3 ) Submit to the Chief of the Wireline Competition Bureau any accounting or rule interpretations necessary to complete the audit. ( f ) Within 105 calendar days after the end of the audit period, but prior to discussing the audit findings with the Administrator, the independent auditor shall be instructed by the Administrator to submit a draft of the audit report to the Office of Managing Director Audit Staff. ( g ) The Office of Managing Director shall review the audit findings and audit workpapers and offer its recommendations concerning the conduct of the audit or the audit findings to the independent auditor. Exceptions of the Office of Managing Director to the findings and conclusions of the independent auditor that remain unresolved shall be included in the final audit report. ( h ) Within fifteen (15) calendar days after receiving the Office of Managing Director's recommendations and making any revisions to the audit report, the Administrator shall instruct the independent auditor to submit the audit report to the Administrator for its response to the audit findings. At this time the auditor also must send copies of its audit findings to the Office of Managing Director. The Administrator shall provide the independent auditor time to perform additional audit work recommended by the Office of Managing Director. ( i ) Within thirty (30) calendar days after receiving the audit report, the Administrator shall respond to the audit findings and send copies of its response to the Office of Managing Director. The Administrator shall instruct the independent auditor that any reply that the independent auditor wishes to make to the Administrator's responses shall be sent to the Office of Managing Director as well as the Administrator. The Administrator's response and the independent auditor's replies shall be included in the final audit report; ( j ) Within ten (10) calendar days after receiving the response of the Administrator, the independent auditor shall file with the Commission the final audit report. ( k ) Based on the final audit report, the Managing Director may take any action necessary to ensure that the universal service support mechanisms operate in a manner consistent with the requirements of this part, as well as such other action as is deemed necessary and in the public interest. [ 67 FR 13227 , Mar. 21, 2002, as amended at 68 FR 18907 , Apr. 17, 2003; 71 FR 38267 , July 6, 2006; 77 FR 71712 , Dec. 4, 2012] Subpart I—Review of Decisions Issued by the Administrator § 54.719 Parties permitted to seek review of Administrator decision. ( a ) Any party aggrieved by an action taken by the Administrator, as defined in § 54.701 , § 54.703 , or § 54.705 , must first seek review from the Administrator. ( b ) Any party aggrieved by an action taken by the Administrator, after seeking review from the Administrator, may then seek review from the Federal Communications Commission, as set forth in § 54.722 . ( c ) Parties seeking waivers of the Commission's rules shall seek relief directly from the Commission. [ 79 FR 49204 , Aug. 19, 2014] § 54.720 Filing deadlines. ( a ) An affected party requesting review or waiver of an Administrator decision by the Commission pursuant to § 54.719 , shall file such a request within sixty (60) days from the date the Administrator issues a decision. ( b ) An affected party requesting review of an Administrator decision by the Administrator pursuant to § 54.719(a) , shall file such a request within sixty (60) days from the date the Administrator issues a decision. ( c ) In all cases of requests for review filed under § 54.719(a) through (c) , the request for review shall be deemed filed on the postmark date. If the postmark date cannot be determined, the applicant must file a sworn affidavit stating the date that the request for review was mailed. ( d ) Parties shall adhere to the time periods for filing oppositions and replies set forth in 47 CFR 1.45 . [ 80 FR 5991 , Feb. 4, 2015] § 54.721 General filing requirements. ( a ) Except as otherwise provided herein, a request for review of an Administrator decision by the Federal Communications Commission shall be filed with the Federal Communications Commission's Office of the Secretary in accordance with the general requirements set forth in part 1 of this chapter . The request for review shall be captioned “In the matter of Request for Review by (name of party seeking review) of Decision of Universal Service Administrator” and shall reference the applicable docket numbers. ( b ) A request for review pursuant to § 54.719(a) through (c) shall contain: ( 1 ) A statement setting forth the party's interest in the matter presented for review; ( 2 ) A full statement of relevant, material facts with supporting affidavits and documentation; ( 3 ) The question presented for review, with reference, where appropriate, to the relevant Federal Communications Commission rule, Commission order, or statutory provision; ( 4 ) A statement of the relief sought and the relevant statutory or regulatory provision pursuant to which such relief is sought. ( c ) A copy of a request for review that is submitted to the Federal Communications Commission shall be served on the Administrator consistent with the requirement for service of documents set forth in § 1.47 of this chapter . ( d ) If a request for review filed pursuant to § 54.720(a) through (c) alleges prohibitive conduct on the part of a third party, such request for review shall be served on the third party consistent with the requirement for service of documents set forth in § 1.47 of this chapter . The third party may file a response to the request for review. Any response filed by the third party shall adhere to the time period for filing replies set forth in § 1.45 of this chapter and the requirement for service of documents set forth in § 1.47 of this chapter . [ 63 FR 70578 , Dec. 21, 1998, as amended at 68 FR 36944 , June 20, 2003] § 54.722 Review by the Wireline Competition Bureau or the Commission. ( a ) Requests for review of Administrator decisions that are submitted to the Federal Communications Commission shall be considered and acted upon by the Wireline Competition Bureau; provided, however, that requests for review that raise novel questions of fact, law or policy shall be considered by the full Commission. ( b ) An affected party may seek review of a decision issued under delegated authority by the Common Carrier Bureau pursuant to the rules set forth in part 1 of this chapter . [ 63 FR 70578 , Dec. 21, 1998, as amended at 67 FR 13228 , Mar. 21, 2002] § 54.723 Standard of review. ( a ) The Wireline Competition Bureau shall conduct de novo review of request for review of decisions issue by the Administrator. ( b ) The Federal Communications Commission shall conduct de novo review of requests for review of decisions by the Administrator that involve novel questions of fact, law, or policy; provided, however, that the Commission shall not conduct de novo review of decisions issued by the Wireline Competition Bureau under delegated authority. [ 67 FR 13228 , Mar. 21, 2002] § 54.724 Time periods for Commission approval of Administrator decisions. ( a ) The Wireline Competition Bureau shall, within ninety (90) days, take action in response to a request for review of an Administrator decision that is properly before it. The Wireline Competition Bureau may extend the time period for taking action on a request for review of an Administrator decision for a period of up to ninety days. The Commission may also at any time, extend the time period for taking action of a request for review of an Administrator decision pending before the Wireline Competition Bureau. ( b ) The Commission shall issue a written decision in response to a request for review of an Administrator decision that involves novel questions of fact, law, or policy within ninety (90) days. The Commission may extend the time period for taking action on the request for review of an Administrator decision. The Wireline Competition Bureau also may extend action on a request for review of an Administrator decision for a period of up to ninety days. [ 67 FR 13228 , Mar. 21, 2002] § 54.725 Universal service disbursements during pendency of a request for review and Administrator decision. ( a ) When a party has sought review of an Administrator decision under § 54.719(a) through (c) in connection with the schools and libraries support mechanism or the rural health care support mechanism, the Administrator shall not reimburse a service provider for the provision of discounted services until a final decision has been issued either by the Administrator or by the Federal Communications Commission; provided, however, that the Administrator may disburse funds for any amount of support that is not the subject of an appeal. ( b ) When a party has sought review of an Administrator decision under § 54.719(a) through (c) in connection with the high cost and low income support mechanisms, the Administrator shall not disburse support to a service provider until a final decision has been issued either by the Administrator or by the Federal Communications Commission; provided, however, that the Administrator may disburse funds for any amount of support that is not the subject of an appeal. Subpart J—Rural Digital Opportunity Fund Source: 85 FR 13798 , Mar. 10, 2020, unless otherwise noted. § 54.801 Use of competitive bidding for Rural Digital Opportunity Fund. The Commission will use competitive bidding, as provided in part 1, subpart AA of this chapter , to determine the recipients of Rural Digital Opportunity Fund support and the amount of support that they may receive for specific geographic areas, subject to applicable post-auction procedures. § 54.802 Rural Digital Opportunity Fund geographic areas, deployment obligations, and support disbursements. ( a ) Geographic areas eligible for support. Rural Digital Opportunity Fund support may be made available for census blocks or other areas identified as eligible by public notice. ( b ) Term of support. Rural Digital Opportunity Fund support shall be provided for ten years. ( c ) Deployment obligation. ( 1 ) All recipients of Rural Digital Opportunity Fund support must complete deployment to 40 percent of the required number of locations as determined by the Connect America Cost Model by the end of the third year, to 60 percent by the end of the fourth year, and to 80 percent by the end of the fifth year. The Wireline Competition Bureau will publish updated location counts no later than the end of the sixth year. A support recipient's final service milestones will depend on whether the Wireline Competition Bureau determines there are more or fewer locations than determined by the Connect America Cost Model in the relevant areas as follows: ( i ) More Locations. After the Wireline Competition Bureau adopts updated location counts, in areas where there are more locations than the number of locations determined by the Connect America Cost Model, recipients of Rural Digital Opportunity Fund support must complete deployment to 100 percent of the number of locations determined by the Connect America Cost Model by the end of the sixth year. Recipients of Rural Digital Opportunity Fund support must then complete deployment to 100 percent of the additional number of locations determined by the Wireline Competition Bureau's updated location count by end of the eighth year. If the new location count exceeds 35% of the number of locations determined by the Connect America Cost Model within their area in each state, recipients of Rural Digital Opportunity Fund support will have the opportunity to seek additional support or relief. ( ii ) Fewer Locations. In areas where there are fewer locations than the number of locations determined by the Connect America Cost Model, a Rural Digital Opportunity Fund support recipient must notify the Wireline Competition Bureau no later than March 1 following the fifth year of deployment. Upon confirmation by the Wireline Competition Bureau, Rural Digital Opportunity Fund support recipients must complete deployment to the number of locations required by the new location count by the end of the sixth year. Support recipients for which the new location count is less than 65 percent of the Connect America Cost Model locations within their area in each state shall have the support amount reduced on a pro rata basis by the number of reduced locations. ( iii ) Newly Built Locations. In addition to offering the required service to the updated number of locations identified by the Wireline Competition Bureau, Rural Digital Opportunity Fund support recipients must offer service to locations built since the revised count, upon reasonable request. Support recipients are not required to deploy to any location built after milestone year eight. ( d ) Disbursement of Rural Digital Opportunity Fund funding. An eligible telecommunications carrier will be advised by public notice when it is authorized to receive support. The public notice will detail how disbursements will be made. § 54.803 Rural Digital Opportunity Fund provider eligibility. ( a ) Any eligible telecommunications carrier is eligible to receive Rural Digital Opportunity Fund support in eligible areas. ( b ) An entity may obtain eligible telecommunications carrier designation after public notice of winning bidders in the Rural Digital Opportunity Fund auction. ( c ) To the extent any entity seeks eligible telecommunications carrier designation prior to public notice of winning bidders for Rural Digital Opportunity Fund support, its designation as an eligible telecommunications carrier may be conditioned subject to receipt of Rural Digital Opportunity Fund support. ( d ) Any Connect America Phase II auction participant that defaulted on all of its Connect America Phase II auction winning bids is barred from participating in the Rural Digital Opportunity Fund. § 54.804 Rural Digital Opportunity Fund application process. ( a ) In addition to providing information specified in § 1.21001(b) of this chapter and any other information required by the Commission, any applicant to participate in competitive bidding for Rural Digital Opportunity Fund support shall: ( 1 ) Provide ownership information as set forth in § 1.2112(a) of this chapter ; ( 2 ) Certify that the applicant is financially and technically qualified to meet the public interest obligations established for Rural Digital Opportunity Fund support; ( 3 ) Disclose its status as an eligible telecommunications carrier to the extent applicable and certify that it acknowledges that it must be designated as an eligible telecommunications carrier for the area in which it will receive support prior to being authorized to receive support; ( 4 ) Describe the technology or technologies that will be used to provide service for each bid; ( 5 ) Submit any information required to establish eligibility for any bidding weights adopted by the Commission in an order or public notice; ( 6 ) To the extent that an applicant plans to use spectrum to offer its voice and broadband services, demonstrate it has the proper authorizations, if applicable, and access to operate on the spectrum it intends to use, and that the spectrum resources will be sufficient to cover peak network usage and deliver the minimum performance requirements to serve all of the fixed locations in eligible areas, and certify that it will retain its access to the spectrum for the term of support; ( 7 ) Submit operational and financial information. ( i ) If applicable, the applicant should submit a certification that it has provided a voice, broadband, and/or electric transmission or distribution service for at least two years or that it is a wholly-owned subsidiary of such an entity, and specifying the number of years the applicant or its parent company has been operating, and submit the financial statements from the prior fiscal year that are audited by an independent certified public accountant. If the applicant is not audited in the ordinary course of business, in lieu of submitting audited financial statements it must submit unaudited financial statements from the prior fiscal year and certify that it will provide financial statements from the prior fiscal year that are audited by an independent certified public accountant by a specified deadline during the long-form application review process. ( A ) If the applicant has provided a voice and/or broadband service it must certify that it has filed FCC Form 477s as required during this time period. ( B ) If the applicant has operated only an electric transmission or distribution service, it must submit qualified operating or financial reports that it has filed with the relevant financial institution for the relevant time period along with a certification that the submission is a true and accurate copy of the reports that were provided to the relevant financial institution. ( ii ) If an applicant cannot meet the requirements in paragraph (a)(7)(i) of this section, in the alternative it must submit the audited financial statements from the three most recent fiscal years and a letter of interest from a bank meeting the qualifications set forth in paragraph (c)(2) of this section, that the bank would provide a letter of credit as described in paragraph (c) of this section to the bidder if the bidder were selected for bids of a certain dollar magnitude. ( 8 ) Certify that the applicant has performed due diligence concerning its potential participation in the Rural Digital Opportunity Fund. ( b ) Application by winning bidders for Rural Digital Opportunity Fund support— ( 1 ) Deadline. As provided by public notice, winning bidders for Rural Digital Opportunity Fund support or their assignees shall file an application for Rural Digital Opportunity Fund support no later than the number of business days specified after the public notice identifying them as winning bidders. ( 2 ) Application contents. An application for Rural Digital Opportunity Fund support must contain: ( i ) Identification of the party seeking the support, including ownership information as set forth in § 1.2112(a) of this chapter ; ( ii ) Certification that the applicant is financially and technically qualified to meet the public interest obligations for Rural Digital Opportunity Fund support in each area for which it seeks support; ( iii ) Certification that the applicant will meet the relevant public interest obligations, including the requirement that it will offer service at rates that are equal or lower to the Commission's reasonable comparability benchmarks for fixed wireline services offered in urban areas; ( iv ) A description of the technology and system design the applicant intends to use to deliver voice and broadband service, including a network diagram which must be certified by a professional engineer. The professional engineer must certify that the network is capable of delivering, to at least 95 percent of the required number of locations in each relevant state, voice and broadband service that meets the requisite performance requirements for Rural Digital Opportunity Fund support; ( v ) Certification that the applicant will have available funds for all project costs that exceed the amount of support to be received from the Rural Digital Opportunity Fund for the first two years of its support term and that the applicant will comply with all program requirements, including service milestones; ( vi ) A description of how the required construction will be funded, including financial projections that demonstrate the applicant can cover the necessary debt service payments over the life of the loan, if any; ( vii ) Certification that the party submitting the application is authorized to do so on behalf of the applicant; and ( viii ) Such additional information as the Commission may require. ( 3 ) Letter of credit commitment letter. No later than the number of days provided by public notice, the long-form applicant shall submit a letter from a bank meeting the eligibility requirements outlined in paragraph (c) of this section committing to issue an irrevocable stand-by letter of credit, in the required form, to the long-form applicant. The letter shall at a minimum provide the dollar amount of the letter of credit and the issuing bank's agreement to follow the terms and conditions of the Commission's model letter of credit. ( 4 ) Audited financial statements. No later than the number of days provided by public notice, if a long-form applicant or a related entity did not submit audited financial statements in the relevant short-form application as required, the long-form applicant must submit the financial statements from the prior fiscal year that are audited by an independent certified public accountant. ( 5 ) Eligible telecommunications carrier designation. No later than 180 days after the public notice identifying it as a winning bidder, the long-form applicant shall certify that it is an eligible telecommunications carrier in any area for which it seeks support and submit the relevant documentation supporting that certification. ( 6 ) Application processing. ( i ) No application will be considered unless it has been submitted in an acceptable form during the period specified by public notice. No applications submitted or demonstrations made at any other time shall be accepted or considered. ( ii ) Any application that, as of the submission deadline, either does not identify the applicant seeking support as specified in the public notice announcing application procedures or does not include required certifications shall be denied. ( iii ) An applicant may be afforded an opportunity to make minor modifications to amend its application or correct defects noted by the applicant, the Commission, the Administrator, or other parties. Minor modifications include correcting typographical errors in the application and supplying non-material information that was inadvertently omitted or was not available at the time the application was submitted. ( iv ) Applications to which major modifications are made after the deadline for submitting applications shall be denied. Major modifications include, but are not limited to, any changes in the ownership of the applicant that constitute an assignment or change of control, or the identity of the applicant, or the certifications required in the application. ( v ) After receipt and review of the applications, a public notice shall identify each long-form applicant that may be authorized to receive Rural Digital Opportunity Fund support after the long-form applicant submits a letter of credit and an accompanying opinion letter as described in paragraph (c) of this section, in a form acceptable to the Commission. Each such long-form applicant shall submit a letter of credit and accompanying opinion letter as required by paragraph (c) of this section, in a form acceptable to the Commission no later than the number of business days provided by public notice. ( vi ) After receipt of all necessary information, a public notice will identify each long-form applicant that is authorized to receive Rural Digital Opportunity Fund support. ( c ) Letter of credit. Before being authorized to receive Rural Digital Opportunity Fund support, a winning bidder shall obtain an irrevocable standby letter of credit which shall be acceptable in all respects to the Commission. ( 1 ) Value. Each recipient authorized to receive Rural Digital Opportunity Fund support shall maintain the standby letter of credit in an amount equal to, at a minimum, one year of support, until the Universal Service Administrative Company has verified that the recipient has served 100 percent of the Connect America Cost Model-determined location total (or the adjusted Connect America Cost Model location count if there are fewer locations) by the end of year six. ( i ) For year one of a recipient's support term, it must obtain a letter of credit valued at an amount equal to one year of support. ( ii ) For year two of a recipient's support term, it must obtain a letter of credit valued at an amount equal to eighteen months of support. ( iii ) For year three of a recipient's support term, it must obtain a letter of credit valued at an amount equal to two years of support. ( iv ) For year four of a recipient's support term, it must obtain a letter of credit valued at an amount equal to three years of support. ( v ) A recipient may obtain a new letter of credit or renew its existing letter of credit so that it is valued at an amount equal to one year of support once it meets its optional or required service milestones. The recipient may obtain or renew this letter of credit upon verification of its buildout by the Universal Service Administrative Company. The recipient may maintain its letter of credit at this level for the remainder of its deployment term, so long as the Universal Service Administrative Company verifies that the recipient successfully and timely meets its remaining required service milestones. ( vi ) A recipient that fails to meet its required service milestones must obtain a new letter of credit or renew its existing letter of credit at an amount equal to its existing letter of credit, plus an additional year of support, up to a maximum of three years of support. ( vii ) A recipient that fails to meet two or more required service milestones must maintain a letter of credit in the amount of three year of support and may be subject to additional non-compliance penalties as described in § 54.320(d) . ( 2 ) Bank eligibility. The bank issuing the letter of credit shall be acceptable to the Commission. A bank that is acceptable to the Commission is: ( i ) Any United States bank ( A ) That is insured by the Federal Deposit Insurance Corporation, and ( B ) That has a bank safety rating issued by Weiss of B− or better; or ( ii ) CoBank, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB− or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iii ) The National Rural Utilities Cooperative Finance Corporation, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB− or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iv ) Any non-United States bank: ( A ) That is among the 100 largest non-U.S. banks in the world, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit (determined on a U.S. dollar equivalent basis as of such date); ( B ) Has a branch office: ( 1 ) Located in the District of Columbia; or ( 2 ) Located in New York City, New York, or such other branch office agreed to by the Commission, that will accept a letter of credit presentation from the Administrator via overnight courier, in addition to in-person presentations; ( C ) Has a long-term unsecured credit rating issued by a widely-recognized credit rating agency that is equivalent to a BBB− or better rating by Standard & Poor's; and ( D ) Issues the letter of credit payable in United States dollars ( 3 ) Bankruptcy opinion letter. A long-form applicant for Rural Digital Opportunity Fund support shall provide with its letter of credit an opinion letter from its legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that in a proceeding under Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the “Bankruptcy Code”), the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the winning bidder's bankruptcy estate under section 541 of the Bankruptcy Code. ( 4 ) Non-compliance. .Authorization to receive Rural Digital Opportunity Fund support is conditioned upon full and timely performance of all of the requirements set forth in this section, and any additional terms and conditions upon which the support was granted. ( i ) Failure by a Rural Digital Opportunity Fund support recipient to meet its service milestones for the location totals determined by the Connect America Cost Model, or the location total that is adjusted by the Wireline Competition Bureau for those areas where there are fewer locations than the number of locations determined by the Connect America Cost Model, as required by § 54.802 will trigger reporting obligations and the withholding of support as described in § 54.320(d) . Failure to come into full compliance during the relevant cure period as described in §§ 54.320(d)(1)(iv)(B) or 54.320(d)(2) will trigger a recovery action by the Universal Service Administrative Company as described in § 54.320(d)(1)(iv)(B) or § 54.806(c)(1)(i) , as applicable. If the Rural Digital Opportunity Fund recipient does not repay the requisite amount of support within six months, the Universal Service Administrative Company will be entitled to draw the entire amount of the letter of credit and may disqualify the Rural Digital Opportunity Fund support recipient from the receipt of Rural Digital Opportunity Fund support or additional universal service support. ( ii ) The default will be evidenced by a letter issued by the Chief of the Wireline Competition Bureau, or its respective designees, which letter, attached to a standby letter of credit draw certificate, shall be sufficient for a draw on the standby letter of credit for the entire amount of the standby letter of credit. [ 85 FR 13798 , Mar. 10, 2020, as amended at 85 FR 75822 , Nov. 25, 2020] § 54.805 Rural Digital Opportunity Fund public interest obligations. ( a ) Recipients of Rural Digital Opportunity Fund support are required to offer broadband service with latency suitable for real-time applications, including Voice over internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, at rates that are reasonably comparable to rates for comparable offerings in urban areas. For purposes of determining reasonable comparable usage capacity, recipients are presumed to meet this requirement if they meet or exceed the usage level announced by public notice issued by the Wireline Competition Bureau. For purposes of determining reasonable comparability of rates, recipients are presumed to meet this requirement if they offer rates at or below the applicable benchmark to be announced annually by public notice issued by the Wireline Competition Bureau, or no more than the non-promotional prices charged for a comparable fixed wireline service in urban areas in the state or U.S. Territory where the eligible telecommunications carrier receives support. ( b ) Recipients of Rural Digital Opportunity Fund support are required to offer broadband service meeting the performance standards for the relevant performance tier. ( 1 ) Rural Digital Opportunity Fund support recipients meeting the minimum performance tier standards are required to offer broadband service at actual speeds of at least 25 Mbps downstream and 3 Mbps upstream and offer a minimum usage allowance of 250 GB per month, or that reflects the average usage of a majority of fixed broadband customers as announced annually by the Wireline Competition Bureau over the 10-year term. ( 2 ) Rural Digital Opportunity Fund support recipients meeting the baseline performance tier standards are required to offer broadband service at actual speeds of at least 50 Mbps downstream and 5 Mbps upstream and offer a minimum usage allowance of 250 GB per month, or that reflects the average usage of a majority of fixed broadband customers as announced annually by the Wireline Competition Bureau over the 10-year term. ( 2 ) Rural Digital Opportunity Fund support recipients meeting the above-baseline performance tier standards are required to offer broadband service at actual speeds of at least 100 Mbps downstream and 20 Mbps upstream and offer at least 2 terabytes of monthly usage. ( 3 ) Rural Digital Opportunity Fund support recipients meeting the Gigabit performance tier standards are required to offer broadband service at actual speeds of at least 1 Gigabit per second downstream and 500 Mbps upstream and offer at least 2 terabytes of monthly usage. ( 4 ) For each of the tiers in paragraphs (b)(1) through (3) of this section, bidders are required to meet one of two latency performance levels: ( i ) Low-latency bidders will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 100 milliseconds; and ( ii ) High-latency bidders will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 750 ms and, with respect to voice performance, demonstrate a score of four or higher using the Mean Opinion Score (MOS). ( c ) Recipients of Rural Digital Opportunity Fund support are required to bid on category one telecommunications and internet access services in response to a posted FCC Form 470 seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) located within any area in a census block where the carrier is receiving Rural Digital Opportunity Fund support. Such bids must be at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. § 54.806 Rural Digital Opportunity Fund reporting obligations, compliance, and recordkeeping. ( a ) Recipients of Rural Digital Opportunity Fund support shall be subject to the reporting obligations set forth in §§ 54.313 , 54.314 , and 54.316 . ( b ) Recipients of Rural Digital Opportunity Fund support shall be subject to the compliance measures, recordkeeping requirements and audit requirements set forth in § 54.320(a)-(c) . ( c ) Recipients of Rural Digital Opportunity Fund support shall be subject to the non-compliance measures set forth in § 54.320(d) subject to the following modifications related to the recovery of support. ( 1 ) If the support recipient does not report it has come into full compliance after the grace period for its sixth year or eighth year service milestone as applicable or if USAC determines in the course of a compliance review that the eligible telecommunications carrier does not have sufficient evidence to demonstrate that it is offering service to all of the locations required by the sixth or eighth year service milestone as set forth in § 54.320(d)(3) : ( i ) Sixth year service milestone. Support will be recovered as follows after the sixth year service milestone grace period or if USAC later determines in the course of a compliance review that a support recipient does not have sufficient evidence to demonstrate that it was offering service to all of the locations required by the sixth year service milestone: ( A ) If an ETC has deployed to 95 percent or more of the Connect America Cost Model location count or the adjusted Connect America Cost Model location count if there are fewer locations, but less than 100 percent, USAC will recover an amount of support that is equal to 1.25 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations; ( B ) If an ETC has deployed to 90 percent or more of the Connect America Cost Model location count or the adjusted Connect America Cost Model location count if there are fewer locations, but less than 95 percent, USAC will recover an amount of support that is equal to 1.5 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 5 percent of the support recipient's total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state; ( C ) If an ETC has deployed to fewer than 90 percent of the Connect America Cost Model location count or the adjusted Connect America Cost Model location count if there are fewer locations, USAC will recover an amount of support that is equal to 1.75 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 10 percent of the support recipient's total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state. ( ii ) Eighth year service milestone. If a Rural Digital Opportunity Fund support recipient is required to serve more new locations than determined by the Connect America Cost Model, support will be recovered as follows after the eighth year service milestone grace period or if USAC later determines in the course of a compliance review that a support recipient does not have sufficient evidence to demonstrate that it was offering service to all of the locations required by the eighth year service milestone: ( A ) If an ETC has deployed to 95 percent or more of its new location count, but less than 100 percent, USAC will recover an amount of support that is equal to the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations; ( B ) If an ETC has deployed to 90 percent or more of its new location count, but less than 95 percent, USAC will recover an amount of support that is equal to 1.25 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations; ( C ) If an ETC has deployed to 85 percent or more of its new location count, but less than 90 percent, USAC will recover an amount of support that is equal to 1.5 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 5 percent of the support recipient's total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state; ( D ) If an ETC has deployed to less than 85 percent of its new location count, USAC will recover an amount of support that is equal to 1.75 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 10 percent of the support recipient's total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state. ( 2 ) Any support recipient that believes it cannot meet the third-year service milestone must notify the Wireline Competition Bureau within 10 business days of the third-year service milestone deadline and provide information explaining this expected deficiency. If a support recipient has not made such a notification by March 1 following the third-year service milestone, and has deployed to fewer than 20 percent of the required number of locations by the end of the third year, the recipient will immediately be in default and subject to support recovery. The Tier 4 status six-month grace period as set forth in § 54.320(d)(iv) will not be applicable. Effective Date Note Effective Date Note: At 85 FR 13798 , Mar. 10, 2020, § 54.806 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. Subpart K—Connect America Fund Broadband Loop Support for Rate-of-Return Carriers Source: 66 FR 59728 , Nov. 30, 2001, unless otherwise noted. § 54.901 Calculation of Connect America Fund Broadband Loop Support. ( a ) Connect America Fund Broadband Loop Support (CAF BLS) available to a rate-of-return carrier shall equal the Interstate Common Line Revenue Requirement per Study Area, plus the Consumer Broadband-Only Revenue Requirement per Study Area as calculated in accordance with part 69 of this chapter , minus: ( 1 ) The study area revenues obtained from end user common line charges at their allowable maximum as determined by § 69.104(n) and (o) of this chapter ; ( 2 ) Imputed Consumer Broadband-only Revenues, to be calculated as: ( i ) The lesser of $42 * the number of consumer broadband-only loops * 12 or the Consumer Broadband-Only Revenue Requirement per Study Area; or ( ii ) For the purpose of calculating the reconciliation pursuant to § 54.903(b)(3) , the greater of the amount determined pursuant to paragraph (a)(2)(i) of this section or the carrier's allowable Consumer Broadband-only rate calculated pursuant to § 69.132 of this chapter * the number of consumer broadband-only loops * 12; ( 3 ) The special access surcharge pursuant to § 69.115 of this chapter ; and ( 4 ) The line port costs in excess of basic analog service pursuant to § 69.130 of this chapter . ( b ) For the purpose of calculating support pursuant to paragraph (a) of this section, the Interstate Common Line Revenue Requirement and Consumer Broadband-only Revenue Requirement shall be subject to the limitations set forth in § 54.303 . ( c ) For purposes of calculating the amount of CAF BLS, determined pursuant to paragraph (a) of this section, that a non-price cap carrier may receive, the corporate operations expense allocated to the Common Line Revenue Requirement or the Consumer Broadband-only Loop Revenue Requirement, pursuant to § 69.409 of this chapter , shall be limited to the lesser of: ( 1 ) The actual average monthly per-loop corporate operations expense; or ( 2 ) The portion of the monthly per-loop amount computed pursuant to § 54.1308(a)(4)(ii) that would be allocated to the Interstate Common Line Revenue Requirement or Consumer Broadband-only Loop Revenue Requirement pursuant to § 69.409 of this chapter . ( d ) In calculating support pursuant to paragraph (a) of this section for periods prior to when the tariff charge described in § 69.132 of this chapter becomes effective, only Interstate Common Line Revenue Requirement and Interstate Common line revenues shall be included. ( e ) To the extent necessary for ratemaking purposes, each carrier's CAF BLS shall be attributed as follows: ( 1 ) First, support shall be applied to ensure that the carrier has met its Interstate Common Line Revenue Requirement for the prior period to which true-up payments are currently being applied. ( 2 ) Second, support shall be applied to ensure that the carrier has met its Consumer Broadband-only Loop Revenue Requirement for the prior period to which true-up payments are currently being applied. ( 3 ) Third, support shall be applied to ensure that the carrier will meet, on a forecasted basis, its Interstate Common Line Revenue Requirement during the current tariff year. ( 4 ) Finally, support shall be applied as available to the Consumer Broadband-only Loop Revenue Requirement during the current tariff year. ( f ) CAF BLS Support is subject to a reduction as necessary to meet the overall cap on support established by the Commission for support provided pursuant to this subpart and subpart M of this part . Reductions shall be implemented as follows: ( 1 ) On May 1 of each year, the Administrator will publish a target amount for CAF BLS in the aggregate and the amount of CAF BLS that each study area will receive during the upcoming July 1 to June 30 tariff year. The target amount shall be the forecasted disbursement amount times a reduction factor. The reduction factor shall be the budget amount divided by the total forecasted disbursement amount for both High Cost Loop Support and CAF BLS for recipients in the aggregate. The forecasted disbursement for CAF BLS is the forecasted total disbursements for all recipients of CAF BLS, including both projections and true-ups in the upcoming July 1 to June 30 tariff year. ( 2 ) [Reserved] ( 3 ) The Administrator shall apply a pro rata reduction to CAF BLS for each recipient of CAF BLS as necessary to achieve the target amount. ( 4 ) This paragraph (f) shall not apply to support provided from July 1, 2017 to June 30, 2018. ( g ) For purposes of this subpart and consistent with § 69.132 of this chapter , a consumer broadband-only loop is a line provided by a rate-of-return incumbent local exchange carrier to a customer without regulated local exchange voice service, for use in connection with fixed Broadband Internet access service, as defined in § 8.2 of this chapter . [ 81 FR 24342 , Apr. 25, 2016, as amended at 82 FR 14340 , Mar. 20, 2017; 83 FR 18964 , May 1, 2018; 84 FR 4733 , Feb. 19, 2019] § 54.902 Calculation of CAF BLS Support for transferred exchanges. ( a ) In the event that a rate-of-return carrier receiving CAF BLS acquires exchanges from an entity that also receives CAF BLS, CAF BLS for the transferred exchanges shall be distributed as follows: ( 1 ) Each carrier may report its updated line counts to reflect the transfer in the next quarterly line count filing pursuant to § 54.903(a)(1) that applies to the period in which the transfer occurred. During a transition period from the filing of the updated line counts until the end of the funding year, the Administrator shall adjust the CAF BLS Support received by each carrier based on the updated line counts and the per-line CAF BLS, categorized by customer class and, if applicable, disaggregation zone, of the selling carrier. If the acquiring carrier does not file a quarterly update of its line counts, it will not receive CAF BLS for those lines during the transition period. ( 2 ) Each carrier's projected data for the following funding year filed pursuant to § 54.903(a)(3) shall reflect the transfer of exchanges. ( 3 ) Each carrier's actual data filed pursuant to § 54.903(a)(4) shall reflect the transfer of exchanges. All post-transaction CAF BLS shall be subject to true up by the Administrator pursuant to § 54.903(b)(3) . ( b ) In the event that a rate-of-return carrier receiving CAF BLS acquires exchanges from an entity receiving frozen support, model-based support, or auction-based support, absent further action by the Commission, the exchanges shall receive the same amount of support and be subject to the same public interest obligations as specified pursuant to the frozen, model-based, or auction-based program. ( c ) In the event that an entity other than a rate-of-return carrier acquires exchanges from a rate-of-return carrier, absent further action by the Commission, the carrier will receive model-based support and be subject to public interest obligations as specified in § 54.310 . ( d ) This section does not alter any Commission rule governing the sale or transfer of exchanges, including the definition of “study area” in part 36 of this chapter . [ 81 FR 24343 , Apr. 25, 2016, as amended at 89 FR 25163 , Apr. 10, 2024] § 54.903 Obligations of rate-of-return carriers and the Administrator. Cross Reference Link to an amendment published at 89 FR 25163 , Apr. 10, 2024. ( a ) To be eligible for CAF BLS, each rate-of-return carrier shall make the following filings with the Administrator. ( 1 ) Each rate-of-return carrier shall submit to the Administrator on March 31 of each year the number of lines it served as of the prior December 31, within each rate-of-return carrier study area showing residential and single-line business line counts, multi-line business line counts, and consumer broadband-only line counts separately. For purposes of this report, and for purposes of computing support under this subpart, the residential and single-line business class lines reported include lines assessed the residential and single-line business End User Common Line charge pursuant to § 69.104 of this chapter , the multi-line business class lines reported include lines assessed the multi-line business End User Common Line charge pursuant to § 69.104 of this chapter , and consumer broadband-only lines reported include lines assessed the Consumer Broadband-only Loop rate charged pursuant to § 69.132 of this chapter or provided on a detariffed basis. For purposes of this report, and for purposes of computing support under this subpart, lines served using resale of the rate-of-return local exchange carrier's service pursuant to section 251(c)(4) of the Communications Act of 1934, as amended, shall be considered lines served by the rate-of-return carrier only and must be reported accordingly. ( 2 ) A rate-of-return carrier may submit the information in paragraph (a) of this section in accordance with the schedule in § 54.1306 , even if it is not required to do so. If a rate-of-return carrier makes a filing under this paragraph, it shall separately indicate any lines that it has acquired from another carrier that it has not previously reported pursuant to paragraph (a) of this section, identified by customer class and the carrier from which the lines were acquired. ( 3 ) Each rate-of-return carrier shall submit to the Administrator annually by March 31 projected data necessary to calculate the carrier's prospective CAF BLS, including common line and consumer broadband-only loop cost and revenue data, for each of its study areas in the upcoming funding year. The funding year shall be July 1 of the current year through June 30 of the next year. The data shall be accompanied by a certification that the cost data is compliant with the Commission's cost allocation rules and does not reflect duplicative assignment of costs to the consumer broadband-only loop and special access categories. ( 4 ) Each rate-of-return carrier shall submit to the Administrator on December 31 of each year the data necessary to calculate a carrier's Connect America Fund CAF BLS, including common line and consumer broadband-only loop cost and revenue data, for the prior calendar year. Such data shall be used by the Administrator to make adjustments to monthly per-line CAF BLS amounts to the extent of any differences between the carrier's CAF BLS received based on projected common line cost and revenue data, and the CAF BLS for which the carrier is ultimately eligible based on its actual common line and consumer broadband-only loop cost and revenue data during the relevant period. The data shall be accompanied by a certification that the cost data is compliant with the Commission's cost allocation rules and does not reflect duplicative assignment of costs to the consumer broadband-only loop and special access categories. ( b ) Upon receiving the information required to be filed in paragraph (a) of this section, the Administrator shall: ( 1 ) Perform the calculations described in § 54.901 and distribute support accordingly; ( 2 ) [Reserved] ( 3 ) Perform periodic reconciliation of the CAF BLS provided to each carrier based on projected data filed pursuant to paragraph (a)(3) of this section and the CAF BLS for which each carrier is eligible based on actual data filed pursuant to paragraph (a)(4) of this section; and ( 4 ) Report quarterly to the Commission on the collection and distribution of funds under this subpart as described in § 54.702(h) . Fund distribution reporting will be by state and by eligible telecommunications carrier within the state. [ 81 FR 24343 , Apr. 25, 2016, as amended at 84 FR 4733 , Feb. 19, 2019] Subpart L—Mobility Fund and 5G Fund Source: 76 FR 73877 , Nov. 29, 2011, unless otherwise noted. § 54.1001 Mobility Fund—Phase I. The Commission will use competitive bidding, as provided in part 1, subpart AA, of this chapter, to determine the recipients of support available through Phase I of the Mobility Fund and the amount(s) of support that they may receive for specific geographic areas, subject to applicable post-auction procedures. § 54.1002 Geographic areas eligible for support. ( a ) Mobility Fund Phase I support may be made available for census blocks identified as eligible by public notice. ( b ) Except as provided in § 54.1004 , coverage units for purposes of conducting competitive bidding and disbursing support based on designated road miles will be identified by public notice for each census block eligible for support. § 54.1003 Provider eligibility. ( a ) Except as provided in § 54.1004 , an applicant shall be an Eligible Telecommunications Carrier in an area in order to receive Mobility Fund Phase I support for that area. The applicant's designation as an Eligible Telecommunications Carrier may be conditional subject to the receipt of Mobility Fund support. ( b ) An applicant shall have access to spectrum in an area that enables it to satisfy the applicable performance requirements in order to receive Mobility Fund Phase I support for that area. The applicant shall certify, in a form acceptable to the Commission, that it has received any Commission approvals necessary for such access at the time it applies to participate in competitive bidding and at the time that it applies for support and that it will retain such access for five (5) years after the date on which it is authorized to receive support. Pending requests for such approvals are not sufficient to satisfy this requirement. ( c ) An applicant shall certify that it is financially and technically qualified to provide the services supported by Mobility Fund Phase I in order to receive such support. [ 76 FR 73877 , Nov. 29, 2011, as amended at 77 FR 14303 , Mar. 9, 2012] Effective Date Note Effective Date Note: At 77 FR 14303 , Mar. 9, 2012, § 54.1003(b) was revised. This paragraph contains information and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 54.1004 Service to Tribal Lands. ( a ) A Tribally-owned or -controlled entity that has pending an application to be designated an Eligible Telecommunications Carrier may participate in any Mobility Fund Phase I auction, including any auction for support solely in Tribal lands, by bidding for support in areas located within the boundaries of the Tribal land associated with the Tribe that owns or controls the entity. To bid on this basis, an entity shall certify that it is a Tribally-owned or -controlled entity and identify the applicable Tribe and Tribal lands in its application to participate in the competitive bidding. A Tribally-owned or -controlled entity shall receive Mobility Fund Phase I support only after it has become an Eligible Telecommunications Carrier. ( b ) In any auction for support solely in Tribal lands, coverage units for purposes of conducting competitive bidding and disbursing support based on designated population will be identified by public notice for each census block eligible for support. ( c ) Tribally-owned or -controlled entities may receive a bidding credit with respect to bids for support within the boundaries of associated Tribal lands. To qualify for a bidding credit, an applicant shall certify that it is a Tribally-owned or -controlled entity and identify the applicable Tribe and Tribal lands in its application to participate in the competitive bidding. An applicant that qualifies shall have its bid(s) for support in areas within the boundaries of Tribal land associated with the Tribe that owns or controls the applicant reduced by twenty-five (25) percent or purposes of determining winning bidders without any reduction in the amount of support available. ( d ) A winning bidder for support in Tribal lands shall notify and engage the Tribal governments responsible for the areas supported. ( 1 ) A winning bidder's engagement with the applicable Tribal government shall consist, at a minimum, of discussion regarding: ( i ) A needs assessment and deployment planning with a focus on Tribal community anchor institutions; ( ii ) Feasibility and sustainability planning; ( iii ) Marketing services in a culturally sensitive manner; ( iv ) Rights of way processes, land use permitting, facilities siting, environmental and cultural preservation review processes; and ( v ) Compliance with Tribal business and licensing requirements. ( 2 ) A winning bidder shall notify the appropriate Tribal government of its winning bid no later than five (5) business days after being identified by public notice as a winning bidder. ( 3 ) A winning bidder shall certify in its application for support that it has substantively engaged appropriate Tribal officials regarding the issues specified in § 54.1004(d)(1) , at a minimum, as well as any other issues specified by the Commission, and provide a summary of the results of such engagement. A copy of the certification and summary shall be sent to the appropriate Tribal officials when it is sent to the Commission. ( 4 ) A winning bidder for support in Tribal lands shall certify in its annual report, pursuant to § 54.1009(a)(5) , and prior to disbursement of support, pursuant to § 54.1008(c) , that it has substantively engaged appropriate Tribal officials regarding the issues specified in § 54.1004(d)(1) , at a minimum, as well as any other issues specified by the Commission, and provide a summary of the results of such engagement. A copy of the certification and summary shall be sent to the appropriate Tribal officials when it is sent to the Commission. § 54.1005 Application process. ( a ) Application to participate in competitive bidding for Mobility Fund Phase I support. In addition to providing information specified in § 1.21001(b) of this chapter and any other information required by the Commission, an applicant to participate in competitive bidding for Mobility Fund Phase I support also shall: ( 1 ) Provide ownership information as set forth in § 1.2112(a) of this chapter ; ( 2 ) Certify that the applicant is financially and technically capable of meeting the public interest obligations of § 54.1006 in each area for which it seeks support; ( 3 ) Disclose its status as an Eligible Telecommunications Carrier in any area for which it will seek support or as a Tribal entity with a pending application to become an Eligible Telecommunications Carrier in any such area, and certify that the disclosure is accurate; ( 4 ) Describe the spectrum access that the applicant plans to use to meet obligations in areas for which it will bid for support, including whether the applicant currently holds a license for or leases the spectrum, and certify that the description is accurate and that the applicant will retain such access for at least five (5) years after the date on which it is authorized to receive support; ( 5 ) Certify that it will not bid on any areas in which it has made a public commitment to deploy 3G or better wireless service by December 31, 2012; and ( 6 ) Make any applicable certifications required in § 54.1004 . ( b ) Application by winning bidders for Mobility Fund Phase I support — ( 1 ) Deadline. Unless otherwise provided by public notice, winning bidders for Mobility Fund Phase I support shall file an application for Mobility Fund Phase I support no later than 10 business days after the public notice identifying them as winning bidders. ( 2 ) Application contents. ( i ) Identification of the party seeking the support, including ownership information as set forth in § 1.2112(a) of this chapter . ( ii ) Certification that the applicant is financially and technically capable of meeting the public interest obligations of § 54.1006 in the geographic areas for which it seeks support. ( iii ) Proof of the applicant's status as an Eligible Telecommunications Carrier or as a Tribal entity with a pending application to become an Eligible Telecommunications Carrier in any area for which it seeks support and certification that the proof is accurate. ( iv ) A description of the spectrum access that the applicant plans to use to meet obligations in areas for which it is the winning bidder for support, including whether the applicant currently holds a license for or leases the spectrum, and a certification that the description is accurate and that the applicant will retain such access for at least five (5) years after the date on which it is authorized to receive support. ( v ) A detailed project description that describes the network, identifies the proposed technology, demonstrates that the project is technically feasible, discloses the budget and describes each specific phase of the project, e.g., network design, construction, deployment, and maintenance. The applicant shall indicate whether the supported network will provide third generation (3G) mobile service within the period prescribed by § 54.1006(a) or fourth generation (4G) mobile service within the period prescribed by § 54.1006(b) . ( vi ) Certifications that the applicant has available funds for all project costs that exceed the amount of support to be received from Mobility Fund Phase I and that the applicant will comply with all program requirements. ( vii ) Any guarantee of performance that the Commission may require by public notice or other proceedings, including but not limited to the letters of credit required in § 54.1007 , or a written commitment from an acceptable bank, as defined in § 54.1007(a)(1) , to issue such a letter of credit. ( viii ) Certification that the applicant will offer service in supported areas at rates that are within a reasonable range of rates for similar service plans offered by mobile wireless providers in urban areas for a period extending until five (5) years after the date on which it is authorized to receive support. ( ix ) Any applicable certifications and showings required in § 54.1004 . ( x ) Certification that the party submitting the application is authorized to do so on behalf of the applicant. ( xi ) Such additional information as the Commission may require. ( 3 ) Application processing. ( i ) No application will be considered unless it has been submitted in an acceptable form during the period specified by public notice. No applications submitted or demonstrations made at any other time shall be accepted or considered. ( ii ) Any application that, as of the submission deadline, either does not identify the applicant seeking support as specified in the public notice announcing application procedures or does not include required certifications shall be denied. ( iii ) An applicant may be afforded an opportunity to make minor modifications to amend its application or correct defects noted by the applicant, the Commission, the Administrator, or other parties. Minor modifications include correcting typographical errors in the application and supplying non-material information that was inadvertently omitted or was not available at the time the application was submitted. ( iv ) Applications to which major modifications are made after the deadline for submitting applications shall be denied. Major modifications include, but are not limited to, any changes in the ownership of the applicant that constitute an assignment or change of control, or the identity of the applicant, or the certifications required in the application. ( v ) After receipt and review of the applications, a public notice shall identify each winning bidder that may be authorized to receive Mobility Fund Phase I support after the winning bidder submits a Letter of Credit and an accompanying opinion letter as required by § 54.1007 , in a form acceptable to the Commission, and any final designation as an Eligible Telecommunications Carrier that any Tribally-owned or -controlled applicant may still require. Each such winning bidder shall submit a Letter of Credit and an accompanying opinion letter as required by § 54.1007 , in a form acceptable to the Commission, and any required final designation as an Eligible Telecommunications Carrier no later than 10 business days following the release of the public notice. ( vi ) After receipt of all necessary information, a public notice will identify each winning bidder that is authorized to receive Mobility Fund Phase I support. § 54.1006 Public interest obligations. ( a ) Deadline for construction—3G networks. A winning bidder authorized to receive Mobility Fund Phase I support that indicated in its application that it would provide third generation (3G) service on the supported network shall, no later than two (2) years after the date on which it was authorized to receive support, submit data from drive tests covering the area for which support was received demonstrating mobile transmissions supporting voice and data to and from the network covering 75% of the designated coverage units in the area deemed uncovered, or a higher percentage established by Public Notice prior to the competitive bidding, and meeting or exceeding the following: ( 1 ) Outdoor minimum data transmission rates of 50 kbps uplink and 200 kbps downlink at vehicle speeds appropriate for the roads covered; ( 2 ) Transmission latency low enough to enable the use of real time applications, such as VoIP. ( b ) Deadline for construction—4G networks. A winning bidder authorized to receive Mobility Fund Phase I support that indicated in its application that it would provide fourth generation (4G) service on the supported network shall, no later than three (3) years after the date on which it was authorized to receive support, submit data from drive tests covering the area for which support was received demonstrating mobile transmissions supporting voice and data to and from the network covering 75% of the designated coverage units in the area deemed uncovered, or an applicable higher percentage established by public notice prior to the competitive bidding, and meeting or exceeding the following: ( 1 ) Outdoor minimum data transmission rates of 200 kbps uplink and 768 kbps downlink at vehicle speeds appropriate for the roads covered; ( 2 ) Transmission latency low enough to enable the use of real time applications, such as VoIP. ( c ) Coverage test data. Drive tests submitted in compliance with a recipient's public interest obligations shall cover roads designated in the public notice detailing the procedures for the competitive bidding that is the basis of the recipient's support. Scattered site tests submitted in compliance with a recipient's public interest obligations shall be in compliance with standards set forth in the public notice detailing the procedures for the competitive bidding that is the basis of the recipient's authorized support. ( d ) Collocation obligations. During the period when a recipient shall file annual reports pursuant to § 54.1009 , the recipient shall allow for reasonable collocation by other providers of services that would meet the technological requirements of Mobility Fund Phase I on newly constructed towers that the recipient owns or manages in the area for which it receives support. In addition, during this period, the recipient may not enter into facilities access arrangements that restrict any party to the arrangement from allowing others to collocate on the facilities. ( e ) Voice and data roaming obligations. During the period when a recipient shall file annual reports pursuant to § 54.1009 , the recipient shall comply with the Commission's voice and data roaming requirements that were in effect as of October 27, 2011, on networks that are built through Mobility Fund Phase I support. ( f ) Liability for failing to satisfy public interest obligations. A winning bidder authorized to receive Mobility Fund Phase I support that fails to comply with the public interest obligations in this paragraph or any other terms and conditions of the Mobility Fund Phase I support will be subject to repayment of the support disbursed together with an additional performance default payment. Such a winning bidder may be disqualified from receiving Mobility Fund Phase I support or other USF support. The additional performance default amount will be a percentage of the Mobility Fund Phase I support that the winning bidder has been and is eligible to request be disbursed to it pursuant to § 54.1008 . The percentage will be determined as specified in the public notice detailing competitive bidding procedures prior to the commencement of competitive bidding. The percentage will not exceed twenty percent. § 54.1007 Letter of credit. ( a ) Before being authorized to receive Mobility Fund Phase I support, a winning bidder shall obtain an irrevocable standby letter of credit which shall be acceptable in all respects to the Commission. Each winning bidder authorized to receive Mobility Fund Phase I support shall maintain its standby letter of credit or multiple standby letters of credit in an amount equal to the amount of Mobility Fund Phase I support that the winning bidder has been and is eligible to request be disbursed to it pursuant to § 54.1008 plus the additional performance default amount described in § 54.1006(f) , until at least 120 days after the winning bidder receives its final distribution of support pursuant to § 54.1008(b)(3) . ( 1 ) The bank issuing the letter of credit shall be acceptable to the Commission. A bank that is acceptable to the Commission is ( i ) Any United States Bank that ( A ) Is among the 50 largest United States banks, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit, ( B ) Whose deposits are insured by the Federal Deposit Insurance Corporation, and ( C ) Who has a long-term unsecured credit rating issued by Standard & Poor's of A- or better (or an equivalent rating from another nationally recognized credit rating agency); or ( ii ) Any non-U.S. bank that ( A ) Is among the 50 largest non-U.S. banks in the world, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit (determined on a U.S. dollar equivalent basis as of such date), ( B ) Has a branch office in the District of Columbia or such other branch office agreed to by the Commission, ( C ) Has a long-term unsecured credit rating issued by a widely-recognized credit rating agency that is equivalent to an A- or better rating by Standard & Poor's, and ( D ) Issues the letter of credit payable in United States dollars. ( 2 ) [Reserved] ( b ) A winning bidder for Mobility Fund Phase I support shall provide with its Letter of Credit an opinion letter from its legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that in a proceeding under Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the “Bankruptcy Code”), the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the winning bidder's bankruptcy estate under section 541 of the Bankruptcy Code. ( c ) Authorization to receive Mobility Fund Phase I support is conditioned upon full and timely performance of all of the requirements set forth in § 54.1006 and any additional terms and conditions upon which the support was granted. ( 1 ) Failure by a winning bidder authorized to receive Mobility Fund Phase I support to comply with any of the requirements set forth in § 54.1006 or any other term or conditions upon which support was granted, or its loss of eligibility for any reason for Mobility Fund Phase I support, will be deemed an automatic performance default, will entitle the Commission to draw the entire amount of the letter of credit, and may disqualify the winning bidder from the receipt of Mobility Fund Phase I support or additional USF support. ( 2 ) A performance default will be evidenced by a letter issued by the Chief of either the Wireless Bureau or Wireline Bureau or their respective designees, which letter, attached to a standby letter of credit draw certificate, shall be sufficient for a draw on the standby letter of credit for the entire amount of the standby letter of credit. § 54.1008 Mobility Fund Phase I disbursements. ( a ) A winning bidder for Mobility Fund Phase I support will be advised by public notice whether it has been authorized to receive support. The public notice will detail how disbursement will be made available. ( b ) Mobility Fund Phase I support will be available for disbursement to authorized winning bidders in three stages. ( 1 ) One-third of the total possible support, if coverage were to be extended to 100 percent of the units deemed unserved in the geographic area, when the winning bidder is authorized to receive support. ( 2 ) One-third of the total possible support with respect to a specific geographic area when the recipient demonstrates coverage of 50 percent of the coverage requirements of § 54.1006(a) or (b) , as applicable. ( 3 ) The remainder of the total support, based on the final total units covered, when the recipient demonstrates coverage meeting the requirements of § 54.1006(a) or (b) , as applicable. ( c ) A recipient accepting a final disbursement for a specific geographic area based on coverage of less than 100 percent of the units in the area previously deemed unserved waives any claim for the remainder of potential Mobility Fund Phase I support with respect to that area. ( d ) Prior to each disbursement request, a winning bidder for support in a Tribal land will be required to certify that it has substantively engaged appropriate Tribal officials regarding the issues specified in § 54.1004(d)(1) , at a minimum, as well as any other issues specified by the Commission and to provide a summary of the results of such engagement. ( e ) Prior to each disbursement request, a winning bidder will be required to certify that it is in compliance with all requirements for receipt of Mobility Fund Phase I support at the time that it requests the disbursement. § 54.1009 Annual reports. ( a ) A winning bidder authorized to receive Mobility Fund Phase I support shall submit an annual report no later than July 1 in each year for the five years after it was so authorized. Each annual report shall include the following, or reference the inclusion of the following in other reports filed with the Commission for the applicable year: ( 1 ) Electronic Shapefiles site coverage plots illustrating the area newly reached by mobile services at a minimum scale of 1:240,000; ( 2 ) A list of relevant census blocks previously deemed unserved, with road miles and total resident population and resident population residing in areas newly reached by mobile services (based on Census Bureau data and estimates); ( 3 ) If any such testing has been conducted, data received or used from drive tests, or scattered site testing in areas where drive tests are not feasible, analyzing network coverage for mobile services in the area for which support was received; ( 4 ) Certification that the applicant offers service in supported areas at rates that are within a reasonable range of rates for similar service plans offered by mobile wireless providers in urban areas; ( 5 ) Any applicable certifications and showings required in § 54.1004 ; and ( 6 ) Updates to the information provided in § 54.1005(b)(2)(v) . ( b ) The party submitting the annual report must certify that they have been authorized to do so by the winning bidder. ( c ) Each annual report shall be submitted to the Office of the Secretary of the Commission, clearly referencing GN Docket No. 20-104; the Administrator; and the relevant state commissions, relevant authority in a U.S. Territory, or Tribal governments, as appropriate. [ 76 FR 73877 , Nov. 29, 2011, as amended at 77 FR 30915 , May 24, 2012; 85 FR 34527 , June 5, 2020] § 54.1010 Record retention for Mobility Fund Phase I. A winning bidder authorized to receive Mobility Fund Phase I support and its agents are required to retain any documentation prepared for, or in connection with, the award of Mobility Fund Phase I support for a period of not less than ten (10) years after the date on which the winning bidder receives its final disbursement of Mobility Fund Phase I support. § 54.1011 5G Fund. ( a ) The Commission will use competitive bidding, as provided in part 1, subpart AA, of this chapter, to determine the recipients of support available through the 5G Fund and the amount(s) of support that they may receive for specific geographic areas, subject to applicable post-auction procedures. ( b ) 5G Fund support will be awarded in two phases using multi-round, descending clock auctions. ( c ) Areas eligible for 5G Fund Phase I support will be those areas identified by the Office of Economics and Analytics and Wireline Competition Bureau in a public notice as showing a lack of 4G Long Term Evolution (LTE) and 5G coverage on an unsubsidized basis based on the mobile broadband coverage maps created by the Commission using coverage data submitted in the Digital Opportunity Data Collection pursuant to § 1.7004(c)(3) . ( d ) The Commission will incorporate an adjustment factor into the 5G Fund auction design that will assign a weight to each geographic area eligible in the 5G Fund Phase I auction using the adjustment factor values adopted by the Office of Economics and Analytics and Wireline Competition Bureau and announced in a public notice. ( e ) The Commission will incorporate an adjustment factor into the methodology for disaggregation of high-cost legacy support pursuant to § 54.307(e)(5)(iii) and (e)(5)(iv) that will assign a weight to each geographic area using the adjustment factor values adopted by the Office of Economics and Analytics and Wireline Competition Bureau and announced in a public notice. § 54.1012 Geographic areas eligible for support. ( a ) 5G Fund support will be made available for geographic areas identified as eligible by public notice. ( b ) Coverage units for purposes of conducting competitive bidding and disbursing support based on square kilometers will be identified by public notice for each area eligible for support. § 54.1013 Applicant eligibility. ( a ) An applicant for 5G Fund support shall be an eligible telecommunications carrier in an area in order to receive 5G Fund support for that area. The applicant may obtain its designation as an eligible telecommunications carrier after the close of a 5G Fund auction, provided that the applicant submits proof of its designation within 180 days after the release of the public notice identifying the applicant as a winning bidder. The eligible telecommunications carrier service area of a 5G Fund support recipient will not be required to conform to the service area of the rural telephone company serving the same area. An applicant for 5G Fund support shall not receive such support prior to the submission of proof of its designation as an eligible telecommunications carrier. After such submission, the eligible telecommunications carrier shall receive a balloon payment that will consist of the carrier's monthly 5G Fund support amount multiplied by the number of whole months between the first day of the month after the close of the auction and the issuance of the public notice authorizing the carrier to receive 5G Fund support. ( b ) An applicant must have exclusive access to Commission licensed spectrum and sufficient bandwidth in an area that enables it to satisfy the performance requirements specified in § 54.1015 in order to receive 5G Fund support for that area. The applicant shall describe its access to spectrum as specified in § 54.1014(a)(3) and certify, in a form acceptable to the Commission, that it has such access and sufficient bandwidth (at a minimum, 10 megahertz x 10 megahertz using frequency division duplex (FDD) or 20 megahertz using time division duplex (TDD)) in each area in which it intends to bid for support at the time it applies to participate in competitive bidding, and that it will retain such access for at least ten (10) years after the date on which it is authorized to receive support. A winning bidder that applies for 5G Fund support applicant shall describe its access to spectrum as specified in § 54.1014(b)(2)(v) at the time it applies for support and certify, in a form acceptable to the Commission, that it has such access and sufficient bandwidth (at a minimum, 10 megahertz x 10 megahertz using frequency division duplex (FDD) or 20 megahertz using time division duplex (TDD)) in each area in which it is applying for support, and that it will retain such access for at least ten (10) years after the date on which it is authorized to receive support. ( c ) An applicant shall certify that it is financially and technically qualified to provide the services supported by the 5G Fund within the ten (10) year support term in each geographic area for which it seeks and is authorized to receive support. § 54.1014 Application process. ( a ) Application to participate in competitive bidding for 5G Fund support. In addition to providing the information specified in § 1.21001(b) of this chapter and any other information required by the Commission, an applicant to participate in competitive bidding for 5G Fund support shall: ( 1 ) Certify that the applicant is financially and technically capable of meeting the public interest obligations and performance requirements in § 54.1015 in each area for which it seeks support; ( 2 ) Disclose its status as an eligible telecommunications carrier in any area for which it will seek support and associated study area code(s) or as an entity that will file an application to become an eligible telecommunications carrier in any such area after being identified as a winning bidder for such area in a 5G Fund auction, and certify that the disclosure is accurate; ( 3 ) Describe the Commission licensed spectrum to which the applicant has exclusive access that the applicant plans to use to meet its public interest obligations and performance requirements in areas for which it will bid for support, including whether the applicant currently holds a license for or leases the spectrum, including any necessary renewal expectancy, and whether such spectrum access is contingent upon receiving support in a 5G Fund auction, the license applicable to the spectrum to be accessed, the type of service covered by the license, the particular frequency band(s), the call sign, and the total amount of bandwidth (in megahertz) to which the applicant has access under the license applicable to the spectrum to be accessed, and certify that the description is accurate, that the applicant has access to spectrum in each area for which it intends to bid for support, and that the applicant will retain such access for at least ten (10) years after the date on which it is authorized to receive 5G Fund support; ( 4 ) Submit specified operational and financial information; ( i ) Indicate whether the applicant has been providing mobile wireless voice and/or mobile wireless broadband service for at least three years prior to the short-form application deadline (or is a wholly-owned subsidiary of an entity that has been providing such service for at least three years). An applicant for a 5G Fund auction will be deemed to have started providing mobile wireless broadband service on the date it began commercially offering service to end users. If the applicant is applying as a consortium or joint venture, the applicant will be permitted to rely on the length of time a member of the consortium or joint venture has been providing mobile service prior to the short-form application deadline in responding to this question; ( ii ) If the applicant has been providing mobile wireless voice and/or mobile wireless broadband service for at least three years prior to the short-form application deadline (or is a wholly-owned subsidiary of an entity that has been providing such service for at least three years), it must: ( A ) Certify that the applicant has been providing mobile wireless voice and/or mobile wireless broadband service for at least three years prior to the short-form application deadline (or is a wholly-owned subsidiary of an entity that has been providing such service for at least three years), ( B ) Specify the number of years it (or its parent company, if it is a wholly-owned subsidiary) has been providing such service, ( C ) Certify that it (or its parent company, if it is a wholly-owned subsidiary) has submitted mobile wireless voice and/or mobile wireless broadband data as required on FCC Form 477 and/or in the Digital Opportunity Data Collection, as applicable, during that time period, ( D ) Provide each of the FCC Registration Numbers (FRNs) that the applicant or its parent company (and in the case of a holding company applicant, its operating companies) has used to submit mobile wireless voice and/or mobile wireless broadband data on FCC Form 477 and/or in the Digital Opportunity Data Collection, as applicable, during that time period. ( iii ) If the applicant has been providing mobile wireless voice and/or mobile wireless broadband service for fewer than three years prior to the application deadline (or is not a wholly-owned subsidiary of an entity that has been providing such service for at least three years), it must: ( A ) submit information concerning its operational history and a preliminary project description as prescribed by the Commission or the Office of Economics and Analytics and the Wireline Competition Bureau in a public notice; ( B ) submit a letter of interest from a qualified bank that meets the qualifications set forth in § 54.1016 stating that the bank would provide a letter of credit as described in section to the applicant if the applicant becomes a winning bidder for bids of a certain dollar magnitude, as well as the maximum dollar amount for which the bank would be willing to issue a letter of credit to the applicant; and ( C ) submit a statement that the bank would be willing to issue a letter of credit that is substantially in the same form as the Commission's model letter of credit. ( 5 ) Certify that it will be subject to a forfeiture pursuant to § 1.21004 in the event of an auction default; and ( 6 ) Certify that the party submitting the application is authorized to do so on behalf of the applicant. ( b ) Application by winning bidders for 5G Fund support — ( 1 ) Deadline. Unless otherwise provided by public notice, winning bidders for 5G Fund support shall file an application for 5G Fund support no later than ten (10) business days after the public notice identifying them as winning bidders. ( 2 ) Application contents. An application for 5G Fund support must contain: ( i ) Identification of the party seeking the support, including ownership information as set forth in § 1.2112(a) of this chapter ; ( ii ) Updated information regarding the agreements, arrangements, or understandings related to 5G Fund support disclosed in the application to participate in competitive bidding for 5G Fund support. A winning bidder may also be required to disclose in its application for 5G Fund support the specific terms, conditions, and parties involved in any agreement into which it has entered and the agreement itself; ( iii ) Certification that the applicant is financially and technically capable of providing the required coverage and performance levels within the specified timeframe in the geographic areas in which it won support; ( iv ) Proof of the applicant's status as an eligible telecommunications carrier, or a statement that the applicant will become an eligible telecommunications carrier in any area for which it seeks support within 180 days of the public notice identifying them as winning bidders, and certification that the proof is accurate; ( v ) A description of the Commission licensed spectrum to which the applicant has exclusive access that the applicant plans to use to meet its public interest obligations and performance requirements in areas for which it is winning bidder for support, including whether the applicant currently holds a license for or leases the spectrum, along with any necessary renewal expectancy, the license applicable to the spectrum to be accessed, the type of service covered by the license, the particular frequency band(s), the call sign, and the total amount of bandwidth (in megahertz) to which the applicant has access under the license applicable to the spectrum to be accessed, and certification that the description is accurate, that the winning bidder has access to spectrum in each area for which it is applying for support, and that the applicant will retain such access for the entire ten (10) year 5G Fund support term; ( vi ) A detailed project description that describes the network to be built, identifies the proposed technology, demonstrates that the project is technically feasible, discloses the complete project budget, and discusses each specific phase of the project ( e.g., network design, construction, deployment, and maintenance), as well as a complete project schedule, including timelines, milestones, and costs; ( vii ) Certifications that the applicant has available funds for all project costs that exceed the amount of support to be received from 5G Fund and that the applicant will comply with all program requirements, including the public interest obligations and performance requirements set forth in § 54.1015 ; ( viii ) Any guarantee of performance that the Commission may require by public notice or other proceedings, including but not limited to the letters of credit and opinion letter required in § 54.1016 , or a written commitment from an acceptable bank, as defined in § 54.1016 , to issue such a letter of credit; ( ix ) Certification that the applicant will offer services in supported areas at rates that are reasonably comparable to the rates the applicant charges in urban areas; ( x ) Certification that the party submitting the application is authorized to do so on behalf of the applicant; and ( xi ) Such additional information as the Commission may require. ( 3 ) Application processing. ( i ) No application will be considered unless it has been submitted in an acceptable form during the period specified by public notice. No applications submitted or demonstrations made at any other time shall be accepted or considered. ( ii ) Any application that, as of the submission deadline, either does not identify the applicant seeking support as specified in the public notice announcing application procedures, or does not include required certifications, shall be denied. ( iii ) An applicant may be afforded an opportunity to make minor modifications to amend its application or correct defects noted by the applicant, the Commission, the Administrator, or other parties. Minor modifications include correcting typographical errors in the application and supplying non-material information that was inadvertently omitted or was not available at the time the application was submitted. ( iv ) Applications to which major modifications are made after the deadline for submitting applications shall be denied. Major modifications include, but are not limited to, any changes in the ownership of the applicant that constitute an assignment or change of control, or the identity of the applicant, or the certifications required in the application. ( v ) After receipt and review of the applications, a public notice shall identify each winning bidder that may be authorized to receive 5G Fund support, after the winning bidder submits a Letter of Credit and an accompanying opinion letter from its outside legal counsel as required by § 54.1016 , in a form acceptable to the Commission, and any final designation as an eligible telecommunications carrier that any applicant may still require. Each such winning bidder shall submit a Letter of Credit and an accompanying opinion letter from its outside legal counsel as required by § 54.1016 , in a form acceptable to the Commission, and any required final designation as an eligible telecommunications carrier no later than ten (10) business days following the release of the public notice. ( vi ) After receipt of all necessary information, a public notice will identify each winning bidder that is authorized to receive 5G Fund support. Effective Date Note Effective Date Note: At 85 FR 75822 , Nov. 25, 2020, § 54.1014 was revised, however, paragraphs (a) and (b)(2) have a delayed effective date. § 54.1015 Public interest obligations and performance requirements for 5G Fund support recipients. ( a ) General. A 5G Fund support recipient shall deploy voice and data services that meet at least the 5G-NR (New Radio) technology standards developed by the 3rd Generation Partnership Project with Release 15, or any successor release that may be adopted by the Office of Economics and Analytics and the Wireline Competition Bureau after notice and comment. ( b ) Interim and final service milestones and deadlines. A 5G Fund support recipient shall deploy 5G service as specified in paragraph (a) of this section as follows: ( 1 ) Year three interim service milestone deadline. A support recipient shall deploy service that meets the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 40 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive 5G Fund support in a state no later than December 31 of the third full calendar year following authorization of support. ( 2 ) Year four interim service milestone deadline. A support recipient shall deploy service that meets the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 60 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive 5G Fund support in a state no later than December 31 of the fourth full calendar year following authorization of support. ( 3 ) Year five interim service milestone deadline. A recipient shall deploy service that meets the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 80 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive 5G Fund support in a state no later than December 31 of the fifth full calendar year following authorization of support. ( 4 ) Year six final service milestone deadline. A support recipient shall deploy service that meets the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 85 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive 5G Fund support in a state no later than December 31 of the sixth full calendar year following funding authorization. In addition, a recipient shall deploy service meeting the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 75 percent of the total square kilometers associated with every census tract or census block group for which it was authorized to receive 5G Fund support no later than December 31 of the sixth full calendar year following authorization of support. ( 5 ) Optional year two interim service milestone deadline. A support recipient may, at its option, deploy service that meets the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 20 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive 5G Fund support in a state no later than December 31 of the second full calendar year following funding authorization. Meeting this optional interim service milestone would permit the support recipient, after confirmation of the service deployment by the Administrator, to reduce its letter of credit so that it is valued at an amount equal to one year of support as described in § 54.1016(a)(1)(v) . ( c ) Performance requirements. A recipient authorized to receive 5G Fund support shall meet the following minimum baseline performance requirements for data speeds, data latency, and data allowances in areas where it receives support: ( 1 ) Median of 35 Mbps download and 3 Mbps upload, and with at least 90 percent of measurements recording data transmission rates of not less than 7 Mbps download and 1 Mbps upload; and ( 2 ) Transmission latency of 100 milliseconds or less round trip for successfully transmitted measurements ( i.e., ignoring lost or timed-out packets), with at least 90 percent of measurements recording latency of 100 milliseconds or less round trip. ( 3 ) At least one service plan offered must include a data allowance that is equivalent to the average United States subscriber data usage as specified by public notice. ( d ) Collocation obligations. During the 5G Fund support term, a recipient authorized to receive 5G Fund support shall allow for reasonable collocation by other carriers of services that would meet the technological requirements of the 5G Fund on all newly constructed cell-site infrastructure constructed with universal service funds that it owns or manages in the area(s) for which it receives 5G Fund support. In addition, during the 5G Fund support term, the recipient may not enter into facilities access arrangements that restrict any party to the arrangement from allowing others to collocate on the newly constructed cell-site infrastructure. ( e ) Voice and data roaming obligations. A recipient authorized to receive 5G Fund support shall comply with the Commission's voice and data roaming requirements that are currently in effect on networks that are built with 5G Fund support. ( f ) Reasonably comparable rates. A recipient authorized to receive 5G Fund support shall offer its services in the areas for which it is authorized to receive support at rates that are reasonably comparable to those rates offered in urban areas and must advertise the voice and broadband services it offers in its subsidized service areas. A 5G Fund support recipient's rates shall be considered reasonably comparable to urban rates, based upon the most recently available decennial U.S. Census Bureau data identifying areas as urban, if rates for services in rural areas fall within a reasonable range of urban rates for reasonably comparable voice and broadband services. ( 1 ) If the recipient offers service in urban areas, it may demonstrate that it offers reasonably comparable rates if it offers the same rates, terms, and conditions (including usage allowances, if any, for a specific rate) in both urban and rural areas or if one of the carrier's rural stand-alone voice service plans and one rural service plan offering data are substantially similar to plans it offers in urban areas. ( 2 ) If the recipient does not offer service in urban areas, it may demonstrate that it offers reasonably comparable rates by identifying a carrier that does offer service in urban areas and the specific rate plans to which its rural plans are reasonably comparable, along with submission of corroborating evidence that its rates are reasonably comparable, such as marketing materials from the identified carrier. ( g ) Liability for failure to comply with performance requirements and public interest obligations. A support recipient that fails to comply with the performance requirements set forth in paragraph (c) of this section is subject to the non-compliance measures set forth in § 54.1020 . A support recipient that fails to comply with the public interest obligations or any other terms and conditions associated with receiving 5G Fund support may be subject to action, including the Commission's existing enforcement procedures and penalties, reductions in support amounts, revocation of eligible telecommunications carrier designation, and suspension or debarment pursuant to § 54.8 . § 54.1016 Letter of credit. ( a ) Before being authorized to receive 5G Fund support, a winning bidder shall obtain an irrevocable standby letter of credit which shall be acceptable in all respects to the Commission. ( 1 ) Each winning bidder that becomes authorized to receive 5G Fund support shall maintain the standby letter of credit in an amount equal to, at a minimum, one year of support, until the Administrator has verified that the support recipient serves at least 85 percent of the eligible square kilometers for which it is authorized to receive support in a state, and at least 75 percent of the eligible square kilometers in each eligible census tract, by the Year Six Final Service Milestone.. ( i ) For Year One of a support recipient's support term, it must obtain a letter of credit valued at an amount equal to one year of support. ( ii ) For Year Two of a support recipient's support term, it must obtain a letter of credit valued at an amount equal to eighteen months of support. ( iii ) For Year Three of a support recipient's support term, it must obtain a letter of credit valued at an amount equal to two years of support. ( iv ) For Year Four of a support recipient's support term, and for each year thereafter unless the support recipient is allowed to reduce it pursuant to § 54.1015(b) , it must obtain a letter of credit valued at an amount equal to three years of support. ( v ) A support recipient may obtain a new letter of credit or renew its existing letter of credit so that it is valued at an amount equal to one year of support once it meets its optional or required service milestones as specified in § 54.1015(b) . The recipient may obtain or renew this letter of credit upon verification by the Administrator that it has deployed service that meets the 5G Fund deadlines as specified in § 54.1015(b) and performance requirements as specified in § 54.1015(c) . The recipient may maintain its letter of credit at this level for the remainder of its deployment term, so long as the Administrator verifies that the recipient successfully and timely meets its remaining required interim and final service milestones. ( vi ) A support recipient that fails to meet its required interim service milestones must obtain a new letter of credit or renew its existing letter of credit valued at an amount equal to its existing letter of credit, plus an additional year of support, up to a maximum of three years of support. ( vii ) A support recipient that fails to meet two or more required interim service milestones must maintain a letter of credit valued at an amount equal to three years of support and may be subject to additional noncompliance penalties as set forth in § 54.1020 . ( 2 ) The bank issuing the letter of credit shall be acceptable to the Commission. A bank that is acceptable to the Commission is: ( i ) Any United States bank: ( A ) That is insured by the Federal Deposit Insurance Corporation, and ( B ) That has a bank safety rating issued by Weiss of B−or better; or ( ii ) CoBank, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB− or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iii ) The National Rural Utilities Cooperative Finance Corporation, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB− or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iv ) Any non-United States bank: ( A ) That is among the 100 largest non-U.S. banks in the world, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit (determined on a U.S. dollar equivalent basis as of such date); ( B ) Has a branch office (i) Located in the District of Columbia; or (ii) Located in New York City, New York, or such other branch office agreed to by the Commission, that will accept a letter of credit presentation from the Administrator via overnight courier, in addition to in-person presentations; and ( C ) Has a long-term unsecured credit rating issued by a widely recognized credit rating agency that is equivalent to a BBB− or better rating by Standard & Poor's; and ( D ) Issues the letter of credit payable in United States dollars. ( b ) Before being authorized to receive 5G Fund support, a winning bidder shall obtain an opinion letter from its outside legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that in a proceeding under Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the “Bankruptcy Code”), that the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the winning bidder's bankruptcy estate, or the bankruptcy estate of any other winning bidder-related entity requesting issuance of the letter of credit, under section 541 of the Bankruptcy Code. ( c ) Authorization to receive 5G Fund support is conditioned upon full and timely performance of all of the performance requirements set forth in § 54.1015(c) , and any additional terms and conditions upon which the support was granted. ( 1 ) Failure by a 5G Fund support recipient to meet any of the service milestones set forth in § 54.1015(b) will trigger reporting obligations and the withholding of support as described in § 54.1020 . Failure to come into full compliance during the relevant cure period as described in § 54.1020(b)(4)(ii) or § 54.1020(c) will trigger a recovery action by the Administrator set forth in § 54.1020(b)(4)(ii) or § 54.1020(c) , as applicable. If the recipient authorized to receive 5G Fund support does not repay the requisite amount of support within six months, the Administrator will be entitled to draw upon the entire amount of the letter of credit and may disqualify the 5G Fund support recipient from the receipt of 5G Fund support or additional universal service support. ( 2 ) The default will be evidenced by a letter issued by the Chief of the Wireline Competition Bureau, or its respective designees, which letter, describing the performance default and attached to a standby letter of credit draw certificate, shall be sufficient for a draw on the standby letter of credit for the entire amount of the standby letter of credit. Effective Date Note Effective Date Note: At 85 FR 75822 , Nov. 25, 2020, § 54.1016 was revised, however, paragraph (b) has a delayed effective date. § 54.1017 5G Fund support disbursements. ( a ) A winning bidder of 5G Fund support will be advised by public notice whether it has been authorized to receive support. ( b ) 5G Fund support will be disbursed on a monthly basis to a recipient for ten (10) years following the date on which it is authorized to receive support. ( c ) If a 5G Fund support recipient fails to comply with the performance requirements of the 5G Fund, the Administrator shall reduce, pause, or freeze, the monthly payments to the recipient until the recipient cures the non-compliance, as provided in § 54.1020 . As set forth in § 54.1015(g) , if a support recipient fails to comply with the public interest obligations or any other terms and conditions associated with receiving 5G Fund support , it may be subject reductions or suspension of support amounts. ( d ) A winning bidder of 5G Fund support may not use such support to fulfill any enforceable commitments with the Commission to deploy 5G service. § 54.1018 Annual reports. ( a ) A 5G Fund support recipient authorized to receive 5G Fund support shall submit an annual report to the Administrator no later than July 1 of each year after the year in which it was authorized to receive support. Each support recipient shall certify in its annual report that it is in compliance with the public interest obligations, performance requirements, and all of the terms and conditions associated with the receipt of 5G Fund support in order to continue receiving 5G Fund support disbursements. ( b ) All 5G Fund support recipients shall supplement the information provided in an annual report to the Administrator within 10 business days from the onset of any reduction in the percentage of the total eligible square kilometers being served in a state after the filing of an annual certification report or in the event of any failure to comply with any of the 5G Fund requirements. ( c ) The party submitting the annual report must certify that it has been authorized to do so by the 5G Fund support recipient. ( d ) Each annual report shall be submitted solely via the Administrator's online portal. ( 1 ) The Commission and the Administrator shall treat infrastructure data submitted as part of such a report as presumptively confidential. ( 2 ) The Administrator shall make such reports available to the Commission and to the relevant state, territory, and Tribal governmental entities, as applicable. ( e ) A 5G Fund support recipient shall have a continuing obligation to maintain the accuracy and completeness of the information provided in its annual reports. Any substantial change in the accuracy or completeness of any annual report must be reported as an update to the submitted annual report within ten (10) business days after the reportable event occurs. ( f ) The Commission shall retain the authority to look behind 5G Fund support recipients' annual reports and to take action to address any violations. Effective Date Note Effective Date Note: At 85 FR 75822 , Nov. 25, 2020, § 54.1018 was revised, however, paragraphs (a), (b) and (c) have a delayed effective date. § 54.1019 Interim service and final service milestone reports. ( a ) A recipient authorized to receive 5G Fund support shall submit a report to the Administrator on or before March 1 after the third, fourth, fifth, and sixth service milestone deadlines established in § 54.1015(b) demonstrating that it has deployed service meeting the 5G Fund performance requirements specified in § 54.1015(c) , which shall include the following: ( 1 ) Certifications to representative data submitted in the Digital Opportunity Data Collection or as part of FCC Form 477, as applicable, demonstrating mobile transmissions to and from the network that establish compliance with the 5G Fund coverage, speed, and latency requirements; ( 2 ) On-the-ground measurement tests to substantiate 5G broadband coverage data: ( i ) With at least three tests conducted per square kilometer, measured by overlaying a uniform grid of one square kilometer (1 km by 1 km) on the recipient's submitted in-vehicle 5G coverage maps within the area for which 5G Fund support was awarded; ( ii ) For a subset of drive-testable grid cells, such that the minimum percentage of drive-testable grid cells tested equals the minimum percentage of coverage required for each service buildout milestone ( i.e., interim milestones of 40 percent, 60 percent, and 80 percent, and the final milestone of 85 percent), with previously reported testing being cumulative; and ( iii ) Where a drive-testable grid cell is any grid cell that has more than the de minimis amount of total roads specified in a public notice, based upon the most recent roadway data from the U.S. Census Bureau available for this purpose, considering roads classified in the primary road (S1100), secondary road (S1200), local road (S1400), and service drive (S1640) categories. ( 3 ) Detailed cell-site and sector infrastructure information; and ( 4 ) Additional information as required by the Commission in a public notice. ( b ) All data submitted and certified to in compliance with a recipient's public interest obligations in the milestone report shall be in compliance with standards set forth in the applicable public notice and shall be certified by a professional engineer. ( c ) Each service milestone report shall be submitted solely via the Administrator's online portal. ( d ) All data submitted in and certified to in any service milestone report shall be subject to verification by the Administrator for compliance with the 5G Fund performance requirements specified in § 54.1015(c) . Effective Date Note Effective Date Note: At 85 FR 75822 , Nov. 25, 2020, § 54.1019 was revised, however, paragraphs (a)(1) through (a)(4) have a delayed effective date. § 54.1020 Non-compliance measures for 5G Fund support recipients. ( a ) General. A 5G Fund support recipient that has not deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) to at least 20 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive support in a state by the Year Three Interim Service Milestone deadline must notify the Commission and the Administrator within ten (10) business days after the Year Three Interim Service Milestone deadline that it failed to meet this milestone. Upon such notification, the support recipient will be deemed to be in default. The Wireline Competition Bureau will issue a letter evidencing the default and the support recipient will be subject to full support recovery. The provisions of paragraph (b) of this section will not be applicable to such a support recipient. ( b ) Interim service milestones. A 5G Fund support recipient must notify the Commission, the Administrator, and the relevant state, U.S. Territory, or Tribal government, if applicable, within ten (10) business days after the applicable interim service milestone deadline if it has failed to meet an interim milestone. Upon notification that a support recipient has defaulted on an interim service milestone, the Wireline Competition Bureau will issue a letter evidencing the default. For purposes of determining whether a default has occurred, the support recipient must be offering service meeting the requisite performance requirements specified in § 54.1015(c) . The issuance of this letter shall initiate reporting obligations and withholding of a percentage of the 5G Fund support recipient's total monthly 5G Fund support, if applicable, starting the month after issuance of the letter: ( 1 ) Tier 1. If a support recipient has a compliance gap of at least five percent but less than 15 percent of the total square kilometers associated with the eligible areas in a state for which it is to have deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) by the interim service milestone, the Wireline Competition Bureau will issue a letter to that effect. Starting three months after the issuance of this letter, a support recipient will be required to file a report with the Administrator every three months that identifies the eligible square kilometers to which the support recipient has newly deployed facilities capable of delivering service that meets the requisite 5G Fund performance requirements in the previous quarter. The support recipient must continue to file quarterly reports until it has reported, and the Administrator has verified, that it has reduced the compliance gap to less than five percent of the total square kilometers associated with the eligible areas for which it is authorized to receive support in a state by that interim service milestone and the Wireline Competition Bureau issues a letter to that effect. A support recipient that files a quarterly report late, but within seven days after the due date established by the letter issued by the Wireline Competition Bureau for filing the report, will have its 5G Fund support reduced by an amount equivalent to seven days of support. If a support recipient does not file a report within seven days after the report's due date, it will have its 5G Fund support reduced on a pro-rata daily basis equivalent to the period of non-compliance, plus the minimum seven-day reduction, until such time as the quarterly report is filed. ( 2 ) Tier 2. If a support recipient has a compliance gap of at least 15 percent but less than 25 percent of the total square kilometers associated with the eligible areas in a state for which it is to have deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) by the interim service milestone, the Administrator will withhold 15 percent of the support recipient's monthly support for that state and the support recipient will be required to file quarterly reports with the Administrator. Once the support recipient has reported, and the Administrator has verified, that it has reduced the compliance gap to less than 15 percent of the required eligible square kilometers for that interim service milestone for that state, the Wireline Competition Bureau will issue a letter to that effect, the Administrator will stop withholding support, and the support recipient will receive all of the support that had been withheld. The support recipient will then move to Tier 1 status. ( 3 ) Tier 3. If a support recipient has a compliance gap of at least 25 percent but less than 50 percent of the total square kilometers associated with the eligible areas in a state for which it is to have deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) by the interim service milestone, the Administrator will withhold 25 percent of the support recipient's monthly support for that state and the support recipient will be required to file quarterly reports with the Administrator. Once the support recipient has reported, and the Administrator has verified, that it has reduced the compliance gap to less than 25 percent of the required eligible square kilometers for that interim service milestone for that state, the Wireline Competition Bureau will issue a letter to that effect, and the support recipient will move to Tier 2 or Tier 1 status, as applicable. ( 4 ) Tier 4. If a support recipient has a compliance gap of 50 percent or more of the total square kilometers associated with the eligible areas in a state for which it is to have deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) by the interim service milestone: ( i ) The Administrator will withhold 50 percent of the support recipient's monthly support for that state and the support recipient will then be required to file quarterly reports with the Administrator. As with the other tiers, as the support recipient reports, and the Administrator verifies, that it has lessened the extent of its non-compliance, and the Wireline Competition Bureau issues a letter to that effect, it will move through the tiers until it reaches Tier 1 (or no longer is out of compliance with the applicable interim service milestone). ( ii ) If after having 50 percent of its support withheld for six months, the support recipient has not reported that it is eligible for Tier 3 status (or one of the lower tiers), the Administrator will withhold 100 percent of the support recipient's forthcoming monthly support for that state and will commence a recovery action for a percentage of support that is equal to the support recipient's compliance gap plus 10 percent of the support recipient's support in that state that has been disbursed to that date. ( 5 ) If at any point prior to the Year Six Final Service Milestone the support recipient reports, and the Administrator verifies, that it is eligible for Tier 1 status or that it is no longer out of compliance with the 5G Fund performance requirements specified in § 54.1015(c) , it will have its support fully restored and the Administrator will repay any funds that were recovered or withheld. ( c ) Year six final service milestone. A 5G Fund support recipient must notify the Commission, the Administrator, and the relevant state, U.S. Territory, or Tribal government, if applicable, within 10 business days if it has failed to meet the Year Six Final Milestone. Upon notification that the support recipient has not met the Year Six Final Service Milestone, the support recipient will have twelve months from the date of the Year Six Final Milestone deadline to come into full compliance with this milestone. If the support recipient does not report that it has come into full compliance with the Year Six Final Milestone within twelve months, as verified by the Administrator, the Wireline Competition Bureau will issue a letter to this effect. Recipients of 5G Fund support shall be subject to the following non-compliance measures related to the recovery of support after this grace period: ( 1 ) If a support recipient has deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) to at least 80 percent of the total eligible square kilometers in a state, but less than the required 85 percent of the total eligible square kilometers in that state, the Administrator will recover an amount of support that is equal to 1.25 times the average amount of support per square kilometer that the support recipient has received in the state times the number of square kilometers unserved up to the 85 percent requirement; ( 2 ) If a support recipient has deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) to at least 75 percent, but less than 80 percent, of the total eligible square kilometers in that state, the Administrator will recover an amount of support that is equal to 1.5 times the average amount of support per square kilometer that the support recipient has received in the state times the number of square kilometers unserved up to the 85 percent requirement, plus 5 percent of the support recipient's total 5G Fund support for the 10 year support term for that state; ( 3 ) If a support recipient has deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) to less than 75 percent of the total eligible square kilometers in a state, the Administrator will recover an amount of support that is equal to 1.75 times the average amount of support per square kilometer that the support recipient has received in the state times the number of square kilometers unserved up to the 85 percent requirement, plus 10 percent of the support recipient's total 5G Fund support for the 10 year support term for that state. ( d ) Additional evidence required at year six final service milestone deadline. At the Year Six Final Service Milestone deadline, a 5G Fund support recipient is also required to provide evidence, which is subject to verification by the Administrator, that it has provided service that meets the 5G Fund performance requirements specified in § 54.1015(c) to at least 75 percent of the total square kilometers for each census tract or census tract group in which it was authorized to receive support. If after the grace period permitted in paragraph (c) of this section the Administrator has not verified based on the evidence provided that the support recipient has provided service that meets the 5G Fund performance requirements specified in § 54.1015(c) to at least 75 percent of the total square kilometers for each census tract or census tract group in which it was authorized to receive support, the Administrator will recover an amount of support that is equal to 1.5 times the average amount of support per square kilometer that the support recipient had received in the eligible area times the number of square kilometers unserved within that eligible area, up to the 75 percent requirement. ( e ) Compliance reviews. If the Administrator determines subsequent to the Year Six Final Service Milestone that a support recipient does not have sufficient evidence to demonstrate that it continues to offer service that meets the 5G Fund performance requirements specified in § 54.1015(c) to all of the eligible square kilometers in the state as required by the Year Six Final Service Milestone, the Administrator shall immediately recover a percentage of support from the support recipient as specified in paragraphs (c)(1) through (c)(3) and (d) of this section. Effective Date Note Effective Date Note: At 85 FR 75822 , Nov. 25, 2020, § 54.1020 was revised, however, paragraphs (a), (b), and (c)(1) and (c)(2) have a delayed effective date. § 54.1021 Record retention for the 5G Fund. A recipient authorized to receive 5G Fund support and its agents are required to retain any documentation prepared for, or in connection with, the award of the 5G Fund support for a period of not less than ten (10) years after the date on which the recipient receives its final disbursement of 5G Fund support. Subpart M—High Cost Loop Support for Rate-of-Return Carriers Source: 79 FR 39190 , July 9, 2014, unless otherwise noted. § 54.1301 General. ( a ) This subpart addresses support for loop-related costs included in § 54.1308 . The expense adjustment calculated pursuant to this subpart M shall be added to interstate expenses and deducted from state expenses after expenses and taxes have been apportioned pursuant to subpart D of part 36 of this chapter . Beginning January 1, 2012, this subpart will only apply to incumbent local exchange carriers that are rate-of-return carriers not affiliated, as “affiliated companies” are defined in § 32.9000 of this chapter , with price cap local exchange carriers. Rate-of-return carriers and price cap local exchange carriers are defined pursuant to § 54.5 and § 61.3(bb) of this chapter , respectively. ( b ) The expense adjustment will be computed on the basis of data for a preceding calendar year. [ 79 FR 39190 , July 9, 2014, as amended at 89 FR 25163 , Apr. 10, 2024] § 54.1302 Calculation of incumbent local exchange carrier portion of nationwide loop cost expense adjustment for rate-of-return carriers. ( a ) Beginning January 1, 2013, and each calendar year thereafter, the total annual amount of the incumbent local exchange carrier portion of the nationwide loop cost expense adjustment shall not exceed the amount for the immediately preceding calendar year, multiplied times one plus the Rural Growth Factor calculated pursuant to § 54.1303 . Beginning January 1, 2021, and each calendar year thereafter, the base amount of the nationwide loop cost expense adjustment shall be the annualized amount of the final six months of the preceding calendar year. The total amount of the incumbent local exchange carrier portion of the nationwide loop cost expense adjustment for the first six months of the calendar year shall be the base amount divided by two and for the second six months of the calendar year shall be the base amount divided by two, multiplied times one plus the Rural Growth Factor calculated pursuant to § 54.1303 . ( b ) The annual rural incumbent local exchange carrier portion of the nationwide loop cost expense adjustment shall be reduced to reflect the transfer of rural incumbent local exchange carrier access lines that are eligible for expense adjustments pursuant to § 54.1310 . The reduction shall equal the amount of the § 54.1310 expense adjustment available to the transferred access lines at the time of the transfer and shall be effective in the next calendar quarter after the access lines are transferred. ( c ) Safety net additive support calculated pursuant to § 54.1304 , and transferred high-cost support and safety valve support calculated pursuant to § 54.305 of this part shall not be included in the rural incumbent local exchange carrier portion of the annual nationwide loop cost expense adjustment. [ 79 FR 39190 , July 9, 2014, as amended at 89 FR 25163 , Apr. 10, 2024] § 54.1303 Calculation of the rural growth factor. ( a ) The Rural Growth Factor (RGF) is equal to the sum of the annual percentage change in the United States Department of Commerce's Gross Domestic Product—Chained Price Index (GPD-CPI) plus the percentage change in the total number of rural incumbent local exchange carrier working loops during the calendar year preceding the July 31st filing submitted pursuant to § 54.1305 . The percentage change in total rural incumbent local exchange carrier working loops shall be based upon the difference between the total number of rural incumbent local exchange carrier working loops on December 31 of the calendar year preceding the July 31st filing and the total number of rural incumbent local exchange carrier working loops on December 31 of the second calendar year preceding that filing, both determined by the company's submissions pursuant to § 54.1305 . Loops acquired by rural incumbent local exchange carriers shall not be included in the RGF calculation. ( b ) Beginning July 31, 2012, pursuant to § 54.1301(a) , the calculation of the Rural Growth Factor shall not include price cap carrier working loops and rate-of-return local exchange carrier working loops of companies that were affiliated with price cap carriers during the calendar year preceding the July 31st filing submitted pursuant to § 54.1305 . § 54.1304 Calculation of safety net additive. ( a ) Safety net additive support. Only those local exchange carriers that qualified for safety net additive based on 2011 or prior year costs shall be eligible to receive safety net additive pursuant to paragraph (c) of this section. A local exchange carrier shall not receive safety net additive unless the carrier's realized total growth in Telecommunications Plant in Service (TPIS) was more than 14 percent in 2011 or earlier, pursuant to paragraph (c) of this section. ( b ) Calculation of safety net additive support for companies that qualified based on 2011 or prior year costs. Safety net additive support is equal to the amount of capped support calculated pursuant to this subpart M in the qualifying year minus the amount of support in the year prior to qualifying for support subtracted from the difference between the uncapped expense adjustment for the study area in the qualifying year minus the uncapped expense adjustment in the year prior to qualifying for support as shown in the following equation: Safety net additive support = (Uncapped support in the qualifying year−Uncapped support in the base year)−(Capped support in the qualifying year−Amount of support received in the base year). ( c ) Operation of safety net additive support for companies that qualified based on 2011 or prior year costs. ( 1 ) In any year in which the total carrier loop cost expense adjustment is limited by the provisions of § 54.1302 , a rate-of-return incumbent local exchange carrier shall receive safety net additive support as calculated in paragraph (b) of this section, if in any study area, the rural incumbent local exchange carrier realizes growth in end of period TPIS, as prescribed in § 32.2001 , on a per loop basis, of at least 14 percent more than the study area's TPIS per loop investment at the end of the prior period. ( 2 ) If paragraph (c)(1) of this section is met, the rural incumbent local exchange carrier must notify the Administrator; failure to properly notify the Administrator of eligibility shall result in disqualification of that study area for safety net additive, requiring the rural incumbent local exchange carrier to again meet the eligibility requirements in paragraph (c)(1) of this section for that study area in a subsequent period. ( 3 ) Upon completion of verification by the Administrator that the study area meets the stated criterion in paragraphs (a) , (b) , or (c) of this section, the Administrator shall: ( i ) Pay to any qualifying rural telephone company safety net additive support for the qualifying study area in accordance with the calculation set forth in paragraph (b) of this section; and ( ii ) Continue to pay safety net additive support in any of the four succeeding years in which the total carrier loop expense adjustment is limited by the provisions of § 54.1302 . Safety net additive support in the succeeding four years shall be the lesser of: ( A ) The sum of capped support and the safety net additive support received in the qualifying year; or ( B ) The rural telephone company's uncapped support. § 54.1305 Submission of information to the National Exchange Carrier Association (NECA). ( a ) In order to allow determination of the study areas and wire centers that are entitled to an expense adjustment pursuant to § 54.1310 , each incumbent local exchange carrier (LEC) must provide the National Exchange Carrier Association (NECA) (established pursuant to part 69 of this chapter ) with the information listed for each study area in which such incumbent LEC operates, with the exception of the information listed in paragraph (h) of this section, which must be provided for each study area. This information is to be filed with NECA by July 31st of each year. Rural telephone companies that acquired exchanges subsequent to May 7, 1997, and incorporated those acquired exchanges into existing study areas shall separately provide the information required by paragraphs (b) through (i) of this section for both the acquired and existing exchanges. ( b ) Unseparated, i.e., state and interstate, gross plant investment in Exchange Line Cable and Wire Facilities (C&WF) Subcategory 1.3 and Exchange Line Central Office (CO) Circuit Equipment Category 4.13. This amount shall be calculated as of December 31st of the calendar year preceding each July 31st filing. ( c ) Unseparated accumulated depreciation and noncurrent deferred federal income taxes, attributable to Exchange Line C&WF Subcategory 1.3 investment, and Exchange Line CO Circuit Equipment Category 4.13 investment. These amounts shall be calculated as of December 31st of the calendar year preceding each July 31st filing, and shall be stated separately. ( d ) Unseparated depreciation expense attributable to Exchange Line C&WF Subcategory 1.3 investment, and Exchange Line CO Circuit Equipment Category 4.13 investment. This amount shall be the actual depreciation expense for the calendar year preceding each July 31st filing. ( e ) Unseparated maintenance expense attributable to Exchange Line C&WF Subcategory 1.3 investment and Exchange Line CO Circuit Equipment Category 4.113 investment. This amount shall be the actual repair expense for the calendar year preceding each July 31st filing. ( f ) Unseparated corporate operations expenses, operating taxes, and the benefits and rent proportions of operating expenses. The amount for each of these categories of expense shall be the actual amount for that expense for the calendar year preceding each July 31st filing. The amount for each category of expense listed shall be stated separately. ( g ) Unseparated gross telecommunications plant investment. This amount shall be calculated as of December 31st of the calendar year preceding each July 31st filing. ( h ) Unseparated accumulated depreciation and noncurrent deferred federal income taxes attributable to local unseparated telecommunications plant investment. This amount shall be calculated as of December 31st of the calendar year preceding each July 31st filing. ( i ) The number of working loops for each study area. For universal service support purposes, working loops are defined as the number of working Exchange Line C&WF loops used jointly for exchange and message telecommunications service, including C&WF subscriber lines associated with pay telephones in C&WF Category 1, but excluding WATS closed end access and TWX service. These figures shall be calculated as of December 31st of the calendar year preceding each July 31st filing. ( j ) The number of consumer broadband-only loops for each study area, as defined in § 54.901(g) , calculated as of December 31st of the calendar year preceding each July 31st filing. [ 79 FR 39190 , July 9, 2014, as amended at 83 FR 18964 , May 1, 2018; 89 FR 25163 , Apr. 10, 2024] § 54.1306 Updating Information Submitted to the National Exchange Carrier Association. Cross Reference Link to an amendment published at 89 FR 25163 , Apr. 10, 2024. ( a ) Any incumbent local exchange carrier subject to § 54.1301(a) may update the information submitted to the National Exchange Carrier Association (NECA) on July 31st pursuant to § 54.1305 one or more times annually on a rolling year basis according to the schedule. ( 1 ) Submit data covering the last nine months of the previous calendar year and the first three months of the existing calendar year no later than September 30th of the existing year; ( 2 ) Submit data covering the last six months of the previous calendar year and the first six months of the existing calendar year no later than December 30th of the existing year; ( 3 ) Submit data covering the last three months of the second previous calendar year and the first nine months of the previous calendar year no later than March 30th of the existing year. ( b ) [Reserved] § 54.1307 Submission of Information by the National Exchange Carrier Association. ( a ) On October 1 of each year, the National Exchange Carrier Association (NECA) shall file with the Commission and Administrator the information listed below. Information filed with the Commission shall be compiled from information provided to NECA by telephone companies pursuant to § 54.1305 . ( 1 ) The unseparated loop cost for each study area and a nationwide-average unseparated loop cost. ( 2 ) The annual amount of the high cost expense adjustment for each study area, and the total nationwide amount of the expense adjustment. ( 3 ) The dollar amount and percentage of the increase in the nationwide average unseparated loop cost, as well as the dollar amount and percentage increase for each study area, for the previous 5 years, or the number of years NECA has been receiving this information, whichever is the shorter time period. ( b ) [Reserved] § 54.1308 Study Area Total Unseparated Loop Cost. ( a ) For the purpose of calculating the expense adjustment, the study area total unseparated loop cost equals the sum of the following, however, subject to the limitations set forth in § 54.303 : ( 1 ) Return component for net unseparated Exchange Line C&WF subcategory 1.3 investment and Exchange Line CO Circuit Equipment Category 4.13 investment. This amount is calculated by deducting the accumulated depreciation and noncurrent deferred Federal income taxes attributable to C&WF Subcategory 1.3 investment and Exchange Line Category 4.13 circuit investment reported pursuant to § 54.1305(b) from the gross investment in Exchange Line C&WF Subcategory 1.3 and CO Category 4.13 reported pursuant to § 54.1305(a) to obtain the net unseparated C&WF Subcategory 1.3 investment, and CO Category 4.13 investment. The net unseparated C&WF Subcategory 1.3 investment and CO Category 4.13 investment is multiplied by the study area's authorized interstate rate of return. ( 2 ) Depreciation expense attributable to C&WF Subcategory 1.3 investment, and CO Category 4.13 investment as reported in § 54.1305(c) . ( 3 ) Maintenance expense attributable to C&WF Subcategory 1.3 investment, and CO Category 4.13 investment as reported in § 54.1305(d) . ( 4 ) Corporate Operations Expenses, Operating Taxes and the benefits and rent portions of operating expenses, as reported in § 54.1305(e) attributable to investment in C&WF Category 1.3 and COE Category 4.13. This amount is calculated by multiplying the total amount of these expenses and taxes by the ratio of the unseparated gross exchange plant investment in C&WF Category 1.3 and COE Category 4.13, as reported in § 54.1305(a) , to the unseparated gross telecommunications plant investment, as reported in § 54.1305(f) . Total Corporate Operations Expense for purposes of calculating high-cost loop support payments beginning January 1, 2012 shall be limited to the lesser of § 54.1308(a)(4)(i) or (ii) . ( i ) The actual average monthly per-loop Corporate Operations Expense; or ( ii ) A monthly per-loop amount computed according to paragraphs (a)(4)(ii)(A) through (D) of this section. To the extent that some carriers' corporate operations expenses are disallowed pursuant to these limitations, the national average unseparated cost per loop shall be adjusted accordingly. For the purposes of this paragraph (a)(4)(ii) , “total eligible lines” refers to working loops as defined by this subpart and consumer broadband-only loops, as defined in § 54.901(g) . ( A ) For study areas with 6,000 or fewer total eligible lines, the monthly per-loop amount shall be $42.337 − (.00328 × the number of total eligible lines), or, $63,000/the number of total eligible lines, whichever is greater; ( B ) For study areas with more than 6,000 but fewer than 17,887 total eligible lines, the monthly per-loop amount shall be $3.007 + (117,990/the number of total eligible lines); and ( C ) For study areas with 17,887 or more total eligible lines, the monthly per-loop amount shall be $9.562. ( D ) Beginning January 1, 2013, the monthly per-loop amount computed according to paragraphs (a)(4)(ii)(A) , (a)(4)(ii)(B) , and (a)(4)(ii)(C) of this section shall be adjusted each year to reflect the annual percentage change in the United States Department of Commerce's Gross Domestic Product-Chained Price Index (GDP-CPI). ( b ) [Reserved] [ 79 FR 39190 , July 9, 2014, as amended at 81 FR 24344 , Apr. 25, 2016; 83 FR 18964 , May 1, 2018] § 54.1309 National and study area average unseparated loop costs. ( a ) National average unseparated loop cost per working loop. Except as provided in paragraphs (c) and (d) of this section, this is equal to the sum of the Loop Costs for each study area in the country as calculated pursuant to § 54.1308(a) divided by the sum of the working loops reported in § 54.1305(h) for each study area in the country. The national average unseparated loop cost per working loop shall be calculated by the National Exchange Carrier Association. Until June 30, 2015 the national average unseparated loop cost for purposes of calculating expense adjustments for rural incumbent local exchange carriers, as that term is defined in § 54.5 is frozen at $240.00. ( 1 ) The national average unseparated loop cost per working loop shall be recalculated by the National Exchange Carrier Association to reflect the September, December, and March update filings. ( 2 ) Each new nationwide average shall be used in determining the additional interstate expense allocation for companies which made filings by the most recent filing date. ( 3 ) The calculation of a new national average to reflect the update filings shall not affect the amount of the additional interstate expense allocation for companies which did not make an update filing by the most recent filing date. ( b ) Study area average unseparated loop cost per working loop. This is equal to the unseparated loop costs for the study area as calculated pursuant to § 54.1308(a) divided by the number of working loops reported in § 54.1305(i) for the study area. ( c ) Until June 30, 2015, the national average unseparated loop Cost per working loop shall be the greater of: ( 1 ) The amount calculated pursuant to the method described in paragraph (a) of this section; or ( 2 ) An amount calculated to produce the maximum rural incumbent local exchange carrier portion of the nationwide loop cost expense adjustment allowable pursuant to § 54.1302(a) . ( d ) Beginning July 1, 2015, the national average unseparated loop cost per working loop shall be frozen at the national average unseparated loop cost per working loop as recalculated by the National Exchange Carrier Association to reflect the March 2015 update filing. [ 79 FR 39190 , July 9, 2014, as amended at 80 FR 4479 , Jan. 27, 2015; 89 FR 25163 , Apr. 10, 2024] § 54.1310 Expense adjustment. ( a ) Until June 30, 2015, for study areas reporting 200,000 or fewer working loops pursuant to § 54.1305(h) , the expense adjustment (additional interstate expense allocation) is equal to the sum of paragraphs (a)(1) and (2) of this section. ( 1 ) Sixty-five percent of the study area average unseparated loop cost per working loop as calculated pursuant to § 54.1309(b) in excess of 115 percent of the national average for this cost but not greater than 150 percent of the national average for this cost as calculated pursuant to § 54.1309(a) multiplied by the number of working loops reported in § 54.1305(h) for the study area; and ( 2 ) Seventy-five percent of the study area average unseparated loop cost per working loop as calculated pursuant to § 54.1309(b) in excess of 150 percent of the national average for this cost as calculated pursuant to § 54.1309(a) multiplied by the number of working loops reported in § 54.1305(h) for the study area. ( b ) Beginning July 1, 2015, the expense adjustment for each study area calculated pursuant to paragraph (a) of this section will be adjusted as follows: ( 1 ) If the aggregate expense adjustments for all study areas exceed the maximum rural incumbent local exchange carrier portion of nationwide loop cost expense adjustment allowable pursuant to § 54.1302(a) (the HCLS cap), then each study area's expense adjustment will be reduced by multiplying it by the ratio of the HCLS cap to the aggregate expense adjustments for all study areas. ( 2 ) If the aggregate expense adjustments for all study areas are less than the HCLS cap set pursuant to § 54.1302(a) , then the expense adjustments for all study areas pursuant to paragraph (a) of this section shall be recalculated using a cost per loop calculated to produce an aggregate amount equal to the HCLS cap in place of the national average cost per loop. ( c ) [Reserved] ( d ) High Cost Loop Support is subject to a reduction as necessary to meet the overall cap on support established by the Commission for support provided pursuant to this subpart and subpart K of this chapter. Reductions shall be implemented as follows: ( 1 ) On May 1 of each year, the Administrator will publish an annual target amount for High-Cost Loop Support in the aggregate. The target amount shall be the forecasted disbursement amount times a reduction factor. The reduction factor shall be the budget amount divided by the total forecasted disbursement amount for both High Cost Loop Support and Broadband Loop Support for recipients in the aggregate. The forecasted disbursement for High Cost Loop Support is the High Cost Loop Support cap determined pursuant to § 54.1302 as reflected in the most recent annual filing pursuant to § 54.1305 . ( 2 ) Each January 1 and July 1, the Administrator shall apply a pro rata reduction to High Cost Loop Support for each recipient of High Cost Loop Support as necessary to achieve the target amount. ( 3 ) This paragraph (d) shall not apply to support provided from July 1, 2017 to June 30, 2018. [ 80 FR 4479 , Jan. 27, 2015, as amended at 81 FR 24344 , Apr. 25, 2016; 83 FR 18965 , May 1, 2018; 84 FR 4733 , Feb. 19, 2019; 89 FR 25163 , Apr. 10, 2024] Subpart O—Uniendo a Puerto Rico Fund and Connect USVI Fund Source: 84 FR 59963 , Nov. 7, 2019, unless otherwise noted. § 54.1501 Uniendo a Puerto Rico Fund and Connect USVI Fund—Stage 2 for service to fixed locations. The Commission will use a competitive application process to determine the recipients of high-cost universal service support for offering voice and broadband service to fixed locations, and the amount of support that they may receive from Stage 2 of the fixed Uniendo a Puerto Rico Fund and of the fixed Connect USVI Fund for specific geographic areas in Puerto Rico and the U.S. Virgin Islands, respectively, subject to applicable procedures following the selection of competitive applications. § 54.1502 Geographic areas eligible for Stage 2 fixed support. High-cost universal service support may be made available for Stage 2 of the fixed Uniendo a Puerto Rico Fund and the fixed Connect USVI Fund for all areas of Puerto Rico and the U.S. Virgin Islands, respectively, as announced by public notice. § 54.1503 Geographic area and locations to be served by Stage 2 fixed support recipients. ( a ) For Stage 2 of the fixed Uniendo a Puerto Rico Fund, proposals will be accepted for each municipio in Puerto Rico. ( b ) For Stage 2 of the fixed Connect USVI Fund, proposals will be accepted for one geographic area composed of St. John and St. Thomas islands together, and a second geographic area of St. Croix island. ( c ) For both Funds, all locations must be served within each defined geographic area by the deployment milestone as defined in § 54.1506 . The number of supported locations will be identified for each geographic area in the territories by public notice. § 54.1504 Term of Stage 2 fixed support, phase-down of legacy fixed support, and reporting obligations for phase-down support recipient. ( a ) Term of support. Support awarded through Stage 2 of the fixed Uniendo a Puerto Rico Fund and of the fixed Connect USVI Fund shall be provided for ten years. ( b ) Phase-down of legacy support. Stage 2 of the fixed Uniendo a Puerto Rico Fund and of the fixed Connect USVI Fund shall replace the legacy frozen high-cost support for the Territories. Beginning on a date determined by the Wireline Competition Bureau and announced by public notice following authorization of a winning application, frozen support recipient carriers will receive 2 ⁄ 3 frozen fixed support amortized for the first 12 months following the date announced by public notice; and 1 ⁄ 3 frozen fixed support amortized over the second 12-month period. Beginning June 1, 2023, legacy frozen support recipient carriers that continue receiving phase-down legacy support for use in accordance with applicable rules shall be authorized to continue to receive 1 ⁄ 3 frozen fixed support for the geographic areas in which it was not selected as the winning applicant of the Stage 2 competitive process. The frozen support recipient carriers shall receive a monthly support amount equal to the amortized monthly 1 ⁄ 3 frozen fixed support amount until December 31, 2025, and zero frozen support thereafter. [ 84 FR 59963 , Nov. 7, 2019, as amended at 88 FR 29000 , May 5, 2023] § 54.1505 Stage 2 fixed support application process. ( a ) Provider eligibility. A provider shall be eligible to submit an application for support from Stage 2 of the fixed Uniendo a Puerto Rico Fund or of the fixed Connect USVI Fund if it had its own fixed network and provided broadband service in Puerto Rico or the U.S. Virgin Islands, respectively, according to its June 2018 FCC Form 477 data. A provider must obtain eligible telecommunications carrier designation no later than sixty (60) days after public notice of selection to receive fixed support. Any entity that is awarded support but fails to obtain ETC designation within sixty (60) days shall be considered in default and will not be eligible to receive high-cost funding. ( b ) Application processing. No application will be considered unless it has been submitted in an acceptable form during the period specified by public notice. No applications submitted or demonstrations made at any other time shall be accepted or considered. ( c ) Application format. All applications must be substantially in the format as specified and announced by the Wireline Competition Bureau. ( 1 ) Any application that, as of the submission deadline, either does not identify the applicant seeking support as specified in the public notice announcing application procedures or does not include required certifications shall be denied. ( 2 ) An applicant may be afforded an opportunity to make minor modifications to amend its application or correct defects noted by the applicant, the Commission, the Administrator, or other parties. Minor modifications include correcting typographical errors in the application and supplying non-material information that was inadvertently omitted or was not available at the time the application was submitted. ( 3 ) Applications to which major modifications are made after the deadline for submitting proposals shall be denied. Major modifications may include, but are not limited to, any changes in the ownership of the applicant that constitute an assignment or change of control, or the identity of the applicant, or the certifications required in the application. ( d ) Application contents. In addition to providing information required by the Wireline Competition Bureau, any applicant for support from Stage 2 of the fixed Uniendo a Puerto Rico Fund or of the fixed Connect USVI Fund shall: ( 1 ) Include ownership information as set forth in § 1.2112(a) of this chapter ; ( 2 ) Submit a detailed network plan and documents evidencing adequate financing for the project; ( 3 ) Disclose its status as an eligible telecommunications carrier to the extent applicable and certify that it acknowledges that it must be designated as an eligible telecommunications carrier for the area in which it will receive support prior to being authorized to receive support; ( 4 ) Describe the technology or technologies that will be used to provide service for each application; and ( 5 ) To the extent that an applicant plans to use spectrum to offer its voice and broadband services, demonstrate it has the proper authorizations, if applicable, and access to operate on the spectrum it intends to use, and that the spectrum resources will be sufficient to cover peak network usage and deliver the minimum performance requirements to serve all of the fixed locations in eligible areas, and certify that it will retain its access to the spectrum for the term of support; and ( 6 ) Provide a letter from a bank meeting the eligibility requirements outlined in § 54.1508 committing to issue an irrevocable stand-by letter of credit, in the required form, to the winning applicant. The letter shall at a minimum provide the dollar amount of the letter of credit and the issuing bank's agreement to follow the terms and conditions of the Commission's model letter of credit. ( e ) Identification of winning applicant. After receipt and review of the proposals, a public notice shall identify each winning applicant that may be authorized to receive support from Stage 2 of the fixed Uniendo a Puerto Rico Fund and the fixed Connect USVI Fund support after the winning applicant submits a letter of credit and an accompanying opinion letter, as described in this section, in a form acceptable to the Commission. Each such winning applicant shall submit a letter of credit and accompanying opinion letter in a form acceptable to the Commission no later than the number of days provided by public notice. ( f ) Authorization to receive support. After receipt of all necessary information, a public notice will identify each winning applicant that is authorized to receive Uniendo a Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed support. § 54.1506 Stage 2 fixed support deployment milestones. Recipients of support from Stage 2 of the fixed Uniendo a Puerto Rico Fund and the fixed Connect USVI Fund must complete deployment to at least 40 percent of supported locations at the end of the third year of support, at least 60 percent at the end of the fourth year, at least 80 percent at the end of the fifth year, and 100 percent by the end of the sixth year. Compliance with the percentage of completion shall be determined based on the total number of supported locations in each geographic area. Recipients will be subject to the notification and default rules in § 54.320(d) . § 54.1507 Stage 2 public interest obligations for service to fixed locations. ( a ) Recipients of Stage 2 Uniendo a Puerto Rico and the Connect USVI Fund fixed support are required to offer broadband service with latency suitable for real-time applications, including Voice over internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, at rates that are reasonably comparable to rates for comparable offerings in urban areas. ( 1 ) For purposes of determining reasonable comparable usage capacity, recipients are presumed to meet this requirement if they meet or exceed the usage level announced by public notice issued by the Wireline Competition Bureau. ( 2 ) For purposes of determining reasonable comparability of rates, recipients are presumed to meet this requirement if they offer rates at or below the applicable benchmark to be announced annually by public notice issued by the Wireline Competition Bureau, or at or below the non-promotional prices charged for a comparable fixed wireline service in urban areas in the state or U.S. Territory where the eligible telecommunications carrier receives support. ( b ) Support recipients are required to offer broadband service meeting the performance standards as proposed in their selected applications, as follows: ( 1 ) Actual speeds of at least 25 Mbps downstream and 3 Mbps upstream, and a minimum usage allowance of 200 GB per month or an amount that reflects the average usage of a majority of fixed broadband customers, using Measuring Broadband America data or a similar data source, whichever is higher, and announced annually by public notice issued by the Wireline Competition Bureau over the 10-year term. ( 2 ) Actual speeds of at least 100 Mbps downstream and 20 Mbps upstream and at least 2 terabytes of monthly usage. ( 3 ) Actual speeds of at least 1 Gigabit per second downstream and 500 Mbps upstream and at least 2 terabytes of monthly usage. ( c ) For each of the tiers in paragraphs (b)(1) through (3) of this section, support recipients are required to meet one of two latency performance levels: ( 1 ) Low latency recipients will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 100 milliseconds; and ( 2 ) High latency recipients will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 750 ms and, with respect to voice performance, and to demonstrate a score of four or higher using the Mean Opinion Score (MOS). § 54.1508 Letter of credit for stage 2 fixed support recipients. ( a ) Letter of credit. Before being authorized to receive support from Stage 2 of the fixed Uniendo a Puerto Rico Fund or the fixed Connect USVI Fund, a winning applicant shall obtain an irrevocable standby letter of credit which shall be acceptable in all respects to the Commission. No later than the number of days provided by public notice, the applicant shall submit a letter from a bank meeting the eligibility requirements outlined in this section committing to issue an irrevocable stand-by letter of credit, in the required form, to the winning applicant. The letter shall at a minimum provide the dollar amount of the letter of credit and the issuing bank's agreement to follow the terms and conditions of the Commission's model letter of credit. The letter of credit must remain open until the recipient has certified it has deployed broadband and voice service meeting the requirements in this subpart to 100% of the required number of locations, and Universal Service Administrative Company (USAC) has verified that the entity has fully deployed. ( b ) Value. Each recipient authorized to receive the Uniendo a Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed support shall maintain the standby letter of credit or multiple standby letters of credit in an amount equal to at a minimum the amount of fixed support that has been disbursed and that will be disbursed in the coming year, until the USAC has verified that the recipient met the final service milestone. ( 1 ) Once the recipient has met its 60 percent service milestone, it may obtain a new letter of credit or renew its existing letter of credit so that it is valued at a minimum at 90 percent of the total support amount already disbursed plus the amount that will be disbursed in the coming year. ( 2 ) Once the recipient has met its 80 percent service milestone, it may obtain a new letter of credit or renew its existing letter of credit so that it is valued at a minimum at 80 percent of the total support that has been disbursed plus the amount that will be disbursed in the coming year. ( c ) Acceptable bank issuing letter of credit. The bank issuing the letter of credit shall be acceptable to the Commission. A bank that is acceptable to the Commission is: ( 1 ) Any United States bank: ( i ) That is insured by the Federal Deposit Insurance Corporation; and ( ii ) That has a bank safety rating issued by Weiss of B- or better; or ( 2 ) CoBank, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB- or better (or an equivalent rating from another nationally recognized credit rating agency); or ( 3 ) The National Rural Utilities Cooperative Finance Corporation, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB- or better (or an equivalent rating from another nationally recognized credit rating agency); or ( 4 ) Any non-United States bank: ( i ) That is among the 100 largest non-U.S. banks in the world, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit (determined on a U.S. dollar equivalent basis as of such date); ( ii ) Has a branch office: ( A ) Located in the District of Columbia, or ( B ) Located in New York City, New York, or such other branch office agreed to by the Commission, that will accept a letter of credit presentation from the Administrator via overnight courier, in addition to in-person presentations; ( iii ) Has a long-term unsecured credit rating issued by a widely-recognized credit rating agency that is equivalent to a BBB- or better rating by Standard & Poor's; and ( iv ) Issues the letter of credit payable in United States dollars ( d ) Bankruptcy opinion letter. A winning applicant of the Uniendo a Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed support shall provide with its letter of credit an opinion letter from its legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that in a proceeding under Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the “Bankruptcy Code”), the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the winning bidder's bankruptcy estate under section 541 of the Bankruptcy Code. ( e ) Authorization for Stage 2 support. Authorization to receive the Uniendo a Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed support is conditioned upon full and timely performance of all of the requirements set forth in this section, and any additional terms and conditions upon which the support was granted. ( 1 ) Failure by a Uniendo a Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed support recipient to meet its service milestones as required by § 54.1506 will trigger reporting obligations and the withholding of support as described in § 54.320(d) . Failure to come into full compliance within 12 months will trigger a recovery action by the USAC. If the Uniendo a Puerto Rico Fund or Connect USVI Fund Stage 2 fixed support recipient does not repay the requisite amount of support within six months, the USAC will be entitled to draw the entire amount of the letter of credit and may disqualify the Uniendo a Puerto Rico Fund or Connect USVI Fund Stage 2 fixed support recipient from the receipt of any or all universal service support. ( 2 ) A default will be evidenced by a letter issued by the Chief of the Wireline Competition Bureau, or the Chief's designee, which letter, attached to a standby letter of credit draw certificate, shall be sufficient for a draw on the standby letter of credit for the entire amount of the standby letter of credit. [> 84 FR 59963 , Nov. 7, 2019, as amended at 85 FR 75828 , Nov. 25, 2020; 89 FR 25163 , Apr. 10, 2024] § 54.1509 Uniendo a Puerto Rico Fund and the Connect USVI Fund—Stage 2 for mobile service. ( a ) Term of support. Uniendo a Puerto Rico Fund or the Connect USVI Fund Stage 2 mobile support shall be provided to eligible mobile carriers that elect to make a commitment to its eligible service area for a three-year term to begin on a date determined by the Wireline Competition Bureau. ( b ) Election of support. Eligible mobile carriers as provided in § 54.1510 shall have a one-time option to elect to participate in Stage 2 of the mobile Uniendo a Puerto Rico Fund and the mobile Connect USVI Fund for the eligible service area. An eligible mobile carrier may elect to receive all or a subset of the Stage 2 support for which it is eligible. FCC will publish the order adopting Stage 2 of the Uniendo a Puerto Rico Fund and the Connect USVI Fund in the Federal Register. To participate, an eligible provider must submit an election to participate within 30 days following that publication. Each provider must provide to the Commission through the Commission's Electronic Comment Filing System as well as by emailing a copy to ConnectAmerica@fcc.gov either a renewal of its Stage 1 certification specifying the number of subscribers (voice or broadband internet access service) it served in the territory as of June 30, 2017; or a new certification specifying the number of subscribers (voice or broadband internet access service) it served in the territory as of June 30, 2017, along with accompanying evidence. Each provider will make two simultaneous elections. First, each provider may elect to receive Stage 2 support for which it is eligible to restore, harden, and expand networks capable of providing 4G LTE or better services. Second, each provider may elect to receive Stage 2 support for which it is eligible to deploy networks capable of providing 5G service. ( c ) Support amounts. A carrier exercising the election of support specified in paragraph (b) of this section shall receive a pro rata share of the available mobile support based on the number of subscribers reported in its June 2017 FCC Form 477. Each carrier may receive up to 75% of its eligible pro rata support amount to restore, harden, and expand networks capable of provider 4G LTE or better services meeting the minimum service requirements provided in § 54.1514(b) . Each carrier may also elect to receive up to 25% of its eligible pro rata support amount to deploy networks capable of providing 5G service. ( d ) Support payments. Each eligible mobile provider that elects to participate in Stage 2 of the Uniendo a Puerto Rico Fund or the USVI Connect Fund will receive monthly installments of its pro rata share of mobile support amortized over the three-year support period provided in paragraph (a) of this section. Each recipient's pro rata share will be adjusted according to its election to receive or decline support for 4G LTE or 5G deployment. A mobile provider that fails to meet its commitment to use its eligible support for 4G LTE or 5G deployment shall return an amount equal the unused amount of Stage 2 support to the Administrator within 30 days following the end of the three-year support period. ( e ) Phase-down of legacy support. An eligible mobile carrier may elect or decline to participate in Stage 2 of the mobile Uniendo a Puerto Rico and/or the mobile Connect USVI Fund. Beginning on a date to be determined by the Bureau and announced by public notice, an eligible mobile carrier that declines to participate in Stage 2 will receive one-half of its prior frozen fixed support amortized for a 12-month period and zero fixed support thereafter. § 54.1510 Stage 2 mobile carrier eligibility. Facilities-based mobile carriers that provided mobile wireless services to consumers in the Territories as reported by their June 2017 FCC Form 477 shall be eligible to participate in Stage 2 of the mobile Uniendo a Puerto Rico Fund and the mobile Connect USVI Fund, respectively. § 54.1511 Appropriate uses of Stage 2 mobile support. Recipients of Uniendo a Puerto Rico and Connect USVI Stage 2 mobile support shall use the support solely for: ( a ) Deployment, replacement, and upgrade at 4G LTE or better technological network level, as specified in this part; and ( b ) Hardening of 4G LTE or better network facilities to help prevent future damage from natural disasters. § 54.1512 Geographic area eligible for Stage 2 mobile support. Uniendo a Puerto Rico Fund and Connect USVI Fund Stage 2 mobile support may be used for all geographic areas of Puerto Rico or of the U.S. Virgin Islands within a recipient's designated eligible telecommunications carrier service area consistent with the parameters of Stage 2 of the Uniendo a Puerto Rico Fund and the Connect USVI Fund. § 54.1513 Provision of Stage 2 mobile support. ( a ) A recipient of Stage 2 mobile support shall commit to, at a minimum, the full restoration of its pre-hurricane network coverage area, as determined by FCC Form 477 reporting standards, at a level of service that meets or exceeds pre-hurricane network levels and at reasonably comparable levels to those services and rates available in urban areas. ( b ) Each recipient of Stage 2 mobile support shall demonstrate mobile network coverage that is equal to or greater than 66 percent of its pre-hurricane coverage by the end of year two of the Stage 2 term of support, and that is equal to or greater than 100 percent of its pre-hurricane coverage by the end of year three of the Stage 2 term of support. § 54.1514 Stage 2 mobile additional annual reporting. ( a ) Each recipient of Stage 2 mobile support shall submit no later than 30 days following the end of the calendar year reports demonstrating and certifying to the fact that its mobile network coverage is equal to or greater than 66 percent of its pre-hurricane coverage by the end of year two of the Stage 2 term of support and 100 percent of its pre-hurricane coverage by the end of year three of the Stage 2 term of support. ( 1 ) A recipient of Stage 2 mobile support shall submit with the report required by this section the documentation in paragraphs (a)(1)(i) through (iii) of this section in support of its milestone obligations: ( i ) Electronic shapefiles site coverage plots illustrating the area reached by mobile services; ( ii ) A list of all census blocks in the Territories reached by mobile services; and ( iii ) Data received or used from drive, drone, and/or scattered site tests, analyzing network coverage for mobile services. ( 2 ) [Reserved] ( b ) Each recipient of Stage 2 mobile support shall report and certify, no later than thirty (30) days following the end of the third year of the Stage 2 term of support for all eligible areas where a provider used Stage 2 support, mobile transmissions supporting voice and data to and from the network meeting or exceeding the following: ( 1 ) For 4G LTE service, outdoor data transmission rates of at least 10 Mbps download/1 Mbps upload, at least one service plan that includes a data allowance of at least 5 GB that is offered to consumers at a rate that is reasonable comparable to similar service plans offered by mobile wireless providers in urban areas, and latency of 100 milliseconds or less round trip; and ( 2 ) For 5G service, outdoor data transmission rates of at least 35 Mbps download/3 Mbps upload and a plan offered to consumers at a rate that is reasonably comparable to similar service plans offered by mobile wireless providers in urban areas. ( c ) Each recipient of Stage 2 mobile support shall submit no later than thirty (30) days after the end of the third year of the Stage 2 term of support a certification that it has met the requisite public interest obligations in paragraphs (a) and (b) of this section. ( d ) Each recipient of Stage 2 mobile support shall submit no later than thirty (30) days following the end of the calendar year an annual map reporting the network hardening activities undertaken during the prior calendar year. The recipient must submit, along with the map, a detailed narrative description of the network hardening activities identified and of how it made use of the support to facilitate those network hardening activities. ( e ) Each recipient that elects to receive Stage 2 mobile support for the deployment of 5G technological networks shall submit an annual certification no later than thirty (30) days after the end of each 12-month period the use of Stage 2 support for the deployment of 5G technology to ensure compliance with its commitment. Each recipient must report the total cost incurred and total amount of Stage 2 support spent related to the deployment of 5G technology during the preceding 12-month period. Each recipient must describe in detail how it used the support for deployment of 5G technology. ( f ) Each report shall be submitted to the Office of the Secretary of the Commission, clearly referencing the appropriate docket for the Uniendo a Puerto Rico Fund and the Connect USVI Fund; the Administrator; and the authority in the U.S. Territory, or Tribal governments, as appropriate. ( g ) Recipients of Stage 2 mobile support have a continuing obligation to maintain the accuracy and completeness of the information provided in their milestone reports. All recipients of Stage 2 mobile support shall provide information about any substantial change that may be of decisional significance regarding their eligibility for Stage 2 support and compliance with Uniendo a Puerto Rico Fund and the Connect USVI Fund requirements in this section as an update to their milestone report submitted to the entities listed in paragraph (f) of this section. Such notification of a substantial change, including any reduction in the network coverage area being served or any failure to comply with any of the Stage 2 requirements in this part, shall be submitted within ten (10) business days after the reportable event occurs. ( h ) In order for a recipient of Stage 2 mobile support to continue to receive mobile support for the following calendar year, it must submit the milestone reports required by this section by the deadlines set forth in paragraphs (a) through (g) of this section. § 54.1515 Disaster preparation and response measures. ( a ) Each recipient of fixed and mobile support from Stage 2 of the Uniendo a Puerto Rico Fund and the Connect USVI Fund shall create, maintain, and submit to the Wireline Competition Bureau for its review and approval a detailed Disaster Preparation and Response Plan document that describes and commits to the methods and procedures that it will use, during the period in which it receives Stage 2 support, to prepare for and respond to disasters in the Territories, including detailed descriptions of methods and processes to strengthen infrastructure; to ensure network diversity; to ensure backup power; to monitor its network; and to prepare for emergencies. ( b ) Each Stage 2 support recipient shall submit the Disaster Preparation and Response Plan to the Bureau for its review and approval prior to receiving Stage 2 support. The Bureau shall approve submitted Disaster Preparation and Response Plans that are complete and thoroughly address the criteria enumerated in paragraph (a) of this section. The Bureau shall notify the support recipient of deficiencies identified in the Disaster Preparation and Response Plan and withhold authorization to receive funding until the support recipient has cured the deficiencies. Recipients shall materially comply with the representations in the document, once approved. ( c ) Recipients shall amend their Disaster Preparation and Response Plan following any material change(s) to internal processes and responsibilities and provide the updated Disaster Preparation and Response Plan to the Bureau within 10 business days following the material change(s). ( d ) Stage 2 support recipients shall use the Disaster Information Reporting System for mandatory reporting. (See www.fcc.gov/general/disaster-information-reporting-system-dirs-0 for more information.) § 54.1516 Uniendo a Puerto Rico Fund and the Connect USVI Fund—Transitional support for mobile service. ( a ) Term of support. Uniendo a Puerto Rico Fund or the Connect USVI Fund transitional mobile support shall be made available to eligible mobile carriers that elect to make a commitment to their eligible service areas for a term of up to 24 months to begin in the month immediately following the end of the carrier's Stage 2 mobile support. The term of support shall end the earlier of either 24 months following a carrier's authorization to begin receiving transitional support or the authorization of support under a long-term funding mechanism subsequently adopted by the Commission providing mobile wireless support in the carrier's respective territory. ( b ) Election of support. Eligible mobile carriers as provided in § 54.1517 shall have a one-time option to elect to receive transitional mobile support from the Uniendo a Puerto Rico Fund and the Connect USVI Fund for the eligible service area. To participate, an eligible carrier must submit an election to participate within 15 days following publication in the Federal Register of the order adopting transitional mobile support of the Uniendo a Puerto Rico Fund and the Connect USVI Fund. Each carrier must submit its election to receive transitional support to the Commission through the Commission's Electronic Comment Filing System as well as by emailing a copy of its election to ConnectAmerica@fcc.gov . ( c ) Support amounts. An eligible carrier that elects to receive transitional support shall receive a pro rata share of its monthly Stage 2 mobile support as of May 1, 2023. Each eligible carrier may receive 50% of its Stage 2 monthly mobile support amount as of May 1, 2023 in the first 12-month period (months 1-12) of transitional support, and 25% of its current monthly mobile Stage 2 support as if May 1, 2023 in the second 12-month period (months 13-24) of transitional support. However, the provision of monthly transitional support may end prior to the completion of the 24-month term as provided in subsection (a). ( d ) Return of unused support. Each eligible mobile carrier that elects to receive transitional support from the Uniendo a Puerto Rico Fund or the USVI Connect Fund will receive monthly installments of its pro rata share of mobile support over the support period provided in subsections (a) and (c). A mobile carrier that fails to use all its eligible transitional mobile support pursuant to section 54.1517 within one year of the end of the support term shall return an amount equal to the unused amount of transitional support to the Administrator within 30 days following the end of the term of support under paragraph (a). [ 88 FR 29000 , May 5, 2023] § 54.1517 Transitional support mobile carrier eligibility. Facilities-based mobile carriers that are recipients of mobile support from Stage 2 as of May 1, 2023 of the Uniendo a Puerto Rico Fund or the Connect USVI Fund shall be eligible to elect and receive transitional mobile support in the areas where they receive Stage 2 support. [ 88 FR 29000 , May 5, 2023] § 54.1518 Appropriate uses of transitional mobile support. Recipients of Uniendo a Puerto Rico and Connect USVI transitional mobile support shall use the support to improve the redundancy and resiliency of facilities for 4G LTE or better technologies to help ensure continuity of service by preventing or withstanding damage from disasters, including the maintenance of backup power systems for such networks. [ 88 FR 29000 , May 5, 2023] § 54.1519 Geographic area eligible for transitional mobile support. Uniendo a Puerto Rico Fund and Connect USVI Fund transitional mobile support may be used for all geographic areas of Puerto Rico or of the U.S. Virgin Islands, respectively, within a recipient's designated eligible telecommunications carrier service area. [ 88 FR 29000 , May 5, 2023] § 54.1520 Provision of transitional mobile support. A recipient of transitional mobile support shall commit to, at a minimum, maintaining its network coverage area as of June 30, 2023, or 100 percent of its network coverage area prior to Hurricanes Maria and Irma as specified by § 54.1514(a) , whichever is greater. The recipient shall also commit to provide a minimum level of service that meets or exceeds network levels and at reasonably comparable levels to those services and rates available in urban areas as required by § 54.1521(a) . [ 88 FR 29000 , May 5, 2023] § 54.1521 Transitional mobile support additional annual reporting. ( a ) Each recipient of transitional mobile support shall report and certify, no later than thirty (30) days following the end of the calendar year in which it receives such transitional support, that it has met the requisite mobile transmissions supporting voice and data to and from the network meeting or exceeding the following: ( 1 ) For 4G LTE service, outdoor data transmission rates of at least 10 Mbps download/1 Mbps upload, at least one service plan that includes a data allowance of at least 5 GB that is offered to consumers at a rate that is reasonably comparable to similar service plans offered by mobile wireless providers in urban areas, and latency of 100 milliseconds or less round trip; and ( 2 ) For 5G-NR service, outdoor data transmission rates of at least 35 Mbps download/3 Mbps upload and a plan offered to consumers at a rate that is reasonably comparable to similar service plans offered by mobile wireless providers in urban areas. ( b ) Each recipient of transitional mobile support shall submit no later than thirty (30) days following the end of the calendar year an annual map reporting the network hardening activities undertaken during the prior calendar year. The recipient must submit, along with the map, a detailed narrative description of the network hardening activities identified and of how it made use of the support to facilitate those network hardening activities. ( c ) Each report shall be submitted to the Office of the Secretary of the Commission through the Electronic Comment Filing System clearly referencing the appropriate docket for the Uniendo a Puerto Rico Fund and the Connect USVI Fund; the Administrator; and the authority in the U.S. Territory, or Tribal governments, as appropriate. All filings and certifications shall also be submitted to the Bureau at ConnectAmerica@fcc.gov . ( d ) Recipients of transitional mobile support have a continuing obligation to maintain the accuracy and completeness of the information provided in their reports. All recipients of transitional mobile support shall provide information about any substantial change that may be of decisional significance regarding their eligibility for transitional support and compliance with Uniendo a Puerto Rico Fund and the Connect USVI Fund requirements as an update to their report submitted to the entities listed in paragraph (c) of this section. Such notification of a substantial change, including any reduction in the network coverage area being served or any failure to comply with any of the transitional support requirements, shall be submitted within ten (10) business days after the reportable event occurs. ( e ) In order for a recipient of transitional mobile support to continue to receive transitional mobile support for the second 12-month period, it must submit the reports and certification required by this section by the deadlines set forth above. [ 88 FR 29000 , May 5, 2023] § 54.1522 Security reporting. By August 31, 2023, support recipients under § 54.1516 shall file their first network security report that identifies and explains the network security controls implemented, their effectiveness in fending off cybersecurity attacks, and how those controls are commensurate with established network security best practices and standards or an established risk management framework. By March 31, 2025, support recipients under § 54.1516 shall file their second network security report, covering the time period between August 31, 2023, and March 1, 2025, that identifies and explains the network security controls implemented, their effectiveness in fending off cybersecurity attacks and how those controls are commensurate with established network security best practices and standards or an established risk management framework. [ 88 FR 29000 , May 5, 2023] § 54.1523 Spending plans for recipients of legacy frozen phase-down support. ( a ) Spending plan submissions for phase-down support recipients. By July 1, 2023, recipients of support under § 54.1504(b) shall submit a spending plan for its use of that support for redundancy, resiliency, and maintenance measures to the Bureau for approval. Phase-down support shall be suspended if a recipient fails to submit a spending plan by the requisite deadline or fails to receive approval from the Bureau. Recipients of support must submit an updated spending plan if the details in their spending plan change. ( b ) Annual reporting requirements for phase-down support recipients. By January 31, 2024, 2025, and 2026, recipients of support under § 54.1504(b) shall file with the Commission a report of how they spent phase-down support on resiliency and redundancy measures consistent with the approved spending plan approved under paragraph (a). ( c ) Recipients of support under § 54.1504(b) that fail to use all such support consistent with the approved spending plan approved under paragraph (a) by December 31, 2026 shall return an amount equal to the unused amount of support to the Administrator within 30 days of December 31, 2026. ( d ) By January 31, 2027 recipients of support under § 54.1504(b) shall file with the Commission a final report of how they spent phase-down support on resiliency and redundancy measures consistent with the approved spending plan approved under paragraph (a). [ 88 FR 29000 , May 5, 2023] § 54.1524 Disaster preparation and response measures; Disaster Information Reporting System. ( a ) Each recipient of support under § 54.1504(b) or § 54.1516 shall maintain a Disaster Preparation and Response Plan document approved by the Bureau for Stage 2 of the Uniendo a Puerto Rico Fund or Connect USVI Fund, as applicable, that describes and commits to the methods and procedures that it will use, during the period in which it receives support under § 54.1516 or § 54.1504(b) , to prepare for and respond to disasters in the Territories, including detailed descriptions of methods and processes to strengthen infrastructure; to ensure network diversity; to ensure backup power; to monitor its network; and to prepare for emergencies. If an eligible recipient has not previously submitted a Disaster Preparation and Response Plan that was approved by the Bureau prior to the authorization to receive fixed or mobile support, as applicable, the eligible recipient must submit a Disaster Preparation and Response Plan for Bureau approval by July 1, 2023. Phase-down support shall be suspended if a recipient fails to submit a Disaster Preparation and Response Plan by the requisite deadline or fails to receive approval from the Bureau. ( b ) Each recipient of support under § 54.1504(b) or § 54.1516 shall maintain the Disaster Preparation and Response Plan approved by the Bureau for Stage 2 of each funding mechanism that completely and thoroughly address the criteria enumerated in paragraph (a) of this section. Recipients shall materially comply with the representations in the document and shall amend their Disaster Preparation and Response Plan following any material change(s) to internal processes and responsibilities and provide the updated Disaster Preparation and Response Plan to the Bureau within 10 business days following the material change(s). ( c ) Each recipient of support under § 54.1504(b) or § 54.1516 shall perform mandatory Disaster Information Reporting System reporting. ( d ) A recipient's failure to comply with the requirements of this section may result in the withholding of transitional or phase-down support until the support recipient has cured deficiencies identified by the Bureau. [ 88 FR 29000 , May 5, 2023] Subpart P—Emergency Broadband Benefit Program Source: 86 FR 19560 , Apr. 13, 2021, unless otherwise noted. § 54.1600 Definitions. ( a ) Broadband internet access service. The term “broadband internet access service” has the meaning given such term in 47 CFR 8.1(b) , or any successor regulation. ( b ) Broadband provider. The term “broadband provider” means a provider of broadband internet access service. ( c ) Commission. The term “Commission” means the Federal Communications Commission. ( d ) Connected device. The term “connected device” means a laptop or desktop computer or a tablet. ( e ) Designated as an eligible telecommunications carrier. The term “designated as an eligible telecommunications carrier”, with respect to a broadband provider, means the broadband provider is designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 ( 47 U.S.C. 214(e) ). ( f ) Direct service. As used in this subpart, direct service means the provision of service directly to the qualifying low-income consumer. ( g ) Duplicative support. “Duplicative support” exists when an Emergency Broadband Benefit subscriber is receiving two or more Emergency Broadband Benefit services concurrently or two or more subscribers in a household have received a connected device with an Emergency Broadband Benefit discount ( h ) Eligible household. The term “eligible household” means, regardless of whether the household or any member of the household receives support under subpart E of 47 CFR part 54 (or any successor regulation), and regardless of whether any member of the household has any past or present arrearages with a broadband provider, a household in which— ( 1 ) At least one member of the household meets the qualifications 47 CFR 54.409(a) or (b) (or any successor regulation); ( 2 ) At least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); ( 3 ) At least one member of the household has experienced a substantial loss of income since February 29, 2020, that is documented by layoff or furlough notice, application for unemployment insurance benefits, or similar documentation or that is otherwise verifiable through the National Verifier or National Lifeline Accountability Database; ( 4 ) At least one member of the household has received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) in the current award year, if such award is verifiable through the National Verifier or National Lifeline Accountability Database or the participating provider verifies eligibility under 47 CFR 54.1606(a)(2) ; or ( 5 ) At least one member of the household meets the eligibility criteria for a participating provider's existing low-income or COVID-19 program, subject to the requirements of 47 CFR 54.1606(a)(2) . ( i ) Emergency broadband benefit. The term “emergency broadband benefit” means a monthly discount for an eligible household applied to the actual amount charged to such household, which shall be no more than the standard rate for an internet service offering and associated equipment, in an amount equal to such amount charged, but not more than $50, or, if an internet service offering is provided to an eligible household on Tribal land, not more than $75. ( j ) Emergency period. The term “emergency period” means the period that— ( 1 ) Begins on the date of the enactment of the Consolidated Appropriations Act; and ( 2 ) Ends on the date that is 6 months after the date on which the determination by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) that a public health emergency exists as a result of COVID-19, including any renewal thereof, terminates. ( k ) Enrollment representative. An employee, agent, contractor, or subcontractor, acting on behalf of an eligible telecommunications carrier or third-party entity, who directly or indirectly provides information to the Administrator for the purpose of eligibility verification, enrollment, subscriber personal information updates, benefit transfers, or de-enrollment. ( l ) Household. A “household” is any individual or group of individuals who are living together at the same address as one economic unit. A household may include related and unrelated persons. An “economic unit” consists of all adult individuals contributing to and sharing in the income and expenses of a household. An adult is any person eighteen years or older. If an adult has no or minimal income, and lives with someone who provides financial support to him/her, both people shall be considered part of the same household. Children under the age of eighteen living with their parents or guardians are considered to be part of the same household as their parents or guardians. ( m ) Income. “Income” means gross income as defined under section 61 of the Internal Revenue Code, 26 U.S.C. 61 , for all members of the household. This means all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code, Part III of Title 26, 26 U.S.C. 101 et seq. ( n ) Internet service offering. The term “internet service offering” means, with respect to a broadband provider, broadband internet access service provided by such provider to a household, offered in the same manner, and on the same terms, as described in any of such provider's offerings for broadband internet access service to such household, as on December 1, 2020. ( o ) Lifeline qualifying assistance program. A “Lifeline qualifying assistance program” means any of the Federal or Tribal assistance programs the participation in which, pursuant to 47 CFR 54.409(a) or (b) , qualifies a consumer for Lifeline service, including Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; Veterans and Survivors Pension Benefit; Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families (Tribal TANF); Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations (FDPIR). ( p ) National Lifeline Accountability Database. The “National Lifeline Accountability Database” is an electronic system, with associated functions, processes, policies and procedures, to facilitate the detection and elimination of duplicative support, as directed by the Commission. ( q ) National Lifeline Eligibility Verifier or National Verifier. The “National Lifeline Eligibility Verifier” or “National Verifier” is an electronic and manual system with associated functions, processes, policies and procedures, to facilitate the determination of consumer eligibility for the Lifeline program and Emergency Broadband Benefit Program, as directed by the Commission. ( r ) Participating provider. The term “participating provider” means a broadband provider that— ( 1 ) ( i ) Is designated as an eligible telecommunications carrier; or ( ii ) Meets requirements established by the Commission for participation in the Emergency Broadband Benefit Program and is approved by the Commission under 47 CFR 54.1601(b) ; and ( 2 ) Elects to participate in the Emergency Broadband Benefit Program. ( s ) Standard rate. The term “standard rate” means the monthly retail rate for the applicable tier of broadband internet access service as of December 1, 2020, excluding any taxes or other governmental fees. ( t ) Tribal lands. For purposes of this subpart, “Tribal lands” include any Federally recognized Indian tribe's reservation, pueblo, or colony, including former reservations in Oklahoma; Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688); Indian allotments; Hawaiian Home Lands—areas held in trust for Native Hawaiians by the state of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920 July 9, 1921, 42 Stat. 108, et seq., as amended; and any land designated as such by the Commission for purposes of subpart E of 47 CFR part 54 (or any successor regulation) pursuant to the designation process in 47 CFR 54.412 . § 54.1601 Participating providers. ( a ) Eligible telecommunications carriers. A broadband provider that is designated as an eligible telecommunications carrier may participate in the Emergency Benefit Broadband Program as a participating provider. ( b ) Other broadband providers. A broadband provider that is not designated as an eligible telecommunications carrier may seek approval from the Wireline Competition Bureau to participate in the Emergency Broadband Benefit Program as a participating provider. ( 1 ) The Wireline Competition Bureau shall review and act on applications to be designated as a participating provider on an expedited basis. Such applications shall contain: ( i ) The states or territories in which the provider plans to participate; ( ii ) The service areas in which the provider has the authority, if needed, to operate in each state or territory, but has not been designated an eligible telecommunications carrier; and, ( iii ) Certifications and documentation of the provider's plan to combat waste, fraud, and abuse. ( 2 ) Notwithstanding paragraph (b)(1) of this section, the Wireline Competition Bureau shall automatically approve as a participating provider a broadband provider that has an established program as of April 1, 2020, that is widely available and offers internet service offerings to eligible households and maintains verification processes that are sufficient to avoid fraud, waste, and abuse. Such applications seeking automatic approval shall contain: ( i ) The states or territories in which the provider plans to participate; ( ii ) The service areas in which the provider has the authority, if needed, to operate in each state or territory, but has not been designated an Eligible Telecommunications Carrier; and, ( iii ) A description, supported by documentation, of the established program with which the provider seeks to qualify for automatic admission to the Emergency Broadband Benefit Program. ( c ) Election notice. All participating providers must file an election notice with the Administrator. The election notice must be submitted in a manner and form consistent with the direction of the Wireline Competition Bureau and the Administrator. At a minimum the election notice should contain: ( 1 ) The states or territories in which the provider plans to participate in the Emergency Broadband Benefit Program; ( 2 ) A statement that, in each state or territory, the provider was a “broadband provider” as of December 1, 2020; ( 3 ) A list of states or territories where the provider is an existing Eligible Telecommunications Carrier, if any; ( 4 ) A list of states or territories where the provider received Wireline Competition Bureau approval, whether automatic or expedited, to participate, if any; ( 5 ) Whether the provider intends to distribute connected devices; ( 6 ) A description of the internet service offerings for which the provider plans to seek reimbursement in each state or territory; and, ( 7 ) Documentation demonstrating the standard rates for those services in each state; and any other information necessary to establish participating providers in the Administrator's systems. ( d ) Suspension and debarment. The prohibition on participation and suspension and debarment rules established in 47 CFR 54.8 , shall apply to activities associated with or related to the Emergency Broadband Benefit Program. § 54.1602 Emergency Broadband Benefit. ( a ) The Emergency Broadband Benefit Program shall provide reimbursement to a participating provider for providing a discount on the price of broadband internet access service (and associated equipment), a connected device, or both, to an eligible household during the emergency period. ( b ) Participating providers may allow consumers whose households qualify for the Emergency Broadband Benefit Program pursuant to 47 CFR 54.1605 , to apply the Emergency Broadband Benefit to any residential service plan that includes broadband internet access service or a bundle of broadband internet access service along with fixed or mobile voice telephony service, text messaging service, or both. § 54.1603 Emergency Broadband Benefit Program support amount. ( a ) The Emergency Broadband Benefit Program support amount for all participating providers shall equal the actual discount provided to an eligible household off of the actual amount charged to such household, which shall be no more than the standard rate for an internet service offering and associated equipment, but not more than $50.00 per month, if that provider certifies that it will pass through the full amount of support to the eligible household, or not more than $75.00 per month, if that provider certifies that it will pass through the full amount of support to the eligible household on Tribal lands, as defined in 47 CFR 54.1600(t) . ( b ) A participating provider that, in addition to providing the Emergency Broadband Benefit Program to an eligible household, supplies such household with a connected device may be reimbursed up to $100.00 for such connected device, if the charge to such eligible household is more than $10.00 but less than $50.00 for such connected device, except that a participating provider may receive reimbursement for no more than one (1) connected device per eligible household. ( c ) If the amount of funding remaining in the Emergency Broadband Connectivity Fund is less than the total amount of valid reimbursement claims in the Emergency Broadband Benefit Program, the support amount for all participating providers submitting valid reimbursement claims for a month may be less than the full support amount permitted under this section. § 54.1604 Participating provider obligation to offer Emergency Broadband Benefit Program. ( a ) All participating providers in the Emergency Broadband Benefit Program must make available the Emergency Broadband Benefit Program to qualifying low-income consumers. ( b ) All participating providers in the Emergency Broadband Benefit Program are encouraged to: ( 1 ) Publicize the availability of the Emergency Broadband Benefit Program in a manner reasonably designed to reach those likely to qualify for the service. ( 2 ) Indicate on all materials describing the Emergency Broadband Benefit Program, using easily understood language in the dominant languages of the communities the provider serves: ( i ) The eligibility requirements for consumer participation; ( ii ) That the Emergency Broadband Benefit is non-transferable and is limited to one discount per household; ( iii ) The monetary charges to the customer; ( iv ) The available upload/download speeds and data caps for the covered services, and a list of connected devices, if any, with descriptions; ( v ) The provider's customer service telephone number, which must be prominently displayed on all promotional materials and adequately staffed by customer service representatives; and ( vi ) That the Emergency Broadband Benefit Program is a temporary emergency Federal Government benefit program operated by the Federal Communications Commission and, upon its conclusion, customers will be subject to the provider's regular rates, terms, and conditions. § 54.1605 Household qualification for Emergency Broadband Benefit Program. ( a ) To constitute an eligible household: ( 1 ) The household income as defined in 47 CFR 54.1600(m) must be at or below 135% of the Federal Poverty Guidelines for a household of that size; or ( 2 ) At least one member of the household must receive benefits from one of the following Federal assistance programs: Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; or Veterans and Survivors Pension Benefit; or ( 3 ) At least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); or ( 4 ) At least one member of the household has experienced a substantial loss of income since February 29, 2020, that is documented by layoff or furlough notice, application for unemployment insurance benefits, or similar documentation or that is otherwise verifiable through the National Verifier; or ( 5 ) At least one member of the household has received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) in the current award year, if such award is verifiable through the National Verifier or the participating provider verifies eligibility under 47 CFR 54.1606(a)(2) ; or ( 6 ) At least one member of the household meets the eligibility criteria for a participating provider's existing low-income or COVID-19 program, subject to the requirements of 47 CFR 54.1606(a)(2) ; or ( 7 ) If the household is located on Tribal lands, at least one member of the household participates in one of the following Tribal-specific Federal assistance programs: Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families; Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations. ( b ) In addition to meeting the qualifications provided in paragraph (a) of this section, in order to constitute an eligible household, no member of the household may already be receiving an Emergency Broadband Benefit Program discount. § 54.1606 Household eligibility determinations. ( a ) Eligibility verification processes. To verify whether a household is an eligible household, a participating provider shall— ( 1 ) Use the National Verifier; or ( 2 ) Rely upon an alternative verification process of the participating provider, if— ( i ) The participating provider submits information as required by the Commission regarding the alternative verification process prior to seeking reimbursement; and ( ii ) Not later than 7 days after receiving the information required under paragraph (a)(2)(i) of this section, the Wireline Competition Bureau— ( A ) Determines that the alternative verification process will be sufficient to avoid waste, fraud, and abuse; and ( B ) Notifies the participating provider of the determination under paragraph (a)(2)(ii)(A) of this section; or ( 3 ) Rely on a school to verify the eligibility of a household based on the participation of the household in the free and reduced price lunch program or the school breakfast program as described in 47 CFR 54.1600(h)(2) . The participating provider must retain documentation demonstrating the school verifying eligibility, the program(s) that the school participates in, the qualifying household, and the program(s) the household participates in. ( b ) Provider policies and procedures. All participating providers must implement policies and procedures for ensuring that their Emergency Broadband Benefit Program households are eligible to receive the Emergency Broadband Benefit. A provider may not provide a consumer with service that it represents to be Emergency Broadband Benefit-supported service or seek reimbursement for such service, unless and until it has: ( 1 ) Confirmed that the household is an eligible household pursuant to 47 CFR 54.1605 ; ( 2 ) Completed any other necessary enrollment steps, and; ( 3 ) Securely retained all information and documentation it receives related to the eligibility determination and enrollment, consistent with 47 CFR 54.1611 . ( c ) One-Per-Household Worksheet. If the prospective household shares an address with one or more existing Emergency Broadband Benefit Program subscribers according to the National Lifeline Accountability Database or National Verifier, the prospective subscriber must complete a form certifying compliance with the one-per-household rule prior to initial enrollment. ( d ) The National Lifeline Accountability Database. In order to receive Emergency Broadband Benefit Program support, participating providers must comply with the following requirements: ( 1 ) All participating providers must query the National Lifeline Accountability Database to determine whether a prospective subscriber is currently receiving an Emergency Broadband Benefit-supported service from another participating provider; and whether anyone else living at the prospective subscriber's residential address is currently receiving an Emergency Broadband Benefit-supported service. ( 2 ) If the National Lifeline Accountability Database indicates that a prospective subscriber who is not seeking to transfer his or her Emergency Broadband Benefit, is currently receiving an Emergency Broadband Benefit-supported service, the participating provider must not provide and shall not seek or receive Emergency Broadband Benefit reimbursement for that subscriber. ( 3 ) Participating providers may query the National Lifeline Accountability Database only for the purposes provided in paragraphs (e)(1) and (2) of this section, and to determine whether information with respect to its subscribers already in the National Lifeline Accountability Database is correct and complete. ( 4 ) Participating providers must transmit to the National Lifeline Accountability Database in a format prescribed by the Administrator each new and existing Emergency Broadband Benefit Program subscriber's full name; full residential address; date of birth; the telephone number associated with the Emergency Broadband Benefit Program service; the date on which the Emergency Broadband Benefit Program discount was initiated; the date on which the Emergency Broadband Benefit Program discount was terminated, if it has been terminated; the amount of support being sought for that subscriber; and the means through which the subscriber qualified for the Emergency Broadband Benefit Program. ( 5 ) All participating providers must update an existing Emergency Broadband Benefit Program subscriber's information in the National Lifeline Accountability Database within ten business days of receiving any change to that information, except as described in paragraph (d)(7) of this section. ( 6 ) All participating providers must obtain, from each new and existing subscriber, consent to transmit the subscriber's information. Prior to obtaining consent, the participating provider must describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Emergency Broadband Benefit Program, and that failure to provide consent will result in subscriber being denied the Emergency Broadband Benefit. ( 7 ) When a participating provider de-enrolls a subscriber from the Emergency Broadband Benefit Program, it must transmit to the National Lifeline Accountability Database the date of Emergency Broadband Benefit Program de-enrollment within one business day of de-enrollment. ( 8 ) All participating providers must securely retain subscriber documentation that the participating provider reviewed to verify subscriber eligibility, for the purposes of production during audits or investigations or to the extent required by National Lifeline Accountability Database or National Verifier processes, which require, inter alia, verification of eligibility, identity, address, and age. ( 9 ) A participating provider must not enroll or claim for reimbursement a prospective subscriber in the Emergency Broadband Benefit Program if the National Lifeline Accountability Database or National Verifier cannot verify the subscriber's status as alive, unless the subscriber produces documentation to demonstrate his or her identity and status as alive. ( e ) Connected device reimbursement and the National Lifeline Accountability Database. In order to receive Emergency Broadband Benefit Program reimbursement for a connected device, participating providers must comply with the following requirements: ( 1 ) Such participating provider must query the National Lifeline Accountability Database to determine whether a prospective connected device benefit recipient has previously received a connected device benefit. ( 2 ) If the National Lifeline Accountability Database indicates that a prospective subscriber has received a connected device benefit, the participating provider must not seek a connected device reimbursement for that subscriber. ( 3 ) Such participating provider shall not seek a connected device reimbursement for a subscriber that is not receiving the Emergency Broadband Benefit for service provided by the same participating provider. ( 4 ) Where two or more participating providers file a claim for a connected device reimbursement for the same subscriber, only the participating provider whose information was received and processed by the National Lifeline Accountability Database or Lifeline Claims System first, as determined by the Administrator, will be entitled to a connected device reimbursement for that subscriber. ( 5 ) All participating providers must obtain from each subscriber consent to transmit the information required under paragraph (e)(1) of this section. Prior to obtaining consent, the participating provider must describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Emergency Broadband Benefit Program connected device benefit, and that failure to provide consent will result in the subscriber being denied the Emergency Broadband Benefit Program connected device benefit. § 54.1607 Enrollment representative registration. Enrollment representative registration. A participating provider must require that enrollment representatives register with the Administrator before the enrollment representative can provide information directly or indirectly to the National Lifeline Accountability Database or the National Verifier. ( a ) As part of the registration process, participating providers must require that all enrollment representatives provide the Administrator with identifying information, which may include first and last name, date of birth, the last four digits of his or her social security number, email address, and residential address. Enrollment representatives will be assigned a unique identifier, which must be used for: ( 1 ) Accessing the National Lifeline Accountability Database; ( 2 ) Accessing the National Verifier; ( 3 ) Accessing any eligibility database; and ( 4 ) Completing any Emergency Broadband Benefit Program enrollment or verification forms. ( b ) Participating providers must ensure that enrollment representatives shall not use another person's unique identifier to enroll Emergency Broadband Benefit Program subscribers, recertify Emergency Broadband Benefit Program subscribers, or access the National Lifeline Accountability Database or National Verifier. ( c ) Participating providers must ensure that enrollment representatives shall regularly recertify their status with the Administrator to maintain their unique identifier and maintain access to the systems that rely on a valid unique identifier. Participating providers must also ensure that enrollment representatives shall update their registration information within 30 days of any change in such information. § 54.1608 Reimbursement for providing Emergency Broadband Benefit Program discount. ( a ) Emergency Broadband Benefit Program support for providing a qualifying broadband internet access service shall be provided directly to a participating provider based on the number of actual qualifying low-income households listed in the National Lifeline Accountability Database that the participating provider serves directly as of the first of the month. ( b ) For each eligible household receiving Emergency Broadband Benefit-supported service, the reimbursement amount shall equal the appropriate support amount as described in 47 CFR 54.1603 , except as otherwise provided by 47 CFR 54.1603(c) . The participating provider's Emergency Broadband Benefit Program reimbursement shall not exceed the participating provider's standard rate for that offering. ( c ) A participating provider offering an Emergency Broadband Benefit Program service with a standard rate that does not require the participating provider to assess and collect a monthly fee from its subscribers must certify that every subscriber claimed has used their supported service, as defined by 47 CFR 54.407(c)(2) , at least once during the service month being claimed prior in order to claim that subscriber for reimbursement in that month. ( d ) A participating provider that, in addition to providing the Emergency Broadband Benefit to an eligible household, provides such household with a connected device may be reimbursed up to $100.00 for such connected device, if the charge to such eligible household is more than $10.00 but less than $50.00 for such connected device, except that a participating provider may receive reimbursement for no more than one (1) connected device per eligible household. ( e ) In order to receive Emergency Broadband Benefit Program reimbursement, an officer of the participating provider must certify, as part of each request for reimbursement, that: ( 1 ) The officer is authorized to submit the request on behalf of the participating provider; ( 2 ) The officer has read the instructions relating to reimbursements and the funds sought in the reimbursement request are for services and/or devices that were provided in accordance with the Emergency Broadband Benefit Program rules and requirements; ( 3 ) The participating provider is in compliance with all of the rules in this subpart; ( 4 ) The participating provider has obtained valid certification and application forms as required by the rules in this subpart for each of the subscribers for whom it is seeking reimbursement; ( 5 ) The amount for which the participating provider is seeking reimbursement from the Emergency Broadband Connectivity Fund is not more than the standard rate; ( 6 ) Each eligible household for which the participating provider is seeking reimbursement for providing an internet service offering— ( i ) Has not been and will not be charged— ( A ) For such offering, if the standard rate for such offering is less than or equal to the amount of the emergency broadband benefit for such household; or ( B ) More for such offering than the difference between the standard rate for such offering and the amount of the emergency broadband benefit for such household; ( ii ) Will not be required to pay an early termination fee if such eligible household elects to enter into a contract to receive such internet service offering if such household later terminates such contract; ( iii ) Was not, after the date of the enactment of the Consolidated Appropriations Act, subject to a mandatory waiting period for such internet service offering based on having previously received broadband internet access service from such participating provider; and ( iv ) Will otherwise be subject to the participating provider's generally applicable terms and conditions as applied to other customers. ( 7 ) Each eligible household for which the participating provider is seeking reimbursement for supplying such household with a connected device was charged by the provider more than $10.00 but less than $50.00 for such connected device; ( 8 ) That the connected device claimed meets the Commission's requirements, that the reimbursement claim amount reflects the market value of the device, and that the connected device has been delivered to the household; ( 9 ) The process used by the participating provider to verify that a household is eligible for the Emergency Broadband Benefit Program, if the provider elects an alternative verification process and that such verification process was designed to avoid waste, fraud, and abuse. ( 10 ) The provider has retained the relevant supporting documents that demonstrate the connected devices requested are eligible for reimbursement; ( 11 ) All documentation associated with the reimbursement form, including all records for services and/or connected devices provided, will be retained for a period of at least six years after the last date of delivery of the supported services and/or connected devices provided through the Emergency Broadband Benefit Program, and are subject to audit; ( 12 ) The provider neither received nor paid kickbacks, as defined by 41 U.S.C. 8701 , in connection with the Emergency Broadband Benefit Program; ( 13 ) The information contained in this form is true, complete, and accurate to the best of the officer's knowledge, information, and belief, and is based on information known to the officer or provided to officer by employees responsible for the information being submitted; ( 14 ) The officer is aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject the officer to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise. ( 18 U.S.C. 286-287 , 1001 , 1341 , 31 U.S.C. 3729-3730 , 3801-3812 .); and ( 15 ) No service costs or devices sought for reimbursement have been waived, paid, or promised to be paid by another entity, including any Federal program. ( f ) In order to receive Emergency Broadband Benefit Program reimbursement, a participating provider must keep accurate records of the revenues it forgoes in providing Emergency Broadband Benefit-supported services. Such records shall be kept in the form directed by the Administrator and provided to the Administrator at intervals as directed by the Administrator or as provided in this subpart. ( g ) In order to receive reimbursement, participating providers shall submit certified reimbursement claims through Lifeline Claims System by the 15th of each month, or the following business day in the event the 15th is a holiday or falls on a weekend. If the participating provider fails to submit a certified reimbursement claim by the deadline for that month, the reimbursement claim will not be processed. § 54.1609 De-enrollment from the Emergency Broadband Benefit Program. ( a ) De-enrollment generally. If a participating provider has a reasonable basis to believe that an Emergency Broadband Benefit Program subscriber does not meet or no longer meets the criteria to be considered an eligible household under 47 CFR 54.1605 , the participating provider must notify the subscriber of impending termination of his or her Emergency Broadband Benefit discount. Notification of impending termination must be sent in writing separate from the subscriber's monthly bill, if one is provided, and must be written in clear, easily understood language. The participating provider must allow a subscriber 30 days following the date of the impending termination letter to demonstrate continued eligibility. A subscriber making such a demonstration must present proof of continued eligibility to the National Verifier or the participating provider consistent with the participating provider's approved alternative verification process. A participating provider must de-enroll any subscriber who fails to demonstrate eligibility within five business days after the expiration of the subscriber's deadline to respond. ( b ) De-enrollment for duplicative support. Notwithstanding paragraph (a) of this section, upon notification by the Administrator to any participating provider that a subscriber is receiving the Emergency Broadband Benefit discount from another participating provider, or that more than one member of a subscriber's household is receiving the Emergency Broadband Benefit discount and that the subscriber should be de-enrolled from participation in that provider's Emergency Broadband Benefit program, the participating provider must de-enroll the subscriber from participation in that provider's Emergency Broadband Benefit discount within five business days. A participating provider shall not claim any de-enrolled subscriber for Emergency Broadband Benefit reimbursement following the date of that subscriber's de-enrollment. ( c ) De-enrollment requested by subscriber. If a participating provider receives a request from a subscriber to de-enroll, it must de-enroll the subscriber within two business days after the request. § 54.1610 Expiration of Emergency Broadband Benefit Program. ( a ) Prior to the conclusion of the Emergency Broadband Benefit Program, the Administrator will notify participating providers of the projected final service month for which participating providers will be eligible to receive reimbursement for valid reimbursement claims submitted pursuant to 47 CFR 54.1608 . In that final month when valid reimbursement claims exceed remaining funds, the amount disbursed for both service and connected device claims to participating providers will be reduced on a pro-rata basis but will be no less than 50% of the total support amount for timely filed claims for service and connected devices provided to households. ( b ) Concurrent with release of the notice by the Administrator pursuant to paragraph (a) of this section, no new households shall be enrolled in the Emergency Broadband Benefit Program. ( c ) No later than 15 days after the Administrator provides notice pursuant to paragraph (a) of this section, participating providers shall give notice to subscribers receiving the Emergency Broadband Benefit of the last date or service month that the full benefit will apply to the household's bill, the last date or service month that the partial, final-month benefit will apply to their bill, and the expected rate of the broadband service once the benefit expires. ( d ) At least 30 days before the end of the Emergency Broadband Benefit Program, as indicated in the notice sent by the Administrator pursuant to paragraph (a) of this section, participating providers must notify households about the upcoming end to the Emergency Broadband Benefit Program and clearly state that the household will be subject to the participating provider's generally applicable terms and conditions at the conclusion of the Emergency Broadband Benefit Program if the household elects to continue receiving broadband service from the participating provider. § 54.1611 Recordkeeping requirements. Participating providers must maintain records to document compliance with all Commission requirements governing the Emergency Broadband Benefit Program for the six full preceding calendar years and provide that documentation to the Commission or Administrator upon request. Participating providers must maintain the documentation related to the eligibility determination and reimbursement claims for an Emergency Broadband Benefit Program subscriber for as long as the subscriber receives the Emergency Broadband Benefit discount from that participating provider, but for no less than the six full preceding calendar years. § 54.1612 Validity of electronic signatures. ( a ) For the purposes of this subpart, an electronic signature, defined by the Electronic Signatures in Global and National Commerce Act, as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record, has the same legal effect as a written signature. ( b ) For the purposes of this subpart, an electronic record, defined by the Electronic Signatures in Global and National Commerce Act as a contract or other record created, generated, sent, communicated, received, or stored by electronic means, constitutes a record. Subpart Q—Emergency Connectivity Fund Source: 86 FR 29158 , May 28, 2021, unless otherwise noted. § 54.1700 Terms and definitions. ( a ) Advanced telecommunications and information services. “Advanced telecommunications and information services” are services, as such term is used in section 254(h) of the Communications Act, 47 U.S.C. 254(h) . ( b ) Billed entity. A “billed entity” is the entity that remits payment to service providers for equipment and services rendered to eligible schools and libraries. ( c ) Connected devices. “Connected devices” are laptop computers or tablet computers that are capable of connecting to advanced telecommunications and information services. Connected devices do not include desktop computers or smartphones. ( d ) Consortium. A “consortium” is any local, statewide, regional, or interstate cooperative association of schools and/or libraries eligible for Emergency Connectivity Fund support that seeks funding for eligible services on behalf of some or all of its members. A consortium may also include health care providers eligible under subpart G of this part , and public sector (governmental) entities, including, but not limited to, state colleges and state universities, state educational broadcasters, counties, and municipalities, although such entities are not eligible for support. ( e ) COVID-19 emergency period. The “COVID-19 emergency period” has the meaning given the term in title VII, section 7402(d)(5), Public Law 117-2 (the American Rescue Plan Act). ( f ) Educational purposes. For purposes of this subpart, activities that are integral, immediate, and proximate to the education of students in the case of a school, or integral, immediate, and proximate to the provision of library services to library patrons in the case of a library, qualify as “educational purposes.” ( g ) Elementary school. An “elementary school” means an elementary school as defined in 20 U.S.C. 7801 , a non-profit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under state law. ( h ) Library. A “library” includes: ( 1 ) A public library; ( 2 ) A public elementary school or secondary school library; ( 3 ) A Tribal library; ( 4 ) An academic library; ( 5 ) A research library, which for the purpose of this section means a library that: ( i ) Makes publicly available library services and materials suitable for scholarly research and not otherwise available to the public; and ( ii ) Is not an integral part of an institution of higher education; and ( 6 ) A private library, but only if the state in which such private library is located determines that the library should be considered a library for the purposes of this paragraph (h) . ( i ) Library consortium. A “library consortium” is any local, statewide, regional, or interstate cooperative association of libraries that provides for the systematic and effective coordination of the resources of schools, public, academic, and special libraries and information centers, for improving services to the clientele of such libraries. For the purposes of this subpart, references to library will also refer to library consortium. ( j ) National school lunch program. The “national school lunch program” is a program administered by the U.S. Department of Agriculture and state agencies that provides free or reduced-price lunches to economically-disadvantaged children. A child whose family income is between 130 percent and 185 percent of applicable family size income levels contained in the nonfarm poverty guidelines prescribed by the Office of Management and Budget is eligible for a reduced-price lunch. A child whose family income is 130 percent or less of applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget is eligible for a free lunch. ( k ) Secondary school. A “secondary school” means a secondary school as defined in 20 U.S.C. 7801 , a non-profit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under state law except that the term does not include any education beyond grade 12. ( l ) Wi-Fi. “Wi-Fi” is a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11. ( m ) Wi-Fi hotspot. A “Wi-Fi hotspot” is a device that is capable of receiving advanced telecommunications and information services, and sharing such services with another connected device through the use of Wi-Fi. § 54.1701 Eligible recipients. ( a ) Schools. ( 1 ) Only schools meeting the statutory definition of “elementary school” or “secondary school” as defined in § 54.1700 , and not excluded under paragraph (a)(2) or (3) of this section shall be eligible for support under this subpart. ( 2 ) Schools operating as for-profit businesses shall not be eligible for support under this subpart. ( 3 ) Schools with endowments exceeding $50,000,000 shall not be eligible for support under this subpart. ( b ) Libraries. ( 1 ) Only libraries eligible for assistance from a state library administrative agency under the Library Services and Technology Act and not excluded under paragraph (b)(2) or (3) of this section shall be eligible for support under this subpart. ( 2 ) A library's eligibility for Emergency Connectivity Fund support shall depend on its funding as an independent entity. Only libraries whose budgets are completely separate from any schools (including, but not limited to, elementary and secondary schools, colleges, and universities) shall be eligible for support as libraries under this subpart. ( 3 ) Libraries operating as for-profit businesses shall not be eligible for support under this subpart. ( c ) Consortia. For consortia, reimbursement through the Emergency Connectivity Fund shall apply only to the portion of eligible equipment and services purchased by eligible schools and libraries and used by students, school staff, or library patrons as provided for by this subpart. § 54.1702 Emergency Connectivity Fund eligible equipment and services. ( a ) Eligible equipment. For the purposes of this subpart, the following shall be considered equipment eligible for Emergency Connectivity Fund support: ( 1 ) Wi-Fi hotspots; ( 2 ) Modems; ( 3 ) Routers; ( 4 ) Devices that combine a modem and a router; and ( 5 ) Connected devices. ( b ) Eligible services. ( 1 ) For purposes of this subpart, except as provided in paragraph (b)(2) of this section, services eligible for Emergency Connectivity Fund support shall be commercially-available fixed or mobile broadband internet access services, including those available for purchase by schools and libraries through bulk purchasing arrangements. ( 2 ) For eligible entities unable to provide students, school staff, or library patrons commercially-available fixed or wireless broadband internet access services, services eligible for Emergency Connectivity Fund support shall include the reasonable costs of construction of new networks, including self-provisioned networks included in the Emergency Connectivity Fund eligible services list; and/or the reasonable costs of customer premises equipment to receive datacasting services. § 54.1703 Emergency Connectivity Fund competitive bidding requirements. A school, library, or consortium seeking to participate in the Emergency Connectivity Fund must comply with all applicable state, local, or Tribal procurement requirements for all equipment and services supported by the Emergency Connectivity Fund. § 54.1704 Emergency Connectivity Fund gift restrictions. ( a ) Gift restrictions. ( 1 ) Subject to paragraphs (a)(3) and (4) of this section, an eligible school, library, or consortium that includes an eligible school or library may not directly or indirectly solicit or accept any gift, gratuity, favor, entertainment, loan, or any other thing of value from a service provider participating in or seeking to participate in the Emergency Connectivity Fund Program. No such service provider shall offer or provide any such gift, gratuity, favor, entertainment, loan, or other thing of value except as otherwise provided in this section. Modest refreshments not offered as part of a meal, items with little intrinsic value intended solely for presentation, and items worth $20 or less, including meals, may be offered or provided, and accepted by any individuals or entities subject to this subpart, if the value of these items received by any individual does not exceed $50 from any one service provider per funding year. The $50 amount for any service provider shall be calculated as the aggregate value of all gifts provided during a funding year by the individuals specified in paragraph (a)(2)(ii) of this section. ( 2 ) For purposes of this paragraph (a) : ( i ) The terms “school, library, or consortium” include all individuals who are on the governing boards of such entities (such as members of a school committee), and all employees, officers, representatives, agents, consultants or independent contractors of such entities involved on behalf of such school, library, or consortium with the Emergency Connectivity Fund Program, including individuals who prepare, approve, sign or submit Emergency Connectivity Fund Program applications, or other forms related to the Emergency Connectivity Fund Program, or who prepare bids, communicate, or work with Emergency Connectivity Fund Program service providers, Emergency Connectivity Fund Program consultants, or with the Administrator, as well as any staff of such entities responsible for monitoring compliance with the Emergency Connectivity Fund Program; and ( ii ) The term “service provider” includes all individuals who are on the governing boards of such an entity (such as members of the board of directors), and all employees, officers, representatives, agents, or independent contractors of such entities. ( 3 ) The restrictions set forth in this paragraph (a) shall not be applicable to the provision of any gift, gratuity, favor, entertainment, loan, or any other thing of value, to the extent given to a family member or a friend working for an eligible school, library, or consortium that includes an eligible school or library, provided that such transactions: ( i ) Are motivated solely by a personal relationship; ( ii ) Are not rooted in any service provider business activities or any other business relationship with any such eligible school, library, or consortium; and ( iii ) Are provided using only the donor's personal funds that will not be reimbursed through any employment or business relationship. ( 4 ) Any service provider may make charitable donations to an eligible school, library, or consortium that includes an eligible school or library in the support of its programs as long as such contributions are not directly or indirectly related to Emergency Connectivity Fund procurement activities or decisions and are not given by service providers to circumvent Emergency Connectivity Fund Program rules in this subpart. ( b ) COVID-19 pandemic exception. Any service provider may offer and provide, and any applicant may solicit and accept, broadband connections, devices, networking equipment, or other things of value directly related to addressing remote learning needs of students, school staff, and library patrons due to the COVID-19 pandemic through June 30, 2022. § 54.1705 Emergency Connectivity Fund eligible uses. Eligible equipment and services purchased with Emergency Connectivity Fund support must be used primarily for educational purposes, as defined in § 54.1700 . § 54.1706 Emergency Connectivity Fund service locations. ( a ) ( 1 ) Eligible schools and libraries can request and receive support for the purchase of eligible equipment and services for use by: ( i ) In the case of a school, students and school staff at locations other than the school; and ( ii ) In the case of a library, patrons of the library at locations other than the library. ( 2 ) Service locations may include, but are not limited to, homes, community centers, churches, school buses, bookmobiles, and any other off-campus locations where students, school staff, and library patrons are engaged in remote learning activities. ( b ) Eligible schools and libraries cannot request and receive support from the Emergency Connectivity Fund for the purchase of eligible equipment and services for use solely at the school or library during the COVID-19 emergency period. However, some use of eligible equipment, as defined in § 54.1700 , and eligible mobile services, purchased for off-campus may be used at the school or library is permitted. ( c ) Emergency Connectivity Fund support for eligible equipment and services is limited to no more than one fixed broadband internet access connection per location, and one connected device and one Wi-Fi hotspot device per student, school staff member, or library patron. For purposes of the per-location limitation imposed on fixed broadband internet access services in this paragraph (c) , each unit in a multi-tenant environment is a separate location for purposes of this paragraph (c) . § 54.1707 Emergency Connectivity Fund reasonable support amounts. Except as provided elsewhere in this subpart, in providing support from the Emergency Connectivity Fund, the Commission shall reimburse 100% of the costs associated with the eligible equipment and/or services, except that any reimbursement of for the costs associated with any eligible equipment or service may not exceed a reasonable support amount as provided in paragraphs (a) and (b) of this section. ( a ) Support amounts are limited up to $400 for connected devices and up to $250 for Wi-Fi hotspots. ( b ) The Wireline Competition Bureau is delegated authority to provide guidance to the Administrator to assess the reasonableness of requests for other eligible equipment or services, including those identified by the Administrator as containing costs that are inconsistent with other requests. § 54.1708 Emergency Connectivity Fund cap and requests. ( a ) Cap. ( 1 ) The Emergency Connectivity Fund shall have a cap of $7,171,000,000. ( 2 ) $1,000,000 to remain available until September 30, 2030, for the Inspector General of the Commission to conduct oversight of support provided through the Emergency Connectivity Fund. ( 3 ) Not more than 2% of the cap, or approximately $143,420,000, shall be used by the Commission and the Administrator for administration of the Emergency Connectivity Fund. ( b ) Requests. The Administrator shall implement an initial filing window, covering funding for purchases made between July 1, 2021 and June 30, 2022 for eligible equipment and services provided to students, school staff, and library patrons who would otherwise lack connected devices and/or broadband internet access services sufficient to engage in remote learning. All schools and libraries filing an application within that the initial filing period will have their applications treated as if they were simultaneously received. The initial filing period shall conclude after 45 days. If demand does not exceed available funds for the first filing window, the Wireline Competition Bureau will direct the Administrator to open a second application window for schools and libraries to seek funding for eligible equipment and services schools and libraries previously purchased to address the needs of students, school staff, and library patrons who would otherwise have lacked access to the equipment or services sufficient to engage in these activities during the COVID-19 pandemic. During this second application window, applicants will be able to submit requests for funding for purchases made from March 1, 2020 to June 30, 2021. However, in consideration of the importance of providing support for unconnected students, in the event that demand for prospective support in the first window appears to be far short of meeting current needs, the Commission may consider opening a second prospective window before opening an application window to fund previously purchased eligible equipment and services. If demand does not exceed available funds after the close of the second filing window, the Wireline Competition Bureau may direct the Administrator to open additional filing windows until the funds are exhausted or the emergency period ends, whichever is earlier. ( c ) Rules of distribution. ( 1 ) When the filing window(s) described in paragraph (b) of this section closes, the Administrator shall calculate the total demand for support submitted by applicants during the filing window. If total demand exceeds the total support available, the Administrator shall allocate funds to these requests for support, beginning with the most economically disadvantaged schools and libraries, as determined by the schools and libraries category one discount matrix in § 54.505(c) adjusted to provide a five percent increase for rural schools and libraries, as shown in the following matrix. Table 1 to Paragraph ( c )(1) % of students eligible for National School Lunch Program Emergency connectivity fund prioritization matrix Discount level Urban Rural < 1 20 30 1-19 40 55 20-34 50 65 35-49 60 75 50-74 80 85 75-100 90 95 ( 2 ) Schools and libraries eligible for a 95 percent discount shall receive first priority for the funds. The Administrator shall next allocate funds toward the requests submitted by schools and libraries eligible for an 90 percent discount, then for a 85 percent discount, and shall continue committing funds in the same manner to the applicants at each descending discount level until there are no funds remaining. If the remaining funds are not sufficient to support all of the funding requests within a particular discount level, the Administrator shall allocate funds at that discount level using the percentage of students eligible for the National School Lunch Program. § 54.1709 Availability period of the Emergency Connectivity Fund. The Emergency Connectivity Fund was established by Congress in the United States Treasury through an appropriation of $7.171 billion, to remain available until September 30, 2030. § 54.1710 Emergency Connectivity Fund requests for funding. ( a ) Filing of the FCC Form 471. An eligible school, library, or consortium that includes an eligible school or library seeking to receive Emergency Connectivity Fund support for eligible equipment and services under this subpart shall submit a completed FCC Form 471 to the Administrator. ( 1 ) The FCC Form 471 shall be signed by the person authorized to order eligible services for the eligible school, library, or consortium and shall include that person's certification under penalty of perjury that: ( i ) “I am authorized to submit this application on behalf of the above-named applicant and that based on information known to me or provided to me by employees responsible for the data being submitted, I hereby certify that the data set forth in this application has been examined and is true, accurate and complete. I acknowledge that any false statement on this application or on other documents submitted by this applicant can be punished by fine or forfeiture under the Communications Act ( 47 U.S.C. 502 , 503(b) ), or fine or imprisonment under Title 18 of the United States Code ( 18 U.S.C. 1001 ), or can lead to liability under the False Claims Act ( 31 U.S.C. 3729-3733 ).” ( ii ) “In addition to the foregoing, this applicant is in compliance with the rules and orders governing the Emergency Connectivity Fund Program, and I acknowledge that failure to be in compliance and remain in compliance with those rules and orders may result in the denial of funding, cancellation of funding commitments, and/or recoupment of past disbursements. I acknowledge that failure to comply with the rules and orders governing the Emergency Connectivity Fund Program could result in civil or criminal prosecution by law enforcement authorities.” ( iii ) “By signing this application, I certify that the information contained in this application is true, complete, and accurate, and the projected expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, sections 1001, 286-287 and 1341 and Title 31, sections 3729-3730 and 3801-3812).” ( iv ) The school meets the statutory definition of “elementary school” or “secondary school” as defined in § 54.1700 , does not operate as for-profit businesses, and does not have endowments exceeding $50 million. ( v ) The library or library consortia eligible is for assistance from a State library administrative agency under the Library Services and Technology Act, does not operate as for-profit businesses, and their budgets are completely separate from any school (including, but not limited to, elementary and secondary schools, colleges, and universities). ( vi ) The school, library, or consortia listed on the FCC Form 471 application has complied with all applicable state, local, or Tribal local laws regarding procurement of services for which support is being sought. ( vii ) The school or school consortium listed on the FCC Form 471 application is only seeking support for eligible equipment and/or services provided to students and school staff who would otherwise lack connected devices and/or broadband services sufficient to engage in remote learning. ( viii ) The library or library consortium listed on the FCC Form 471 application is only seeking support for eligible equipment and/or services provided to library patrons who have signed and returned a statement that the library patron would otherwise lack access to equipment or services sufficient to meet the patron's educational needs if not for the use of the equipment or service being provided by the library. ( ix ) The school, library, or consortia is not seeking Emergency Connectivity Fund support or reimbursement for eligible equipment or services that have been purchased and reimbursed in full with other Federal pandemic-relief funding, targeted state funding, other external sources of targeted funding or targeted gifts, or eligible for discounts from the schools and libraries universal service support mechanism or other universal service support mechanism. ( x ) The applicant or the relevant student, school staff member, or library patron has received, or the applicant has ordered or will order, the equipment and services for which funding is sought. ( xi ) The equipment and services the school, library, or consortium purchases or will purchase using Emergency Connectivity Fund support will be used primarily for educational purposes and will not be sold, resold, or transferred in consideration for money or any other thing of value, except as allowed by § 54.1713 . ( xii ) The school, library, or consortium will create and maintain an equipment and service inventory as required by § 54.1715 . ( xiii ) The school, library, or consortium has complied with all program rules and acknowledge that failure to do so may result in denial of discount funding and/or recovery of funding. ( xiv ) The applicant recognizes that it may be audited pursuant to its application, that it will retain for ten years any and all records related to its application, and that, if audited, it shall produce shall records at the request of any representative (including any auditor) appointed by a state education department, the Administrator, the Commission and its Office of Inspector General, or any local, state, or Federal agency with jurisdiction over the entity. ( xv ) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C. 1320a-7b , were paid or received by the applicant to anyone in connection with the Emergency Connectivity Fund. ( 2 ) Applicants seeking support for new network construction or end-user equipment for datacasting services through the Emergency Connectivity Fund must also certify under penalty of perjury that they sought service from existing service providers in the relevant area and that such service providers were unable or unwilling to provide broadband internet access services sufficient to meet the remote learning needs of their students, school staff, or library patrons. ( 3 ) All information submitted as part of an FCC Form 471 application shall be treated as public and non-confidential by the Administrator. ( b ) Service substitution. ( 1 ) A request by an applicant to substitute equipment or service for one identified on its FCC Form 471 must be in writing. ( 2 ) The Administrator shall approve such written request where: ( i ) The equipment or service has the same functionality; and ( ii ) This substitution does not violate any contract provisions or state, local, or Tribal procurement law. ( 3 ) In the event that an equipment or service substitution results in a change in the amount of support, support shall be based on the lower of either the price for the equipment or service for which support was originally requested or the price of the new, substituted equipment or service. Reimbursement for substitutions shall only be provided after the Administrator has approved a written request for substitution. ( c ) Mixed eligibility equipment and services. If equipment or service includes both ineligible and eligible components, the applicant must remove the cost of the ineligible components of the equipment or service from the request for funding submitted to the Administrator. [ 86 FR 29158 , May 28, 2021, as amended at 86 FR 38570 , July 22, 2021; 86 FR 41409 , Aug. 2, 2021] § 54.1711 Emergency Connectivity Fund requests for reimbursement. ( a ) Submission of request for reimbursement (FCC Form 472 or FCC Form 474). Emergency Connectivity Fund Program reimbursement for the costs associated with eligible equipment and/or services shall be provided directly to an eligible school, library, consortium that includes an eligible school or library, or service provider seeking reimbursement from the Emergency Connectivity Fund Program upon submission and approval of a completed FCC Form 472 (Billed Entity Applicant Reimbursement Form) or a completed FCC Form 474 (Service Provider Invoice) to the Administrator. ( 1 ) The FCC Form 472 shall be signed by the person authorized to submit requests for reimbursement for the eligible school, library, or consortium and shall include that person's certification under penalty of perjury that: ( i ) “I am authorized to submit this request for reimbursement on behalf of the above-named school, library or consortium and that based on information known to me or provided to me by employees responsible for the data being submitted, I hereby certify that the data set forth in this request for reimbursement has been examined and is true, accurate and complete. I acknowledge that any false statement on this request for reimbursement or on other documents submitted by this school, library or consortium can be punished by fine or forfeiture under the Communications Act ( 47 U.S.C. 502 , 503(b) ), or fine or imprisonment under Title 18 of the United States Code ( 18 U.S.C. 1001 ), or can lead to liability under the False Claims Act ( 31 U.S.C. 3729-3733 ).” ( ii ) “In addition to the foregoing, the school, library or consortium is in compliance with the rules and orders governing the Emergency Connectivity Fund Program, and I acknowledge that failure to be in compliance and remain in compliance with those rules and orders may result in the denial of funding, cancellation of funding commitments, and/or recoupment of past disbursements. I acknowledge that failure to comply with the rules and orders governing the Emergency Connectivity Fund Program could result in civil or criminal prosecution by law enforcement authorities.” ( iii ) “By signing this request for reimbursement, I certify that the information contained in this request for reimbursement is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, sections 1001, 286-287 and 1341 and Title 31, sections 3729-3730 and 3801-3812).” ( iv ) The funds sought in the request for reimbursement are for eligible equipment and/or services that were purchased or ordered in accordance with the Emergency Connectivity Fund Program rules and requirements in this subpart and received by either the school, library, or consortium, or the students, school staff, or library patrons as appropriate. ( v ) The portion of the costs eligible for reimbursement and not already paid for by another source was either paid for in full by the school, library, or consortium, or will be paid to the service provider within 30 days of receipt of funds. ( vi ) The amount for which the school, library, or consortium is seeking reimbursement from the Emergency Connectivity Fund consistent with the requirements set out in § 54.1707 . ( vii ) The school, library, or consortium is not seeking Emergency Connectivity Fund reimbursement for eligible equipment and/or services that have been purchased and reimbursed in full with other Federal pandemic relief funding ( e.g., the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Emergency Broadband Benefit Program, or other provisions of the American Rescue Plan), targeted state funding, other external sources of targeted funding, or targeted gifts or eligible for discounts from the schools and libraries universal service support mechanism or other universal service support mechanisms. ( viii ) The equipment and services the school, library, or consortium purchased using Emergency Connectivity Fund support will be used primarily for educational purposes as defined in § 54.1700 and that the authorized person is not willfully or knowingly requesting reimbursement for equipment or services that are not being used. ( ix ) The equipment and services the school, library, or consortium purchased will not be sold, resold, or transferred in consideration for money or any other thing of value, except as allowed by § 54.1713 . ( x ) The school, library, or consortium recognizes that it may be subject to an audit, inspection or investigation pursuant to its request for reimbursement, that it will retain for ten years any and all records related to its request for reimbursement, and will make such records and equipment purchased with Emergency Connectivity Fund reimbursement available at the request of any representative (including any auditor) appointed by a state education department, the Administrator, the Commission and its Office of Inspector General, or any local, state, or Federal agency with jurisdiction over the entity. ( xi ) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C. 1320a-7b , were paid or received by the applicant to anyone in connection with the Emergency Connectivity Fund. ( xii ) No Federal subsidy made available through a program administered by the Commission that provides funds to be used for the capital expenditures necessary for the provision of advanced communications services has been or will be used to purchase, rent, lease, or otherwise obtain, any covered communications equipment or service, or maintain any covered communications equipment or service, or maintain any covered communications equipment or service previously purchased, rented, leased, or otherwise obtained, as required by § 54.10 . ( 2 ) The FCC Form 474 shall be signed by the person authorized to submit requests for reimbursement for the service provider and shall include that person's certification under penalty of perjury that: ( i ) “I am authorized to submit this request for reimbursement on behalf of the above-named service provider and that based on information known to me or provided to me by employees responsible for the data being submitted, I hereby certify that the data set forth in this request for reimbursement has been examined and is true, accurate and complete. I acknowledge that any false statement on this request for reimbursement or on other documents submitted by this school, library or consortium can be punished by fine or forfeiture under the Communications Act ( 47 U.S.C. 502 , 503(b) ), or fine or imprisonment under Title 18 of the United States Code ( 18 U.S.C. 1001 ), or can lead to liability under the False Claims Act ( 31 U.S.C. 3729-3733 ).” ( ii ) “In addition to the foregoing, the service provider is in compliance with the rules and orders governing the Emergency Connectivity Fund Program, and I acknowledge that failure to be in compliance and remain in compliance with those rules and orders may result in the denial of funding, cancellation of funding commitments, and/or recoupment of past disbursements. I acknowledge that failure to comply with the rules and orders governing the Emergency Connectivity Fund Program could result in civil or criminal prosecution by law enforcement authorities.” ( iii ) “By signing this request for reimbursement, I certify that the information contained in this request for reimbursement is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, sections 1001, 286-287 and 1341 and Title 31, sections 3729-3730 and 3801-3812).” ( iv ) The funds sought in the request for reimbursement are for eligible equipment and/or services that were purchased or ordered in accordance with the Emergency Connectivity Fund Program rules and requirements in this subpart and received by either the school, library, or consortium, or by students, school staff, or library patrons, as appropriate. ( v ) The amount for which the service provider is seeking reimbursement from the Emergency Connectivity Fund is consistent with the requirements set forth in § 54.1707 . ( vi ) The service provider is not willfully or knowingly requesting reimbursement for services that are not being used. ( vii ) The service provider is not seeking Emergency Connectivity Fund reimbursement for eligible equipment and/or services for which it has already been paid. ( viii ) The service provider recognizes that it may be subject to an audit, inspection, or investigation pursuant to its request for reimbursement, that it will retain for ten years any and all records related to its request for reimbursement, and will make such records and equipment purchased with Emergency Connectivity Fund reimbursement available at the request of any representative (including any auditor) appointed by a state education department, the Administrator, the Commission and its Office of Inspector General, or any local, state, or Federal agency with jurisdiction over the entity. ( ix ) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C. 1320a-7b , were paid or received by the applicant to anyone in connection with the Emergency Connectivity Fund. ( x ) No Federal subsidy made available through a program administered by the Commission that provides funds to be used for the capital expenditures necessary for the provision of advanced communications services has been or will be used to purchase, rent, lease, or otherwise obtain, any covered communications equipment or service, or maintain any covered communications equipment or service, or maintain any covered communications equipment or service previously purchased, rented, leased, or otherwise obtained, as required by § 54.10 . ( b ) Required documentation. Along with the submission of a completed FCC Form 472 or a completed FCC Form 474, an eligible school, library, consortium that includes an eligible school or library, or service provider seeking reimbursement from the Emergency Connectivity Fund must submit invoices detailing the items purchased or ordered to the Administrator at the time the FCC Form 472 or FCC Form 474 is submitted. Applicants that seek payment from the Emergency Connectivity Fund prior to paying their service provider(s) must also provide verification of payment to the service provider(s) within 30 days of receipt of funds. ( c ) Reimbursement and invoice processing. The Administrator shall accept and review requests for reimbursement and invoices subject to the invoice filing deadlines provided in paragraph (d) of this section. ( d ) Invoice filing deadline. Invoices must be submitted to the Administrator within 60 days from the date of a funding commitment decision letter; a revised funding commitment decision letter approving a post-commitment change or a successful appeal of a previously denied or reduced funding; notification by the Administrator of a processed returned funds (or refund) request; or service delivery date, whichever is later. ( e ) Service delivery date. ( 1 ) Except as provided in paragraphs (e)(1)(i) and (ii) of this section, for the initial filing window set forth in § 54.1708(b) and second application filing window, the service delivery date for equipment, other non-recurring services, and recurring services is June 30, 2023. ( i ) If the funding commitment decision letter or a revised funding commitment decision letter approving an appeal, waiver, or post-commitment request for equipment, is received on or after July 1, 2022, the service delivery date for service funding requests is 14 months from the date of that letter or June 30, 2024, whichever date is earlier. ( ii ) If the funding commitment decision letter or a revised funding commitment decision letter approving an appeal, waiver, or post-commitment request for equipment, is received on or after January 1, 2023, the service delivery date for equipment is 180 days from the date of that letter or June 30, 2024, whichever date is earlier. ( 2 ) For the third application filing window and any subsequent filing windows covering funding for purchases made between July 1, 2022, and June 30, 2024, the service delivery date for equipment, other non-recurring services, and recurring services is June 30, 2024. [ 86 FR 29158 , May 28, 2021, as amended at 86 FR 41409 , Aug. 2, 2021, as amended at 86 FR 70985 , Dec. 14, 2021; 87 FR 14181 , Mar. 14, 2022; 87 FR 19395 , Apr. 4, 2022; 88 FR 36513 , June 5, 2023; 88 FR 58511 , Aug. 28, 2023] § 54.1712 Duplicate support. Entities participating in the Emergency Connectivity Fund may not seek Emergency Connectivity Fund support or reimbursement for eligible equipment or services that have been purchased with or reimbursed in full from other Federal pandemic-relief funding, targeted state funding, other external sources of targeted funding or targeted gifts, or eligible for discounts from the schools and libraries universal service support mechanism or other universal service support mechanisms. § 54.1713 Treatment, resale, and transfer of equipment. ( a ) Prohibition on resale. Eligible equipment and services purchased with Emergency Connectivity Fund support shall not be sold, resold, or transferred in consideration of money or any other thing of value, except as provided in paragraph (b) of this section. ( b ) Disposal of obsolete equipment. Eligible equipment purchased using Emergency Connectivity Fund support shall be considered obsolete if the equipment are at least three years old. Obsolete equipment may be resold or transferred in consideration of money or any other thing of value, disposed of, donated, or traded. § 54.1714 Audits, inspections, and investigations. ( a ) Audits. Schools, libraries, consortia, and service providers shall be subject to audits and other investigations to evaluate their compliance with the statutory and regulatory requirements in this subpart for the Emergency Connectivity Fund, including those requirements pertaining to what equipment and services are purchased, what equipment and services are delivered, and how equipment and services are being used. ( b ) Inspections and investigations. Schools, libraries, consortia, and service providers shall permit any representative (including any auditor) appointed by a state education department, the Administrator, the Commission and its Office of Inspector General, or any local, state, or Federal agency with jurisdiction over the entity to enter their premises to conduct inspections for compliance with the statutory and regulatory requirements in this subpart of the Emergency Connectivity Fund. ( c ) Production of records for audits, inspections, and investigations. Where necessary for compliance with Federal or state privacy laws, Emergency Connectivity Fund participants may produce records regarding students, school staff, and library patrons in an anonymized or deidentified format. When requested by the Administrator or the Commission, as part of an audit or investigation, schools, libraries, and consortia must seek consent to provide personally identification information from a student who has reached the age of majority, the relevant parent/guardian of a minor student, or the school staff member or library patron prior to disclosure. § 54.1715 Records retention. ( a ) Equipment and service inventory requirements. Schools, libraries, and consortia shall keep asset and service inventories as follows: ( 1 ) For each connected device or other piece of equipment provided to an individual student, school staff member, or library patron, the asset inventory must identify: ( i ) The device or equipment type ( i.e. laptop, tablet, mobile hotspot, modem, router); ( ii ) The device or equipment make/model; ( iii ) The device or equipment serial number; ( iv ) The full name of the person to whom the device or other piece of equipment was provided; and ( v ) The dates the device or other piece of equipment was loaned out and returned to the school or library, or the date the school or library was notified that the device or other piece of equipment was missing, lost, or damaged. ( 2 ) For each connected device or other piece of eligible equipment not provided to an individual student, school staff member, or library patron, but used to provide service to multiple eligible users, the asset inventory must contain: ( i ) The device type or equipment type ( i.e. laptop, tablet, mobile hotspot, modem, router); ( ii ) The device or equipment make/model; ( iii ) The device or equipment serial number; ( iv ) The name of the school or library employee responsible for that device or equipment; and ( v ) The dates the device or equipment was in service. ( 3 ) For services provided to individual students, school staff, or library patrons, the service inventory must contain: ( i ) The type of service provided ( i.e., DSL, cable, fiber, fixed wireless, satellite, mobile wireless); ( ii ) The service plan details, including upload and download speeds and monthly data cap; ( iii ) The full name of the person(s) to whom the service was provided; ( iv ) The service address (for fixed broadband service only); ( v ) The installation date of the service (for fixed broadband service only); and ( vi ) The last date of service, as applicable (for fixed broadband service only). ( 4 ) For services not provided to an individual student, school staff member, or library patron, but used to provide service to multiple eligible users, the service inventory must contain: ( i ) The type of service provided ( i.e., DSL, cable, fiber, fixed wireless, satellite, mobile wireless); ( ii ) The service plan details, including upload and download speeds and monthly data cap; ( iii ) The name of the school or library employee responsible for the service; ( iv ) A description of the intended service area; ( v ) The service address (for fixed broadband service only); ( vi ) The installation date of the service (for fixed broadband service only); and ( vii ) The last date of service, as applicable (for fixed broadband service only). ( b ) Records retention. All Emergency Connectivity Fund participants shall retain records related to their participation in the program sufficient to demonstrate compliance with all program rules in this subpart for at least ten (10) years from the last date of service or delivery of equipment. ( c ) Production of records. All Emergency Connectivity Fund participants shall present such records upon request any representative (including any auditor) appointed by a state education department, the Administrator, the Commission and its Office of Inspector General, or any local, state, or Federal agency with jurisdiction over the entity. When requested by the Administrator or the Commission, schools, libraries, and consortia must seek consent to provide personally identification information from a student who has reached the age of majority, the relevant parent/guardian of a minor student, or the school staff member or library patron prior to disclosure. § 54.1716 Children's Internet Protection Act certifications. ( a ) Definitions — ( 1 ) School. For the purposes of the certification requirements of this section, school means school, school board, school district, local education agency or other authority responsible for administration of a school. ( 2 ) Library. For the purposes of the certification requirements of this section, library means library, library board or authority responsible for administration of a library. ( 3 ) Billed entity. Billed entity is defined in § 54.1700 . In the case of a consortium, the billed entity is the lead member of the consortium. ( 4 ) Connected devices. Connected devices are defined in § 54.1700 . ( b ) Who is required to make certifications ? ( 1 ) A school or library that receives support for internet access, internet service, or internal connections services under the Federal universal service support mechanism for schools and libraries, or internet access or internet service through the Emergency Connectivity Fund, must make such certifications as described in paragraph (c) of this section. The certifications required and described in paragraph (c) of this section must be made in each funding year. ( 2 ) A school or library that receives support for connected devices through the Emergency Connectivity Fund and uses internet access or internet service funded through the Federal universal service support mechanism for schools and libraries or through the Emergency Connectivity Fund must make the certifications as described in paragraph (c) of this section. The certifications required and described in paragraph (c) of this section must be made in each funding year. ( 3 ) Schools and libraries that are not receiving support for internet access, internet service, or internal connections under the Federal universal service support mechanism for schools and libraries; internet access or internet service through the Emergency Connectivity Fund; or connected devices that do not use internet access or internet service funded through the Federal universal service support mechanism for schools and libraries or the Emergency Connectivity Fund are not subject to the requirements in 47 U.S.C. 254(h) and (l) , but must indicate, pursuant to the certification requirements in paragraph (c) of this section, that they are not receiving support for such services or that the connected devices do not use internet access or internet service funded through the Federal universal service support mechanism for schools and libraries or the Emergency Connectivity Fund. ( c ) Certifications required under 47 U.S.C. 254(h) and (1) . ( 1 ) An Emergency Connectivity Fund applicant need not complete additional Children's Internet Protection Act (CIPA) compliance certifications if the applicant has already certified its CIPA compliance for the relevant funding year ( i.e., has certified its compliance in an FCC Form 486 or FCC Form 479). ( 2 ) Emergency Connectivity Fund applicants that have not already certified their CIPA compliance for an E-Rate application for the relevant funding year ( i.e., have not completed a FCC Form 486 or FCC Form 479), will be required to certify: ( i ) That they are in compliance with CIPA requirements under sections 254(h) and (l); ( ii ) That they are undertaking the actions necessary to comply with CIPA requirements as part of their request for support through the Emergency Connectivity Fund; or ( iii ) If applicable, that the requirements of CIPA do not apply, because the applicant is not receiving support for internet access, internet service, or internal connections under the Federal universal service support mechanism for schools and libraries or internet access or internet service through the Emergency Connectivity Fund, or the connected devices do not use internet access or internet service funded through the Federal universal support mechanism for schools and libraries or the Emergency Connectivity Fund. ( d ) Failure to provide certifications — ( 1 ) Schools and libraries. A school or library that knowingly fails to submit certifications as required by this section shall not be eligible for support through the Emergency Connectivity Fund until such certifications are submitted. ( 2 ) Consortia. A billed entity's knowing failure to collect the required certifications from its eligible school and library members or knowing failure to certify that it collected the required certifications shall render the entire consortium ineligible for support through the Emergency Connectivity Fund. ( 3 ) Reestablishing eligibility. At any time, a school or library deemed ineligible for equipment and services under the Emergency Connectivity Fund because of failure to submit certifications required by this section may reestablish eligibility for support by providing the required certifications to the Administrator and the Commission. ( e ) Failure to comply with the certifications — ( 1 ) Schools and libraries. A school or library that knowingly fails to comply with the certifications required by this section must reimburse any funds and support received under the Emergency Connectivity Fund for the period in which there was noncompliance. ( 2 ) Consortia. In the case of consortium applications, the eligibility for support of consortium members who comply with the certification requirements of this section shall not be affected by the failure of other school or library consortium members to comply with such requirements. ( 3 ) Reestablishing compliance. At any time, a school or library deemed ineligible for support through the Emergency Connectivity Fund for failure to comply with the certification requirements of this section and that has been directed to reimburse the program for support received during the period of noncompliance may reestablish compliance by complying with the certification requirements under this section. Upon submittal to the Commission of a certification or other appropriate evidence of such remedy, the school or library shall be eligible for support through the Emergency Connectivity Fund. ( f ) Waivers based on state or local procurement rules and regulations and competitive bidding requirements. Waivers shall be granted to schools and libraries when the authority responsible for making the certifications required by this section cannot make the required certifications because its state or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required. The waiver shall be granted upon the provision, by the authority responsible for making the certifications on behalf of schools or libraries, that the schools or libraries will be brought into compliance with the requirements of this section before the close of the relevant funding year. § 54.1717 Administrator of the Emergency Connectivity Fund. ( a ) The Universal Service Administrative Company is appointed the permanent Administrator of the Emergency Connectivity Fund and shall be responsible for administering the Emergency Connectivity Fund. ( b ) The Administrator shall be responsible for reviewing applications for funding, recommending funding commitments, issuing funding commitment decision letters, reviewing invoices and recommending payment of funds, as well as other administration-related duties. ( c ) The Administrator may not make policy, interpret unclear provisions of statutes or rules, or interpret the intent of Congress. Where statutes or the Commission's rules in this subpart are unclear, or do not address a particular situation, the Administrator shall seek guidance from the Commission. ( d ) The Administrator may advocate positions before the Commission and its staff only on administrative matters relating to the Emergency Connectivity Fund. ( e ) The Administrator shall create and maintain a website, as defined in § 54.5 , on which applications for services will be posted on behalf of schools and libraries. ( f ) The Administrator shall provide the Commission full access to the data collected pursuant to the administration of the Emergency Connectivity Fund. ( g ) The administrator shall provide performance measurements pertaining to the Emergency Connectivity Fund as requested by the Commission by order or otherwise. ( h ) The Commission shall have the authority to audit all entities reporting data to the Administrator regarding the Emergency Connectivity Fund. When the Commission, the Administrator, or any independent auditor hired by the Commission or the Administrator, conducts audits of the participants of the Emergency Connectivity Fund, such audits shall be conducted in accordance with generally accepted government auditing standards. ( i ) The Commission shall establish procedures to verify support amounts provided by the Emergency Connectivity Fund and may suspend or delay support amounts if a party fails to provide adequate verification of the support amounts provided upon reasonable request from the Administrator. ( j ) The Administrator shall make available to whomever the Commission directs, free of charge, any and all intellectual property, including, but not limited to, all records and information generated by or resulting from its role in administering the support mechanisms, if its participation in administering the Emergency Connectivity Fund ends. If its participation in administering the Emergency Connectivity Fund ends, the Administrator shall be subject to close-out audits at the end of its term. § 54.1718 Appeal and waiver requests. ( a ) Parties permitted to seek review of Administrator decision. ( 1 ) Any party aggrieved by an action taken by the Administrator must first seek review from the Administrator. ( 2 ) Any party aggrieved by an action taken by the Administrator under paragraph (a)(1) of this section may seek review from the Federal Communications Commission as set forth in paragraph (b) of this section. ( 3 ) Parties seeking waivers of the Commission's rules in this subpart shall seek relief directly from the Commission and need not first file an action for review from the Administrator under paragraph (a)(1) of this section. ( b ) Filing deadlines. ( 1 ) An affected party requesting review of a decision by the Administrator pursuant to paragraph (a)(1) of this section shall file such a request within thirty (30) days from the date the Administrator issues a decision. ( 2 ) An affected party requesting review by the Commission pursuant to paragraph (a)(2) of this section of a decision by the Administrator under paragraph (a)(1) of this section shall file such a request with the Commission within thirty (30) days from the date of the Administrator's decision. Further, any party seeking a waiver of the Commission's rules under paragraph (a)(3) of this section shall file a request for such waiver within thirty (30) days from the date of the Administrator's initial decision, or, if an appeal is filed under paragraph (a)(1) of this section, within thirty days from the date of the Administrator's decision resolving such an appeal. ( 3 ) In all cases of requests for review filed under paragraphs (a)(1) through (3) of this section, the request for review shall be deemed filed on the postmark date. If the postmark date cannot be determined, the applicant must file a sworn affidavit stating the date that the request for review was mailed. ( 4 ) Parties shall adhere to the time periods for filing oppositions and replies set forth in § 1.45 of this chapter . ( c ) General filing requirements. ( 1 ) Except as otherwise provided in this section, a request for review of an Administrator decision by the Federal Communications Commission shall be filed with the Federal Communications Commission's Office of the Secretary in accordance with the general requirements set forth in part 1 of this chapter . The request for review shall be captioned “In the Matter of Request for Review by (name of party seeking review) of Decision of Universal Service Administrator” and shall reference the applicable docket numbers. ( 2 ) A request for review pursuant to paragraphs (a)(1) through (3) of this section shall contain: ( i ) A statement setting forth the party's interest in the matter presented for review; ( ii ) A full statement of relevant, material facts with supporting affidavits and documentation; ( iii ) The question presented for review, with reference, where appropriate, to the relevant Federal Communications Commission rule, Commission order, or statutory provision; and ( iv ) A statement of the relief sought and the relevant statutory or regulatory provision pursuant to which such relief is sought. ( 3 ) A copy of a request for review that is submitted to the Federal Communications Commission shall be served on the Administrator consistent with the requirement for service of documents set forth in § 1.47 of this chapter . ( 4 ) If a request for review filed pursuant to paragraphs (a)(1) through (3) of this section alleges prohibitive conduct on the part of a third party, such request for review shall be served on the third party consistent with the requirement for service of documents set forth in § 1.47 of this chapter . The third party may file a response to the request for review. Any response filed by the third party shall adhere to the time period for filing replies set forth in § 1.45 of this chapter and the requirement for service of documents set forth in § 1.47 of this chapter . ( d ) Review by the Wireline Competition Bureau or the Commission. ( 1 ) Requests for review of Administrator decisions that are submitted to the Federal Communications Commission shall be considered and acted upon by the Wireline Competition Bureau; provided, however, that requests for review that raise novel questions of fact, law, or policy shall be considered by the full Commission. ( 2 ) An affected party may seek review of a decision issued under delegated authority by the Wireline Competition Bureau pursuant to the rules set forth in part 1 of this chapter . ( e ) Standard of review. ( 1 ) The Wireline Competition Bureau shall conduct de novo review of request for review of decisions issued by the Administrator. ( 2 ) The Federal Communications Commission shall conduct de novo review of requests for review of decisions by the Administrator that involve novel questions of fact, law, or policy; provided, however, that the Commission shall not conduct de novo review of decisions issued by the Wireline Competition Bureau under delegated authority. ( f ) Emergency Connectivity Fund disbursements during pendency of a request for review and Administrator decision. When a party has sought review of an Administrator decision under paragraphs (a)(1) through (3) of this section, the Commission shall not process a request for the reimbursement of eligible equipment and/or services until a final decision has been issued either by the Administrator or by the Federal Communications Commission; provided, however, that the Commission may authorize disbursement of funds for any amount of support that is not the subject of an appeal. Subpart R—Affordable Connectivity Program Source: 87 FR 8373 , Feb. 14, 2022 unless otherwise noted. § 54.1800 Definitions. ( a ) Administrator. The term “Administrator” means the Universal Service Administrative Company. ( b ) Affordable connectivity benefit. The term “affordable connectivity benefit” means a monthly discount for an eligible household, applied to the actual amount charged to such household, in an amount equal to such amount charged, but not more than $30, or, if an internet service offering is provided to an eligible household on Tribal land, not more than $75. ( c ) Broadband internet access service. The term “broadband internet access service” has the meaning given such term in 47 CFR 8.1(b) or any successor regulation. ( d ) Broadband provider. The term “broadband provider” means a provider of broadband internet access service. ( e ) Commission. The term “Commission” means the Federal Communications Commission. ( f ) Connected device. The term “connected device” means a laptop or desktop computer or a tablet. ( g ) Designated as an eligible telecommunications carrier. The term “designated as an eligible telecommunications carrier,” with respect to a broadband provider, means the broadband provider is designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 ( 47 U.S.C. 214(e) ). ( h ) Direct service. As used in this subpart, direct service means the provision of service directly to the qualifying low-income consumer. ( i ) Duplicative support. “Duplicative support” exists when an Affordable Connectivity Program subscriber or household is receiving two or more Affordable Connectivity Program services concurrently or two or more subscribers in a household have received a connected device with an Affordable Connectivity Program discount. ( j ) Eligible household. The term “eligible household” means, regardless of whether the household or any member of the household receives support under subpart E of this Part , and regardless of whether any member of the household has any past or present arrearages with a broadband provider, a household in which— ( 1 ) At least one member of the household meets the qualifications in § 54.409(a)(2) or (3) or (b) ; ( 2 ) The household's income as defined in § 54.1800(k) is at or below 200% of the Federal Poverty Guidelines for a household of that size; ( 3 ) At least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ), or at least one member of the household is enrolled in a school or school district that participates in the Community Eligibility Provision ( 42 U.S.C. 1759a ); ( 4 ) At least one member of the household has received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) in the current award year, if such award is verifiable through the National Verifier or National Lifeline Accountability Database or the participating provider verifies eligibility under § 54.1806(a)(2) ; ( 5 ) At least one member of the household meets the eligibility criteria for a participating provider's existing low-income program, subject to the requirements of § 54.1806(a)(2) ; or ( 6 ) At least one member of the household receives assistance through the special supplemental nutritional program for women, infants and children established by section 17 of the Child Nutrition Act of 1996 ( 42 U.S.C. 1786 ). ( 7 ) Compliance with paragraph (j)(1) of this section will not be required until this paragraph (j)(7) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after OMB completes review of any information collection requirements in subpart E of this part , §§ 54.403(a)(4) , 54.410(d)(2)(ii) , 54.410(i) , and 54.424 , that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for the requirements of paragraph (j)(1) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. ( k ) Enrollment representative. “Enrollment representative” means an employee, agent, contractor, or subcontractor, acting on behalf of a participating provider or third-party entity, who directly or indirectly provides information to the Administrator for the purpose of eligibility verification, enrollment, subscriber personal information updates, benefit transfers, or de-enrollment. ( l ) Household. A “household” is any individual or group of individuals who are living together at the same address as one economic unit. A household may include related and unrelated persons. An “economic unit” consists of all adult individuals contributing to and sharing in the income and expenses of a household. An adult is any person eighteen years or older. If an adult has no or minimal income, and lives with someone who provides financial support to him/her, both people shall be considered part of the same household. Children under the age of eighteen living with their parents or guardians are considered to be part of the same household as their parents or guardians. ( m ) Income. “Income” means gross income as defined under section 61 of the Internal Revenue Code, 26 U.S.C. 61 , for all members of the household. This means all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code, Part III of Title 26, 26 U.S.C. 101 et seq. ( n ) Internet service offering. The term “internet service offering” means, with respect to a broadband provider, broadband internet access service provided by such provider to a household. ( o ) Lifeline qualifying assistance program. A “Lifeline qualifying assistance program” means any of the Federal or Tribal assistance programs the participation in which, pursuant to § 54.409(a) or (b) , qualifies a consumer for Lifeline service, including Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; Veterans and Survivors Pension Benefit; Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families (Tribal TANF); Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations (FDPIR). ( p ) National Lifeline Accountability Database. The “National Lifeline Accountability Database” is an electronic system, with associated functions, processes, policies and procedures, to facilitate the detection and elimination of duplicative support, as directed by the Commission. ( q ) National Lifeline Eligibility Verifier or National Verifier. The “National Lifeline Eligibility Verifier” or “National Verifier” is an electronic and manual system with associated functions, processes, policies and procedures, to facilitate the determination of consumer eligibility for the Lifeline program and Affordable Connectivity Program, as directed by the Commission. ( r ) Participating provider. The term “participating provider” means a broadband provider that— ( 1 ) Is designated as an eligible telecommunications carrier; or ( 2 ) Meets the requirements established by the Commission for participation in the Affordable Connectivity Program and is approved by the Commission under § 54.1801(b) ; and ( 3 ) Elects to participate in the Affordable Connectivity Program; and ( 4 ) Has not been removed or voluntarily withdrawn from the Affordable Connectivity Program pursuant to § 54.1801(e) . ( s ) Tribal lands. For purposes of this subpart, “Tribal lands” include any federally recognized Indian tribe's reservation, pueblo, or colony, including former reservations in Oklahoma; Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688); Indian allotments; Hawaiian Home Lands—areas held in trust for Native Hawaiians by the State of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920 July 9, 1921, 42 Stat. 108, et. seq., as amended; and any land designated as such by the Commission for purposes of subpart E of this part pursuant to the designation process in § 54.412 . [ 87 FR 8373 , Feb. 14, 2022, as amended at 88 FR 84447 , Dec. 5, 2023] § 54.1801 Participating providers. ( a ) Eligible telecommunications carriers. A broadband provider that is designated as an eligible telecommunications carrier may participate in the Affordable Connectivity Program as a participating provider. ( b ) Other broadband providers. A broadband provider that is not designated as an eligible telecommunications carrier may seek approval from the Wireline Competition Bureau to participate in the Affordable Connectivity Program as a participating provider. ( 1 ) The Wireline Competition Bureau shall review and act on applications to be designated as a participating provider on an expedited basis. Such applications shall contain: ( i ) The states or territories in which the provider plans to participate; ( ii ) The service areas in which the provider has the authority, if needed, to operate in each State or territory, but has not been designated an eligible telecommunications carrier; and, ( iii ) Certifications of the provider's plan to combat waste, fraud, and abuse, which shall: ( A ) Confirm a household's eligibility for the Program through either the National Verifier or a Commission-approved eligibility verification process prior to seeking reimbursement for the respective subscriber; ( B ) Follow all enrollment requirements and obtain all certifications as required by the Program, including providing eligible households with information describing the Program's eligibility requirements, one-per-household rule, and enrollment procedures; ( C ) Interact with the necessary Administrator systems, including the National Verifier, National Lifeline Accountability Database, and Representative Accountability Database, before submitting claims for reimbursement, including performing the necessary checks to ensure the household is not receiving duplicative benefits within the Program; ( D ) De-enroll from the Program any household it has a reasonable basis to believe is no longer eligible to receive the benefit consistent with Program requirements; ( E ) Comply with the Program's document retention requirements and agree to make such documentation available to the Commission or USAC, upon request or any entities (for example, auditors) operating on their behalf; and ( F ) Agree to the Commission's enforcement and forfeiture authority. ( 2 ) Notwithstanding paragraph (b)(1) of this section, the Wireline Competition Bureau shall automatically approve as a participating provider a broadband provider that has an established program as of April 1, 2020, that is widely available and offers internet service offerings to eligible households and maintains verification processes that are sufficient to avoid fraud, waste, and abuse. Such applications seeking automatic approval shall contain: ( i ) The States or territories in which the provider plans to participate; ( ii ) The service areas in which the provider has the authority, if needed, to operate in each State or territory, but has not been designated an Eligible Telecommunications Carrier; and, ( iii ) A description, supported by documentation, of the established program with which the provider seeks to qualify for automatic admission to the Affordable Connectivity Program. ( c ) Election notice. All participating providers shall file an election notice with the Administrator. The election notice shall be submitted in a manner and form consistent with the direction of the Wireline Competition Bureau and the Administrator. All participating providers shall maintain up-to-date contact and other administrative information contained in the election notice as designated by the Wireline Competition Bureau and the Administrator. These updates shall be made within 10 business days of the change in designated information contained in the election notice. The election notice shall be made under penalty of perjury or perjury and at a minimum should contain: ( 1 ) The states or territories in which the provider plans to participate in the Affordable Connectivity Program; ( 2 ) A statement that, in each State or territory, the provider was a “broadband provider;” ( 3 ) A list of states or territories where the provider is an existing Eligible Telecommunications Carrier, if any; ( 4 ) A list of states or territories where the provider received Wireline Competition Bureau approval, whether automatic or expedited, to participate, if any; ( 5 ) Whether the provider intends to distribute connected devices, and if so, documentation and information detailing the equipment, co-pay amount charged to eligible households, and market value of the connected devices in compliance with the rules and orders of the Affordable Connectivity Program; and ( 6 ) Any other information necessary to establish the participating provider in the Administrator's systems. ( d ) Alternative verification process application. In accordance with § 54.1806(a)(2) , all participating providers seeking to verify household eligibility with an alternative verification process shall submit an application in a manner and form consistent with the direction of Wireline Competition Bureau. All participating providers shall maintain up-to-date information contained in the application as designated by the Wireline Competition Bureau. These updates shall be made within 10 business days of the change in designated information. The alternative verification process application shall be made under penalty of perjury and at a minimum should contain: ( 1 ) A description of how the participating provider will collect a prospective subscriber's— ( i ) Full name, ( ii ) Phone number, ( iii ) Date of birth, ( iv ) Email address, ( v ) Home and mailing addresses, ( vi ) Name and date of birth of the benefit qualifying person if different than applicant, ( vii ) Household eligibility criteria and documentation supporting verification of eligibility, and ( viii ) Certifications from the household that the information included in the application is true. ( 2 ) A description of the process the participating provider uses to verify the required subscriber information contained in paragraph (d)(1) of this section and why this process is sufficient to prevent waste, fraud, and abuse, ( 3 ) A description of the training the participating provider uses for its employees and agents to prevent ineligible enrollments, including enrollments based on fabricated documents, ( 4 ) A description of why any of the criteria contained in paragraphs (d)(1) through (3) of this section is not necessary to prevent waste, fraud, and abuse if any of the criteria are not part of the alternative verification process, and ( 5 ) A description of why the participating provider's established program requires approval of an alternative verification process and why the participating provider proposes to use an alternative verification process instead of the National Verifier for eligibility determinations. ( e ) Voluntary withdrawal or involuntary removal of participating providers from the Affordable Connectivity Program — ( 1 ) Definitions. For purposes of this paragraph (e) : ( i ) Removal. Removal means involuntary discontinuation of a provider's participation in the Affordable Connectivity Program pursuant to the process outlined in paragraphs (e)(2)(ii) and (iii) of this section. ( ii ) Suspension. Suspension means exclusion of a participating provider from activities related to the Affordable Connectivity Program for a temporary period pending completion of a removal proceeding. ( 2 ) Suspension and removal — ( i ) Suspension and removal in general. The Commission may suspend and/or remove a participating provider for any of the causes in paragraph (e)(2)(ii) of this section. Suspension or removal of a participating provider constitutes suspension or removal of all its divisions, other organizational elements, and individual officers and employees, unless the Commission limits the application of the suspension or removal to specifically identified divisions, other organizational elements, or individuals or to specific types of transactions. ( ii ) Causes for suspension or removal. Causes for suspension or removal are any of the following: ( A ) Violations of the rules or requirements of the Affordable Connectivity Program, the Emergency Broadband Benefit Program, the Lifeline program, the Emergency Connectivity Fund or successor programs, or any of the Commission's Universal Service Fund programs; ( B ) Any action that indicates a lack of business integrity or business honesty that seriously and directly affects the provider's responsibilities under the Affordable Connectivity Program, that undermines the integrity of the Affordable Connectivity Program, or that harms or threatens to harm prospective or existing program participants, including without limitation fraudulent enrollments. ( C ) A conviction or civil judgment for attempt or commission of fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, false statements, receiving stolen property, making false claims, obstruction of justice, or similar offense, that arises out of activities related to the Affordable Connectivity Program, the Emergency Broadband Benefit Program, the Lifeline program, the Emergency Connectivity Fund or successor programs, or any of the Commission's Universal Service Fund programs. ( iii ) Suspension and removal procedures. The following procedures apply to the suspension and removal of a participating provider: ( A ) The Chief of the Wireline Competition Bureau or Enforcement Bureau will commence a removal proceeding by providing to the participating provider a notice via electronic mail and/or U.S. mail setting forth the legal and factual bases for the initiation of the removal proceeding (as well as notice of any interim measures taken under paragraph (e)(2)(iii)(B) of this section and reasons therefor) and informing the provider of its duty to respond within 30 days of the date of the notice. ( B ) Concurrent with the issuance of such notice commencing the removal proceeding, or at any time before a final determination in the proceeding is rendered, the Chief of the Wireline Competition Bureau or Enforcement Bureau may, in light of the facts and circumstances set forth in the notice commencing the removal proceeding, and with notice to the provider of this interim measure, direct that the participating provider be removed from the Commission's list of providers, from the Administrator's Companies Near Me Tool, or from any similar records, and also may direct the Administrator to temporarily suspend the provider's ability to enroll or transfer in new subscribers during the pendency of the removal proceeding. Any such interim actions may be taken only {i} if based upon adequate evidence of willful misconduct that would warrant removal under paragraph (e)(2)(ii) of this section, and {ii} after determining that immediate action is necessary to protect the public interest. In addition, the Chief of the Wireline Competition Bureau or Enforcement Bureau may also direct, with notice to the provider, that an interim funding hold (or partial hold) be placed on the provider upon a determination that there is adequate evidence that the provider's misconduct is likely to cause or has already resulted in improper claims for Affordable Connectivity Program reimbursement and is necessary to protect the public interest. Any funding hold should be tailored in a manner that relates to and is proportionate to the alleged misconduct. ( C ) The participating provider shall respond within 30 days of the date of the notice commencing the removal proceeding with any relevant evidence demonstrating that a rule violation or other conduct warranting removal has not in fact occurred and that the provider should not be removed from the Affordable Connectivity Program. Failure to respond or to provide evidence in a timely manner will result in a finding against the provider, removal from the program, and revocation of the provider's authorization to participate in the Affordable Connectivity Program. ( D ) Within 30 days of receiving the response, the Chief of the Wireline Competition Bureau or Enforcement Bureau will make a determination and issue an order providing a detailed explanation for the determination. If the Chief of the Wireline Competition Bureau or Enforcement Bureau determines that a preponderance of the evidence fails to demonstrate that there has been conduct warranting removal, then any measures taken under paragraph (e)(2)(iii)(B) of this section will be discontinued immediately. If the Chief of the Wireline Competition Bureau or Enforcement Bureau determines by a preponderance of the evidence that there has been conduct warranting removal, the provider's authorization to participate in the Affordable Connectivity Program will be revoked, and the provider shall be immediately removed from the program. Upon removal from the program, the former participating provider shall be barred from seeking to rejoin, and from participating in, the Affordable Connectivity Program for at least five years, or such longer period as provided for in the order, based upon review of all relevant circumstances. Any such providers will be similarly barred from participation in any Affordable Connectivity Program successor program during the removal period determined under the order. ( E ) A provider may request reconsideration of the Bureau Chief's determination under paragraph (e)(2)(iii)(D) of this section or submit a request for review by the full Commission pursuant to the Commission's rules. See §§ 1.106 , 1.115 of this chapter . A provider may also seek a stay of the Bureau Chief's determination under §§ 1.43 and 1.102(b)(3) of this chapter . ( 3 ) Voluntary withdrawal. A participating provider may withdraw its election to participate in the Affordable Connectivity Program by submitting a written notice of voluntary withdrawal to the Administrator at least 90 days before the intended effective date of the withdrawal. The notice of voluntary withdrawal shall include statements that the provider is complying with each of the transition provisions set forth in paragraph (d)(4) of this section. ( 4 ) Transition provisions for participating providers that are removed or that voluntarily withdraw from the program and their subscribers. ( i ) A participating provider shall cease to enroll or transfer in new households or to advertise or market the discounted rates for its services subject to the affordable connectivity benefit— ( A ) Immediately upon the effective date of the final removal determination, unless the provider has already been precluded on an interim basis from transferring in or enrolling new households; or ( B ) At least 90 days before the effective date of the provider's voluntary withdrawal from the program. ( ii ) A participating provider shall provide notices regarding its removal from the program to its existing eligible household subscribers to which it provides service at discounted rates subject to the affordable connectivity benefit. ( A ) The provider shall issue the first notice within 30 days of the removal determination and the second notice at least 15 days before the effective date of the provider's removal from the Affordable Connectivity Program. ( B ) Such notices shall include— ( 1 ) A statement that the participating provider will be removed from and no longer be participating in the Affordable Connectivity Program; ( 2 ) The effective date of the provider's removal from the Affordable Connectivity Program; ( 3 ) A statement that upon the effective date of the removal, the service purchased by the eligible household will no longer be available from the provider at the discounted rate subject to the affordable connectivity benefit; ( 4 ) The amount that the eligible household will be expected to pay if it continues purchasing the service from the provider after the discounted rate is no longer available; ( 5 ) An explanation that in order to continue receiving internet service with an affordable connectivity benefit after the provider has been removed from the program, the eligible household must transfer its affordable connectivity benefit to a different participating provider; ( 6 ) Information on how to locate providers participating in the Affordable Connectivity Program, including the web address for USAC's Companies Near Me tool, any provider listing published by the Commission, and other resources as applicable; ( 7 ) Instructions on how to find and select a new participating provider and to request such a transfer; ( 8 ) The provider's customer service telephone number and the telephone number and email address of the Administrator's Affordable Connectivity Program support center; and ( 9 ) Other information as determined by the Wireline Competition Bureau. ( iii ) A participating provider shall provide written notices regarding its voluntary withdrawal from the program to its existing eligible household subscribers to which it provides service at discounted rates subject to the affordable connectivity benefit. ( A ) The provider shall issue such notices 90 days, 60 days, and 30 days before the effective date of the provider's voluntary withdrawal from the program. ( B ) Such notices shall include— ( 1 ) The date when the service purchased by the eligible household will no longer be available from the provider at the discounted rate subject to the affordable connectivity benefit; ( 2 ) The amount that the eligible household will be expected to pay if it continues purchasing the service from the provider after the affordable connectivity program discount is no longer available and the effective date of the new rate; ( 3 ) An explanation that in order to continue receiving internet service with an affordable connectivity benefit after the provider withdraws from the Affordable Connectivity Program, the eligible household shall transfer its affordable connectivity benefit to a different participating provider; ( 4 ) Instructions on how to find and select a new participating provider and to request such a transfer; ( 5 ) Information on how to locate providers participating in the Affordable Connectivity Program, including the web address for the Administrator's Companies Near Me tool, any provider listing published by the Commission, and other resources as applicable; and ( 6 ) The provider's customer service telephone number and the telephone number and email address of the Administrator's Affordable Connectivity Program support center. ( iv ) A provider shall continue providing service to its existing eligible household subscribers at discounted rates subject to the affordable connectivity benefit— ( A ) Until the date 60 days after the effective date of the removal or order; or ( B ) Until the effective date of its voluntary withdrawal from the program. ( v ) A provider that has been removed or that has voluntarily withdrawn from the program may continue to request and receive reimbursements from the Administrator for the amount of the affordable connectivity benefit discounts that it provided to eligible household subscribers during the required 60 days following removal or until voluntary withdrawal, subject to the deadline for filing reimbursement claims. ( vi ) The provider shall retain records demonstrating its compliance with these transition requirements. ( f ) Annual certification by participating providers. An officer of the participating provider who oversees Affordable Connectivity Program business activities shall annually certify, under the penalty of perjury, that the participating provider has policies and procedures in place to comply with all Affordable Connectivity Program rules and procedures. This annual certification shall be made in a manner prescribed by the Wireline Competition Bureau and the Administrator. At a minimum, the annual certification requires the aforementioned officer of the participating provider attest to: ( 1 ) The participating provider having policies and procedures in place to ensure that its enrolled households are eligible to receive Affordable Connectivity Program support; ( 2 ) The participating provider having policies and procedures in place to ensure it accurately and completely provides information to required administrative systems, including the National Verifier, National Lifeline Accountability Database, Representative Accountability Database, and other Administrator Systems; and, ( 3 ) The participating provider acknowledging that: ( i ) It is subject to the Commission's enforcement, fine, or forfeiture authority under the Communications Act; ( ii ) It is liable for violations of the Affordable Connectivity Program rules and that its liability extends to violations by its agents, contractors, and representatives; ( iii ) Failure to be in compliance and remain in compliance with the Affordable Connectivity Program rules and orders, or for its agents, contractors, or representatives to fail to be in compliance, may result in the denial of funding, cancellation of funding commitments, and the recoupment of past disbursements; and ( iv ) Failure to comply with the rules and orders governing the Affordable Connectivity Program could result in civil or criminal prosecution by law enforcement authorities. § 54.1802 Affordable connectivity benefit. ( a ) The Affordable Connectivity Program will provide reimbursement to a participating provider for the monthly affordable connectivity benefit on the price of broadband internet access service (including associated equipment necessary to provide such service) it provides to an eligible household plus any amount the participating provider is entitled to receive for providing a connected device to such a household under § 54.1803(b) . ( b ) A participating provider may allow an eligible household to apply the affordable connectivity benefit to any residential service plan selected by the eligible household that includes broadband internet access service or a bundle of broadband internet access service along with fixed or mobile voice telephony service, text messaging service, or both. [ 87 FR 8373 , Feb. 14, 2022, as amended at 87 FR 8382 , Feb. 14, 2022] § 54.1803 Affordable Connectivity Program support amounts. ( a ) The monthly affordable connectivity benefit support amount for all participating providers shall equal the actual discount provided to an eligible household off of the actual amount charged to such household but not more than $30.00 per month, if that provider certifies that it will pass through the full amount of support to the eligible household, or not more than $75.00 per month, if that provider certifies that it will pass through the full amount of support to the eligible household on Tribal lands, as defined in § 54.1800(s) , or not more than $75.00 per month, if that provider certifies that it will pass through the full amount of support to the eligible household in a high-cost area, as defined in § 54.1814(a) , and is approved to offer the enhanced high-cost benefit in that high-cost area pursuant to the process in § 54.1814(b) . ( b ) A participating provider that, in addition to providing a broadband internet access service subject to the affordable connectivity benefit to an eligible household, supplies such household with a connected device may be reimbursed by an amount equal to the market value of the device less the amount charged to and paid by the eligible household, but no more than $100.00 for such connected device. ( 1 ) A participating provider that provides a connected device to an eligible household shall charge and collect from the eligible household more than $10.00 but less than $50.00 for such connected device; ( 2 ) An eligible household may receive, and a participating provider may receive reimbursement for, no more than one (1) connected device per eligible household; ( 3 ) The eligible household shall not receive such a discount for a connected device, and the participating provider shall not receive reimbursement for providing the connected device at such a discount, if the household or any member of the household previously received a discounted connected device from a participating provider in the Emergency Broadband Benefit Program or in the Affordable Connectivity Program. [ 87 FR 8373 , Feb. 14, 2022, as amended at 88 FR 60354 , Sept. 1, 2023] § 54.1804 Participating provider obligation to offer the Affordable Connectivity Program. All participating providers in the Affordable Connectivity Program shall: ( a ) Make available the affordable connectivity benefit to eligible households. ( b ) Publicize the availability of the Affordable Connectivity Program in a manner reasonably designed to reach those likely to qualify for the service and in a manner that is accessible to individuals with disabilities. ( c ) Notify all consumers who either subscribe to or renew a subscription to an internet service offering about the Affordable Connectivity Program and how to enroll. ( 1 ) Providers shall deliver a notice in writing or orally, in a manner that is accessible to persons with disabilities: ( i ) During enrollment for new subscribers; ( ii ) At least 30 days before the date of renewal for subscribers not enrolled in the Affordable Connectivity Program who have fixed-term plans longer than one month; and ( iii ) Annually for subscribers not already enrolled in the Affordable Connectivity Program who have month-to-month or similar non-fixed term plans. ( 2 ) The notice shall, at a minimum, indicate; ( i ) The eligibility requirements for consumer participation; ( ii ) That the Affordable Connectivity Program is non-transferable and limited to one monthly internet discount and a one-time connected device discount per household; ( iii ) How to enroll, such as a customer service phone number or relevant website information; and ( iv ) That the Affordable Connectivity Program is a Federal Government benefit program operated by the Federal Communications Commission and, if the Program ends, or when a household is no longer eligible, subscribers will be subject to the provider's regular rates, terms, and conditions. ( d ) Frequently carry out public awareness campaigns in their Affordable Connectivity Program areas of service that highlight the value and benefits of broadband internet access service and the existence of the Affordable Connectivity Program in collaboration with State agencies, public interest groups, and non-profit organizations and retain documentation sufficient to demonstrate their compliance with the public awareness obligations. [ 87 FR 8382 , Feb. 14, 2022] § 54.1805 Household qualifications for Affordable Connectivity Program. ( a ) To qualify for the Affordable Connectivity Program, a household must constitute an eligible household under the definition in § 54.1800(j) . ( b ) In addition to meeting the qualifications provided in paragraph (a) of this section, in order to qualify to receive an affordable connectivity benefit from a participating provider, neither the eligible household nor any member of the household may already be receiving another affordable connectivity benefit from that participating provider or any other participating provider. § 54.1806 Household eligibility determinations and annual recertification. ( a ) Eligibility verification processes. To verify whether a household is an eligible household, a participating provider shall— ( 1 ) Use the National Verifier; or ( 2 ) Rely upon an alternative verification process of the participating provider, if— ( i ) The participating provider submits information as required by the Commission regarding the alternative verification process prior to seeking reimbursement; and ( ii ) Not later than 7 days after receiving the information required under paragraph(a)(2)(i) of this section, the Wireline Competition Bureau— ( A ) Determines that the alternative verification process will be sufficient to avoid waste, fraud, and abuse; and ( B ) Notifies the participating provider of the determination under paragraph (a)(2)(ii)(A) of this section. ( 3 ) Rely on a school to verify the eligibility of a household based on the participation of the household in the free and reduced price lunch program or the school breakfast program as described in § 54.1800(j)(3) . The participating provider shall retain documentation demonstrating the school verifying eligibility, the program(s) that the school participates in, the qualifying household, and the program(s) the household participates in. ( 4 ) Check its own electronic systems, whether such systems are maintained by the participating provider or a third party, to confirm that the household is not already receiving another affordable connectivity benefit from that participating provider. ( 5 ) Collect and retain documentation establishing at least one member of the household is enrolled in a school or school district that participates in the National School Lunch Program's Community Eligibility Provision (CEP) ( 42 U.S.C. 1759a ) if enrolling households based on CEP eligibility. ( b ) Participating providers' obligations. All participating providers shall implement policies and procedures for ensuring that their Affordable Connectivity Program households are eligible to receive the affordable connectivity benefit. A provider may not provide a consumer with service that it represents to be Affordable Connectivity Program-supported service or seek reimbursement for such service, unless and until it has: ( 1 ) Confirmed that the household is an eligible household pursuant to § 54.1805(a) and (b) ; ( 2 ) Completed any other necessary enrollment steps, and; ( 3 ) Securely retained all information and documentation it receives related to the eligibility determination and enrollment, consistent with § 54.1811 . ( c ) One-per-household worksheet. If the prospective household shares an address with one or more existing Affordable Connectivity Program subscribers according to the National Lifeline Accountability Database or National Verifier, the prospective subscriber shall complete a form certifying compliance with the one-per-household rule set forth in § 54.1805(b) prior to initial enrollment. ( d ) The National Lifeline Accountability Database. In order to receive Affordable Connectivity Program support, participating providers shall comply with the following requirements: ( 1 ) All participating providers shall query the National Lifeline Accountability Database to determine whether a prospective subscriber is currently receiving an Affordable Connectivity Program supported service from another participating provider; and whether anyone else living at the prospective subscriber's residential address is currently receiving an Affordable Connectivity Program-supported service. ( 2 ) If the National Lifeline Accountability Database indicates that a prospective subscriber who is not seeking to transfer his or her affordable connectivity benefit, is currently receiving an Affordable Connectivity Program-supported service, the participating provider shall not provide and shall not seek or receive Affordable Connectivity Program reimbursement for that subscriber. ( 3 ) Participating providers may query the National Lifeline Accountability Database only for the purposes provided in paragraphs (d)(1) and (2) and (e)(1) and (2) of this section, and to determine whether information with respect to its subscribers already in the National Lifeline Accountability Database is correct and complete. ( 4 ) Participating providers shall transmit to the National Lifeline Accountability Database in a format prescribed by the Administrator each new and existing Affordable Connectivity Program subscriber's full name; full residential address; date of birth; the telephone number associated with the Affordable Connectivity Program service; the date on which the Affordable Connectivity Program discount was initiated; the date on which the Affordable Connectivity Program discount was terminated, if it has been terminated; the amount of support being sought for that subscriber; and the means through which the subscriber qualified for the Affordable Connectivity Program. ( 5 ) All participating providers shall update an existing Affordable Connectivity Program subscriber's information in the National Lifeline Accountability Database within ten business days of receiving any change to that information, except as described in paragraph (d)(7) of this section. ( 6 ) All participating providers shall obtain, from each new and existing subscriber, consent to transmit the subscriber's information. Prior to obtaining consent, the participating provider shall describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Affordable Connectivity Program, and that failure to provide consent will result in subscriber being denied the affordable connectivity benefit. ( 7 ) When a participating provider de-enrolls a subscriber from the Affordable Connectivity Program, it shall transmit to the National Lifeline Accountability Database the date of Affordable Connectivity Program de-enrollment within one business day of de-enrollment. ( 8 ) All participating providers shall securely retain subscriber documentation that the participating provider reviewed to verify subscriber eligibility, for the purposes of production during audits or investigations or to the extent required by National Lifeline Accountability Database or National Verifier processes, which require, inter alia, verification of eligibility, identity, address, and age. ( 9 ) A participating provider shall not enroll or claim for reimbursement a prospective subscriber in the Affordable Connectivity Program if the National Lifeline Accountability Database or National Verifier cannot verify the subscriber's status as alive, unless the subscriber produces documentation to demonstrate his or her identity and status as alive. ( 10 ) A participating provider shall apply the Affordable Connectivity Program benefit no later than the start of the first billing cycle after the household's enrollment or transfer, and pass through the discount to the household prior to claiming reimbursement for the discount in the Affordable Connectivity Program. ( e ) Connected device reimbursement and the National Lifeline Accountability Database. In order to receive Affordable Connectivity Program reimbursement for a connected device, participating providers shall comply with § 54.1803(b) and the following requirements: ( 1 ) Such participating provider shall query the National Lifeline Accountability Database to determine whether a prospective connected device benefit recipient has previously received a connected device benefit. ( 2 ) If the National Lifeline Accountability Database indicates that a prospective subscriber has received a connected device benefit, the participating provider shall not seek a connected device reimbursement for that subscriber. ( 3 ) Such participating provider shall not seek a connected device reimbursement for a subscriber that is not receiving the affordable connectivity benefit for service provided by the same participating provider, except that a participating provider may seek reimbursement for a connected device provided to a household if the household had been receiving an Affordable Connectivity Program-supported service from that provider at the time the connected device was supplied to the household, but the household subsequently transferred its benefit to another provider before the provider had an opportunity to claim the connected device. ( 4 ) Where two or more participating providers file a claim for a connected device reimbursement for the same subscriber, only the participating provider whose information was received and processed by the National Lifeline Accountability Database or Lifeline Claims System first, as determined by the Administrator, will be entitled to a connected device reimbursement for that subscriber. ( 5 ) All participating providers shall obtain from each subscriber consent to transmit the information required under paragraphs (d)(1) and (e)(1) of this section. Prior to obtaining consent, the participating provider shall describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Affordable Connectivity Program connected device benefit, and that failure to provide consent will result in the subscriber being denied the Affordable Connectivity Program connected device benefit. ( 6 ) In a manner and form consistent with the direction of the Wireline Competition Bureau and the Administrator, a participating provider shall provide to the Administrator information concerning the connected device supplied to the household, including device type, device make, device model, subscriber ID of the household that received the device, date the device was delivered to the household, method used to provide the device (shipped, in store, or installed by provider), market value of the device, and amount paid by the household to the provider for the device. No claim for reimbursement for a connected device supplied by the participating provider to the household shall be submitted prior to payment by the household of the amount described in § 54.1803(b)(1) . ( f ) Annual eligibility re-certification. ( 1 ) Participating providers shall re-certify annually all Affordable Connectivity Program subscribers whose initial eligibility was verified through the participating provider's approved alternative verification process or through a school, except where the Administrator using the National Verifier is responsible for the annual recertification of Affordable Connectivity Program subscribers. The Administrator using the National Verifier will re-certify the eligibility of all other Affordable Connectivity Program subscribers. Affordable Connectivity Program subscribers who are also enrolled in Lifeline may rely on a successful recertification for the Lifeline program to satisfy this requirement. ( 2 ) In order to recertify a subscriber's eligibility for the Affordable Connectivity Program, a participating provider shall confirm a subscriber's current eligibility to receive an affordable connectivity benefit by following the eligibility process and requirements under paragraphs (b)(1) through (5) of this section and shall also follow the requirements and processes for either its alternative verification processes approved under paragraph (a)(2) of this section or the eligibility verification processes and requirements for school-based eligibility verifications in paragraph (a)(3) of this section, confirming that the subscriber still meets the program or income-based eligibility requirements for the Affordable Connectivity Program, and documenting the results of that review. ( 3 ) Where the Administrator is responsible for re-certification of a subscriber's Affordable Connectivity Program eligibility, the Administrator shall confirm a subscriber's current eligibility to receive Affordable Connectivity Program service by: ( i ) Querying the appropriate eligibility databases, confirming that the subscriber still meets the program-based eligibility requirements for the Affordable Connectivity Program, and documenting the results of that review; or ( ii ) Querying the appropriate income databases, confirming that the subscriber continues to meet the income-based eligibility requirements for the Affordable Connectivity Program, and documenting the results of that review; or ( iii ) If the subscriber's program-based or income-based eligibility for the Affordable Connectivity Program cannot be determined by accessing one or more eligibility or income databases, then the Administrator shall obtain a signed certification from the subscriber confirming the subscriber's continued eligibility. If the subscriber's eligibility was previously confirmed through an eligibility or income database during enrollment or a prior recertification and the subscriber is no longer included in any eligibility or income database the Administrator shall obtain both an approved Annual Recertification Form and acceptable documentation demonstrating eligibility from that subscriber to complete the recertification process. ( 4 ) Where the Administrator is responsible for re-certification of subscribers' Affordable Connectivity Program eligibility, the Administrator shall provide to each provider the results of its annual re-certification efforts with respect to that provider's subscribers. ( 5 ) If a provider is unable to re-certify a subscriber or has been notified by the Administrator that it is unable to re-certify a subscriber, the provider shall comply with the de-enrollment requirements provided for in § 54.1809(d) . ( 6 ) One-Per-Household Worksheet—at re-certification, if the subscriber resides at the same address as another Affordable Connectivity Program subscriber and there are changes to the subscriber's household relevant to whether the subscriber is only receiving one affordable connectivity benefit per household, then the subscriber shall complete a new Household Worksheet. Providers must retain the one-per-household worksheet for subscribers subject to this requirement in accordance with § 54.1811 . § 54.1807 Enrollment representative registration and compensation. ( a ) Enrollment representative registration. A participating provider shall require that enrollment representatives register with the Administrator before the enrollment representative can provide information directly or indirectly to the National Lifeline Accountability Database or the National Verifier. ( 1 ) As part of the registration process, participating providers shall require that all enrollment representatives provide the Administrator with identifying information, which may include first and last name, date of birth, the last four digits of his or her social security number, email address, and residential address. Enrollment representatives will be assigned a unique identifier, which shall be used for: ( i ) Accessing the National Lifeline Accountability Database; ( ii ) Accessing the National Verifier; ( iii ) Accessing any eligibility database; and ( iv ) Completing any Affordable Connectivity Program enrollment or verification forms. ( 2 ) Participating providers shall ensure that enrollment representatives shall not use another person's unique identifier to enroll Affordable Connectivity Program subscribers, recertify Affordable Connectivity Program subscribers, or access the National Lifeline Accountability Database or National Verifier. ( 3 ) Participating providers shall ensure that enrollment representatives shall regularly recertify their status with the Administrator to maintain their unique identifier and maintain access to the systems that rely on a valid unique identifier. Participating providers shall also ensure that enrollment representatives shall update their registration information within 30 days of any change in such information. ( b ) Prohibition of commissions for enrollment representatives. A participating provider shall not offer or provide to enrollment representatives, their direct supervisors, or entities that operate on behalf of the participating provider, any form of compensation that is— ( 1 ) Based on the number of consumers or households that apply for or are enrolled in the Affordable Connectivity Program with the participating provider; ( 2 ) Based on revenues that the participating provider has received or expects to receive in connection with the Affordable Connectivity Program, including payments for connected devices; ( 3 ) Based on the participating provider permitting the retention of cash payments received from the subscriber as part of the required contribution for a connected device; ( 4 ) Shifted, characterized or otherwise classified as compensation paid in connection with other services, business operations, or unrelated to Affordable Connectivity Program activities that is based on Affordable Connectivity Program applications, enrollments, or revenues. [ 87 FR 8373 , Feb. 14, 2022, as amended at 87 FR 8383 , Feb. 14, 2022] § 54.1808 Reimbursement for providing monthly affordable connectivity benefit. ( a ) Affordable Connectivity Program support for providing a qualifying broadband internet access service shall be provided directly to a participating provider based on the number of actual qualifying low-income households listed in the National Lifeline Accountability Database that the participating provider serves directly as of the first day of the calendar month. ( b ) For each eligible household receiving the affordable connectivity benefit on a broadband internet access service, the reimbursement amount shall equal the appropriate support amount as described in § 54.1803 . The participating provider's Affordable Connectivity Program reimbursement shall not exceed the actual amount charged by the participating provider. ( c ) A participating provider offering a service subject to the affordable connectivity benefit that does not require the participating provider to assess and collect a monthly fee from its subscribers shall not receive support for a subscriber to such service until the subscriber activates the service by whatever means specified by the provider; and ( 1 ) After service activation, shall only continue to receive reimbursement for the affordable connectivity benefit on such service provided to subscribers who have used the service within the last 30 days, or who have cured their non-usage as provided for in § 54.1809(c) ; and ( 2 ) Shall certify that every subscriber claimed has used their service subject to the affordable connectivity benefit, as “usage” is defined by § 54.407(c)(2) , at least once in the last 30 consecutive days or has cured their non-usage as provided in § 54.1809(c) , in order to claim that subscriber for reimbursement for a given service month. ( d ) A participating provider that, in addition to providing the affordable connectivity benefit to an eligible household, provides such household with a connected device may be reimbursed in the amount and subject to the conditions specified in §§ 54.1803(b) and 54.1806(e) . ( e ) In order to receive Affordable Connectivity Program reimbursement, an officer of the participating provider shall certify, under penalty of perjury, as part of each request for reimbursement, that: ( 1 ) The officer is authorized to submit the request on behalf of the participating provider; ( 2 ) The officer has read the instructions relating to reimbursements and the funds sought in the reimbursement request are for services and/or devices that were provided in accordance with the purposes and objectives set forth in the statute, rules, requirements, and orders governing the Affordable Connectivity Program; ( 3 ) The participating provider is in compliance with and satisfied all requirements in the statute, rules, and orders governing the Affordable Connectivity Program reimbursement, and the provider acknowledges that failure to be in compliance and remain in compliance with Affordable Connectivity Program statutes, rules, and orders may result in the denial of reimbursement, cancellation of funding commitments, and/or recoupment of past disbursements; ( 4 ) The participating provider has obtained valid certification and application forms as required by the rules in this subpart for each of the subscribers for whom it is seeking reimbursement; ( 5 ) The amount for which the participating provider is seeking reimbursement from the Affordable Connectivity Fund is not more than the amount charged to the eligible household and the discount has already been passed through to the household; ( 6 ) Each eligible household for which the participating provider is seeking reimbursement for providing an internet service offering discounted by the affordable connectivity benefit— ( i ) Has not been and will not be charged for the amount the provider is seeking for reimbursement; ( ii ) Will not be required to pay an early termination fee if such eligible household elects to enter into a contract to receive such internet service offering if such household later terminates such contract; ( iii ) Was not, after the date of the enactment of the Consolidated Appropriations Act, 2021, as amended by the Infrastructure Investment and Jobs Act, subject to a mandatory waiting period for such internet service offering based on having previously received broadband internet access service from such participating provider; and ( iv ) Will otherwise be subject to the participating provider's generally applicable terms and conditions as applied to other subscribers. ( 7 ) Each eligible household for which the participating provider is seeking reimbursement for supplying such household with a connected device was charged by the provider and has paid more than $10.00 but less than $50.00 for such connected device; ( 8 ) If offering a connected device, the connected device claimed meets the Commission's requirements, the representations regarding the devices made on the provider's website and promotional materials are true and accurate, that the reimbursement claim amount does not exceed the market value of the connected device less the amount charged to and paid by the eligible household, and that the connected device has been delivered to the household; ( 9 ) If the participating provider used an alternative verification process to verify that each household is eligible for the Affordable Connectivity Program, the verification process used was designed to avoid waste, fraud, and abuse; ( 10 ) If seeking reimbursement for a connected device, the provider has retained the relevant supporting documents that demonstrate the connected devices requested are eligible for reimbursement and submitted the required information; ( 11 ) No Federal subsidy made available through a program administered by the Commission that provides funds to be used for the capital expenditures necessary for the provision of advanced communications services has been or will be used to purchase, rent, lease, or otherwise obtain, any covered communications equipment or service, or maintain any covered communications equipment or service previously purchased, rented, leased, or otherwise obtained, as required by § 54.10 ; ( 12 ) All documentation associated with the reimbursement form, including all records for services and/or connected devices provided, will be retained for a period of at least six years after the last date of delivery of the supported services and/or connected devices provided through the Affordable Connectivity Program, and are subject to audit, inspection, or investigation and will be made available at the request of any representative (including any auditor) appointed by the Commission and its Office of Inspector General, or any local, State, or Federal agency with jurisdiction over the provider; ( 13 ) The provider has not offered, promised, received, or paid kickbacks, as defined by 41 U.S.C. 8701 , in connection with the Affordable Connectivity Program; ( 14 ) The information contained in this form is true, complete, and accurate to the best of the officer's knowledge, information, and belief, and is based on information known to the officer or provided to the officer by employees responsible for the information being submitted; ( 15 ) The officer is aware that any false, fictitious, or fraudulent information, or the omission of any material fact on this request for reimbursement or any other document submitted by the provider, may subject the provider and the officer to punishment by fine or forfeiture under the Communications Act ( 47 U.S.C. 502 , 503(b) , 1606 ), or fine or imprisonment under Title 18 of the United States Code ( 18 U.S.C. 1001 , 286-87 , 1343 ), or can lead to liability under the False Claims Act ( 31 U.S.C. 3729-3733 , 3801-3812 ); ( 16 ) No service costs or devices sought for reimbursement have been waived, paid, or promised to be paid by another entity, including any other Federal or State program; ( 17 ) All enrollments and transfers completed by the provider were bona fide, requested and consented by the subscriber household after receiving the disclosures required under § 54.1810(a) and (b) , and made pursuant to program rules; and ( 18 ) The provider used the National Lifeline Accountability Database as a tool for enrollment, reimbursement calculations, and duplicate checks in all States, territories, and the District of Columbia, and checked their records in accordance with § 54.1806(a)(4) . ( f ) In order to receive Affordable Connectivity Program reimbursement, a participating provider shall keep accurate records of the revenues it forgoes in providing Affordable Connectivity Program-supported services. Such records shall be kept in the form directed by the Administrator and provided to the Administrator at intervals as directed by the Administrator or as provided in this subpart. ( g ) In order to receive reimbursement, participating providers shall submit certified reimbursement claims through the Lifeline Claims System within six months of the snapshot date in paragraph (a) of this section, or the following business day in the event the 1st is a holiday or falls on a weekend. If the participating provider fails to submit a certified reimbursement claim by the six-month deadline, the reimbursement claim will not be processed. [ 87 FR 8373 , Feb. 14, 2022, as amended at 87 FR 8383 , Feb. 14, 2022] § 54.1809 De-enrollment from the Affordable Connectivity Program. ( a ) De-enrollment generally. If a participating provider has a reasonable basis to believe that an Affordable Connectivity Program subscriber does not meet or no longer meets the criteria to be considered an eligible household under § 54.1805 , the participating provider shall notify the subscriber of impending termination of his or her affordable connectivity benefit. Notification of impending termination shall be sent in writing separate from the subscriber's monthly bill, if one is provided, and shall be written in clear, easily understood language. The participating provider shall allow a subscriber 30 days following the date of the impending termination letter to demonstrate continued eligibility. A subscriber making such a demonstration shall present proof of continued eligibility to the National Verifier or the participating provider consistent with the participating provider's approved alternative verification process. A participating provider shall de-enroll any subscriber who fails to demonstrate eligibility within five business days after the expiration of the subscriber's deadline to respond. ( b ) De-enrollment for duplicative support. Notwithstanding paragraph (a) of this section, upon notification by the Administrator to any participating provider that a subscriber is receiving the affordable connectivity benefit from another participating provider, or that more than one member of a subscriber's household is receiving the affordable connectivity benefit and that the subscriber should be de-enrolled from participation in that provider's Affordable Connectivity Program, the participating provider shall de-enroll the subscriber from participation in that provider's Affordable Connectivity Program within five business days. A participating provider shall not claim any de-enrolled subscriber for Affordable Connectivity Program reimbursement following the date of that subscriber's de-enrollment. ( c ) De-enrollment for non-usage. Notwithstanding paragraph (a) of this section, if an Affordable Connectivity Program subscriber fails to use, as “usage” is defined in § 54.407(c)(2) , for 30 consecutive days an Affordable Connectivity Program service that does not require the participating provider to assess and collect a monthly fee from its subscribers, the participating provider shall provide the subscriber 15 days' notice, using clear, easily understood language, that the subscriber's failure to use the Affordable Connectivity Program service within the 15-day notice period will result in service termination for non-usage under this paragraph (c) . ( d ) De-enrollment for failure to re-certify. Notwithstanding paragraph (a) of this section, a participating provider shall de-enroll an Affordable Connectivity Program subscriber who does not respond to the provider's attempts to obtain re-certification of the subscriber's continued eligibility as required by § 54.1806(f) ; or who fails to provide the annual one-per-household re-certification as required by § 54.1806(f)(6) . Prior to de-enrolling a subscriber under this paragraph, the provider shall notify the subscriber in writing separate from the subscriber's monthly bill, if one is provided, using clear, easily understood language, that failure to respond to the re-certification request will trigger de-enrollment. A subscriber shall be given 60 days to respond to recertification efforts. If a subscriber does not respond to the provider's notice of impending de-enrollment, the provider shall de-enroll the subscriber from the Affordable Connectivity Program within five business days after the expiration of the subscriber's time to respond to the re-certification efforts. ( e ) De-enrollment requested by subscriber. If a participating provider receives a request from a subscriber to de-enroll from the Affordable Connectivity Program, it shall de-enroll the subscriber within two business days after the request. [ 87 FR 8373 , Feb. 14, 2022, as amended at 87 FR 8383 , Feb. 14, 2022] § 54.1810 Consumer protection requirements. ( a ) Disclosures and consents for enrollment. Prior to enrolling a consumer in the Affordable Connectivity Program, participating providers shall obtain affirmative consumer consent either orally or in writing that acknowledges that after having reviewed the required disclosures about the Affordable Connectivity Program, the household consents to enroll with the provider. ( 1 ) The disclosures that shall be presented to the consumer shall convey in clear, easily understood terms that: ( i ) The Affordable Connectivity Program is a government program that reduces the customer's broadband internet access service bill; ( ii ) The household may obtain Affordable Connectivity Program-supported broadband service from any participating provider of its choosing; ( iii ) The household may apply the affordable connectivity benefit to any broadband service offering of the participating provider at the same terms available to households that are not eligible for Affordable Connectivity Program-supported service; ( iv ) The provider may disconnect the household's Affordable Connectivity Program-supported service after 90 consecutive days of non-payment; ( v ) The household will be subject to the provider's undiscounted rates and general terms and conditions if the Affordable Connectivity Program ends, if the consumer transfers their benefit to another provider but continues to receive service from the current provider, or upon de-enrollment from the Affordable Connectivity Program; and ( vi ) The household may file a complaint against its provider via the Commission's Consumer Complaint Center. ( 2 ) If standard disclosure and consent language has been provided by the Commission, providers shall present that language to consumers prior to enrollment. ( 3 ) A participating provider shall not link enrollment in the Affordable Connectivity Program to some other action or information supplied to the provider for purposes other than the Affordable Connectivity Program, including but not limited to: ( i ) Not clearly distinguishing the process of signing up for ACP-supported services and devices from the process of signing up for, renewing, upgrading, or modifying other services, including Lifeline-supported services; ( ii ) Suggesting or implying that signing up for ACP-supported services and devices is required for obtaining or continuing other services, including Lifeline-supported services; and ( iii ) Tying the submission of customer information provided for another purpose ( e.g., address verification or equipment upgrade or replacement) to enrollment in the Affordable Connectivity Program. ( b ) Transfers in the Affordable Connectivity Program. Participating providers shall comply with the following requirements for transferring an eligible household's affordable connectivity program benefit between providers. ( 1 ) Disclosures and subscriber consent. ( i ) Prior to transferring an eligible household's affordable connectivity program benefit, the provider transferring in the household shall obtain the household's affirmative consent either orally or in writing that acknowledges that after having reviewed the required disclosures, the household consents to transfer its benefit to the transfer-in provider. ( ii ) The oral or written disclosures shall be provided in clear, easily understood language and convey the following information: ( A ) That the subscriber will be transferring its affordable connectivity program benefit to the transfer-in provider; ( B ) That the effect of the transfer is that the subscriber's affordable connectivity program benefit will be applied to the transfer-in provider's service and will no longer be applied to service retained from the transfer-out provider; ( C ) That the subscriber may be subject to the transfer-out provider's undiscounted rates as a result of the transfer if the subscriber elects to maintain service from the transfer-out provider; and ( D ) That the subscriber is limited to one affordable connectivity program benefit transfer transaction per service month, with limited exceptions for situations where the subscriber seeks to reverse an unwanted transfer or is unable to receive service from a specific provider. ( iii ) The household's oral or written consent shall: ( A ) Clearly identify the subscriber name; ( B ) Acknowledge the subscriber was provided the disclosure language required under paragraph (b)(1)(ii) of this section; ( C ) Indicate that having received the required disclosures, the subscriber gave its informed consent to transfer its benefit to the transfer-in provider; and ( D ) Indicate the date of the subscriber's consent. ( iv ) Participating providers shall use any standard consent and disclosure language provided by the Commission. ( v ) Participating providers shall satisfy the disclosure and consent requirements for each transfer transaction. ( 2 ) Notification to subscribers. Within five business days of completing a subscriber transfer in the National Lifeline Accountability Database, the transfer-in provider shall provide written notice to the transferred subscriber that indicates the following: ( i ) The name of the transfer-in provider to which the subscriber's affordable connectivity program benefit was transferred; ( ii ) The date the transfer was initiated; and ( iii ) An explanation of the dispute process if the subscriber believes the transfer was improper. ( 3 ) Limitation on transfers per month. Participating subscribers can only transfer their affordable connectivity benefit between providers once in a given service month, with the following limited exceptions: ( i ) The subscriber's benefit was improperly transferred; ( ii ) The subscriber's service provider ceases operations or fails to provide service; ( iii ) The subscriber's current service provider is found to be in violation of affordable connectivity program rules, and the violation impacts the subscriber for which the exception is sought; ( iv ) The subscriber changes its location to a residential address outside of the provider's service area for the Affordable Connectivity Program. ( c ) Credit checks. ( 1 ) A participating provider shall not: ( i ) Consider the results of a credit check as a condition of enrollment in the Affordable Connectivity Program. ( ii ) Consider the results of a credit check to determine to which Affordable Connectivity Program-supported internet service plan a household may apply the affordable connectivity benefit. ( iii ) Use the results of a credit check to decline to transfer a household's Affordable Connectivity Program benefit. ( d ) Non-payment. ( 1 ) Bill payment due date means the due date for payment specified on a bill for service charges. ( 2 ) A participating provider shall not terminate an eligible household's service subject to the affordable connectivity benefit on the grounds that the household has failed to pay the charges set forth on a bill for such service unless 90 consecutive days have passed since the bill payment due date. ( e ) Upselling and downselling — ( 1 ) Prohibition of inappropriate upselling and downselling. A participating provider and its agents shall not exert pressure on an eligible household to induce the purchase of a broadband internet access service or bundled plan that is more costly, less costly, affords different features, provides higher or lower speed or bandwidth, is subject to higher or lower data caps, or is bundled with additional services, equipment, or features, or fewer services, equipment, or features, than the service or plan that the household is already purchasing or has inquired about purchasing through the Affordable Connectivity Program. ( 2 ) Specific prohibited activities. Prohibited activities include, but are not limited to: ( i ) Requiring, as a condition of enrolling the household or applying the affordable connectivity benefit, that the household select a service, bundled plan, or equipment, other than the service or bundled plan that the eligible household subscriber is already purchasing or using or has inquired about. ( ii ) Pressuring an eligible household to purchase a service or bundled plan to benefit the provider but not the household. ( 3 ) Permitted activities. Provided that they do not exert pressure on existing or prospective eligible household subscribers, participating providers— ( i ) May communicate information regarding tiers of service that afford higher or lower speeds or bandwidth, are available at higher or lower prices, or have features that differ from a service or plan that an eligible household is already purchasing or has inquired about for the Affordable Connectivity Program; and ( ii ) May create or promote service plans that are specially priced or designed to meet the needs of eligible households. ( f ) Extended service contracts and early termination fees — ( 1 ) Definitions. ( i ) An extended service contract is typically an offer of service at a discount price in exchange for a commitment from the subscriber to remain on that service plan for a set period of time, usually at least a year. ( ii ) Early termination fees are fees that a subscriber is obligated to pay if it purchases a service plan subject to an extended service contract but terminates service before the end of the specified term of the contract. ( 2 ) Extended service contracts. An eligible household may elect to purchase and apply the affordable connectivity benefit to a participating provider's service plan subject to an extended service contract. ( 3 ) Early termination fees. Notwithstanding the provisions that apply to subscribers to extended service contracts who are not eligible households, an eligible household shall not be liable for early termination fees if it purchases and applies its affordable connectivity benefit to a service plan subject to an extended service contract but terminates service before the end of the specified term of the contract. ( g ) Restrictions on switching service offerings. A participating provider shall not impose any restrictions on a household's ability to switch internet service offerings, unless, once the consumer enters a delinquent status after the bill due date, the provider limits available service plans to offerings that are covered by the full benefit amount, and the household consents to switch service plans. ( h ) Restrictions on switching providers. ( 1 ) A participating provider shall not engage in any practice that is reasonably likely to cause a household to believe it is prohibited or restricted from transferring its benefit to a different participating provider. ( 2 ) A participating provider shall not: ( i ) Misrepresent or fail to accurately disclose to a household the rules and requirements pertaining to transfers to another participating provider in the Affordable Connectivity Program; ( ii ) Charge a household a fee to transfer their benefit to another participating provider; or ( iii ) Suggest or imply that the provider may change the household's service plan if it transfers the benefit to another participating provider. ( i ) Unjust and unreasonable acts or practices. ( 1 ) Providers are prohibited from engaging in unjust and unreasonable acts or practices that would undermine the purpose, intent, or integrity of the Affordable Connectivity Program. ( 2 ) Such unjust and unreasonable acts or practices include, but are not limited to: ( i ) Advertising or holding itself out as a participating provider if it is not authorized to participate in the Affordable Connectivity Program; ( ii ) Engaging in false or misleading advertising of the Affordable Connectivity Program; ( iii ) Failing to timely provide service, equipment, or devices that are advertised, promoted, or marketed as part of the Affordable Connectivity Program; ( iv ) Failing to enroll an eligible household as soon as practicable once the provider receives the household's affirmative consent to enroll with that provider; ( v ) Failing to apply the affordable connectivity benefit to such household on or before the start of the household's next billing cycle; ( vi ) Failing to deliver a supported connected device within 30 days of obtaining the household's affirmative consent to receive such device; and ( vii ) Violating any Program rule. [ 87 FR 8373 , Feb. 14, 2022, as amended at 87 FR 8383 , Feb. 14, 2022] § 54.1811 Recordkeeping requirements. Participating providers shall maintain records to document compliance with all Commission requirements governing the Affordable Connectivity Program for the six full preceding calendar years and provide that documentation to the Commission or Administrator, or their designee, upon request. Participating providers shall maintain the documentation related to the eligibility determination and reimbursement claims for an Affordable Connectivity Program subscriber for as long as the subscriber receives the Affordable Connectivity Program discount from that participating provider, but for no less than the six full preceding calendar years. § 54.1812 Validity of electronic signatures. ( a ) For the purposes of this subpart, an electronic signature, defined by the Electronic Signatures in Global and National Commerce Act, as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record, has the same legal effect as a written signature. ( b ) For the purposes of this subpart, an electronic record, defined by the Electronic Signatures in Global and National Commerce Act as a contract or other record created, generated, sent, communicated, received, or stored by electronic means, constitutes a record. § 54.1813 Affordable Connectivity Program Transparency Data Collection. ( a ) Definitions. For purposes of the Affordable Connectivity Program Transparency Data Collection: Actual Speed. The term “actual speed” means the typical upload and download speeds period for a particular speed tier, either based on Measuring Broadband America (MBA) methodology, or other relevant testing data. Advertised Speed. The term “advertised speed” means the maximum advertised upload and download speeds for fixed broadband plans, and the minimum advertised upload and download speeds for mobile broadband plans. Base monthly price. The term “base monthly price” means the monthly price for a broadband internet service offering that would be paid by a household enrolled in the Affordable Connectivity Program, absent the affordable connectivity benefit. The base monthly price does not include the price of any recurring monthly fees (such as fees providers impose at their discretion, or equipment rental fees), government taxes or fees, or one-time charges (such as installation charges, equipment purchase fee, etc.). Bundle. The term “bundle” means a combination of broadband internet access service with any non-broadband internet access service offerings, including but not limited to video, voice, and text. Data Cap. The term “data cap” means data usage restrictions on both pre-paid and post-paid plans, including “soft caps” where a user's internet traffic is throttled or deprioritized, and “hard caps” where a user's access to the internet is discontinued. Latency. The term “latency” means the length of time for a signal to be sent between two defined end points and the time it takes for an acknowledgement of the receipt of the signal to be received. Legacy plan. The term “legacy plan” means an internet service offering in which an ACP subscriber is enrolled that a participating provider is not accepting new enrollment. Personally identifiable information. The term “personally identifiable information” means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. Plan. The term “plan” means “internet service offering” as defined in § 54.1800(n) . Unique identifier. The term “unique identifier” means a machine-readable string of characters uniquely identifying a broadband plan, not containing any special characters. Where a broadband plan is associated with a broadband label under 47 CFR 8.1(a) , the unique identifier must be the same as that in the broadband label. Unique identifiers cannot be reused or refer to multiple plans. A provider must develop a new plan identifier, when a plan's components change. ( b ) Information to be collected. ( 1 ) For each plan that a household enrolled in the Affordable Connectivity Program is subscribed to, all participating providers shall submit, in an electronic format as directed by the Commission at the ZIP code level, by the deadline described in paragraph (c) of this section, ( i ) The unique identifier with the following plan characteristics: ( A ) Base monthly price, ( B ) Whether the base monthly price is introductory, and if so, the term of the introductory price and the post-introductory price, ( C ) Itemized provider-imposed recurring monthly fees, ( D ) Itemized one-time fees, ( E ) Speed (actual and advertised speeds), ( F ) Latency, ( G ) Data caps (including de-prioritization and throttling), any charges for additional data usages along with the relevant increment ( e.g., 1 GB, 500 MB), ( H ) Whether the service is bundled, the high-level components of the bundle, and voice minutes or number of text messages included as part of the bundle if applicable, ( I ) Whether any associated equipment is required, whether any required associated equipment is included in the advertised cost, and the one-time fee or rental cost for required associated equipment; ( ii ) The number of ACP households subscribed; ( iii ) The number of ACP households that have reached a data cap during month prior to the snapshot date; ( iv ) The average amount by which ACP households have exceeded the data cap for the month prior to the snapshot date; ( v ) The average overage amount paid by ACP households exceeding a data cap for the month prior to the snapshot date; ( vi ) The number of ACP households receiving the ACP Tribal enhanced benefit; ( vii ) The number of ACP households receiving the ACP high-cost enhanced benefit; ( viii ) The number of ACP households who are also enrolled in Lifeline for that plan; ( 2 ) Legacy plans. For each legacy plan that a household enrolled in the Affordable Connectivity Program is subscribed to, all participating providers are required to submit all of the characteristics identified in paragraph (b)(1) of this section except: speed (actual and advertised), latency, introductory monthly charge, the length of the introductory period, and any one-time fees. ( c ) Timing of collection. No later than November 9, 2023, and annually thereafter, participating providers must submit to the Commission the information in paragraph (b) of this section for all plans in which an Affordable Connectivity Program household is subscribed. The information must be current as of an annual snapshot date established and announced by the Bureau. ( d ) Certifications. As part of the data collection required by paragraph (b) of the section, an officer of the participating provider shall certify, under penalty of perjury, that: ( 1 ) The officer is authorized to submit the data collection on behalf of the participating provider; and ( 2 ) The data and information provided in the data collection is true, complete, and accurate to the best of the officer's knowledge, information, and belief, and is based on information known to the officer or provided to the officer by employees responsible for the information being submitted. ( e ) Publication of data — ( 1 ) Obligation to publish data. The Commission will make aggregated, non-provider-specific data relating to broadband internet access service information collected in paragraph (b) of this section available to the public in a commonly used electronic format without risking the disclosure of personally identifiable information, as defined in paragraph (a)(8) of this section, or proprietary information. ( 2 ) Requests for withholding from public inspection. When submitting information to the Commission under paragraph (c) of this section, a participating provider may submit a request that information be withheld from public inspection under § 0.459 of this chapter . ( f ) Enforcement. A violation of the collection requirement occurs where a provider fails to submit ACP Transparency Data Collection information by the compliance date for a state in which the provider has ACP-enrolled subscribers. A base forfeiture amount for each state is the lesser of $22,000 or the latest monthly claim amount, for each state for which a provider has failed to submit complete information. [ 88 FR 2267 , Jan. 13, 2023, as amended at 88 FR 2267 , Jan. 13, 2023; 88 FR 57364 , Aug. 23, 2023] § 54.1814 High-cost area benefit. ( a ) Definitions — ( 1 ) Audited income statement. For purposes of the administration of the Affordable Connectivity Program high-cost area benefit, an “audited income statement” is an income statement that has been audited by an independent Certified Public Accountant (CPA). ( 2 ) Component-level income statement. For purposes of the administration of the Affordable Connectivity Program high-cost area benefit, a “component-level income statement” is an income statement that shows financial results for the subsidiary or business component that is operating and/or offering retail broadband internet access service for sale in the designated high-cost areas as defined by 47 U.S.C. 1702(a)(2)(G) . ( 3 ) Consolidated income statement. For purposes of the administration of the Affordable Connectivity Program high-cost area benefit, a “consolidated income statement” is an income statement that shows aggregated financial results for multiple entities or subsidiaries connected with a single parent company. ( 4 ) High-cost area. For purposes of the administration of the Affordable Connectivity Program high-cost area benefit, the term “high-cost area” means an area as defined by 47 U.S.C. 1702(a)(2)(G) as determined by the National Telecommunications and Information Administration. ( 5 ) Particularized economic hardship. A provider has a “particularized economic hardship” in a high-cost area only if: ( i ) It is not possible for that provider to offer service in the high-cost area while covering the costs of maintaining the operation of all or part of its broadband network in that area at the standard up to $30 a month discount; and ( ii ) The up to $75 a month high-cost area benefit would materially improve the provider's ability to offer service through the ACP and maintain and operate its broadband network in that area. ( b ) High-cost area benefit approval process. A facilities-based ACP participating provider in a high-cost area (as defined in paragraph (a) of this section) may provide an affordable connectivity benefit in an amount up to $75.00 for a broadband internet access service offering in a high-cost area upon a showing that the applicability of the standard up to $30.00 benefit under § 54.1803(a) by the provider would cause particularized economic hardship to the provider such that the provider may not be able to maintain the operation of part or all of its broadband network in that high-cost area. ( 1 ) A participating provider seeking approval to provide the high-cost area benefit must first electronically file a request with the Universal Service Administrative Company by the deadline established by the Wireline Competition Bureau. ( i ) The electronic request shall require the participating provider to specify whether it has previously applied for Federal financial assistance, as defined in 2 CFR 25.406 , in the three fiscal years prior to the provider's application. Upon request, the participating provider must submit to the Administrator or the Commission applications for loans submitted to the U.S. Department of Agriculture Rural Utility Service (RUS), approvals or denials of such loans, the provider's RUS Operating Report for Telecommunications Borrowers filed with the RUS, and any financial reports filed with a state Public Utility Commission, as applicable. ( ii ) [Reserved] ( 2 ) The participating provider's request shall include the documentation required to demonstrate particularized economic hardship. The request shall include an income statement, a supporting affidavit, any applicable Federal tax filings and/or returns, and any other relevant documentation as determined by the Bureau and OEA. ( i ) The income statement(s) must: ( A ) Be produced in the ordinary course of business; ( B ) Include both consolidated and component-level income statements; ( C ) Be audited by an independent public accountant, where such statements are produced in the ordinary course of business or are required by 17 U.S.C. 78m , 78o(d) ; and ( D ) Include detailed information on the provider's net income, operating revenue, and operating expenses, including, but not necessarily limited to, cost of goods sold or services, selling, general and administrative expenses and depreciation or amortization expenses. ( ii ) The supporting affidavit, must include revenue and cost allocations and a description of the methodology, demonstrating that the provider was operating at a loss related to providing broadband internet access service in the relevant high-cost area(s) for the last fiscal year or in at least four of the last six fiscal quarters, or other acceptable documentation determined by the Wireline Competition Bureau in consultation with the Office of Economics and Analytics. ( iii ) The participating provider must first attempt to directly assign or attribute costs to broadband internet access services, and if that is not possible, must use a cost-causative mechanism to the extent possible. If neither is possible, the participating provider must employ a reasonable cost-allocation with a justification for its methodology. ( iv ) The tax filing should include Form 1120, Form 1120-S or other applicable Federal Income Tax returns as required by 26 CFR part 1 . ( 3 ) The participating provider's application must also include certifications from a company officer with knowledge of the provider's cost and revenues under penalty of perjury that: ( i ) All information submitted is true and correct to the best of the filer's knowledge; ( ii ) The provider will comply with all applicable statutes and the Commission's rules and orders; and ( iii ) The provider will use any reimbursed funds received for its intended purpose of providing discounted broadband internet access services to eligible low-income households. ( iv ) The provider is a facilities-based provider as defined by 47 CFR 1.7001(a)(2)(i) through (v) . ( v ) The provider used cost allocation methodology consistent with the rules. ( c ) Review process. The Administrator, under oversight of the Wireline Competition Bureau and the Office of Economics and Analytics, shall review each participating provider's request to offer the high-cost area benefit and determine whether the provider has demonstrated a particularized economic hardship in the high-cost areas for which it is requesting to offer the high-cost area benefit. If the Administrator finds the particularized economic hardship showing is satisfied in accordance with the Commission's rules and orders, and any guidance from the Wireline Competition Bureau and the Office of Economics and Analytics, then the Administrator will approve the request and notify the participating provider. Otherwise, the Administrator will deny the request and provide the participating provider a written explanation of the basis for the denial. ( 1 ) The Administrator will review applications within a timeline to be determined by the Bureau. ( 2 ) Providers may appeal the Administrator's determination as set forth in subpart I in this part of the Commission's rules. ( 3 ) Providers may only submit claims for up to the $30.00 standard benefit amount while an appeal of an Administrator's determination is underway. Following a successful appeal, providers approved to offer the high-cost area benefit may submit revised claims for eligible households in the approved high-cost areas as set forth in § 54.1808 . The provider many submit revised claims for up to $75.00 only from the start of the approval period indicated in the appeal determination letter. ( d ) Annual renewal process. A participating provider that has been approved to provide the high-cost area benefit must request approval annually thereafter to continue to provide the enhanced benefit to eligible households in a subsequent year. The participating provider will need to demonstrate particularized economic hardship in the renewal submission, through the documentation specified by the Wireline Competition Bureau. The deadline for submitting the renewal request shall be determined by the Wireline Competition Bureau. ( e ) Notice to eligible households. ( 1 ) Participating providers approved to offer the high-cost area benefit shall provide Affordable Connectivity Program subscribers written notice when the provider begins applying the high-cost area benefit to the subscriber's bill. The written notice must state: ( i ) That the subscriber is receiving a high-cost area benefit and the difference between the standard benefit amount and the enhanced high-cost benefit being applied to the subscriber's supported service; ( ii ) That the receipt of the high-cost area benefit is contingent on the provider's annual continued eligibility to offer the enhanced high-cost area benefit; ( iii ) That the provider is required to provide the subscriber advance notice if the provider is no longer deemed eligible to offer the high-cost area benefit; and ( iv ) That the provider is required to provide the subscriber advance notice of any changes to the subscriber's supported service rate or service plan stemming from any loss of the provider's eligibility to offer the high-cost area benefit. ( 2 ) If a participating provider fails to timely submit the renewal submission by the deadline or no longer qualifies to offer the high-cost area benefit based on its annual resubmission, then the participating provider shall provide written notice to its Affordable Connectivity Program customers receiving the high-cost area benefit at least 30 days and at least 15 days before the expiration of its approval to offer the high-cost area benefit. Such subscriber notices shall include: ( i ) A statement that the provider will no longer be offering the high-cost area benefit in the relevant high-cost area; ( ii ) The effective date of the end of the high-cost area benefit; ( iii ) A statement that upon the effective date of the loss of the high-cost area benefit, the Affordable Connectivity Program supported service purchased by the household will no longer be discounted at the higher subsidy amount; and ( iv ) The amount the household will be expected to pay if it continues purchasing the service from the provider after the high-cost area benefit is no longer available. ( 3 ) If a participating provider is no longer authorized to offer the high-cost area benefit, the provider may transition an eligible household to a lower-priced ACP service plan once the high-cost area benefit is no longer available, upon advance notice to the household and an opportunity for the household to opt out of the change and remain on its current service plan or select another service plan. Participating providers must include the advance transition notice in the required written notice about the end of the provider's approval to offer the high-cost area benefit. The advanced notice must: ( i ) Provide details about the new plan and monthly price; ( ii ) State that the subscriber may remain on its current plan or choose another plan; ( iii ) Provide instructions on how the subscriber can opt out of the transition or change its service plan; ( iv ) Provide the deadline for the subscriber to notify the provider that the subscriber would like to remain on its current plan or choose another plan. [ 88 FR 60355 , Sept. 1, 2023, as amended at 88 FR 67654 , Oct. 2, 2023] Subpart S—Affordable Connectivity Outreach Grant Program Source: 87 FR 54328 , Sept. 6, 2022 unless otherwise noted. § 54.1900 Applicability of Uniform Administrative Requirements for grants and cooperative agreements to non-Federal entities. Federal awards to non-Federal entities are subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 , as adopted at 2 CFR 6000.1 . § 54.1901 Neutrality requirement. Outreach conducted by Grantees, Pass-through Entities, and Subrecipients, as defined in 2 CFR part 200 , through the Commission's Affordable Connectivity Outreach Grant Program shall be neutral with respect to a particular participating provider (as defined in § 54.1800(r)(1) through (4) ) or among a specific group of participating providers (including, but not limited to, broadband industry groups, such as trade associations). § 54.1902 Prohibited activities and costs. In addition to any prohibited activities or costs, or other restrictions on grantee activities and costs under 2 CFR part 200 , as adopted at 2 CFR 6000.1 , or any other Federal statutes and regulations governing Federal grants, the following prohibitions apply to Grantees, Pass-through Entities, and Subrecipients for the Affordable Connectivity Outreach Grant Program. ( a ) Prohibition against steering consumers to particular ACP participating providers. Grantees, Pass-through Entities, and Subrecipients (as defined in 2 CFR 200.1 ) shall not direct, steer, incentivize, or otherwise encourage consumers to enroll with a particular participating provider (as defined in § 54.1800(r)(1) through (4) ) or among a specific group of participating providers (including, but not limited to, broadband industry groups, such as trade associations) when conducting grant-funded outreach activities. Grantees, Pass-through Entities, and Subrecipients shall also make clear that eligible households may enroll with the participating provider of their choice. ( b ) Prohibition against use of ACP participating provider-branded items. Grantees, Pass-through Entities, and Subrecipients shall not use participating-provider (as defined in § 54.1800(r)(1) through (4) ) branded items such as outreach materials, gifts, or incentives when conducting grant-funded outreach activities. ( c ) Prohibition against ACP participating provider gifts, incentives, and funding. Grantees, Pass-through Entities, and Subrecipients shall not: ( 1 ) Offer or provide consumers gifts or incentives provided by or funded by a participating provider (as defined in § 54.1800(r)(1) through (4) ) or a specific group of participating providers (including, but not limited to, broadband industry groups, such as trade associations) to encourage consumers to learn about, apply for, or enroll in the Affordable Connectivity Program (ACP) when conducting grant-funded outreach activities; or ( 2 ) Otherwise accept funding in any form, including in-kind contributions, from a participating provider or a specific group of participating providers for the purpose of conducting grant-funded outreach activities. ( d ) Prohibition against using grant funds for gifts and incentives. Grantees, Pass-through Entities, and Subrecipients may not use grant funds to obtain or support gifts or incentives to offer or provide to consumers to encourage consumers to learn about, apply for, or enroll in the Affordable Connectivity Program or otherwise engage with the Grantee, Pass-through Entity, or Subrecipient concerning the Affordable Connectivity Program when conducting grant-funded outreach activities. ( e ) Prohibition of certain compensation for individuals engaged in outreach. Grantees, Pass-through Entities, and Subrecipients shall not offer or provide any form of compensation that is based on the number of consumers or households that learn about, apply for, or enroll in the Affordable Connectivity Program to individuals conducting grant-funded outreach activities, including but not limited to their personnel, their representatives, their contractors, or others acting on behalf of the entity to conduct grant-funded outreach. § 54.1903 Ineligible entities. ( a ) In addition to any participant restrictions in 2 CFR part 200 , as adopted at 2 CFR 6000.1 , the following entities may not receive awards, either as Grantees, Pass-through Entities, or Subrecipients under the Outreach Grant Program: ( 1 ) Broadband providers (including municipal broadband providers), their affiliates, subsidiaries, contractors, agents, or representatives; and ( 2 ) Broadband industry groups and trade associations that represent broadband providers. ( b ) For municipal broadband providers, the exclusion of broadband providers and their affiliates, subsidiaries, or representatives from eligibility does not extend to separate arms of the municipality that do not maintain, manage, or operate the municipal broadband network. § 54.1904 Recordkeeping and audits. Participants in the Affordable Connectivity Outreach Grant Program must maintain records to document compliance with the rules and requirements for the Outreach Grant Program in accordance with 2 CFR 200.334 , 200.335 , 200.336 , and 200.338 , as adopted at 2 CFR 6000.1 , and shall provide that documentation to the Office of the Managing Director or any other FCC Bureau or Office, or their assigns, upon request in accordance with 2 CFR 200.337 , as adopted at 2 CFR 6000.1 . Subpart T—XXX Cross Reference Link to an amendment published at 89 FR 61310 , July 30, 2024. §§ 54.2004-54.2006 xxx Cross Reference Link to an amendment published at 89 FR 61315 , July 30, 2024. § 54.2008 xxx Cross Reference Link to an amendment published at 89 FR 61321 , July 30, 2024."}}},{"rowIdx":56,"cells":{"file_name":{"kind":"string","value":"title-47_7.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 7—ACCESS TO VOICEMAIL AND INTERACTIVE MENU SERVICES AND EQUIPMENT BY PEOPLE WITH DISABILITIES Authority: 47 U.S.C. 151-154 , 208 , 255 , and 303(r) . Source: 64 FR 63255 , Nov. 19, 1999, unless otherwise noted. Subpart A—Scope—Who Must Comply With These Rules? § 7.1 Who must comply with these rules? The rules in this part apply to: ( a ) Any provider of voicemail or interactive menu service; ( b ) Any manufacturer of telecommunications equipment or customer premises equipment which performs a voicemail or interactive menu function. Subpart B—Definitions § 7.3 Definitions. ( a ) The term accessible shall mean that: ( 1 ) Input, control, and mechanical functions shall be locatable, identifiable, and operable in accordance with each of the following, assessed independently: ( i ) Operable without vision. Provide at least one mode that does not require user vision. ( ii ) Operable with low vision and limited or no hearing. Provide at least one mode that permits operation by users with visual acuity between 20/70 and 20/200, without relying on audio output. ( iii ) Operable with little or no color perception. Provide at least one mode that does not require user color perception. ( iv ) Operable without hearing. Provide at least one mode that does not require user auditory perception. ( v ) Operable with limited manual dexterity. Provide at least one mode that does not require user fine motor control or simultaneous actions. ( vi ) Operable with limited reach and strength. Provide at least one mode that is operable with user limited reach and strength. ( vii ) Operable with a Prosthetic Device. Controls shall be operable without requiring body contact or close body proximity. ( viii ) Operable without time-dependent controls. Provide at least one mode that does not require a response time or allows a response to be by-passed or adjusted by the user over a wide range. ( ix ) Operable without speech. Provide at least one mode that does not require user speech. ( x ) Operable with limited cognitive skills. Provide at least one mode that minimizes the cognitive, memory, language, and learning skills required of the user. ( 2 ) All information necessary to operate and use the product, including but not limited to, text, static or dynamic images, icons, labels, sounds, or incidental operating cues, comply with each of the following, assessed independently: ( i ) Availability of visual information. Provide visual information through at least one mode in auditory form. ( ii ) Availability of visual information for low vision users. Provide visual information through at least one mode to users with visual acuity between 20/70 and 20/200 without relying on audio. ( iii ) Access to moving text. Provide moving text in at least one static presentation mode at the option of the user. ( iv ) Availability of auditory information. Provide auditory information through at least one mode in visual form and, where appropriate, in tactile form. ( v ) Availability of auditory information for people who are hard of hearing. Provide audio or acoustic information, including any auditory feedback tones that are important for the use of the product, through at least one mode in enhanced auditory fashion ( i.e., increased amplification, increased signal-to-noise ratio, or combination). ( vi ) Prevention of visually-induced seizures. Visual displays and indicators shall minimize visual flicker that might induce seizures in people with photosensitive epilepsy. ( vii ) Availability of audio cutoff. Where a product delivers audio output through an external speaker, provide an industry standard connector for headphones or personal listening devices (e.g., phone-like handset or earcup) which cuts off the speaker(s) when used. ( viii ) Non-interference with hearing technologies. Reduce interference to hearing technologies (including hearing aids, cochlear implants, and assistive listening devices) to the lowest possible level that allows a user to utilize the product. ( ix ) Hearing aid coupling. Where a product delivers output by an audio transducer which is normally held up to the ear, provide a means for effective wireless coupling to hearing aids. ( 3 ) Real-Time Text. Voice communication services subject to this part that are provided over wireless IP facilities and handsets and other text-capable end user devices used with such service that do not themselves provide TTY functionality, may provide TTY connectability and signal compatibility pursuant to paragraphs (b)(3) and (4) of this section, or support real-time text communications, in accordance with 47 CFR part 67 . ( b ) The term compatibility shall mean compatible with peripheral devices and specialized customer premises equipment commonly used by individuals with disabilities to achieve accessibility to voicemail and interactive menus, and in compliance with the following provisions, as applicable: ( 1 ) External electronic access to all information and control mechanisms. Information needed for the operation of products (including output, alerts, icons, on-line help, and documentation) shall be available in a standard electronic text format on a cross-industry standard port and all input to and control of a product shall allow for real time operation by electronic text input into a cross-industry standard external port and in cross-industry standard format. The cross-industry standard port shall not require manipulation of a connector by the user. ( 2 ) Connection point for external audio processing devices. Products providing auditory output shall provide the auditory signal at a standard signal level through an industry standard connector. ( 3 ) TTY connectability. Products which provide a function allowing voice communication and which do not themselves provide a TTY functionality shall provide a standard non-acoustic connection point for TTYs. It shall also be possible for the user to easily turn any microphone on and off to allow the user to intermix speech with TTY use. ( 4 ) TTY signal compatibility. Products, including those providing voice communication functionality, shall support use of all cross-manufacturer non-proprietary standard signals used by TTYs. ( 5 ) TTY Support Exemption. Voice communication services subject to this part that are offered over wireless IP facilities and equipment used with such services are not required to provide TTY connectability and TTY signal compatibility if such services and equipment support real-time text, in accordance with 47 CFR part 67 . ( c ) The term customer premises equipment shall mean equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications. ( d ) The term disability shall mean a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such an impairment; or being regarded as having such an impairment. ( e ) The term interactive menu shall mean a feature that allows a service provider or operator of CPE to transmit information to a caller in visual and/or audible format for the purpose of management, control, or operations of a telecommunications system or service; and/or to request information from the caller in visual and/or audible format for the purpose of management, control, or operations of a telecommunications system or service; and/or to receive information from the caller in visual and/or audible format in response to a request, for the purpose of management, control, or operations of a telecommunications system or service. This feature, however, does not include the capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications for any purpose other than management, control, or operations of a telecommunications system or service. ( f ) The term manufacturer shall mean an entity that makes or produces a product. ( g ) The term peripheral devices shall mean devices employed in connection with equipment covered by this part to translate, enhance, or otherwise transform telecommunications into a form accessible to individuals with disabilities. ( h ) The term readily achievable shall mean, in general, easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include: ( 1 ) The nature and cost of the action needed; ( 2 ) The overall financial resources of the manufacturer or service provider involved in the action (the covered entity); the number of persons employed by such manufacturer or service provider; the effect on expenses and resources, or the impact otherwise of such action upon the operations of the manufacturer or service provider; ( 3 ) If applicable, the overall financial resources of the parent of the covered entity; the overall size of the business of the parent of the covered entity with respect to the number of its employees; the number, type, and location of its facilities; and ( 4 ) If applicable, the type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity; and the geographic separateness, administrative or fiscal relationship of covered entity in question to the parent entity. ( i ) The term specialized customer premises equipment shall mean customer premise equipment which is commonly used by individuals with disabilities to achieve access. ( j ) The term telecommunications equipment shall mean equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades). ( k ) The term telecommunications service shall mean the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. ( l ) The term usable shall mean that individuals with disabilities have access to the full functionality and documentation for the product, including instructions, product information (including accessible feature information), documentation, bills and technical support which is provided to individuals without disabilities. ( m ) The term Voicemail shall mean the capability of answering calls and recording incoming messages when a line is busy or does not answer within a pre-specified amount of time or number of rings; receiving those messages at a later time; and may also include the ability to determine the sender and time of transmission without hearing the entire message; the ability to forward the message to another voice massaging customer, with and/or without an appended new message; the ability for the sender to confirm receipt of a message; the ability to send, receive, and/or store facsimile messages; and possibly other features. ( n ) The term real-time text shall have the meaning set forth in § 67.1 of this chapter . ( o ) The term text-capable end user device means customer premises equipment that is able to send, receive, and display text. [ 64 FR 63255 , Nov. 19, 1999, as amended at 82 FR 7706 , Jan. 23, 2017] Subpart C—Obligations—What Must Covered Entities Do? § 7.5 General Obligations. ( a ) Obligation of Manufacturers. ( 1 ) A manufacturer of telecommunications equipment or customer premises equipment covered by this part shall ensure that the equipment is designed, developed and fabricated so that the voicemail and interactive menu functions are accessible to and usable by individuals with disabilities, if readily achievable; ( 2 ) Whenever the requirements of paragraph (a)(1) of this section are not readily achievable, the manufacturer shall ensure that the equipment is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, if readily achievable. ( b ) Obligation of Service Providers. ( 1 ) A provider of voicemail or interactive menu shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable. ( 2 ) Whenever the requirements of paragraph (b)(1) of this section are not readily achievable, the service provider shall ensure that the service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, if readily achievable. [ 64 FR 63255 , Nov. 19, 1999, as amended at 88 FR 55584 , Aug. 16, 2023] § 7.7 Product design, development, and evaluation. ( a ) Manufacturers and service providers shall evaluate the accessibility, usability, and compatibility of equipment and services covered by this part and shall incorporate such evaluation throughout product design, development, and fabrication, as early and consistently as possible. Manufacturers and service providers shall identify barriers to accessibility and usability as part of such a product design and development process. ( b ) In developing such a process, manufacturers and service providers shall consider the following factors, as the manufacturer deems appropriate: ( 1 ) Where market research is undertaken, including individuals with disabilities in target populations of such research; ( 2 ) Where product design, testing, pilot demonstrations, and product trials are conducted, including individuals with disabilities in such activities; ( 3 ) Working cooperatively with appropriate disability-related organizations; and ( 4 ) Making reasonable efforts to validate any unproven access solutions through testing with individuals with disabilities or with appropriate disability-related organizations that have established expertise with individuals with disabilities. § 7.9 Information pass through. Telecommunications equipment and customer premises equipment shall pass through cross-manufacturer, non-proprietary, industry-standard codes, translation protocols, formats or other information necessary to provide telecommunications in an accessible format, if readily achievable. In particular, signal compression technologies shall not remove information needed for access or shall restore it upon decompression. § 7.11 Information, documentation, and training. ( a ) Manufacturers and service providers shall ensure access to information and documentation it provides to its customers, if readily achievable. Such information and documentation includes user guides, bills, installation guides for end-user installable devices, and product support communications, regarding both the product in general and the accessibility features of the product. Manufacturers shall take such other readily achievable steps as necessary including: ( 1 ) Providing a description of the accessibility and compatibility features of the product upon request, including, as needed, in alternate formats or alternate modes at no additional charge; ( 2 ) Providing end-user product documentation in alternate formats or alternate modes upon request at no additional charge; and ( 3 ) Ensuring usable customer support and technical support in the call centers and service centers which support their products at no additional charge. ( b ) Manufacturers and service providers shall include in general product information the contact method for obtaining the information required by paragraph (a) of this section. ( c ) In developing, or incorporating existing training programs, manufacturers and service providers shall consider the following topics: ( 1 ) Accessibility requirements of individuals with disabilities; ( 2 ) Means of communicating with individuals with disabilities; ( 3 ) Commonly used adaptive technology used with the manufacturer's products; ( 4 ) Designing for accessibility; and ( 5 ) Solutions for accessibility and compatibility. Subpart D—Enforcement § 7.15 Generally. ( a ) For purposes of §§ 7.15 through 7.16 , the term “manufacturers” shall denote any manufacturer of telecommunications equipment or customer premises equipment which performs a voicemail or interactive menu function. ( b ) All manufacturers of telecommunications equipment or customer premises equipment and all providers of voicemail and interactive menu services, as defined under this subpart, are subject to the enforcement provisions specified in the Act and the rules in this chapter. ( c ) The term “provider” shall denote any provider of voicemail or interactive menu service. [ 83 FR 44842 , Sept. 4, 2018] § 7.16 Informal or formal complaints. Any person may file either a formal or informal complaint against a manufacturer or provider alleging violations of section 255 or this part subject to the enforcement requirements set forth in §§ 14.30 through 14.38 of this chapter . [ 83 FR 44842 , Sept. 4, 2018]"}}},{"rowIdx":57,"cells":{"file_name":{"kind":"string","value":"title-47_0.html"},"title":{"kind":"string","value":"No Title"},"content":{"kind":"string","value":"PART 0—COMMISSION ORGANIZATION Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 155 , 225 , 409 , and 1754 , unless otherwise noted. Subpart A—Organization Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 155 , 225 , and 409 , unless otherwise noted. General § 0.1 The Commission. The Federal Communications Commission is composed of five (5) members who are appointed by the president subject to confirmation by the Senate. Normally, one Commissioner is appointed or reappointed each year, for a term of five (5) years. [ 53 FR 29054 , Aug. 2, 1988] § 0.3 The Chairperson. ( a ) One of the members of the Commission is designated by the President to serve as Chairperson, or chief executive officer, of the Commission. As Chairperson, he/she has the following duties and responsibilities: ( 1 ) To preside at all meetings and sessions of the Commission. ( 2 ) To represent the Commission in all matters relating to legislation and legislative reports; however, any other Commissioner may present his own or minority views or supplemental reports. ( 3 ) To represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies. ( 4 ) To coordinate and organize the work of the Commission in such a manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. ( b ) The Commission will, in the case of a vacancy in the Office of the Chairperson of the Commission, or in the absence or inability of the Chairperson to serve, temporarily designate one of its members to act as Chairperson until the cause or circumstance requiring such designation has been eliminated or corrected. [ 32 FR 10569 , July 19, 1967, as amended at 88 FR 21426 , Apr. 10, 2023] § 0.5 General description of Commission organization and operations. ( a ) Principal staff units. The Commission is assisted in the performance of its responsibilities by its staff, which is divided into the following principal units: ( 1 ) Office of Managing Director. ( 2 ) Office of Engineering and Technology. ( 3 ) Office of General Counsel. ( 4 ) Office of Economics and Analytics. ( 5 ) Office of Media Relations. ( 6 ) Office of Legislative Affairs. ( 7 ) Office of Inspector General. ( 8 ) Office of Communications Business Opportunities. ( 9 ) Office of Administrative Law Judges. ( 10 ) Office of Workplace Diversity ( 11 ) Office of International Affairs. ( 12 ) Wireline Competition Bureau. ( 13 ) Wireless Telecommunications Bureau. ( 14 ) Space Bureau. ( 15 ) Media Bureau. ( 16 ) Enforcement Bureau. ( 17 ) Consumer and Governmental Affairs Bureau. ( 18 ) Public Safety and Homeland Security Bureau. ( b ) Staff responsibilities and functions. The organization and functions of these major staff units are described in detail in §§ 0.11 through 0.151 . The defense and emergency preparedness functions of the Commission are set forth separately, beginning at § 0.181 . For a complete description of staff functions, reference should be made to those provisions. (See also the U.S. Government Organization Manual, which contains a chart showing the Commission's organization, the names of the members and principal staff officers of the Commission, and other information concerning the Commission.) ( c ) Delegations of authority to the staff. Pursuant to section 5(c) of the Communications Act, the Commission has delegated authority to its staff to act on matters which are minor or routine or settled in nature and those in which immediate action may be necessary. See subpart B of this part . Actions taken under delegated authority are subject to review by the Commission, on its own motion or on an application for review filed by a person aggrieved by the action. Except for the possibility of review, actions taken under delegated authority have the same force and effect as actions taken by the Commission. The delegation of authority to a staff officer, however, does not mean that the staff officer will exercise that authority in all matters subject to the delegation. The staff is at liberty to refer any matter at any stage to the Commission for action, upon concluding that it involves matters warranting the Commission's consideration, and the Commission may instruct the staff to do so. ( d ) Commission action. Matters requiring Commission action, or warranting its consideration, are dealt with by the Commission at regular monthly meetings, or at special meetings called to consider a particular matter. Meetings are normally held at the principal offices of the Commission in the District of Columbia, but may be held elsewhere in the United States. In appropriate circumstances, Commission action may be taken between meetings “by circulation”, which involves the submission of a document to each of the Commissioners for his approval. ( e ) Compliance with Federal financial management requirements. Any Bureau or Office recommending Commission action that may affect agency compliance with Federal financial management requirements must confer with the Office of Managing Director. Such items will indicate the position of the Managing Director when forwarded to the Commission. Any Bureau or Office taking action under delegated authority that may affect agency compliance with Federal financial management requirements must confer with the Office of the Managing Director before taking action. (Secs. 4(i), 303(r) and 5(c)(i), Communications Act of 1934, as amended; 47 CFR 0.61 and 0.283 ) [ 32 FR 10569 , July 19, 1967] Editorial Note Editorial Note: For Federal Register citations affecting § 0.5 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . Office of Managing Director § 0.11 Functions of the Office. ( a ) The Managing Director is appointed by the Chairperson with the approval of the Commission. Under the supervision and direction of the Chairperson, the Managing Director shall serve as the Commission's chief operating and executive official with the following duties and responsibilities: ( 1 ) Provide managerial leadership to and exercise supervision and direction over the Commission's Bureaus and Offices with respect to management and administrative matters but not substantive regulatory matters such as regulatory policy and rule making, authorization of service, administration of sanctions, and adjudication. ( 2 ) Formulate and administer all management and administrative policies, programs, and directives for the Commission consistent with authority delegated by the Commission and the Chairperson and recommend to the Chairperson and the Commission major changes in such policies and programs. ( 3 ) Assist the Chairperson in carrying out the administrative and executive responsibilities delegated to the Chairperson as the administrative head of the agency. ( 4 ) Advise the Chairperson and Commission on management, administrative, and related matters; review and evaluate the programs and procedures of the Commission; initiate action or make recommendations as may be necessary to administer the Communications Act most effectively in the public interest. Assess the management, administrative, and resource implications of any proposed action or decision to be taken by the Commission or by a Bureau or Office under delegated authority; recommend to the Chairperson and Commission program priorities, resource and position allocations, management, and administrative policies. ( 5 ) Plan and administer the Commissions performance review system. Assure that objections, priorities, and action plans established by Bureau and Offices are consistent with overall Commission objectives and priorities. ( 6 ) Plan and administer the Commission's Program Evaluation System. Ensure that evaluation results are utilized in Commission decision-making and priority-setting activities. ( 7 ) Direct agency efforts to improve management effectiveness, operational efficiency, employee productivity, and service to the public. Administer Commission-wide management programs. ( 8 ) Plan and manage the administrative affairs of the Commission with respect to the functions of personnel and position management; labor-management relations; training; budget and financial management; accounting for the financial transactions of the Commission and preparation of financial statements and reports; information management and processing; organization planning; management analysis; procurement; office space management and utilization; administrative and office services; supply and property management; records management; personnel and physical security; and international telecommunications settlements. ( 9 ) [Reserved] ( 10 ) With the concurrence of the General Counsel, interpret rules and regulations pertaining to fees. ( 11 ) Advise the Chairperson, Commission, and Commission Bureaus and Offices on matters concerning the development, administration, and management of the Affordable Connectivity Outreach Grant Program. ( b ) The Secretary is the official custodian of the Commission's documents. The Office of the Secretary also serves as the official FCC records custodian for designated records, including intake processing, organization and file maintenance, reference services, and retirement and retrieval of records; manages the Electronic Comment Filing System and certifies records for adjudicatory and court proceedings; maintains manual and computerized files that provide for the public inspection of public record materials concerning Broadcast Ownership, AM/FM/TV, TV translators, FM Translators, Cable TV, Wireless, Auction, Common Carrier Tariff matters, International space station files, earth station files, DBS files, and other miscellaneous international files; maintains for public inspection Time Brokerage and Affiliation Agreements, court citation files, and legislative histories concerning telecommunications dockets and provides the public and Commission staff prompt access to manual and computerized records and filing systems. ( c ) The Chief Information Officer shall have a significant role in: The decision-making process for annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology; the management, governance, and oversight processes related to information technology; and the hiring of personnel with information technology responsibilities. The Chief Information Officer, in consultation with the Chief Financial Officer and budget officials, shall specify and approve the allocation of amounts appropriated to the Commission for information technology, consistent with the provisions of appropriations Acts, budget guidelines, and recommendations from the Director of the Office of Management and Budget. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 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; 53 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, 1995; 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 21651 , 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, 2023] Office of Inspector General § 0.13 Functions of the Office. The Office of Inspector General is directly responsible to the Chairperson as head of the agency. However, the Chairperson may not prevent or prohibit the Office of Inspector General from carrying out its duties and responsibilities as mandated by the Inspector General Act Amendments of 1988 (Pub. L. 100-504) and the Inspector General Act of 1978 (5 U.S.C. Appendix 3), as amended. ( a ) Provide policy direction for and to conduct, supervise and coordinate audits and investigations relating to the programs and operations of the Federal Communications Commission. ( b ) Review existing and proposed legislation and regulations relating to programs and operations of the Commission and to make recommendations in its required semiannual reports to Congress concerning the impact of such legislation or regulations on the economy and efficiency in the administration of these programs and operations, or the prevention and detection of fraud and abuse in such programs and operations. ( c ) Recommend policies and conduct or coordinate other activities to promote economy and efficiency in the administration of Commission programs, or detect and prevent fraud and abuse in Commission activities. Coordinate with other governmental agencies and non-governmental entities on these matters. ( d ) Keep the Chairperson of the Commission—and through him or her the other Commissioners—and the Congress fully and currently informed concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of Commission programs and operations; recommend corrective action and report on the progress made in implementing such corrective action. In addition to providing the Chairperson with the results of completed audits and inspections, the Inspector General shall prepare statutorily required reports, identified as such, to include: ( 1 ) Semiannual reports summarizing activities of the office during the preceding six-month period (due to the Chairperson by April 30 and October 31); ( 2 ) Special reports specifically identifying any serious or flagrant problems, abuses or deficiencies (due to the Chairperson immediately upon discovery of these matters by the Inspector General). [ 54 FR 15194 , Apr. 17, 1989, as amended at 88 FR 21427 , Apr. 10, 2023] Office of Media Relations § 0.15 Functions of the Office. ( a ) Enhance public understanding of and compliance with the Commission's regulatory requirements through dissemination of information to the news media. ( b ) Act as the principal channel for communicating information to the news media on Commission policies, programs, and activities. ( c ) Advise the Commission on information dissemination as it affects liaison with the media. ( d ) Manage the FCC's Internet site and oversee the agency's Web standards and guidelines. ( e ) Maintain liaison with the Consumer and Governmental Affairs Bureau on press and media issues concerning consumer assistance and information including informal consumer complaints. ( f ) Manage the FCC's audio/visual support services and maintain liaison with outside parties regarding the broadcast of Commission proceedings. [ 64 FR 60716 , Nov. 8, 1999, as amended at 67 FR 13217 , Mar. 21, 2002; 67 FR 46112 , July 12, 2002] Office of Legislative Affairs § 0.17 Functions of the Office. The Office of Legislative Affairs is directly responsible to the Commission. The Office has the following duties and responsibilities: ( a ) Advise and make recommendations to the Commission with respect to legislation proposed by members of Congress or the Executive Branch and coordinate the preparation of Commission views thereon for submission to Congress or the Executive Branch. ( b ) Coordinate with the Office of General Counsel responses to Congressional or Executive Branch inquiries as to the local ramifications of Commission policies, regulations, rules, and statutory interpretations. ( c ) Assist the Office of the Managing Director in preparation of the annual report to Congress, the Commission budget and appropriations legislation to Congress; assist the Office of Media Relations in preparation of the Commission's Annual Report. ( d ) Assist the Chairperson and Commissioners in preparation for, and the coordination of their appearances before the Committees of Congress. ( e ) Coordinate the annual Commission legislative program. ( f ) Coordinate Commission and staff responses to inquiries by individual members of Congress, congressional committees and staffs. ( g ) Coordinate with the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. [ 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] § 0.19 Functions of the Office. The Office of International Affairs has the following duties and responsibilities: ( a ) To initiate and direct the development and articulation of international telecommunications policies, consistent with the priorities of the Commission. ( b ) To advise the Chairperson and Commissioners on matters of international telecommunications policy, and on the adequacy of the Commission's actions to promote the vital interests of the American public in international commerce, national defense, and foreign policy. ( c ) To represent the Commission on international communications matters, including matters involving international, regional, and cross border spectrum allocation and frequency coordination at both domestic and international conferences and meetings, and to direct and coordinate the Commission's preparation for such conferences and meetings. ( d ) To direct and coordinate, in consultation with other Bureaus and Offices as appropriate, negotiation of international agreements to provide for arrangements and procedures for coordination of radio frequency assignments to prevent or resolve international radio interference involving U.S. licensees. ( e ) To ensure fulfillment of the Commission's responsibilities under international agreements and treaty obligations, and consistent with Commission policy, in coordination with other Bureaus and Offices as appropriate, to ensure that the Commission's regulations, procedures, and frequency allocations comply with the mandatory requirements of all applicable international and bilateral agreements. ( f ) To serve as the single focal point within the Commission for cooperation and consultation on international telecommunications matters with other Federal agencies, international or foreign organizations, and appropriate regulatory bodies and officials of foreign governments. ( g ) To develop, recommend, and administer policies, rules, standards, and procedures regarding the authorization and regulation of international telecommunications facilities and services, submarine cables, international broadcast services, and foreign ownership issues. ( h ) To develop, recommend, and administer policies, rules, standards, and procedures regarding coordination with Executive Branch agencies on national security, law enforcement, foreign policy, trade policy, or concerns. ( i ) To monitor compliance with the terms and conditions of authorizations and licenses and pursue enforcement actions in conjunction with appropriate bureaus and offices. ( j ) To develop, coordinate with other Federal agencies, and administer the regulatory assistance and training programs for foreign administrations to promote telecommunications development. ( k ) To provide advice and technical assistance to U.S. trade officials in the negotiation and implementation of communications trade agreements, and consult with other bureaus and offices as appropriate with respect thereto. ( l ) To conduct economic, legal, technical, statistical, and other appropriate studies, surveys, and analyses in support of international telecommunications policies and programs. ( m ) To collect and disseminate within the Commission information and data on international communications policies, regulatory and market developments in other countries, and international organizations. ( n ) To work with the Office of Legislative Affairs to coordinate the Commission's activities on significant matters of international policy with appropriate Congressional offices. ( o ) To advise the Chairperson on priorities for international travel and develop, coordinate, and administer the international travel plan. ( p ) Managing efforts across the Bureaus and Offices to participate in international standards activities and serving as the FCC's senior representative at in-person standards meetings around the world in conjunction with staff from other Bureaus and Offices as needed. ( q ) To issue orders revoking a common carrier's operating authority pursuant to section 214 of the Act, and issue orders to cease and desist such operations, in cases where the presiding officer has issued a certification order to the Commission that the carrier has waived its opportunity for hearing under that section. ( r ) To exercise the authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the jurisdiction of the Office of International Affairs. Before issuing a subpoena, the Office of International Affairs shall obtain the approval of the Office of General Counsel. ( s ) To assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. ( t ) To coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. [ 88 FR 21427 , Apr. 10, 2023] Office of Economics and Analytics § 0.21 Functions of the Office. The Office of Economics and Analytics advises and makes recommendations to the Commission in the areas of economic and data analysis and data management policy. The Office reviews all Commission actions involving significant economic or data analysis and provides expertise, guidance, and assistance to the Bureaus and other Offices in applying the principles of economic and data analysis. The Office coordinates the Commission's research and development activities relating to economic and data analysis and data management policy. In addition, the Office serves, in close coordination with other relevant Bureaus and Offices, as a principal resource for policy and administrative staff of the Commission with regard to the design, implementation, and administration of auctions. The Office also establishes and implements Commission data management policies in conjunction with the relevant Bureaus and Offices and with the Office of Managing Director and Office of General Counsel. The Office of Economics and Analytics has the following duties and responsibilities: ( a ) Identifies and evaluates significant communications policy issues, based on the principles and methods of economics and data analysis. ( b ) Collaborates with and advises other Bureaus and Offices in the areas of economic and data analysis and with respect to the analysis of benefits, costs, and regulatory impacts of Commission policies, rules, and proposals. ( c ) Prepares a rigorous, economically-grounded cost-benefit analysis for every rulemaking deemed to have an annual effect on the economy of $100 million or more. ( d ) Confirms that the Office of Economics and Analytics has reviewed each Commission rulemaking to ensure it is complete before release to the public. ( e ) Reviews and comments on all significant issues of economic and data analysis raised in connection with actions proposed to be taken by the Commission and advises the Commission regarding such issues. ( f ) Develops, recommends, and implements data management policies in conjunction with the Office of Managing Director, the Office of General Counsel, and relevant Bureaus and Offices, and collaborates with and advises other Bureaus and Offices with respect to data management and data analysis. ( g ) Manages the Commission's economic and data analysis research programs, recommends budget levels and priorities for these programs, and serves as central account manager for all contractual economic and data analysis research studies funded by the Commission. ( h ) Conducts economic, statistical, cost-benefit, and other data analysis of the impact of existing and proposed communications policies and operations, including cooperative studies with other staff units and consultant and contract efforts as appropriate. ( i ) Coordinates the Commission's evaluation of government (state and federal), academic, and industry-sponsored research affecting Commission policy. ( j ) Coordinates with other Bureaus and Offices in making recommendations to the Commission on communications policy issues that involve economic and data analysis, to include cost-benefit analysis; represents the Commission at appropriate discussions and conferences. ( k ) Develops and recommends procedures and plans for effective economic and data analysis, to include cost-benefit analysis, within the Commission. ( l ) Seeks to ensure that FCC policy encourages and promotes competitive markets by providing Bureaus and Offices with the necessary support to identify, evaluate, and resolve competition issues. ( m ) Serves as the Commission's principal policy and administrative staff resource with regard to auction design and implementation issues. Jointly with the Wireless Telecommunications Bureau, Media Bureau, Wireline Competition Bureau, and/or other relevant Bureaus and Offices, develops, recommends, and administers policies, programs and rules, and advises the Commission on policy, engineering, and technical matters, concerning auctions of spectrum for wireless telecommunications and broadcast services and uses of competitive bidding to achieve other Commission policy objectives, including universal service support. Administers procurement of auction-related services from outside contractors. Oversees auctions conducted on behalf of the Commission by third parties at the direction of the Commission. Provides policy, administrative, and technical assistance to other Bureaus and Offices on auction issues. Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in all matters pertaining to auction implementation. These activities include: Conducting auctions, policy development and coordination; conducting rulemaking and adjudicatory proceedings, including complaint proceedings for matters not within the responsibility of the Enforcement Bureau; acting on waivers of rules; compliance and enforcement activities for matters not within the responsibility of the Enforcement Bureau; determining resource impacts of existing, planned or recommended Commission activities concerning auctions, and developing and recommending resource deployment priorities. Exercises such authority as may be assigned, delegated, or referred to it by the Commission. ( n ) With respect to applicable data and reporting duties assigned to the Office, coordinates with the Public Safety and Homeland Security Bureau and other relevant Bureaus and Offices on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. ( o ) With respect to applicable data and reporting duties assigned to the Office, and in coordination with the Wireline Competition Bureau and the Wireless Telecommunications Bureau, provides federal staff support for the Federal-State Joint Board on Universal Service and the Federal-State Joint Board on Jurisdictional Separations. ( p ) In coordination with other relevant Bureaus and Offices, provides economic, financial, and technical analyses of communications markets and provider performance. ( q ) In coordination with the Wireline Competition Bureau, provides technical support for de novo review of decisions of the Administrative Council for Terminal Attachments regarding technical criteria pursuant to § 68.614 of this chapter . ( r ) Prepares briefings, position papers, and proposed Commission actions, as appropriate. ( s ) In coordination with other relevant Bureaus and Offices, develops and recommends responses to legislative, regulatory or judicial inquiries and proposals concerning or affecting matters within the purview of its functions. ( t ) Administers part 1, subparts V and W, of this chapter, including rulemaking. [ 83 FR 63075 , Dec. 7, 2018, as amended at 85 FR 34526 , June 5, 2020] Office of Engineering and Technology § 0.31 Functions of the Office. The Office of Engineering and Technology has the following duties and responsibilities: ( a ) To evaluate evolving technology for interference potential and to suggest ways to facilitate its introduction in response to Bureau initiatives, and advise the Commission and staff offices in such matters. ( b ) Represent the Commission at various national conferences and meetings (and, in consultation with the Office of International Affairs, at various international conferences and meetings) devoted to the progress of communications and the development of technical and other information and standards, and serve as Commission coordinator for the various national conferences when appropriate. ( c ) To conduct scientific and technical studies in advanced phases of terrestrial and space communications, and special projects to obtain theoretical and experimental data on new or improved techniques. ( d ) To advise the Commission concerning engineering matters, including (in consultation with the Public Safety and Homeland Security Bureau where appropriate) privacy and security of communications, involved in making or implementing policy or in resolving specific cases. ( e ) To develop and implement procedures to acquire, store, and retrieve scientific and technical information useful in the engineering work of the Commission. ( f ) To advise and represent the Commission on frequency allocation and spectrum usage matters. ( g ) In cooperation with the relevant Bureaus and Offices, including the Office of General Counsel and the Office of Economics and Analytics, to advise the Commission, participate in and coordinate staff work with respect to general frequency allocation proceedings and other proceedings not within the jurisdiction of any single Bureau, and render service and advice with respect to rule making matters and proceedings affecting more than one Bureau. ( h ) To collaborate with and advise other Bureaus and Offices in the formulation of technical requirements of the Rules. ( i ) To administer parts 2 , 5 , 15 , and 18 of this chapter , including licensing, recordkeeping, and rule making. ( j ) To perform all engineering and management functions of the Commission with respect to formulating rules and regulations, technical standards, and general policies for parts 15, 18 and § 63.100 of this chapter , and for type approval and acceptance, and certification of radio equipment for compliance with the Rules. ( k ) To maintain liaison with other agencies of government, technical experts representing foreign governments, and members of the public and industry concerned with communications and frequency allocation and usage. ( l ) To calibrate and standardize technical equipment and installations used by the Commission. ( m ) To exercise authority as may be assigned or referred by the Commission pursuant to section 5(c) of the Communications Act of 1934, as amended. ( n ) To assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1088, 1089; 47 U.S.C. 152 , 153 , 154 , 155 , 301 , 303 , 307 , 308 , 309 , 315 , 317 ) [ 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; 62 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. 12, 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 21428 , Apr. 10, 2023] Office of General Counsel § 0.41 Functions of the Office. The Office of the General Counsel has the following duties and responsibilities: ( a ) To advise and represent the Commission in matters of litigation. ( b ) To advise and make recommendations to the Commission with respect to proposed legislation and submit agency views on legislation when appropriate. ( c ) To interpret the statutes, international agreements, and international regulations affecting the Commission. ( d ) To prepare and make recommendations and interpretations concerning procedural rules of general applicability and to review all rules for consistency with other rules, uniformity, and legal sufficiency. ( e ) To conduct research in legal matters as directed by the Commission. ( f ) In cooperation with the Office of Engineering and Technology, to participate in, render advice to the Commission, and coordinate the staff work with respect to general frequency allocation proceedings and other proceedings not within the jurisdiction of any single bureau, and to render advice with respect to rule making matters and proceedings affecting more than one bureau. ( g ) To exercise such authority as may be assigned or referred to it by the Commission pursuant to section 5(c) of the Communications Act of 1934, as amended. ( h ) To cooperate with the Space Bureau on all matters pertaining to space policy and satellite communications. ( i ) To interpret statutes and executive orders affecting the Commission's national defense responsibilities, and to perform such functions involving implementation of such statutes and executive orders as may be assigned to it by the Commission or the Defense Commissioner. ( j ) To perform all legal functions with respect to leases, contracts, tort claims and such other internal legal problems as may arise. ( k ) To issue determinations on matters regarding the interception and recording of telephone conversations by Commission personnel. Nothing in this paragraph, however, shall affect the authority of the Inspector General to intercept or record telephone conversations as necessary in the conduct of investigations or audits. ( l ) To advise the Commission in the preparation and revision of rules and the implementation and administration of ethics regulations and the Freedom of Information, Privacy, Government in the Sunshine and Alternative Dispute Resolution Acts. ( m ) To assist and make recommendations to the Commission, and to individual Commissioners assigned to review initial decisions, as to the disposition of cases of adjudication and such other cases as, by Commission policy, are handled in the same manner and which have been designated for hearing. ( n ) To serve as the principal operating office on ex parte matters involving restricted proceedings. To review and dispose of all ex parte communications received from the public and others. (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1088, 1089; 47 U.S.C. 152 , 153 , 154 , 155 , 301 , 303 , 307 , 308 , 309 , 315 , 317 ) [ 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; 44 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. 29, 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 15853 , Apr. 3, 1997; 64 FR 5950 , Feb. 8, 1999; 64 FR 57585 , Oct. 26, 1999; 88 FR 21428 , Apr. 10, 2023] International Bureau § 0.51 Functions of the Bureau. The Space Bureau has the following duties and responsibilities: ( a ) To develop, recommend, and administer policies, rules, standards, and procedures for the authorization and regulation of domestic and international satellite systems. ( b ) To monitor compliance with the terms and conditions of authorizations and licenses granted by the Bureau, and to pursue enforcement actions in conjunction with appropriate bureaus and offices. ( c ) To facilitate the international coordination of U.S. spectrum allocations for space-based services and frequency and orbital assignments so as to minimize cases of international radio interference involving U.S. licensees. ( d ) To coordinate, in consultation with other Bureaus and Offices as appropriate, negotiation of arrangements and procedures for coordination of radio frequency assignments for space-based services to prevent or resolve international radio interference involving U.S. space station and/or earth station licensees. ( e ) To ensure fulfillment of the Commission's responsibilities under international agreements and treaty obligations in coordination with the Office of International Affairs, and, consistent with Commission policy, to ensure that the Commission's regulations, procedures, and frequency allocations comply with the mandatory requirements of all applicable international and bilateral agreements involving space-based services. ( f ) In coordination with the Office of International Affairs, to oversee and, as appropriate, administer activities pertaining to the international consultation, coordination, and notification of U.S. frequency and orbital assignments, including activities required by bilateral agreements, the international Radio Regulations, and other international agreements. ( g ) To serve as a focal point for coordination with other U.S. government agencies on matters of space policy, licensing and governance and, to support the Office of International Affairs with other Federal agencies, international or foreign organizations, and appropriate regulatory bodies and officials of foreign governments for meetings that involve space policy matters. ( h ) To exercise authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the jurisdiction of the Space Bureau. Before issuing a subpoena, the Space Bureau shall obtain the approval of the Office of General Counsel. ( i ) To assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. ( j ) To coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. [ 88 FR 21428 , Apr. 10, 2023] Media Bureau § 0.61 Functions of the Bureau. The Media Bureau develops, recommends and administers the policy and licensing programs for the regulation of media, including cable television, broadcast television and radio, and satellite services in the United States and its territories. The Bureau advises and recommends to the Commission, or acts for the Commission under delegated authority, in matters pertaining to multichannel video programming distribution, broadcast radio and television, direct broadcast satellite service policy, and associated matters. The Bureau will, among other things: ( a ) Process applications for authorization, assignment, transfer and renewal of media services, including AM, FM, TV, the cable TV relay service, and related services. ( b ) Conduct rulemaking proceedings concerning the legal, engineering, and economic aspects of media service. ( c ) Conduct comprehensive studies and analyses concerning the legal, engineering, and economic aspects of electronic media services. ( d ) [Reserved] ( e ) Administer and enforce rules and policies regarding political programming and related matters. ( f ) Administer and enforce rules and policies regarding: ( 1 ) Radio and television broadcast industry services; ( 2 ) Cable television systems, operators, and services, including those relating to rates, technical standards, customer service, ownership, competition to cable systems, broadcast station signal retransmission and carriage, program access, wiring equipment, channel leasing, and federal-state/local regulatory relationships. This includes: acting, after Commission assumption of jurisdiction to regulate cable television rates for basic service and associated equipment, on cable operator requests for approval of existing or increased rates; reviewing appeals of local franchising authorities' rate making decisions involving rates for the basic service tier and associated equipment, except when such appeals raise novel or unusual issues; evaluating basic rate regulation certification requests filed by cable system franchising authorities; periodically reviewing and, when appropriate, revising standard forms used in administering: the certification process for local franchising authorities wishing to regulate rates, and the substantive rate regulation standards prescribed by the Commission; ( 3 ) Open video systems; ( 4 ) Preemption of restrictions on devices designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service, and direct broadcast satellite services; ( 5 ) The commercial availability of navigational devices; ( 6 ) The accessibility of video programming to persons with disabilities; ( 7 ) Program access and carriage; ( 8 ) The Satellite Home Viewer Improvement Act; and ( 9 ) Post-licensing for satellite consumer broadcast services (DBS, DTH and DARS). Note to paragraph ( f ): The Media Bureau's enforcement authority does not include enforcement in those areas assigned to the Enforcement Bureau. See 47 CFR 0.111 . ( g ) Conduct rulemaking and policy proceedings regarding pole attachments. ( h ) Process and act on all applications for authorization, petitions for special relief, petitions to deny, waiver requests, requests for certification, objections, complaints, and requests for declaratory rulings and stays regarding the areas listed. ( i ) Assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. ( j ) Exercise authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the jurisdiction of the Media Bureau. Before issuing a subpoena, the Media Bureau shall obtain the approval of the Office of General Counsel. ( k ) Carry out the functions of the Commission under the Communications Act of 1934, as amended, except as reserved to the Commission under § 0.283 . ( l ) To coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. [ 67 FR 13217 , Mar. 21, 2002, as amended at 71 FR 69034 , Nov. 29, 2006; 84 FR 9465 , Mar. 15, 2019] Office of Workplace Diversity § 0.81 Functions of the Office. ( a ) The Office of Workplace Diversity (OWD), as a staff office to the Commission, shall develop, coordinate, evaluate, and recommend to the Commission policies, programs, and practices that foster a diverse workforce and promote and ensure equal opportunity for all employees and applicants for employment. A principal function of the Office is to lead, advise, and assist the Commission, including all of its component Bureau/Office managers, supervisors, and staff, at all levels, on ways to promote inclusion and full participation of all employees in pursuit of the Commission's mission. In accordance with this function, the Office shall: ( 1 ) Conduct independent analyses of the Commission's policies and practices to ensure that those policies and practices foster diversity in the workplace and ensure equal opportunity and equal treatment for employees and applicants; and ( 2 ) Advise the Commission, Bureaus, and Offices of their responsibilities under Title VII of the Civil Rights Act of 1964, as amended; Section 501 of the Rehabilitation Act of 1973, as amended; Age Discrimination in Employment Act of 1967, as amended; Executive Order 11478; and all other statutes, Executive Orders, and regulatory provisions relating to workplace diversity, equal employment opportunity, nondiscrimination, and civil rights. ( b ) The Office has the following duties and responsibilities: ( 1 ) Through its Director, serves as the principal advisor to the Chairperson and Commission officials on all aspects of workplace diversity, affirmative recruitment, equal employment opportunity, non-discrimination, and civil rights; ( 2 ) Provides leadership and guidance to create a work environment that values and encourages diversity in the workplace; ( 3 ) Is responsible for developing, implementing, and evaluating programs and policies to foster a workplace whose diversity reflects the diverse makeup of the Nation, enhances the mission of the Commission, and demonstrates the value and effectiveness of a diverse workforce; ( 4 ) Is responsible for developing, implementing, and evaluating programs and policies that promote understanding among members of the Commission's workforce of their differences and the value of those differences and provide a channel for communication among diverse members of the workforce at all levels; ( 5 ) Develops, implements, and evaluates programs and policies to ensure that all members of the Commission's workforce and candidates for employment have equal access to opportunities for employment, career growth, training, and development and are protected from discrimination and harassment; ( 6 ) Develops and recommends Commission-wide workforce diversity goals and reports on achievements; ( 7 ) Is responsible for developing, implementing, and evaluating programs and policies to enable all Bureaus and Offices to manage a diverse workforce effectively and in compliance with all equal employment opportunity and civil rights requirements; ( 8 ) Works closely with the Associate Managing Director—Human Resources Management to ensure compliance with Federal and Commission recruitment and staffing requirements; ( 9 ) Manages the Commission's equal employment opportunity compliance program. Responsibilities in this area include processing complaints alleging discrimination, recommending to the Chairperson final decisions on EEO complaints within the Commission, and providing counseling services to employees and applicants on EEO matters; ( 10 ) Develops and administers the Commission's program of accessibility and accommodation for disabled persons in accordance with applicable regulations; ( 11 ) Represents the Commission at meeting with other public and private groups and organizations on matters counseling workplace diversity and equal employment opportunity and workplace diversity issues; ( 12 ) Maintains liaison with and solicits views of organizations within and outside the Commission on matters relating to equal opportunity and workplace diversity. [ 61 FR 2727 , Jan. 29, 1996, as amended at 88 FR 21429 , Apr. 10, 2023] Wireline Competition Bureau § 0.91 Functions of the Bureau. The Wireline Competition Bureau advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in all matters pertaining to the regulation and licensing of communications common carriers and ancillary operations (other than matters pertaining exclusively to the regulation and licensing of wireless telecommunications services and facilities). The Bureau will, among other things: ( a ) Develop and recommend policy goals, objectives, programs and plans for the Commission in rulemaking and adjudicatory matters concerning wireline telecommunications, drawing on relevant economic, technological, legislative, regulatory and judicial information and developments. Overall objectives include meeting the present and future wireline telecommunications needs of the Nation; fostering economic growth; ensuring choice, opportunity, and fairness in the development of wireline telecommunications; promoting economically efficient investment in wireline telecommunications infrastructure; promoting the development and widespread availability of wireline telecommunications services; and developing deregulatory initiatives where appropriate. ( b ) Act on requests for interpretation or waiver of rules. ( c ) Administer the provisions of the Communications Act requiring that the charges, practices, classifications, and regulations of communications common carriers providing interstate and foreign services are just and reasonable. ( d ) Act on applications for service and facility authorizations, including applications from Bell operating companies for authority to provide in-region interLATA services and applications from wireline carriers for transfers of licenses and discontinuance of service. ( e ) Develop and administer rules and policies relating to incumbent local exchange carrier accounting. ( f ) Develop and administer recordkeeping and reporting requirements for telecommunications carriers, providers of interconnected VoIP service (as that term is defined in § 9.3 of this chapter ), and providers of broadband services. ( g ) Provide federal staff support for the Federal-State Joint Board on Universal Service and the Federal-State Joint Board on Jurisdictional Separations. ( h ) Review the deployment of advanced telecommunications capability to ensure that such deployment is reasonable and timely, consistent with section 706 of the Act, and, where appropriate, recommend action to encourage such deployment. ( i ) Provide economic, financial, and technical analyses of telecommunications markets and carrier performance. ( j ) Act on petitions for de novo review of decisions of the Administrative Council for Terminal Attachments regarding technical criteria pursuant to § 68.614 . ( k ) Interact with the public, local, state, and other governmental agencies and industry groups on wireline telecommunications regulation and related matters. Assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. ( l ) Review and coordinate orders, programs and actions initiated by other Bureaus and Offices in matters affecting wireline telecommunications to ensure consistency with overall Commission policy. ( m ) Carry out the functions of the Commission under the Communications Act of 1934, as amended, except as reserved to the Commission under § 0.291 . ( n ) Address audit findings relating to the schools and libraries support mechanism, subject to the overall authority of the Managing Director as the Commission's audit follow-up official. ( o ) Coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. ( p ) In coordination with the Office of Economics and Analytics and Wireless Telecommunications Bureau, serves as the Commission's principal policy and administrative staff resource with respect to the use of market-based mechanisms, including competitive bidding, to distribute universal service support. Develops, recommends and administers policies, programs, rules and procedures concerning the use of market-based mechanisms, including competitive bidding, to distribute universal service support. ( q ) Issue orders revoking a common carrier's operating authority pursuant to section 214 of the Act, and issue orders to cease and desist such operations, in cases where the presiding officer has issued a certification order to the Commission that the carrier has waived its opportunity for hearing under that section. ( r ) Review and resolve appeals of decisions by the STIR/SHAKEN authentication framework Governance Authority (as those terms are defined in § 64.6300 of this chapter ) in accordance with § 64.6308 of this chapter . [ 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, 2006; 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 12546 , Mar. 4, 2021; 86 FR 48520 , Aug. 31, 2021] Office of Communications Business Opportunities § 0.101 Functions of the office. ( a ) The Office of Communications Business Opportunities (OCBO), as a staff office to the Commission, develops, coordinates, evaluates, and recommends to the Commission, policies, programs, and practices that promote participation by small entities, women, and minorities in the communications industry. A principal function of the Office is to lead, advise, and assist the Commission, including all of its component Bureau/Office managers, supervisors, and staff, at all levels, on ways to ensure that the competitive concerns of small entities, women, and minorities, are fully considered by the agency in notice and comment rulemakings. In accordance with this function, the Office: ( 1 ) Conducts independent analyses of the Commission's policies and practices to ensure that those policies and practices fully consider the interests of small entities, women, and minorities. ( 2 ) Advises the Commission, Bureaus, and Offices of their responsibilities under the Congressional Review Act provisions regarding small businesses; the Report to Congress regarding Market Entry Barriers for Small Telecommunications Businesses ( 47 U.S.C. 257 ); and the Telecommunications Development Fund ( 47 U.S.C. 614 ). ( b ) The Office has the following duties and responsibilities: ( 1 ) Through its director, serves as the principal small business policy advisor to the Commission; ( 2 ) Develops, implements, and evaluates programs and policies that promote participation by small entities, women and minorities in the communications industry; ( 3 ) Manages the Regulatory Flexibility Analysis process pursuant to the Regulatory Flexibility Act and the Small Business Regulatory Enforcement Fairness Act to ensure that small business interests are fully considered in agency actions; ( 4 ) Develops and recommends Commission-wide goals and objectives for addressing the concerns of small entities, women, and minorities and reports of achievement; ( 5 ) Acts as the principal channel for disseminating information regarding the Commission's activities and programs affecting small entities, women, and minorities; ( 6 ) Develops, recommends, coordinates, and administers objectives, plans and programs to encourage participation by small entities, women, and minorities in the decision-making process; ( 7 ) Promotes increased awareness within the Commission of the impact of policies on small entities, women, and minorities; ( 8 ) Acts as the Commission's liaison to other federal agencies on matters relating to small business. [ 69 FR 7376 , Feb. 17, 2003] Enforcement Bureau § 0.111 Functions of the Bureau. ( a ) Serve as the primary Commission entity responsible for enforcement of the Communications Act and other communications statutes, the Commission's rules, Commission orders and Commission authorizations, other than matters that are addressed in the context of a pending application for a license or other authorization or in the context of administration, including post-grant administration, of a licensing or other authorization or registration program. ( 1 ) Resolve complaints, including complaints filed under section 208 of the Communications Act, regarding acts or omissions of common carriers (wireline, wireless and international). Note 1 to paragraph ( a )(1): The Consumer and Governmental Affairs Bureau has primary responsibility for addressing individual informal complaints from consumers against common carriers (wireline, wireless and international) and against other wireless licensees, and informal consumer complaints involving access to telecommunications services and equipment for persons with disabilities.\nThe Office of International Affairs has primary responsibility for complaints regarding international settlements rules and policies. ( 2 ) Resolve complaints regarding acts or omissions of non-common carriers subject to the Commission's jurisdiction under Title II of the Communications Act and related provisions, including complaints against aggregators under section 226 of the Communications Act and against entities subject to the requirements of section 227 of the Communications Act. Note 2 to paragraph ( a )(2): The Consumer and Governmental Affairs Bureau has primary responsibility for addressing individual informal complaints from consumers against non-common carriers subject to the Commission's jurisdiction under Title II of the Communications Act and related provisions. ( 3 ) Resolve formal complaints regarding accessibility to communications services and equipment for persons with disabilities, including complaints filed pursuant to sections 225 and 255 of the Communications Act. ( 4 ) Resolve complaints regarding radiofrequency interference and complaints regarding radiofrequency equipment and devices, including complaints of violations of sections 302 and 333 of the Communications Act. Note 3 to paragraph ( a )(4): The Office of Engineering and Technology has shared responsibility for radiofrequency equipment and device complaints. ( 5 ) Resolve complaints regarding compliance with the Commission's Emergency Alert System rules. ( 6 ) Resolve complaints regarding the lighting and marking of radio transmitting towers under section 303(q) of the Communications Act. Note 4 to paragraph ( a )(6): The Wireless Telecommunications Bureau has responsibility for administration of the tower registration program. ( 7 ) Resolve complaints regarding compliance with statutory and regulatory provisions regarding indecent communications subject to the Commission's jurisdiction. ( 8 ) Resolve complaints regarding the broadcast and cable television children's television programming commercial limits contained in section 102 of the Children's Television Act. Note 5 to paragraph ( a )(8): The Media Bureau has responsibility for enforcement of these limits in the broadcast television renewal context. ( 9 ) Resolve complaints regarding unauthorized construction and operation of communications facilities, including complaints of violations of section 301 of the Communications Act. ( 10 ) Resolve complaints regarding false distress signals under section 325(a) of the Communications Act. ( 11 ) Resolves other complaints against Title III licensees and permittees (Title III of the Communications Act of 1934, as amended), including complaints under § 20.12(e) of this chapter , except that the Media Bureau has primary responsibility for complaints regarding children's television programming requirements, and for political and related programming matters involving broadcasters, cable operators and other multichannel video programming distributors. The relevant licensing Bureau has primary responsibility for complaints involving tower siting and the Commission's environmental rules. The Media Bureau has primary responsibility for complaints regarding compliance with conditions imposed on transfers of control and assignments of licenses of Cable Television Relay Service authorizations. Note 6 to paragraph ( a )(11): The Media Bureau has primary responsibility for complaints regarding children's television programming requirements, and for political and related programming matters and equal employment opportunity matters involving broadcasters, cable operators and other multichannel video programming distributors. The relevant licensing Bureau has primary responsibility for complaints involving tower sitting and the Commission's environmental rules. The Media Bureau has primary responsibility for complaints regarding compliance with conditions imposed on transfers of control and assignments of licenses of Cable Television Relay Service authorizations. ( 12 ) Resolve complaints regarding pole attachments filed under section 224 of the Communications Act. ( 13 ) Resolve complaints regarding multichannel video and cable television service under part 76 of this chapter , except that the Media Bureau has primary responsibility for complaints regarding the following: Subpart A (general), with the exception of § 76.11 ; subpart B (Registration Statements); subpart C (Cable Franchise Applications); subpart D (carriage of television broadcast signals); subpart F (nonduplication protection and syndicated exclusivity); subpart G, §§ 76.205 and 76.206 (political broadcasting); subpart I ([Reserved]); subpart J (ownership); subpart L (cable television access); subpart N, § 76.944 (basic cable rate appeals), and §§ 76.970 , 76.971 , and 76.977 (cable leased access rates); subpart O (competitive access to cable programming); subpart P (competitive availability of navigation devices); subpart Q (regulation of carriage agreements); subpart S (Open Video Systems); and subparts T, U, and V to the extent related to the matters listed in this paragraph (a)(13) . Note 7 to paragraph ( a )(13): The Media Bureau has primary responsibility for complaints regarding the following: subpart A (general), with the exception of § 76.11 of this chapter ; subpart B (Registration Statements); subpart C (Federal-State/Local Relationships [Reserved]; subpart D (carriage of television broadcast signals); subpart E (equal employment opportunity requirements); subpart F (nonduplication protection and syndicated exclusivity); subpart G, §§ 76.205 , 76.206 and 76.209 of this chapter (political broadcasting); subpart I (Forms and Reports); subpart J (ownership); subpart L (cable television access); subpart N, § 76.944 of this chapter (basic cable rate appeals), and §§ 76.970 , 76.971 and 76.977 of this chapter (cable leased access rates); subpart O (competitive access to cable programming); subpart P (competitive availability of navigation devices); subpart Q (regulation of carriage agreements); subpart S (Open Video Systems); and subparts T, U and V to the extent related to the matters listed in this note. ( 14 ) Resolve universal service suspension and debarment proceedings pursuant to § 54.521 of this chapter . ( 15 ) Upon referral from the General Counsel pursuant to § 0.251(g) , impose sanctions for violations of the Commission's ex parte rules including, but not limited to, the imposition of monetary forfeitures, consistent with § 0.311 . ( 16 ) Resolve complaints regarding other matters assigned to it by the Commission, matters that do not fall within the responsibility of another Bureau or Office or matters that are determined by mutual agreement with another Bureau or Office to be appropriately handled by the Enforcement Bureau. ( 17 ) Identify and analyze complaint information, conduct investigations, conduct external audits and collect information, including pursuant to sections 218, 220, 308(b), 403 and 409(e) through (k) of the Communications Act, in connection with complaints, on its own initiative or upon request of another Bureau or Office. ( 18 ) Issue or draft orders taking or recommending appropriate action in response to complaints or investigations, including, but not limited to, admonishments, damage awards where authorized by law or other affirmative relief, notices of violation, notices of apparent liability and related orders, notices of opportunity for hearing regarding a potential forfeiture, hearing designation orders, orders designating licenses or other authorizations for a revocation hearing and consent decrees. Issue or draft appropriate orders after a hearing proceeding has been terminated by the presiding officer on the basis of waiver. Issue or draft appropriate interlocutory orders and take or recommend appropriate action in the exercise of its responsibilities. ( 19 ) Encourage cooperative compliance efforts. ( 20 ) Mediate and settle disputes. ( 21 ) Provide information regarding pending complaints, compliance with relevant requirements and the complaint process, where appropriate and to the extent the information is not available from the Consumer and Governmental Affairs Bureau or other Bureaus and Offices. ( 22 ) Exercise responsibility for rulemaking proceedings regarding general enforcement policies and procedures. ( 23 ) Advise the Commission or responsible Bureau or Office regarding the enforcement implications of existing and proposed rules. ( 24 ) Serve as the primary point of contact for coordinating enforcement matters, including market and consumer enforcement matters, with other federal, state and local government agencies, as well as with foreign governments after appropriate consultation, and provide assistance to such entities. Refer matters to such entities, as well as to private sector entities, as appropriate. ( 25 ) Resolve complaints alleging violations of the open Internet rules. ( 26 ) Conduct audits and investigations and resolve issues of compliance concerning equal employment opportunity requirements involving Title III licensees and permittees or multichannel video programming distributors, including cable service providers, under part 76 of this chapter . ( 27 ) Identify suspected illegal calls and illegal texts and provide written notice to voice service or mobile wireless providers. The Enforcement Bureau shall: ( i ) Identify with as much particularity as possible the suspected traffic or texts; ( ii ) Cite the statutory or regulatory provisions the suspected traffic appear to violate or illegal texts violate; ( iii ) Provide the basis for the Enforcement Bureau's reasonable belief that the identified traffic or the determination that the illegal texts are unlawful, including any relevant nonconfidential evidence from credible sources such as the industry traceback consortium or law enforcement agencies; and ( iv ) Direct the voice service provider receiving the notice that it must comply with § 64.1200(n)(2) of the Commission's rules or direct the mobile wireless provider receiving the notice that it must comply with 47 CFR 64.1200(s) . ( 28 ) Take enforcement action, including de-listing from the Robocall Mitigation Database, against any provider: ( i ) Whose certification required by § 64.6305 of this chapter is deficient after giving that provider notice and an opportunity to cure the deficiency; or ( ii ) Who accepts calls directly from a provider not listed in the Robocall Mitigation Database in violation of § 64.6305(g) of this chapter . ( 29 ) Take enforcement action, including revoking an existing section 214 authorization, license, or instrument for any entity that has repeatedly violated § 64.6301 , § 64.6302 , or § 64.6305 of this chapter . The Commission or the Enforcement Bureau under delegated authority will provide prior notice of its intent to revoke an existing license or instrument of authorization and follow applicable revocation procedures, including providing the authorization holder with a written opportunity to demonstrate why revocation is not warranted. ( 30 ) Resolve complaints alleging violations of digital discrimination of access pursuant to 47 CFR part 16 . ( b ) Serve as a party in hearing proceedings conducted pursuant to 47 CFR part 1, subpart B . ( c ) In coordination with the Office of International Affairs, participate in international conferences dealing with monitoring and measurement; serve as the point of contact for the U.S. Government in matters of international monitoring, fixed and mobile direction-finding and interference resolution; and oversee coordination of non-routine communications and materials between the Commission and international or regional public organizations or foreign administrations. ( d ) In conjunction with the Office of Engineering and Technology, work with technical standards bodies. ( e ) Coordinate with and assist the Wireless Telecommunications Bureau with respect to the Commission's privatized ship radio inspection program. ( f ) Provide field support for, and field representation of, the Bureau, other Bureaus and Offices and the Commission. Coordinate with other Bureaus and Offices as appropriate. ( g ) Handle congressional and other correspondence relating to or requesting specific enforcement actions, specific complaints or other specific matters within the responsibility of the Bureau, to the extent not otherwise handled by the Consumer and Governmental Affairs Bureau, the Office of General Counsel (impermissible ex parte presentations) or another Bureau or Office; ( h ) Have authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the responsibility of the Bureau. Before issuing a subpoena, the Enforcement Bureau shall obtain the approval of the Office of General Counsel. ( i ) Conduct the annual registration and select a single consortium to conduct private-led efforts to trace back the origin of suspected unlawful robocalls, under section 13(d) of the TRACED Act, 133 Stat. at 3287, and § 64.1203 of this chapter , consistent with FCC No. 20-34. ( j ) Collects and reviews information received from private entities related to violations of §§ 64.1200(a) and 64.1604(a) of this chapter . ( k ) Perform such other functions as may be assigned or referred to it by the Commission. [ 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; 71 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 , Sept. 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 FR 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, 2023; 88 FR 40116 , June 21, 2023; 88 FR 43458 , July 10, 2023; 89 FR 4161 , Jan. 22, 2024; 89 FR 5104 , Jan. 26, 2024] § 0.121 Location of field installations. ( a ) Field offices are located throughout the United States. For the address and phone number of the closest office contact the Enforcement Bureau or see the U.S. Government Manual. ( b ) Protected field offices are located at the following geographical coordinates (coordinates are referenced to North American Datum 1983 (NAD83)): Allegan, Michigan, 42°36′20.1″ N. Latitude, 85°57′20.1″ W. Longitude Belfast, Maine, 44°26′42.3″ N. Latitude, 69°04′56.1″ W. Longitude Canandaigua, New York, 42°54′48.2″ N. Latitude, 77°15′57.9″ W. Longitude Douglas, Arizona, 31°30′02.3″ N. Latitude, 109°39′14.3″ W. Longitude Ferndale, Washington, 48°57′20.4″ N. Latitude, 122°33′17.6″ W. Longitude Grand Island, Nebraska, 40°55′21.0″ N. Latitude, 98°25′43.2″ W. Longitude Kenai, Alaska, 60°43′26.0″ N. Latitude, 151°20′15.0″ W. Longitude Kingsville, Texas, 27°26′30.1″ N. Latitude, 97°53′01.0″ W. Longitude Laurel, Maryland, 39°09′54.4″ N. Latitude, 76°49′15.9″ W. Longitude Livermore, California, 37°43′29.7″ N. Latitude, 121°45′15.8″ W. Longitude Powder Springs, Georgia, 33°51′44.4″ N. Latitude, 84°43′25.8″ W. Longitude Santa Isabel, Puerto Rico, 18°00′18.9″ N. Latitude, 66°22′30.6″ W. Longitude Vero Beach, Florida, 27°36′22.1″ N. Latitude, 80°38′05.2″ W. Longitude Waipahu, Hawaii, 21°22′33.6″ N. Latitude, 157°59′44.1″ W. Longitude [ 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 FR 13219 , Mar. 21, 2002; 69 FR 58097 , Sept. 29, 2004] Wireless Telecommunications Bureau § 0.131 Functions of the Bureau. The Wireless Telecommunications Bureau develops, recommends and administers the programs and policies for the regulation of the terms and conditions under which communications entities offer domestic wireless telecommunications services and of ancillary operations related to the provision of such services (satellite communications excluded). These functions include all wireless telecommunications service providers' and licensees' activities. The Bureau also performs the following specific functions: ( a ) Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in all matters pertaining to the licensing and regulation of wireless telecommunications, including ancillary operations related to the provision or use of such services; any matters concerning wireless carriers that also affect wireline carriers in cooperation with the Wireline Competition Bureau; and, in cooperation with the Office of Economics and Analytics, all policies, programs, and rules regarding spectrum auctions, and, in cooperation with the Wireline Competition Bureau and the Office of Economics and Analytics, USF mechanisms affecting wireless carriers. These activities include: Policy development and coordination; conducting rulemaking and adjudicatory proceedings, including licensing and complaint proceedings for matters not within the responsibility of the Enforcement Bureau; acting on waivers of rules; acting on applications for service and facility authorizations; compliance and enforcement activities for matters not within the responsibility of the Enforcement Bureau; determining resource impacts of existing, planned or recommended Commission activities concerning wireless telecommunications, and developing and recommending resource deployment priorities. ( b ) Develops and recommends policy goals, objectives, programs and plans for the Commission on matters concerning wireless telecommunications, drawing upon relevant economic, technological, legislative, regulatory and judicial information and developments. Such matters include meeting the present and future wireless telecommunications needs of the Nation; fostering economic growth by promoting efficiency and innovation in the allocation, licensing and use of the electromagnetic spectrum; ensuring choice, opportunity and fairness in the development of wireless telecommunications services and markets; promoting economically efficient investment in wireless telecommunications infrastructure and the integration of wireless communications networks into the public telecommunications network; enabling access to national communications services; promoting the development and widespread availability of wireless telecommunications services. Reviews and coordinates orders, programs and actions initiated by other Bureaus and Offices in matters affecting wireless telecommunications to ensure consistency of overall Commission policy. ( c ) Serves as a staff resource, in coordination with the Office of Economics and Analytics with regard to the development and implementation of spectrum policy through spectrum auctions. Jointly with the Office of Economics and Analytics, develops, recommends and administers policies, programs and rules concerning licensing of spectrum for wireless telecommunications through auctions and advises the Commission on policy, engineering, and technical matters relating to auctions of spectrum used for other purposes. ( d ) Regulates the charges, practices, classifications, terms and conditions for, and facilities used to provide, wireless telecommunications services. Develops and recommends consistent, integrated policies, programs and rules for the regulation of commercial mobile radio services and private mobile radio services. ( e ) Develops and recommends policy, rules, standards, procedures and forms for the authorization and regulation of wireless telecommunications facilities and services, including all facility authorization applications involving domestic terrestrial transmission facilities. Coordinates with and assists the Space Bureau regarding frequency assignment, coordination and interference matters. ( f ) Develops and recommends responses to legislative, regulatory or judicial inquiries and proposals concerning or affecting wireless telecommunications. ( g ) Develops and recommends policies regarding matters affecting the collaboration and coordination of relations among Federal agencies, and between the Federal government and the states, concerning wireless telecommunications issues. Maintains liaison with Federal and state government bodies concerning such issues. ( h ) Develops and recommends policies, programs and rules to ensure interference-free operation of wireless telecommunications equipment and networks. Coordinates with and assists other Bureaus and Offices, as appropriate, concerning spectrum management, planning, and interference matters and issues, and in compliance and enforcement activities. Studies technical requirements for equipment for wireless telecommunications services in accordance with standards established by the Chief, Office of Engineering and Technology. ( i ) Advises and assists consumers, businesses and other government agencies on wireless telecommunications issues and matters related thereto. Also assists the Consumer and Governmental Affairs Bureau with informal consumer complaints and other general inquiries by consumers. ( j ) Administers the Commission's commercial radio operator program ( part 13 of this chapter ); the Commission's program for registration, construction, marking and lighting of antenna structures ( part 17 of this chapter ), and the Commission's privatized ship radio inspection program ( part 80 of this chapter ). ( k ) Coordinates with and assists the Office of International Affairs with respect to treaty activities and international conferences concerning wireless telecommunications and standards. ( l ) Exercises such authority as may be assigned, delegated or referred to it by the Commission. ( m ) Certifies frequency coordinators; considers petitions seeking review of coordinator actions; and engages in oversight of coordinator actions and practices. ( n ) Administers the Commission's amateur radio programs ( part 97 of this chapter ) and the issuing of maritime mobile service identities (MMSIs). ( o ) Exercises authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of wireless telecommunications operators for any alleged violation or violations of the Communications Act of 1934, as amended, or the Commission's rules and orders. Before issuing a subpoena, the Wireless Telecommunications Bureau shall obtain the approval of the Office of General Counsel. ( p ) Certifies, in the name of the Commission, volunteer entities to coordinate maintain and disseminate a common data base of amateur station special event call signs, and issues Public Notices detailing the procedures of amateur service call sign systems. ( q ) Coordinates with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. ( r ) In coordination with the Wireline Competition Bureau and the Office of Economics and Analytics, develops and recommends policies, programs, rules and procedures concerning the use of market-based mechanisms, including competitive bidding, to distribute universal service support. ( s ) ( 1 ) Extends the Communications Act Safety Radiotelephony Certificate for a period of up to 90 days beyond the specified expiration date. ( 2 ) Grants emergency exemption requests, extensions or waivers of inspection to ships in accordance with applicable provisions of the Communications Act, the Safety Convention, or the Commission's rules. [ 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 FR 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, 2011; 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 21429 , Apr. 10, 2023; 88 FR 77219 , Nov. 9, 2023] Consumer and Governmental Affairs Bureau § 0.141 Functions of the Bureau. The Consumer and Governmental Affairs Bureau develops and administers the Commission's consumer and governmental affairs policies and initiatives to enhance the public's understanding of the Commission's work and to facilitate the Agency's relationships with other governmental agencies and organizations. The Bureau is responsible for rulemaking proceedings regarding general consumer education policies and procedures and serves as the primary Commission entity responsible for communicating with the general public regarding Commission policies, programs, and activities in order to facilitate public participation in the Commission's decision-making processes. The Bureau also serves as the primary Commission entity responsible for administering the Affordable Connectivity Outreach Grant Program for outreach, in coordination with the Office of the Managing Director, Office of the General Counsel, Wireline Competition Bureau, and Office of Economics and Analytics. The Bureau also performs the following functions: ( a ) Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in matters pertaining to consumers and governmental affairs. This includes policy development and coordination as well as adjudication and rulemaking. ( b ) Collaborates with, and advises and assists, the public, state and local governments, and other governmental agencies and industry groups on consumer matters. ( c ) Advises the Commission and other Bureaus and Offices of consumer and governmental affairs-related areas of concern or interest; initiates, reviews, and coordinates orders, programs and actions, in conjunction with other Bureaus and Offices, in matters regarding consumer education policies and procedures, and any other related issues affecting consumer policy; represents the Commission on consumer and governmental-related committees, working groups, task forces and conferences within and outside the Commission; and provides expert advice and assistance to Bureaus and Offices and consumers regarding compliance with applicable disability and accessibility requirements, rules, and regulations. ( d ) Collects and analyzes information from industry, other Bureaus and Offices, and the media, as well as information received in the Bureau from informal consumer inquiries and complaints, rulemakings, and consumer forums; identifies trends that affect consumers; in consultation with the Office of the Managing Director, provides objectives and evaluation methods for the public information portion of the Commission's Government Performance and Results Act submissions and other Commission-wide strategic planning efforts. ( e ) Researches, develops, and distributes materials to inform consumers about the Commission's rules, proposals, and events, and to promote consumer participation in Commission rulemakings and activities; maintains the Commission's Consumer Information Directory; develops a library of commonly requested materials on issues of interest to all consumers. Ensures that alternative translations of Commission materials are available to Commission employees, Bureaus, Offices, and members of the public. ( f ) Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in matters pertaining to persons with disabilities. Provides expert advice and assistance, as required, to other Bureaus and Offices, consumers, industry, and others on issues relevant to persons with disabilities. Initiates rulemakings, where appropriate; reviews relevant agenda items and other documents and coordinates with Bureaus and Offices to develop recommendations and propose policies to ensure that communications are accessible to persons with disabilities, in conformance with existing disability laws and policies, and that they support the Commission's goal of increasing accessibility of communications services and technologies for persons with disabilities. ( g ) Plans, develops, and conducts consumer outreach and education initiatives to educate the public about important Commission regulatory programs. In coordination with other Bureaus and Offices, establishes liaison(s) for information sharing purposes to ensure coordination on all consumer outreach projects. Ensures that alternative translations of Commission materials are available to Commission employees, Bureaus, Offices and members of the public. ( h ) Periodically reviews the status of open docketed proceedings, and following: ( 1 ) Consultation with and concurrence from the relevant bureau or office with responsibility for a particular proceeding, ( 2 ) The issuance of a public notice listing proceedings under consideration for termination, and, ( 3 ) A reasonable period during which interested parties may comment, closes any docket in which no further action is required or contemplated (with termination constituting a final determination in any such proceeding). ( i ) Provides informal mediation and resolution of individual informal consumer inquiries and complaints consistent with Commission regulations. Resolves certain classes of informal complaints, as specified by the Commission, through findings of fact and issuance of orders. Receives, reviews, and analyzes responses to informal complaints; maintains manual and computerized files that permit the public inspection of informal consumer complaints; mediates and attempts to settle unresolved disputes in informal complaints as appropriate; and coordinates with other Bureaus and Offices to ensure that consumers are provided with accurate, up-to-date information. Develops and fosters partnerships with state regulatory entities to promote the sharing of information pertaining to informal complaint files maintained by the Bureau. ( j ) Provides leadership to other Bureaus and Offices for dissemination of consumer information via the Internet. ( k ) In coordination with other Bureaus and Offices, handles Congressional and other correspondence related to specific informal consumer complaints, or other specific matters within the responsibility of the Bureau, to the extent not otherwise handled by the Office of General Counsel or other Bureaus or Offices. Responds to and/or coordinates due diligence and other requests for information pertaining to informal inquiries and complaints under the responsibility of the Bureau with other Bureaus and Offices. ( l ) Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, to develop, administer, and manage the Affordable Connectivity Outreach Grant Program. This includes coordinating with the Office of the Managing Director (OMD) on interagency agreements with other Federal agencies as may be necessary to develop, administer, and manage the Affordable Connectivity Outreach Grant Program, including, developing, administering, and issuing Notices of Funding Opportunity for and making grant awards or entering into cooperative agreements for the Affordable Connectivity Outreach Grant Program. This also includes, with the concurrence of the General Counsel, interpreting rules and regulations pertaining to the Affordable Connectivity Outreach Grant Program. [ 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] Office of Administrative Law Judges § 0.151 Functions of the Office. The Office of Administrative Law Judges consists of as many Administrative Law Judges qualified and appointed pursuant to the requirements of 5 U.S.C. 3105 as the Commission may find necessary. It is responsible for hearing and conducting adjudicatory cases designated for hearing other than those designated to be heard by the Commission en banc, or by one or more commissioners. The Office of Administrative Law Judges is also responsible for conducting such other hearing proceedings as the Commission may assign. [ 85 FR 63171 , Oct. 6, 2020] Homeland Security, Defense and Emergency Preparedness Functions § 0.181 The Defense Commissioner. The Defense Commissioner is designated by the Commission. The Defense Commissioner directs the homeland security, national security and emergency preparedness, and defense activities of the Commission and has the following duties and responsibilities: ( a ) To keep the Commission informed as to significant developments in the field of homeland security, emergency preparedness, defense, and any related activities that involve formulation or revision of Commission policy in any area of responsibility of the Commission. ( b ) To represent the Commission in public safety, homeland security, national security, emergency preparedness, disaster management, defense and related matters requiring conferences or communications with other governmental officers, departments, or agencies. ( c ) To act as the Homeland Security and Defense Coordinator in representations with other agencies with respect to planning for the continuity of the essential functions of the Commission under emergency conditions. ( d ) To serve as a member of the Joint Telecommunications Resources Board (JTRB). ( e ) To serve as the principal point of contact for the Commission on all matters pertaining to the Department of Homeland Security. ( f ) To take such measures as will assure continuity of the Commission's functions under any foreseeable circumstances with a minimum of interruption. In the event of an emergency, the Defense Commissioner, in consultation with the Chief, Public Safety and Homeland Security Bureau, will decide whether to activate the Commission's Continuity of Operations (COOP) plan and/or initiate the Commission's emergency response procedures. ( g ) In the event of enemy attack, or the imminent threat thereof, or other disaster resulting in the inability of the Commission to function at its offices in Washington, DC, to assume all of the duties and responsibilities of the Commission and the Chairperson, until relieved or augmented by other Commissioners or members of the staff, as set forth in §§ 0.186 and 0.383 . ( h ) To approve national emergency plans and develop preparedness programs covering: provision of service by common carriers; broadcasting and cable facilities, satellite and the wireless radio services; radio frequency assignment; electromagnetic radiation; investigation and enforcement. ( i ) To perform such other duties and assume such other responsibilities related to the Commission's defense activities as may be necessary for the continuity of functions and the protection of Commission personnel and property. ( j ) The Commission may designate an Alternate Defense Commissioner who is authorized to perform the functions of the Defense Commissioner if he or she is not available. [ 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; 71 FR 69035 , Nov. 29, 2006; 72 FR 48842 , Aug. 24, 2007; 77 FR 62462 , Oct. 15, 2012; 88 FR 21429 , Apr. 10, 2023] § 0.185 Responsibilities of the bureaus and staff offices. The head of each of the bureaus and staff offices, in rendering assistance to the Chief, Public Safety and Homeland Security Bureau in the performance of that person's duties with respect to homeland security, national security, emergency management and preparedness, disaster management, defense, and related activities will have the following duties and responsibilities: ( a ) To keep the Chief, Public Safety and Homeland Security Bureau informed of the investigation, progress, and completion of programs, plans, or activities with respect to homeland security, national security and emergency preparedness, and defense in which they are engaged or have been requested to engage. ( b ) To render assistance and advice to the Chief, Public Safety and Homeland Security Bureau, on matters which relate to the functions of their respective bureaus or staff offices. ( c ) To render such assistance and advice to other agencies as may be consistent with the functions of their respective bureaus or staff offices and the Commission's policy with respect thereto. ( d ) To perform such other duties related to the Commission's homeland security, national security, emergency management and preparedness, disaster management, defense, and related activities as may be assigned to them by the Commission. ( e ) To serve as Public Safety/Homeland Security Liaison to the Public Safety and Homeland Security Bureau or designate a Deputy Chief of the Bureau or Office as such liaison. [ 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 FR 60721 , Nov. 8, 1999; 69 FR 30234 , May 27, 2004; 71 FR 69035 , Nov. 29, 2006] § 0.186 Emergency Relocation Board. ( a ) As specified in the Commission's Continuity of Operations Plan and consistent with the exercise of the War Emergency Powers of the President as set forth in section 706 of the Communications Act of 1934, as amended, if the full Commission or a quorum thereof is unable to act, an Emergency Relocation Board will be convened at the Commission's Headquarters or other relocation site designated to serve as Primary FCC Staff to perform the functions of the Commission. Relocation may be required to accommodate a variety of emergency scenarios. Examples include scenarios in which FCC headquarters is unavailable or uninhabitable; or many, if not all, agencies must evacuate the immediate Washington, DC, area. The FCC's Continuity of Operations Plan (COOP) includes the deliberate and pre-planned movement of selected key principals and supporting staff to a relocation facility. As an example, a sudden emergency, such as a fire or hazardous materials incident, may require the evacuation of FCC headquarters with little or no advance notice, but for only a short duration. Alternatively, an emergency so severe that FCC headquarters is rendered unusable and likely will be for a period long enough to significantly impact normal operations, may require COOP implementation. Nothing in this subsection shall be construed to diminish the authority of the Commission or its staff to perform functions of the Commission at the Commission's headquarters or other relocation site using existing authority provided for elsewhere in this Chapter. ( b ) The Board shall comprise such Commissioners as may be present (including Commissioners available through electronic communications or telephone) and able to act. In the absence of the Chairperson, the Commissioner present with the longest seniority in office will serve as acting Chairperson. If no Commissioner is present and able to act, the person designated as next most senior official in the Commission's Continuity of Operations Plan will head the Board. [ 69 FR 30234 , May 27, 2004, as amended at 88 FR 21429 , Apr. 10, 2023] Public Safety and Homeland Security Bureau § 0.191 Functions of the Bureau. The Public Safety and Homeland Security Bureau advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in all matters pertaining to public safety, homeland security, national security, emergency management and preparedness, disaster management, and ancillary operations. The Bureau has responsibility for coordinating public safety, homeland security, national security, emergency management and preparedness, disaster management, and related activities within the Commission. The Bureau also performs the following functions. ( a ) Develops, recommends, and administers policy goals, objectives, rules, regulations, programs and plans for the Commission to promote effective and reliable communications for public safety, homeland security, national security, emergency management and preparedness, disaster management and related activities, including public safety communications (including 911, enhanced 911, and other emergency number issues), priority emergency communications, alert and warning systems (including the Emergency Alert System), continuity of government operations, implementation of Homeland Security Presidential Directives and Orders, disaster management coordination and outreach, communications infrastructure protection, reliability, operability and interoperability of networks and communications systems, the Communications Assistance for Law Enforcement Act (CALEA), and network security. Recommends policies and procedures for public safety, homeland security, national security, emergency management and preparedness, and recommends national emergency plans and preparedness programs covering Commission functions during national emergency conditions. Conducts outreach and coordination activities with, among others, state and local governmental agencies, hospitals and other emergency health care providers, and public safety organizations. Recommends national emergency plans, policies, and preparedness programs covering the provision of service by communications service providers, including telecommunications service providers, information service providers, common carriers, and non-common carriers; broadcasting and cable facilities; satellite and wireless radio services; radio frequency assignment; electro-magnetic radiation; investigation and enforcement. ( b ) Under the general direction of the Defense Commissioner, coordinates the public safety, homeland security, national security, emergency management and preparedness, disaster management, and related activities of the Commission, including national security and emergency preparedness and defense mobilization, Continuity of Government (COG) planning, alert and warning systems (including the Emergency Alert System), and other functions as may be delegated during a national emergency or activation of the President's war emergency powers as specified in section 706 of the Communications Act. Provides support to the Defense Commissioner, including with respect to his or her participation in the Joint Telecommunications Resources Board, and the National Security Telecommunications Advisory Committee and other public safety and homeland security organizations and committees. Represents the Defense Commissioner with other Government agencies and organizations, the communications industry, and Commission licensees on public safety, homeland security, national security, emergency management and preparedness, disaster management, and related issues. Keeps the Defense Commissioner informed as to significant developments in the fields of public safety, homeland security, national security, emergency management, and disaster management activities, and related areas. ( c ) Develops and administers rules, regulations, and policies for priority emergency communications, including the Telecommunications Service Priority System. Supports the Chiefs of the Wireline Competition, International and Wireless Telecommunications Bureaus on matters involving assignment of Telecommunications Service Priority System priorities and in administration of that system. ( d ) The Chief, Public Safety and Homeland Security Bureau, or that person's designee, acts as FCC Alternate Homeland Security and Defense Coordinator and principal to the National Communications System, and the Chief, Public Safety and Homeland Security Bureau, or that person's designee, shall serve as the Commission's representative on National Communications Systems Committees. ( e ) Conducts rulemaking proceedings and acts on requests for interpretation or waiver of rules. ( f ) Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in all matters pertaining to the licensing and regulation of public safety, homeland security, national security, emergency management and preparedness, and disaster management wireless telecommunications, including ancillary operations related to the provision or use of such services. These activities include: policy development and coordination; conducting rulemaking and adjudicatory proceedings, including complaint proceedings for matters not within the responsibility of the Enforcement Bureau; acting on waivers of rules; acting on applications for service and facility authorizations; compliance and enforcement activities for matters not within the responsibility of the Enforcement Bureau; determining resource impacts of existing, planned or recommended Commission activities concerning wireless telecommunications, and developing and recommending resource deployment priorities. In addition, advises and assists public safety entities on wireless telecommunications issues and matters related thereto. Administers all authority previously delegated to the Wireless Telecommunications Bureau (including those delegations expressly provided to the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau) in Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55. ( g ) Conducts studies of public safety, homeland security, national security, emergency management and preparedness, disaster management, and related issues. Develops and administers recordkeeping and reporting requirements for communications companies pertaining to these issues. Administers any Commission information collection requirements pertaining to public safety, homeland security, national security, emergency management and preparedness, disaster management, and related issues, including the communications disruption reporting requirements set forth in part 4 of this chapter and revision of the filing system and template used for the submission of those communications disruption reports. ( h ) Interacts with the public, local, state, and other governmental agencies and industry groups (including advisory committees and public safety organizations and associations) on public safety, homeland security, national security, emergency management, disaster management and related issues. As requested, represents the Commission at meetings and conferences. Serves as the point of contact for the U.S. Government in matters of international monitoring, fixed and mobile direction-finding and interference resolution; and oversees coordination of non-routine communications and materials between the Commission and international or regional public organizations or foreign administrations. ( i ) Maintains and operates the Commission's public safety, homeland security, national security, emergency management and preparedness, and disaster management facilities and operations, including the Communications Center, the establishment of any Emergency Operations Center (EOC), and any liaison activities with other federal, state, or local government organizations. ( j ) Reviews and coordinates orders, programs and actions initiated by other Bureaus and Offices in matters affecting public safety, homeland security, national security, emergency management and preparedness, disaster management and related issues to ensure consistency with overall Commission policy. Provides advice to the Commission and other Bureaus and offices regarding the public safety, homeland security, national security, emergency management, and disaster management implications of existing and proposed rules. ( k ) Develops and recommends responses to legislative, regulatory or judicial inquiries and proposals concerning or affecting public safety, homeland security, national security, emergency management, disaster management and related issues. Responses to judicial inquiries should be developed with and recommended to the Office of General Counsel. ( l ) Develops and maintains the Commission's plans and procedures, including the oversight, preparation, and training of Commission personnel, for Continuity of Operations (COOP), Continuity of Government functions, and Commission activities and responses to national emergencies and other similar situations. ( m ) Acts on emergency requests for Special Temporary Authority during non-business hours when the other Offices and Bureaus of the Commission are closed. Such actions shall be coordinated with, if possible, and promptly reported to the responsible Bureau or Office. ( n ) Maintains liaison with other Bureaus and Offices concerning matters affecting public safety, homeland security, national security, emergency management and preparedness, disaster management and related issues. ( o ) [Reserved] ( p ) Performs such other functions and duties as may be assigned or referred to it by the Commission or the Defense Commissioner. ( q ) Oversees the Emergency Response Interoperability Center, establishes the intergovernmental advisory committees described under § 0.192(b) , and administers the agency's responsibilities in connection with such committees. [ 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] § 0.192 Emergency Response Interoperability Center. ( a ) The Emergency Response Interoperability Center acts under the general direction of the Chief of the Public Safety and Homeland Security Bureau to develop, recommend, and administer policy goals, objectives, rules, regulations, programs, and plans for the Commission in matters pertaining to the implementation of national interoperability standards and the development of technical and operational requirements and procedures for the 700 MHz public safety broadband wireless network and other public safety communications systems. These requirements and procedures may involve such issues as interoperability, roaming, priority access, gateway functions and interfaces, interconnectivity of public safety broadband networks, authentication and encryption, and requirements for common public safety broadband applications. ( b ) To the extent permitted by applicable law, the Chief of the Public Safety and Homeland Security Bureau shall have delegated authority to establish one or more advisory bodies, consistent with the Federal Advisory Committee Act or other applicable law, to advise the Emergency Response Interoperability Center in the performance of its responsibilities. Such advisory bodies may include representatives from relevant Federal public safety and homeland security entities, representatives from state and local public safety entities, industry representatives, and service providers. [ 75 FR 28207 , May 20, 2010] Subpart B—Delegations of Authority Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 155 , 225 , and 409 . General § 0.201 General provisions. ( a ) There are three basic categories of delegations made by the Commission pursuant to section 5(c) of the Communications Act of 1934, as amended: ( 1 ) Delegations to act in non-hearing matters and proceedings. The great bulk of delegations in this category are made to bureau chiefs and other members of the Commission's staff. This category also includes delegations to individual commissioners and to boards or committees of commissioners. ( 2 ) Delegations to rule on interlocutory matters in hearing proceedings. Delegations in this category are made to any person, other than the Commission, designated to serve as the presiding officer in a hearing proceeding pursuant to § 1.241 . ( 3 ) Delegations to review an initial decision. Delegations in this category are made to individual commissioners, to panels of commissioners. ( b ) Delegations are arranged in this subpart under headings denoting the person, panel, or board to whom authority has been delegated, rather than by the categories listed in paragraph (a) of this section. ( c ) Procedures pertaining to the filing and disposition of interlocutory pleadings in hearing proceedings are set forth in §§ 1.291 through 1.298 of this chapter . Procedures pertaining to appeals from rulings of the presiding officer are set forth in §§ 1.301 and 1.302 . Procedures pertaining to reconsideration and review of actions taken pursuant to delegated authority are set forth in §§ 1.101 , 1.102 , 1.104 , 1.106 , 1.113 , 1.115 , and 1.117 . Procedures pertaining to exceptions to initial decisions are set forth in §§ 1.276 through 1.279 . ( d ) The Commission, by vote of a majority of the members then holding office, may delegate its functions either by rule or by order, and may at any time amend, modify, or rescind any such rule or order. ( 1 ) Functions of a continuing or recurring nature are delegated by rule. The rule is published in the Federal Register and is included in this subpart. ( 2 ) Functions pertaining to a particular matter or proceeding are delegated by order. The order is published in the Federal Register and associated with the record of that matter or proceeding, but neither the order nor any reference to the delegation made thereby is included in this subpart. [ 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; 85 FR 63171 , Oct. 6, 2020] § 0.203 Authority of person, panel, or board to which functions are delegated. ( a ) The person, panel, or board to which functions are delegated shall, with respect to such functions, have all the jurisdiction, powers, and authority conferred by law upon the Commission, and shall be subject to the same duties and obligations. ( b ) Except as provided in § 1.102 of this chapter , any action taken pursuant to delegated authority shall have the same force and effect and shall be made, evidenced, and enforced in the same manner as actions of the Commission. [ 28 FR 12402 , Nov. 22, 1963] § 0.204 The exercise of delegated authority. ( a ) Authority to issue orders and to enter into correspondence. Any official (or group of officials) to whom authority is delegated in this subpart is authorized to issue orders (including rulings, decisions, or other action documents) pursuant to such authority and to enter into general correspondence concerning any matter for which he is responsible under this subpart or subpart A of this part . ( b ) Authority of subordinate officials. Authority delegated to any official to issue orders or to enter into correspondence under paragraph (a) of this section may be exercised by that official or by appropriate subordinate officials acting for him/her. ( c ) Signature. ( 1 ) Other orders made by a committee, board or panel identify the body and are signed by the Secretary. ( 2 ) Upon signing an order, the Secretary affixes the Commission's seal. ( 3 ) General correspondence by a committee or board is signed by the committee or board chairperson. ( 4 ) All other orders and letters are signed by the official who has given final approval of their contents. ( 5 ) With the exception of license forms requiring the signature of an appropriate official of the issuing bureau or office, license forms bear only the seal of the Commission. ( d ) Form of orders. Orders may be issued in any appropriate form (e.g., as captioned orders, letters, telegrams) and may, if appropriate, be issued orally. Orders issued orally shall, if practicable, be confirmed promptly in writing. ( e ) Minutes entries. Except as otherwise provided in this subpart, actions taken as provided in paragraph (d) of this section shall be recorded in writing and filed in the official minutes of the Commission. [ 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] Commissioners § 0.211 Chairperson. The responsibility for the general administration of internal affairs of the Commission is delegated to the Chairperson of the Commission. The Chairperson will keep the Commission advised concerning his actions taken under this delegation of authority. This authority includes: ( a ) Actions of routine character as to which the Chairperson may take final action. ( b ) Actions of non-routine character which do not involve policy determinations. The Chairperson may take final action on these matters but shall specifically advise the Commission on these actions. ( c ) Actions of an important character or those which involve policy determinations. In these matters the Chairperson will develop proposals for presentation to the Commission. ( d ) To act within the purview of the Federal Tort Claims Act, as amended, 28 U.S.C. 2672 , upon tort claims directed against the Commission where the amount of damages does not exceed $5,000. ( e ) Authority to act as “Head of the Agency” or “Agency Head” for administrative determinations required by the Federal Acquisition Regulation and Federal Management Circulars. ( f ) Authority to act as “Head of the Agency” or “Agency Head” for all administrative determinations pursuant to the Debt Collection Improvement Act of 1996, Public Laws 104-134, 110 Stat. 1321, 1358 (1996) (DCIA). [ 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; 76 FR 70907 , Nov. 16, 2011; 88 FR 21429 , Apr. 10, 2023] § 0.212 Board of Commissioners. ( a ) Whenever the Chairperson or Acting Chairperson of the Commission determines that a quorum of the Commission is not present or able to act, he/she may convene a Board of Commissioners. The Board shall be composed of all Commissioners present and able to act. ( b ) The Board of Commissioners is authorized to act upon all matters normally acted upon by the Commission en banc, except the following: ( 1 ) The final determination on the merits of any adjudicatory or investigatory hearing proceeding or of any rule making proceeding, except upon a finding by the Board that the public interest would be disserved by waiting the convening of a quorum of the Commission. ( 2 ) Petitions for reconsideration of Commission actions. ( 3 ) Applications for review of actions taken pursuant to delegated authority, except that the Board may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( c ) The Board of Commissioners is authorized to act upon all matters normally acted upon by an individual Commissioner (when he or his alternates are not present or able to act) or by a committee of Commissioners (in the absence of a quorum of the committee). ( d ) Actions taken by the Board of Commissioners shall be recorded in the same manner as actions taken by the Commission en banc. ( e ) This section has no application in circumstances in which the Commission is unable to function at its offices in Washington, D.C. See §§ 0.181-0.186 and §§ 0.381-0.387 . [ 30 FR 9314 , July 27, 1965, as amended at 86 FR 12546 , Mar. 4, 2021; 88 FR 21430 , Apr. 10, 2023] § 0.218 Authority of, and delegated to, an individual Commissioner or Commissioners. ( a ) One or more members of the Commission may be designated to preside in a hearing proceeding. The Commissioner or Commissioners designated to preside at such a hearing shall fix the time and place of the hearing and shall act upon all motions, petitions or other matters which may arise while the proceeding is in hearing status. ( b ) One or more members of the Commission may be designated to review an initial decision issued in any hearing case. ( c ) Except for actions taken during the course of a hearing and upon the record thereof, actions taken by a Commissioner or Commissioners pursuant to the provisions of this section shall be recorded in writing and filed in the official minutes of the Commission. [ 27 FR 7931 , Aug. 10, 1962] Managing Director § 0.231 Authority delegated. ( a ) The Managing Director, or his designee, upon securing concurrence of the General Counsel, is delegated authority to act upon requests for waiver, reduction or deferment of fees, establish payment dates, and issue notices proposing amendments or adjustments to the fee schedules established under part 1, subpart G, of this chapter. ( b ) The Managing Director, or his designee, is delegated authority to make nonsubstantive, editorial revisions of the Commission's rules and regulations upon approval of the bureau or staff office primarily responsible for the particular part or section involved. ( c ) [Reserved] ( d ) The Managing Director, or his designee, upon securing the concurrence of the General Counsel, is delegated authority, within the purview of the Federal Tort Claims Act, as amended, 28 U.S.C. 2672 , to grant tort claims directed against the Commission where the amount of the claim does not exceed $5,000. In addition thereto, the Managing Director, or his designee, upon securing the concurrence of the General Counsel, is delegated authority to act in the disposition of claims arising under the Military Personnel and Civilian Employees' Claims Act, as amended, 31 U.S.C. 3701 and 3721 , where the amount of the claim does not exceed $6,500. ( e ) The Managing Director is delegated authority to act as Head of the Procurement Activity and Contracting Officer for the Commission and to designate appropriate subordinate officials to act as Contracting Officers for the Commission. ( f ) ( 1 ) The Managing Director, or his designee, is delegated authority to perform all administrative determinations provided for by the Debt Collection Improvement Act of 1996, Public Laws 104-134, 110 Stat. 1321, 1358 (1996) (DCIA), including, but not limited to the provisions of Title 31, United States Code section 3711 to: ( i ) Collect claims of the United States Government for money or property arising out of the activities of, or referred to, the Federal Communications Commission, ( ii ) Compromise a claim of the Government of not more than $100,000 (excluding interest) or such higher amount as the Attorney General of the United States may from time to time prescribe, and ( iii ) Suspend or end collection action on a claim of the Government of not more than $100,000 (excluding interest) when it appears that no person liable on the claim has the present or prospective ability to pay a significant amount of the claim or the cost of collecting the claim is likely to be more than the amount recovered. ( 2 ) ( i ) This delegation does not include waiver authority provided by 31 U.S.C. 3720B . ( ii ) The Chief Financial Officer, or the Deputy Chief Financial Officer, is delegated authority to perform all administrative determinations provided for by 31 U.S.C. 3720B . ( g ) The Managing Director, after consultation with the Chairperson shall establish, renew, and terminate all Federal advisory committees. He/She shall also exercise all management responsibilities under the Federal Advisory Committee Act as amended (Pub. L. No. 92-463, 5 U.S.C. App.). ( h ) [Reserved] ( i ) The Secretary, acting under the supervision of the Managing Director, serves as the official custodian of the Commission's documents and shall have authority to appoint a deputy or deputies for the purposes of custody and certification of documents located in Gettysburg, Pennsylvania or other established locations. The Secretary is delegated authority to rule on requests for extensions of time based on operational problems associated with the Commission's electronic comment filing system. See § 1.46 of this chapter . ( j ) The Managing Director or his designee is delegated the authority, after seeking the opinion of the General Counsel, to determine, in accordance with generally accepted accounting principles for federal agencies the organizations, programs (including funds), and accounts that are required to be included in the financial statements of the Commission. ( k ) The Managing Director, or his designee, after seeking the opinion of the General Counsel, is delegated the authority to direct all organizations, programs (including funds), and accounts that are required to be included in the financial statements of the Commission to comply with all relevant and applicable federal financial management and reporting statutes. ( l ) The Managing Director is delegated authority to issue subpoenas for the Office of Managing Director's oversight of audits of the USF programs and other financial assistance programs, and the Office of Managing Director's review and evaluation of the interstate telecommunications relay services fund, the North American numbering plan, regulatory fee collection, FCC operating expenses, and debt collection. Before issuing a subpoena, the Office of Managing Director shall obtain the approval of the Office of General Counsel. Cross Reference: 47 CFR part 19, subpart E . [ 29 FR 14666 , Oct. 28, 1964] Editorial Note Editorial Note: For Federal Register citations affecting § 0.231 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . Chief Engineer § 0.241 Authority delegated. ( a ) The performance of functions and activities described in § 0.31 is delegated to the Chief of the Office of Engineering and Technology: Provided that the following matters shall be referred to the Commission en banc for disposition: ( 1 ) Notice of proposed rulemaking and of inquiry and final orders in rulemaking proceedings, inquiry proceedings and non-editorial orders making changes, except that: ( i ) The Chief of the Office of Engineering and Technology is delegated authority, together with the Chief of the Wireless Telecommunications Bureau, to adopt certain technical standards applicable to hearing aid compatibility under § 20.19 of this chapter , as specified in § 20.19(k) . ( ii ) The Chief of the Office of Engineering and Technology is delegated authority, by notice-and-comment rulemaking if required by statute or otherwise in the public interest, to issue an order amending rules in parts 2 , 5 , 15 , or 18 of this chapter that reference industry standards to specify revised versions of the standards. This delegation is limited to modifying rules to reference revisions to standards that are already in the rules and not to incorporate a new standard into the rules, and is limited to the approval of changes to the technical standards that do not raise major compliance issues. ( 2 ) Applications for review of actions taken pursuant to delegated authority, except that the Chief of the Office of Engineering and Technology may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( 3 ) Petitions and other requests for waivers of the Commission's rules, whether or not accompanied by an applications, when such petitions or requests contain new or novel arguments not previously considered by the Commission or present facts or arguments which appear to justify a change in Commission policy. ( 4 ) Petitions and other requests for declaratory rulings, when such petitions or requests contain new or novel arguments not previously considered by the Commission or preset facts or arguments which appear to justify a change in Commission policy. ( 5 ) Any other petition, pleading or request presenting new or novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines. ( 6 ) Any other complaint or enforcement matter presenting new or novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines. ( 7 ) Authority to issued a notice of opportunity for hearing pursuant to § 1.80(g) of this chapter ; and authority to issue notices of apparent liability, final forfeiture orders, and orders cancelling or reducing forfeitures imposed under § 1.80(f) of this chapter , if the amount set out in the notice of apparent liability is more than $20,000. ( 8 ) Proposed actions following any case remanded by the courts. ( b ) The Chief of the Office of Engineering and Technology is delegated authority to administer the Equipment Authorization program as described in part 2 of this chapter . ( c ) The Chief of the Office of Engineering and Technology is delegated authority to administer the Experimental Radio licensing program pursuant to part 5 of this chapter . ( d ) The Chief of the Office of Engineering and Technology is delegated authority to examine all applications for certification (approval) of subscription television technical systems as acceptable for use under a subscription television authorization as provided for in this chapter, to notify the applicant that an examination of the certified technical information and data submitted in accordance with the provisions of this chapter indicates that the system does or does not appear to be acceptable for authorization as a subscription television system. This delegation shall be exercised in consultation with the Chief, Media Bureau. ( e ) The Chief of the Office of Engineering and Technology is authorized to dismiss or deny petitions for rulemaking which are repetitive or moot or which for other reasons plainly do not warrant consideration by the Commission. ( f ) The Chief of the Office of Engineering and Technology is authorized to enter into agreements with the National Institute of Standards and Technology and other accreditation bodies to perform accreditation of test laboratories pursuant to § 2.948(e) of this chapter . In addition, the Chief is authorized to make determinations regarding the continued acceptability of individual accrediting organizations and accredited laboratories. ( g ) The Chief of the Office of Engineering and Technology is delegated authority to enter into agreements with the National Institute of Standards and Technology to perform accreditation of Telecommunication Certification Bodies (TCBs) pursuant to §§ 2.960 and 2.962 of this chapter . In addition, the Chief is delegated authority to develop specific methods that will be used to accredit TCBs, to designate TCBs, to make determinations regarding the continued acceptability of individual TCBs, and to develop procedures that TCBs will use for performing post-market surveillance. ( h ) The Chief of the Office of Engineering and Technology is delegated authority to administer the database functions for unlicensed devices operating in the television broadcast bands (TV bands) as set forth in subpart H of part 15 of this chapter . The Chief is delegated authority to develop specific methods that will be used to designate TV bands database managers, to designate these database managers; to develop procedures that these database managers will use to ensure compliance with the requirements for database operations; to make determinations regarding the continued acceptability of individual database managers; and to perform other functions as needed for the administration of the TV bands databases. The Chief is also delegated authority jointly with the Chief of the Wireless Telecommunications Bureau to administer provisions of § 15.713(h)(8) of this chapter pertaining to the registration of event sites where large numbers of wireless microphones that operate on frequencies specified in § 74.802 of this chapter are used. ( i ) The Chief of the Office of Engineering and Technology is delegated authority to make nonsubstantive, editorial revisions to the Commission's rules and regulations contained in parts 2 , 4 , 5 , 15 , and 18 of this chapter . ( j ) The Chief of the Office of Engineering and Technology is delegated authority jointly with the Chief of the Wireless Telecommunications Bureau to administer the Spectrum Access System (SAS) and SAS Administrator functions set forth in part 96 of this chapter . The Chief is delegated authority to develop specific methods that will be used to designate SAS Administrators; to designate SAS Administrators; to develop procedures that these SAS Administrators will use to ensure compliance with the requirements for SAS operation; to make determinations regarding the continued acceptability of individual SAS Administrators; and to perform other functions as needed for the administration of the SAS. The Chief is delegated the authority to perform these same functions with regard to the Environmental Sensing Capability. ( k ) The Chief of the Office of Engineering and Technology is delegated authority to administer the Automated Frequency Coordination (AFC) system and AFC system operator functions set forth in subpart E of part 15 of this chapter . The Chief is delegated authority to develop specific methods that will be used to designate AFC system operators; to designate AFC system operators; to develop procedures that these AFC system operators will use to ensure compliance with the requirements for AFC system operations; to make determinations regarding the continued acceptability of individual AFC system operators; and to perform other functions as needed for the administration of the AFC systems. ( l ) The Chief of the Office of Engineering and Technology is delegated authority, jointly with the Chief of the Wireless Telecommunications Bureau, to establish and administer a process for review of proposed technologies for point-to-endpoint-in-motion communications to aircraft and ships in the 71-76 GHz and 81-86 GHz bands to ensure compliance with the requirements adopted by the Commission. [ 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; 61 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. 21, 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 33438 , June 12, 2015; 80 FR 36217 , June 23, 2015; 85 FR 31410 , May 26, 2020; 86 FR 12546 , Mar. 4, 2021; 89 FR 33258 , Apr. 29, 2024] § 0.247 Record of actions taken. The application and authorization files and other appropriate files of the Office of Engineering and Technology are designated as the official minute entries of actions taken pursuant to §§ 0.241 and 0.243 . [ 33 FR 8228 , June 1, 1968, as amended at 44 FR 39179 , July 5, 1979; 51 FR 12615 , Apr. 14, 1986] General Counsel § 0.251 Authority delegated. ( a ) The General Counsel is delegated authority to act as the “designated agency ethics official.” ( b ) Insofar as authority is not delegated to any other Bureau or Office, and with respect only to matters which are not in hearing status, the General Counsel is delegated authority: ( 1 ) To act upon requests for extension of time within which briefs, comments or pleadings may be filed. ( 2 ) To dismiss, as repetitious, any petition for reconsideration of a Commission order which disposed of a petition for reconsideration and which did not reverse, change, or modify the original order. ( 3 ) To dismiss or deny petitions for rulemaking which are repetitive or moot or which, for other reasons, plainly do not warrant consideration by the Commission. ( 4 ) To dismiss as repetitious any petition for reconsideration of a Commission order denying an application for review which fails to rely on new facts or changed circumstances. ( c ) The General Counsel is delegated authority in adjudicatory hearing proceedings which are pending before the Commission en banc to act on all requests for relief, and to issue all appropriate orders, except those which involve final disposition on the merits of a previously specified issue concerning an applicant's basic qualifications or two or more applicants' comparative qualifications. ( d ) When an adjudicatory proceeding is before the Commission for the issuance of a final order or decision, the General Counsel will make every effort to submit a draft order or decision for Commission consideration within four months of the filing of the last responsive pleading. If the Commission is unable to adopt an order or decision in such cases within five months of the last responsive pleading, it shall issue an order indicating that additional time will be required to resolve the case. ( e ) The official record of all actions taken by the General Counsel pursuant to paragraphs (c) and (d) of this section is contained in the original docket folder, which is maintained by the Reference Information Center. ( f ) The General Counsel is delegated authority to issue written determinations on matters regarding the interception of telephone conversations. Nothing in this paragraph, however, shall affect the authority of the Inspector General to intercept or record telephone conversations as necessary in the conduct of investigations or audits. ( g ) The General Counsel is delegated authority to issue rulings on whether violations of the ex parte rules have occurred and to impose appropriate sanctions. The General Counsel shall refer to the Enforcement Bureau for disposition pursuant to § 0.311(b) any matter in which a forfeiture or a citation under 47 U.S.C. 503(b)(5) may be warranted. If the Enforcement Bureau determines that forfeiture or a citation is not warranted, the matter shall be referred back to the General Counsel for appropriate action. ( h ) The General Counsel is delegated authority to make determinations regarding and waive the applicability of section 4(b) of the Communications Act ( 47 U.S.C. § 154(b) ) and the Federal conflict of interest statutes ( 18 U.S.C. §§ 203 , 205 and 208 ). ( i ) The General Counsel is delegated authority to perform all administrative determinations provided for by the Debt Collection Improvement Act of 1996, Public Law 104-134 , 110 Stat. 1321, 1358 (1996) (DCIA), including, but not limited to the provisions of Title 31, U.S.C. 3711 to: ( 1 ) Collect claims of the United States Government of money or property arising out of the activities of, or referred to, the Federal Communications Commission, ( 2 ) Compromise a claim of the Government of not more than $100,000 (excluding interest) or such higher amount as the Attorney General of the United States may from time to time prescribe, and ( 3 ) Suspend or end collection action on a claim of the Government of not more than $100,000 (excluding interest) when it appears that no person liable on the claim has the present or prospective ability to pay a significant amount of the claim or the cost of collecting the claim is likely to be more than the amount recovered. Note to paragraph ( i ): This delegation does not include waiver authority provided by 31 U.S.C. 3720B . ( j ) The General Counsel is delegated authority to act as the Commission's Chief FOIA Officer, as specified in 5 U.S.C. 552(j) . In this role, the General Counsel is delegated authority to dismiss FOIA applications for review that are untimely, repetitious, or fail to articulate specific grounds for review. (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1088, 1089; 47 U.S.C. 152 , 153 , 154 , 155 , 301 , 303 , 307 , 308 , 309 , 315 , 317 ) [ 28 FR 12402 , Nov. 22, 1963] Editorial Note Editorial Note: For Federal Register citations affecting § 0.251 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . International Bureau Source: Sections 0.261 and 0.262 appear at 60 FR 5324 , Jan. 27, 1995, unless otherwise noted. § 0.261 Authority delegated. ( a ) Subject to the limitations set forth in paragraph (b) of this section, the Chief, Space Bureau, is hereby delegated the authority to perform the functions and activities described in § 0.51 , including without limitation the following: ( 1 ) To recommend rulemakings, studies, and analyses (legal, engineering, social, and economic) of various petitions for policy or rule changes submitted by industry or the public, and to assist the Commission in conducting the same. ( 2 ) To act upon applications for satellite systems and earth stations pursuant to part 25 of this chapter . ( 3 ) In conjunction with the Office of International Affairs, to notify the International Telecommunication Union (ITU) of the United States' terrestrial and satellite assignments for inclusion in the Master International Frequency Register. ( 4 ) To interpret and enforce rules and regulations pertaining to matters under its jurisdiction and not within the jurisdiction of the Enforcement Bureau. ( b ) Notwithstanding the authority delegated in paragraph (a) of this section, the Chief, Space Bureau, shall not have authority: ( 1 ) To act on any application, petition, pleading, complaint, enforcement matter, or other request that: ( i ) Presents new or novel arguments not previously considered by the Commission; ( ii ) Presents facts or arguments which appear to justify a change in Commission policy; or ( iii ) Cannot be resolved under outstanding precedents and guidelines after consultation with appropriate Bureaus or Offices. ( 2 ) To issue notices of proposed rulemaking, notices of inquiry, or reports or orders arising from rulemaking or inquiry proceedings; ( 3 ) To act upon any application for review of actions taken by the Chief, Space Bureau, pursuant to delegated authority, except that the Chief of the Space Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter ; ( 4 ) To act upon any formal or informal radio application which is in hearing status; ( 5 ) To designate for hearing any applications except: ( i ) Mutually exclusive applications for radio facilities filed pursuant to part 25, of this chapter; and ( ii ) Applications for facilities where the issues presented relate solely to whether the applicant has complied with outstanding precedents and guidelines; or ( 6 ) To impose, reduce, or cancel forfeitures pursuant to section 203 or section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $80,000 for common carrier providers and $20,000 for non-common carrier providers. [ 88 FR 21430 , Apr. 10, 2023] § 0.262 Record of actions taken. The application and authorization files in the appropriate central files of the Space Bureau are designated as the Commission's official records of actions by the Chief, Space Bureau, pursuant to authority delegated to the Chief. The official records of action are maintained in the Reference Information Center. [ 88 FR 21430 , Apr. 10, 2023] Office of Economics and Analytics § 0.271 Authority delegated. The Chief, Office of Economics and Analytics, is delegated authority to perform all functions and activities described in § 0.21 (and to perform the specified functions set forth in in paragraphs (f) through (i) of this section to the extent they fall within the subject matters over which the Office of Economics and Analytics has primary authority under § 0.21 ), subject to the exceptions and limitations in paragraphs (a) through (e) of this section: ( a ) The Chief, Office of Economics and Analytics, shall not have authority to act on notices of proposed rulemaking and of inquiry, final orders in rulemaking proceedings and inquiry proceedings, and reports arising from any of the foregoing except such order involving ministerial conforming amendments to rule parts and notices and orders addressing the detailed procedures for implementation of auctions of spectrum and broadcast services and uses of competitive bidding to achieve other Commission policy objectives, including universal service support. ( b ) The Chief, Office of Economics and Analytics, shall not have authority to act on any complaints, petitions, pleadings, requests, or other matters presenting new or novel questions of fact, law, or policy that cannot be resolved under existing precedents and guidelines. ( c ) The Chief, Office of Economics and Analytics, shall not have authority to act on any applications for review of actions taken by the Chief of the Office of Economics and Analytics pursuant to delegated authority, except that the Chief may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( d ) The Chief, Office of Economics and Analytics, shall not have authority to act on any applications that are in hearing status. ( e ) The Chief, Office of Economics and Analytics, shall not have authority to impose, reduce or cancel forfeitures pursuant to the Communications Act of 1934, as amended, in amounts of more than $80,000. Payments for bid withdrawal, default or to prevent unjust enrichment that are imposed pursuant to Section 309(j) of the Communications Act of 1934, as amended, and regulations in this chapter implementing Section 309(j) governing auction authority, are excluded from this restriction. ( f ) The Chief, Office of Economics and Analytics, is delegated authority to deny requests for extension of time or to extend the time within which comments may be filed. ( g ) The Chief, Office of Economics and Analytics, is authorized to dismiss or deny petitions for rulemaking that are repetitive or moot or that for other reasons plainly do not warrant consideration by the Commission. ( h ) The Chief, Office of Economics and Analytics, is authorized to dismiss or deny petitions for reconsideration to the extent permitted by § 1.429(l) of this chapter and to the extent permitted by § 1.106 of this chapter . ( i ) The Chief, Office of Economics and Analytics, is delegated authority to make nonsubstantive, editorial revisions to the Commission's rules and regulations contained in part 1, subparts Q, V, W, and AA, of this chapter. [ 85 FR 34527 , June 5, 2020, as amended at 86 FR 12547 , Mar. 4, 2021] § 0.272 Record of actions taken. The application and authorization files and other appropriate files of the Office of Economics and Analytics are designated as the Commission's official records of action of the Chief, Office of Economics and Analytics, pursuant to authority delegated to the Chief. The official records of action are maintained by the Reference Information Center. [ 88 FR 21430 , Apr. 10, 2023] § 0.273 Actions taken under delegated authority. In discharging the authority conferred by § 0.271 , the Chief, Office of Economics and Analytics, shall establish working relationships with other Bureaus and staff Offices to assure the effective coordination of actions taken in the analysis of regulatory impacts, including assessments of paperwork burdens and initial and final regulatory flexibility assessments. [ 83 FR 63076 , Dec. 7, 2018] Chief, Media Bureau § 0.283 Authority delegated. The Chief, Media Bureau, is delegated authority to perform all functions of the Bureau, described in § 0.61 , provided that the following matters shall be referred to the Commission en banc for disposition: ( a ) Notices of proposed rulemaking and of inquiry and final orders in such proceedings, with the exception of rulemaking proceedings involving the allotment of FM and television channels. ( b ) Application for review of actions taken pursuant to delegated authority, except that the Chief of the Media Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( c ) Matters that present novel questions of law, fact or policy that cannot be resolved under existing precedents and guidelines. ( d ) The imposition, reduction or cancellation of forfeitures pursuant to section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $20,000. [ 67 FR 13220 , Mar. 21, 2002, as amended at 86 FR 12547 , Mar. 4, 2021] § 0.284 Actions taken under delegated authority. ( a ) In discharging the authority conferred by § 0.283 of this part , the Chief, Media Bureau, shall establish working relationships with other bureaus and staff offices to assure the effective coordination of actions taken in the following areas of joint responsibility; ( 1 ) Complaints arising under section 315 of the Communications Act—Office of General Counsel. ( 2 ) Requests for waiver of tower painting and lighting specifications-Wireless Telecommunications Bureau. ( 3 ) Requests for use of frequencies or bands of frequencies shared with private sector nonbroadcast or government services—Office of Engineering and Technology and appropriate operating bureau. ( 4 ) Requests involving coordination with other agencies of government—Office of General Counsel, Office of Engineering and Technology and appropriate operating bureau. ( 5 ) Proposals involving possible harmful impact on radio astronomy or radio research installations—Office of Engineering and Technology. ( b ) With respect to non-routine applications granted under authority delegated in § 0.283 of this part , the Chief, Media Bureau or his designees, shall enter on the working papers associated with each application a narrative justification of the action taken. While not available for public inspection, these working papers shall, upon request, be made available to the Commissioners and members of their staffs. [ 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; 59 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. 21, 2002; 71 FR 69036 , Nov. 29, 2006] § 0.285 Record of actions taken. The history card, the station file, and other appropriate files are designated to be the official records of action taken by the Chief of the Media Bureau. The official records of action are maintained by the Reference Information Center. [ 88 FR 21430 , Apr. 10, 2023] Chief, Wireline Competition Bureau § 0.291 Authority delegated. The Chief, Wireline Competition Bureau, is hereby delegated authority to perform all functions of the Bureau, described in § 0.91 , subject to the following exceptions and limitations. ( a ) Authority concerning applications. ( 1 ) The Chief, Wireline Competition Bureau shall not have authority to act on any formal or informal common carrier applications or section 214 applications for common carrier services which are in hearing status. ( 2 ) The Chief, Wireline Competition Bureau shall not have authority to act on any applications or requests which present novel questions of fact, law or policy which cannot be resolved under outstanding precedents and guidelines. ( b ) Authority concerning section 220 of the Act. The Chief, Wireline Competition Bureau shall not have authority to promulgate regulations or orders prescribing permanent depreciation rates for common carriers, or to prescribe interim depreciation rates to be effective more than one year, pursuant to section 220 of the Communications Act of 1934, as amended. ( c ) Authority concerning forfeitures. The Chief, Wireline Competition Bureau shall not have authority to impose, reduce or cancel forfeitures pursuant to Section 203 or Section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $80,000. ( d ) Authority concerning applications for review. The Chief, Wireline Competition Bureau, shall not have authority to act upon any applications for review of actions taken by the Chief, Wireline Competition Bureau, pursuant to any delegated authority, except that the Chief of the Wireline Competition Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( e ) Authority concerning rulemaking and investigatory proceedings. The Chief, Wireline Competition Bureau, shall not have authority to issue notices of proposed rulemaking, notices of inquiry, or reports or orders arising from either of the foregoing, except that the Chief, Wireline Competition Bureau, shall have authority, in consultation and coordination with the Chief, Office of International Affairs, to issue and revise a manual on the details of the reporting requirements for international carriers referenced in § 43.61(a)(3) of this chapter . ( f ) Authority concerning the issuance of subpoenas. The Chief of the Wireline Competition Bureau or her/his designee is authorized to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the jurisdiction of the Wireline Competition Bureau. Before issuing a subpoena, the Bureau shall obtain the approval of the Office of General Counsel. ( g ) The Chief, Wireline Competition Bureau, is delegated authority to enter into agreements with the National Institute of Standards and Technology to perform accreditation of Telecommunication Certification Bodies (TCBs) pursuant to §§ 68.160 and 68.162 of this chapter . In addition, the Chief is delegated authority to develop specific methods that will be used to accredit TCBs, to designate TCBs, to make determinations regarding the continued acceptability of individual TCBs and to develop procedures that TCBs will use for performing post-market surveillance. ( h ) [Reserved] ( i ) Authority concerning schools and libraries support mechanism audits. The Chief, Wireline Competition Bureau, shall have authority to address audit findings relating to the schools and libraries support mechanism. This authority is not subject to the limitation set forth in paragraph (a)(2) of this section. (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, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1089; 47 U.S.C. 152 , 153 , 154 , 155 , 303 , 307 , 308 , 309 , 315 , 317 ) [ 44 FR 18501 , Mar. 28, 1979] Editorial Note Editorial Note: For Federal Register citations affecting § 0.291 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 0.301 [Reserved] § 0.302 Record of actions taken. The application and authorization files are designated as the Commission's official records of action of the Chief, Wireline Competition Bureau pursuant to authority delegated to the Chief. The official records of action are maintained by the Reference Information Center. [ 88 FR 21430 , Apr. 10, 2023] § 0.303 [Reserved] § 0.304 Authority for determinations of exempt telecommunications company status. Authority is delegated to the Chief, Wireline Competition Bureau to act upon any application for a determination of exempt telecommunications company status filed pursuant to section 34(a)(1) of the Public Utility Holding Company Act of 1935, as amended by section 103 of the Telecommunications Act of 1996. [ 64 FR 5950 , Feb. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002] Enforcement Bureau § 0.311 Authority delegated. The Chief, Enforcement Bureau, is delegated authority to perform all functions of the Bureau, described in § 0.111 , provided that: ( a ) The following matters shall be referred to the Commission en banc for disposition: ( 1 ) Notices of proposed rulemaking and of inquiry and final orders in such proceedings. ( 2 ) Applications for review of actions taken pursuant to delegated authority, except that the Chief of the Enforcement Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( 3 ) Matters that present novel questions of law, fact or policy that cannot be resolved under existing precedents and guidelines. ( 4 ) Forfeiture notices and forfeiture orders if the amount is more than $100,000 in the case of common carriers or more than $25,000 in the case of all other persons or entities. ( 5 ) Orders concluding an investigation under section 208(b) of the Communications Act and orders addressing petitions for reconsideration of such orders. ( 6 ) Release of information pursuant to section 220(f) of the Communications Act, except for release of such information to a state public utility commission or in response to a Freedom of Information Act Request. ( b ) Action on complaints regarding compliance with section 705(a) of the Communications Act shall be coordinated with the Office of General Counsel. [ 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] § 0.314 Additional authority delegated. The Regional Directors are delegated authority to act upon applications, requests, or other matters, which are not in hearing status, and direct the following activities necessary to conduct investigations or inspections: ( a ) On informal requests from broadcast stations to extend temporary authority for operation without monitors, plate ammeter, plate volmeter, base current meter, common point meter, and transmission line meter from FM and television stations. ( b ) To act on and make determinations on behalf of the Commission regarding requests for assignments and reassignments of priorities under the Telecommunications Service Priority System, part 64 of the rules, when circumstances require immediate action and the common carrier seeking to provide service states that it cannot contact the National Communications System or the Commission office normally responsible for such assignments. To the extent possible, all such actions and determinations shall be made in coordination with the Public Safety and Homeland Security Bureau. ( c ) Require special equipment and program tests during inspections or investigations to determine compliance with technical requirements specified by the Commission. ( d ) Require stations to operate with the pre-sunrise and nighttime facilities during daytime hours in order that an inspection or investigation may be made by an authorized Commission representative to determine operating parameters. ( e ) Issue notices and orders to operators of industrial, scientific, and medical (ISM) equipment, as provided in § 18.115 of this chapter . ( f ) Act on requests for permission to resume operation of ISM equipment on a temporary basis, as provided by § 18.115 of this chapter , and requests for extensions of time within which to file final reports, as provided by § 18.117 of this chapter . ( g ) Issue notices and orders to operators of part 15 devices, as provided in § 15.5 of this chapter . ( h ) Issue notices and orders to suspend operations to multi-channel video programming distributors, as provided in § 76.613 of this chapter . ( i ) Issue notices and orders to suspend operations to part 74 licensees, as provided in § 74.23 of this chapter . [ 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; 80 FR 53749 , Sept. 8, 2015] § 0.317 Record of action taken. The application, authorization, and other appropriate files of the Enforcement Bureau are designated as the Commission's official records of action taken pursuant to authority delegated under §§ 0.311 and 0.314 , and shall constitute the official Commission minutes entry of such actions. The official records of action are maintained by the Reference Information Center. [ 88 FR 21431 , Apr. 10, 2023] Wireless Telecommunications Bureau § 0.331 Authority delegated. Cross Reference Link to an amendment published at 89 FR 63313 , Aug. 5, 2024. The Chief, Wireless Telecommunications Bureau, is hereby delegated authority to perform all functions of the Bureau, described in § 0.131 , subject to the exceptions and limitations in paragraphs (a) through (d) of this section, and also the functions described in paragraphs (e) through (g) of this section. ( a ) Authority concerning applications. ( 1 ) The Chief, Wireless Telecommunications Bureau shall not have authority to act on any radio applications that are in hearing status. ( 2 ) The Chief, Wireless Telecommunications Bureau shall not have authority to act on any complaints, petitions or requests, whether or not accompanied by an application, when such complaints, petitions or requests present new or novel questions of law or policy which cannot be resolved under outstanding Commission precedents and guidelines. ( b ) Authority concerning forfeitures and penalties. The Chief, Wireless Telecommunications Bureau, shall not have authority to impose, reduce, or cancel forfeitures pursuant to the Communications Act of 1934, as amended, and imposed under regulations in this chapter in amounts of more than $80,000 for commercial radio providers and $20,000 for private radio providers. ( c ) Authority concerning applications for review. The Chief, Wireless Telecommunications Bureau, shall not have authority to act upon any applications for review of actions taken by the Chief of the Wireless Telecommunications Bureau pursuant to any delegated authority, except that the Chief may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115 (d) or (f) of this chapter . ( d ) Authority concerning rulemaking proceedings. The Chief, Wireless Telecommunications Bureau shall not have the authority to act upon notices of proposed rulemaking and inquiry, final orders in rulemaking proceedings and inquiry proceedings, and reports arising from any of the foregoing except such orders involving ministerial conforming amendments to rule parts, or orders conforming any of the applicable rules to formally adopted international conventions or agreements where novel questions of fact, law, or policy are not involved. Orders conforming any of the applicable rules in part 17 of this chapter to rules formally adopted by the Federal Aviation Administration also need not be referred to the Commission if they do not involve novel questions of fact, law, or policy. In addition, revisions to the airport terminal use list in § 90.35(c)(61) of this chapter and revisions to the Government Radiolocation list in § 90.371(b) of this chapter need not be referred to the Commission. Adoption of certain technical standards applicable to hearing aid compatibility under § 20.19 of this chapter made together with the Chief of the Office of Engineering and Technology, as specified in § 20.19(k) of this chapter , also need not be referred to the Commission. Also, the addition of new Marine VHF frequency coordination committee(s) to § 80.514 of this chapter need not be referred to the Commission if they do not involve novel questions of fact, policy or law, as well as requests by the United States Coast Guard to: ( 1 ) Designate radio protection areas for mandatory Vessel Traffic Services (VTS) and establish marine channels as VTS frequencies for these areas; or ( 2 ) Designate regions for shared commercial and non-commercial vessel use of VHF marine frequencies. ( 3 ) Designate by footnote to frequency table in § 80.373(f) of this chapter marine VHF frequencies are available for intership port operations communications in defined port areas. ( e ) The Chief of the Wireless Telecommunications Bureau is delegated authority jointly with the Chief of the Office of Engineering and Technology to administer provisions of § 15.713(h)(8) of this chapter pertaining to the registration of event sites where large numbers of wireless microphones that operate on frequencies specified in § 74.802 of this chapter are used. ( f ) The Chief of the Wireless Telecommunications Bureau is delegated authority jointly with the Chief of the Office of Engineering and Technology to administer the Spectrum Access System (SAS) and SAS Administrator functions set forth in part 96 of this chapter . The Chief is delegated authority to develop specific methods that will be used to designate SAS Administrators; to designate SAS Administrators; to develop procedures that these SAS Administrators will use to ensure compliance with the requirements for SAS operation; to make determinations regarding the continued acceptability of individual SAS Administrators; and to perform other functions as needed for the administration of the SAS. The Chief is delegated the authority to perform these same functions with regard to the Environmental Sensing Capability. ( g ) Authority concerning review of certain proposed technologies in the 71-76 and 81-86 GHz bands. The Chief of the Wireless Telecommunications Bureau is delegated authority, jointly with the Chief of the Office of Engineering and Technology, to establish and administer a process for review of proposed technologies for point-to-endpoint-in-motion communications to aircraft and ships in the 71-76 GHz and 81-86 GHz bands to ensure compliance with the requirements adopted by the Commission. The Chief of the Wireless Telecommunications Bureau is also delegated authority to establish and administer specific procedures to be followed for coordinating and registering aeronautical and maritime stations and their associated transmissions. [ 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; 67 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. 24, 2014; 80 FR 36218 , June 23, 2015; 85 FR 34527 , June 5, 2020; 86 FR 12547 , Mar. 4, 2021; 89 FR 33258 , Apr. 29, 2024] § 0.332 Actions taken under delegated authority. In discharging the authority conferred by § 0.331 , the Chief, Wireless Telecommunications Bureau, shall establish working relationships with other bureaus and staff offices to assure the effective coordination of actions taken in the following areas of joint responsibility: ( a ) [Reserved] ( b ) Requests for waiver of tower painting and lighting specifications—Enforcement Bureau. ( c ) Matters involving public safety, homeland security, national security, emergency management and preparedness, and disaster management communications—the Public Safety and Homeland Security Bureau. ( d ) Complaints involving equal employment opportunities—Office of General Counsel. ( e ) Requests for use of frequencies or bands of frequencies shared with broadcast, common carrier, or government services—Office of Engineering and Technology and appropriate operating bureau. ( f ) Requests involving coordination with other Federal or state agencies when appropriate—Office of General Counsel, Office of Engineering and Technology or operating bureau. ( g ) Proposals involving possible harmful impact on radio astronomy or radio research installations—Office of Engineering and Technology. [ 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 FR 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, 1995; 60 FR 35507 , July 10, 1995; 61 FR 8477 , Mar. 5, 1996; 64 FR 60722 , Nov. 8, 1999; 71 FR 69037 , Nov. 29, 2006] §§ 0.333-0.337 [Reserved] Administrative Law Judges § 0.341 Authority of Administrative Law Judges and other presiding officers. ( a ) After a presiding officer (other than the Commission) has been designated to conduct a hearing proceeding, and until he or she has issued an initial decision or certified the record to the Commission for decision, or the proceeding has been transferred to another presiding officer, all motions, petitions and other matters that may arise during the proceeding shall be acted upon by such presiding officer, except those which are to be acted upon by the Commission. See § 1.291(a)(1) of this chapter . ( b ) Any question which would be acted upon by the presiding officer if it were raised by the parties to the proceeding may be raised and acted upon by the presiding officer on his or her own motion. ( c ) Any question which would be acted upon by the presiding officer (other than the Commission) may be certified to the Commission on the presiding officer's own motion. ( d ) Except for actions taken during the course of a hearing and upon the record thereof, actions taken by a presiding officer pursuant to the provisions of this section shall be recorded in writing and filed in the official record of the proceeding. ( e ) The presiding officer may waive any rule governing the conduct of Commission hearings upon motion or upon the presiding officer's own motion for good cause, subject to the provisions of the Administrative Procedure Act and the Communications Act of 1934, as amended. ( f ) The presiding officer may issue such orders and conduct such proceedings as will best conduce to the proper dispatch of business and the ends of justice. ( g ) ( 1 ) For program carriage complaints filed pursuant to § 76.1302 of this chapter that the Chief, Media Bureau refers to a presiding officer for an initial decision, the presiding officer shall release an initial decision in compliance with one of the following deadlines: ( i ) 240 calendar days after a party informs the presiding officer that it elects not to pursue alternative dispute resolution as set forth in § 76.7(g)(2) of this chapter ; or ( ii ) If the parties have mutually elected to pursue alternative dispute resolution pursuant to § 76.7(g)(2) of this chapter , within 240 calendar days after the parties inform the presiding officer that they have failed to resolve their dispute through alternative dispute resolution. ( 2 ) The presiding officer may toll these deadlines under the following circumstances: ( i ) If the complainant and defendant jointly request that the presiding officer toll these deadlines in order to pursue settlement discussions or alternative dispute resolution or for any other reason that the complainant and defendant mutually agree justifies tolling; or ( ii ) If complying with the deadline would violate the due process rights of a party or would be inconsistent with fundamental fairness; or ( iii ) In extraordinary situations, due to a lack of adjudicatory resources available at the time. [ 85 FR 63171 , Oct. 6, 2020] § 0.347 Record of actions taken. The record of actions taken by a presiding officer, including initial and recommended decisions and actions taken pursuant to § 0.341 , is available through the Commission's Electronic Comment Filing System (ECFS). ECFS serves as the repository for records in the Commission's docketed proceedings from 1992 to the present. The public may use ECFS to retrieve all such records, as well as selected pre-1992 documents. The Office of the Secretary maintains copies of documents that include nonpublic information. [ 85 FR 63171 , Oct. 6, 2020] § 0.351 Authority delegated. ( a ) The Chief, Office of International Affairs, is hereby delegated the authority to perform the functions and activities described in § 0.19 , including without limitation the following: ( 1 ) To assume the principal representational role on behalf of the Commission in international conferences, meetings, and negotiations, and direct Commission preparation for such conferences, meetings, and negotiations with other Bureaus and Offices, as appropriate. ( 2 ) To administer Commission participation in the International Telecommunication Union (ITU) Fellowship telecommunication training program for foreign officials offered through the U.S. Telecommunications Training Institute. ( 3 ) In consultation with the affected Bureaus and Offices, to recommend revision of Commission rules and procedures as appropriate to conform to the outcomes of international conferences, agreements, or treaties. ( 4 ) To recommend rulemakings, studies, and analyses (legal, engineering, social, and economic) of various petitions for policy or rule changes submitted by industry or the public, and to assist the Commission in conducting the same. ( 5 ) To administer and enforce the policies and rules on international settlements under part 64 of this chapter . ( 6 ) To interpret and enforce rules and regulations pertaining to matters under its jurisdiction and not within the jurisdiction of the Enforcement Bureau. ( 7 ) To conduct studies and compile such data relating to international telecommunications as may be necessary for the Commission to develop and maintain an adequate regulatory program. ( 8 ) To act upon applications for international telecommunications and services pursuant to relevant portions of part 63 of this chapter , and coordinate with the Wireline Competition Bureau as appropriate. ( 9 ) To act upon applications for cable landing licenses pursuant to § 1.767 of this chapter . ( 10 ) To act upon applications relating to international broadcast station operations, or for permission to deliver programming to foreign stations, under part 73 of this chapter . ( 11 ) To administer and make available on a public website, a standardized set of national security and law enforcement questions for the categories of information set forth in part 1, subpart CC, of this chapter. ( 12 ) To act upon requests for designation of Recognized Private Operating Agency (RPOA) status under part 63 of this chapter . ( 13 ) Overseeing a team of staff from the FCC's Bureaus and Offices for the purposes of developing Commission positions related to international standard setting issues; collaborating on behalf of the FCC with other Federal agencies on international standard setting issues; and serving as the Chairperson's primary point of contact to develop goals and facilitate strategic decisions about FCC engagement in international standard setting efforts. ( 14 ) To administer portions of part 2 of this chapter dealing with international treaties and call sign provisions, and to make call sign assignments, individually and in blocks, to U.S. government agencies and FCC operating bureaus. ( 15 ) To make technical and ministerial edits to the rules adopted in the 2016 Report and Order in the review of foreign ownership policies for broadcast, common carrier, and aeronautical radio licensees to ensure that the Commission's rules continue to refer to the correct Securities and Exchange Commission rules and forms. 31 FCC Rcd 11272. ( b ) Notwithstanding the authority delegated in paragraph (a) of this section, the Chief, Office of International Affairs, shall not have authority: ( 1 ) To act on any application, petition, pleading, complaint, enforcement matter, or other request that: ( i ) Presents new or novel arguments not previously considered by the Commission; ( ii ) Presents facts or arguments which appear to justify a change in Commission policy; or ( iii ) Cannot be resolved under outstanding precedents and guidelines after consultation with appropriate Bureaus or Offices. ( 2 ) To issue notices of proposed rulemaking, notices of inquiry, or reports or orders arising from rulemaking or inquiry proceedings; ( 3 ) To act upon any application for review of actions taken by the Chief, Office of International Affairs, pursuant to delegated authority, except that the Chief of the Office of International Affairs may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter ; ( 4 ) To act upon any formal or informal radio application or section 214 application for common carrier services which is in hearing status; ( 5 ) To designate for hearing any applications except applications for facilities where the issues presented relate solely to whether the applicant has complied with outstanding precedents and guidelines; or ( 6 ) To impose, reduce, or cancel forfeitures pursuant to section 203 or section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $80,000 for common carrier providers and $20,000 for non-common carrier providers. [ 88 FR 21431 , Apr. 10, 2023] § 0.352 Record of actions taken. The application and authorization files and other appropriate files of the Office of International Affairs are designated as the Commission's official records of action of the Chief, Office of International Affairs, pursuant to authority delegated to the Chief. The official records of action are maintained in the Reference Information Center. [ 88 FR 21431 , Apr. 10, 2023] Consumer and Governmental Affairs Bureau § 0.361 Authority delegated. The Chief, Consumer and Governmental Affairs Bureau, is delegated authority to perform all functions of the Bureau, described in § 0.141 , provided that the following matters shall be referred to the Commission en banc for disposition: ( a ) Notices of proposed rulemaking and of inquiry and final orders in such proceedings. ( b ) Application for review of actions taken pursuant to delegated authority, except that the Chief of Consumer and Governmental Affairs Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( c ) Matters that present novel questions of law, fact or policy that cannot be resolved under existing precedents and guidelines. [ 64 FR 60722 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002; 86 FR 12547 , Mar. 4, 2021] Office of Communications Business Opportunities § 0.371 Authority delegated. The Director, Office of Communications Business Opportunities, or his/her designee, is hereby delegated authority to: ( a ) Manage the Commission's compliance with the Regulatory Flexibility Act and the Small Business Regulatory Enforcement Fairness Act; ( b ) Develop the Commission's goals and objectives regarding increased opportunities for small entities, women, and minorities; ( c ) Collect and analyze data on the Commission's efforts toward ensuring full consideration of the interests of small entities, women, and minorities; ( d ) Prepare and release reports on the opportunities available and obstacles faced by small entities, women, and minorities in the communications industry; ( e ) Conduct studies and collect data on the issues and problems faced by small entities, women, and minorities in the communications industry; ( f ) Assume representational role on behalf of the Commission before other federal agencies and at conferences, meetings, and hearings regarding small entities, women, and minorities in the communications industry; ( g ) Develop programs and strategies designed to increase competition, employment opportunities and diversity of viewpoint through the promotion of ownership by small entities, women, and minorities; ( h ) Manage the Commission's efforts to increase the awareness of small entities, women, and minorities and to ensure that all available information is accessible to the same. [ 69 FR 7377 , Feb. 17, 2003] National Security and Emergency Preparedness Delegations § 0.381 Defense Commissioner. The authority delegated to the Commission under Executive Orders 12472 and 12656 is redelegated to the Defense Commissioner. [ 69 FR 30234 , May 27, 2004] § 0.383 Emergency Relocation Board, authority delegated. ( a ) During any period in which the Commission is unable to function because of the circumstances set forth in § 0.186(b) , all work, business or functions of the Federal Communications Commission arising under the Communications Act of 1934, as amended, is assigned and referred to the Emergency Relocation Board. ( b ) The Board, acting by a majority thereof, shall have the power and authority to hear and determine, order, certify, report or otherwise act as to any of the said work, business or functions so assigned or referred to it, and in respect thereof shall have all the jurisdiction and powers conferred by law upon the Commission, and be subject to the same duties and obligations. ( c ) Any order, decision or report made or other action taken by the said Board in respect of any matters so assigned or referred shall have the same effect and force, and may be made, evidenced, and enforced in the same manner, as if made or taken by the Commission. [ 28 FR 12402 , Nov. 22, 1963, as amended at 33 FR 8228 , June 1, 1968; 53 FR 29055 , Aug. 2, 1988] § 0.387 Other national security and emergency preparedness delegations; cross reference. For authority of the Chief of the Public Safety and Homeland Security Bureau to declare a temporary communications emergency, see § 0.191(o) . [ 71 FR 69037 , Nov. 29, 2006] Office of Workplace Diversity § 0.391 Authority delegated. The Director, Office of Workplace Diversity, or his/her designee, is hereby delegated authority to: ( a ) Manage the Commission's internal EEO compliance program pursuant to Title VII of the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Equal Pay Act, and other applicable laws, rules, regulations, and Executive Orders, with authority that includes appointing EEO counselors, investigators, and mediators; investigating complaints of employment discrimination, and recommending to the Chairperson final agency decisions on EEO complaints; ( b ) Mediate EEO complaints; ( c ) Develop the Commission's affirmative action goals and objectives; ( d ) Collect and analyze data on the Commission's affirmative action and EEO activities and accomplishments; ( e ) Prepare and release reports on EEO, affirmative action, workplace diversity, and related subjects; ( f ) Review personnel activities, including hiring, promotions, discipline, training, awards, and performance recognition for conformance with EEO and workplace diversity goals, objectives and requirements; ( g ) Conduct studies and collect data on workplace diversity issues and problems; ( h ) Assume representational role on behalf of the Commission at conferences, meetings, and negotiations on EEO and workplace diversity issues; ( i ) Develop programs and strategies designed to foster and encourage fairness, equality, and inclusion of all employees in the workforce. [ 61 FR 2728 , Jan. 29, 1996, as amended at 88 FR 21431 , Apr. 10, 2023] Public Safety and Homeland Security Bureau § 0.392 Authority delegated. The Chief, Public Safety and Homeland Security Bureau, is hereby delegated authority to perform all functions of the Bureau, described in §§ 0.191 and 0.192 , subject to the following exceptions and limitations in paragraphs (a) through (e) of this section. ( a ) The Chief, Public Safety and Homeland Security Bureau shall not have authority to act on any applications or requests that present novel questions of fact, law or policy that cannot be resolved under outstanding precedents and guidelines. ( b ) The Public Safety and Homeland Security Bureau shall not have authority to act upon any applications for review of actions taken by the Chief, Public Safety and Homeland Security Bureau, pursuant to any delegated authority, except that the Chief of the Public Safety and Homeland Security Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( c ) The Public Safety and Homeland Security Bureau shall not have authority to act upon any formal or informal radio application or section 214 application for common carrier services which is in hearing status. ( d ) The Public Safety and Homeland Security Bureau shall not have authority to impose, reduce, or cancel forfeitures pursuant to section 203 or section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $80,000 for common carrier providers and $20,000 for non-common carrier providers. ( e ) The Chief, Public Safety and Homeland Security Bureau shall not have authority to issue notices of proposed rulemaking, notices of inquiry, or reports or orders arising from either of the foregoing except such orders involving ministerial conforming amendments to rule parts, or orders conforming any of the applicable rules to formally adopted international conventions or agreements where novel questions of fact, law, or policy are not involved. ( f ) The Chief, Public Safety and Homeland Security Bureau or her/his designee has the authority to rule on emergency requests for Special Temporary Authority during non-business hours. Action on emergency requests for Special Temporary Authority during non-business hours shall be promptly reported to the responsible Bureau or Office. ( g ) [Reserved] ( h ) The Chief, Public Safety and Homeland Security Bureau or her/his designee is authorized to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the jurisdiction of the Public Safety and Homeland Security Bureau. Before issuing a subpoena, the Bureau shall obtain the approval of the Office of General Counsel. ( i ) The Chief of the Public Safety and Homeland Security Bureau is delegated authority to administer the communications disruption reporting requirements contained in part 4 of this chapter and to revise the filing system and template used for the submission of such communications disruption reports. ( j ) The Chief of the Public Safety and Homeland Security Bureau is delegated authority to administer the communications reliability and redundancy rules and policies contained in part 9, subpart H, of this chapter, develop and revise forms and procedures as may be required for the administration of part 9, subpart H, of this chapter, review certifications filed in connection therewith, and order remedial action on a case-by-case basis to ensure the reliability of 911 service in accordance with such rules and policies. [ 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; 75 FR 78169 , Dec. 15, 2010; 79 FR 3130 , Jan. 17, 2014; 86 FR 12547 , Mar. 4, 2021] Subpart C—General Information General § 0.401 Location of Commission offices. The Commission maintains several offices and receipt locations. Applications and other filings not submitted in accordance with the addresses or locations set forth below will be returned to the applicant without processing. When an application or other filing does not involve the payment of a fee, the appropriate filing address or location is established elsewhere in the rules for the various types of submissions made to the Commission. The public should identify the correct filing location by reference to these rules. Applications or submissions requiring fees must be submitted in accordance with § 0.401(b) of the rules irrespective of the addresses that may be set out elsewhere in the rules for other submissions. ( a ) General correspondence, as well as applications and filings not requiring the fees set forth at part 1, subpart G of the rules (or not claiming an exemption, waiver or deferral from the fee requirement), should be delivered to one of the following locations. ( 1 ) The main office of the Commission is located at 45 L Street NE, Washington, DC 20554. ( i ) Documents submitted by mail to this office should be addressed to: Federal Communications Commission, Washington, DC 20554. ( ii ) All hand-carried documents should be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission and delivered to 9050 Junction Drive, Annapolis Junction, MD 20701. ( iii ) Electronic filings, where required, recommended, or permitted, must be transmitted as specified by the Commission or relevant Bureau or Office. ( 2 ) The Commission's laboratory is located near Columbia, Maryland. The mailing address is: Federal Communications Commission, Equipment Authorization Division, 7435 Oakland Mills Road, Columbia, MD 21046 ( 3 ) The Commission also maintains offices at Gettysburg, PA. ( i ) The address of the Wireless Telecommunications Bureau's licensing facilities are: ( A ) Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA 17325-7245; and ( B ) Federal Communications Commission, Wireless Telecommunications Bureau, Washington, DC 20554. ( ii ) The mailing address of the International Telecommunications Section of the Finance Branch is: Federal Communications Commission, P.O. Box IT-70, Gettysburg, PA 17326. ( 4 ) For the locations of the field offices, contact the Enforcement Bureau. ( 5 ) The location of the Office of General Counsel is 45 L Street NE, Washington, DC 20554. ( b ) Applications or filings requiring the fees set forth at part 1, subpart G of the rules must be delivered through the appropriate electronic filing system with the correct fee and completed Fee Form attached to the application or filing, unless otherwise directed by the Commission. In the case of any conflict between this rule subpart and other rules establishing filing locations for submissions subject to a fee, this subpart shall govern. Note to paragraph ( b ) introductory text: Applicants seeking a waiver or deferral of fees must submit their application or filing in accordance with the addresses set forth below. Applicants claiming a statutory exemption from the fees should file their applications in accordance with paragraph (a) of this section. ( 1 ) Applications and filings submitted by mail shall be submitted following the procedures set forth by the Commission in the appropriate fee rules. Note to paragraph ( b )(1): Wireless Telecommunications Bureau applications that require frequency coordination by certified coordinators must be submitted to the appropriate certified frequency coordinator before filing with the Commission. After coordination, the applications are filed with the Commission as set forth herein. (See §§ 90.127 and 90.175 of this chapter .) ( 2 ) Alternatively, applications and other filings may be sent electronically via the Universal Licensing System (ULS) or the Cable Operations and Licensing System (COALS) as appropriate for use of those systems. [ 52 FR 10227 , Mar. 31, 1987] Editorial Note Editorial Note: For Federal Register citations affecting § 0.401 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 0.403 Office hours. The main offices of the Commission are open from 8 a.m. to 5:30 p.m., Monday through Friday, excluding legal holidays, unless otherwise stated. [ 52 FR 10228 , Mar. 31, 1987] § 0.405 Statutory provisions. The following statutory provisions, among others, will be of interest to persons having business with the Commission: ( a ) The Federal Communications Commission was created by the Communications Act of 1934, 48 Stat. 1064, June 19, 1934, as amended, 47 U.S.C. 151-609 . ( b ) The Commission exercises authority under the Submarine Cable Landing Act, 42 Stat. 8, May 27, 1921, 47 U.S.C. 34-39 . See section 5 of Executive Order 10530, 19 FR 2709 , May 10, 1954, as amended, 3 CFR , 1965 ed., p. 463. ( c ) The Commission exercises authority under the Communications Satellite Act of 1962, 76 Stat. 419, August 31, 1962, 47 U.S.C. 701-744 . ( d ) The Commission operates under the Administrative Procedure Act, 60 Stat. 237, June 11, 1946, as amended, originally codified as 5 U.S.C. 1001-1011 . Pursuant to Pub. L. 89-554, September 6, 1966, 80 Stat. 378, the provisions of the Administrative Procedure Act now appear as follows in the Code: Administrative Procedure Act 5 U.S.C. Sec. 2-9 551-558 Sec. 10 701-706 Sec. 11 3105, 7521, 5362, 1305 Sec. 12 559 [ 32 FR 10570 , July 19, 1967] § 0.406 The rules and regulations. Persons having business with the Commission should familiarize themselves with those portions of its rules and regulations pertinent to such business. All of the rules have been published and are readily available. See §§ 0.411(b) , 0.412 , and 0.415 . For the benefit of those who are not familiar with the rules, there is set forth in this section a brief description of their format and contents. ( a ) Format. The rules are set forth in the Code of Federal Regulations as chapter I of title 47. Chapter I is divided into parts numbered from 0-99. Each part, in turn, is divided into numbered sections. To allow for the addition of new parts and sections in logical sequence, without extensive renumbering, parts and sections are not always numbered consecutively. Thus, for example, part 2 is followed by part 5, and § 1.8 is followed by § 1.10 ; in this case, parts 3 and 4 and § 1.9 have been reserved for future use. In numbering sections, the number before the period is the part number; and the number after the period locates the section within that part. Thus, for example, § 1.1 is the first section of part 1 and § 5.1 is the first section in part 5. Except in the case of accounting regulations (parts 31-35), the period should not be read as a decimal point; thus, § 1.511 is not located between §§ 1.51 and 1.52 but at a much later point in the rules. In citing the Code of Federal Regulations, the citation, 47 CFR 5.1 , for example, is to § 5.1 (in part 5) of chapter I of title 47 of the Code, and permits the exact location of that rule. No citation to other rule units (e.g., subpart or chapter) is needed. ( b ) Contents. Parts 0-19 of the rules have been reserved for provisions of a general nature. Parts 20-69 of this chapter have been reserved for provisions pertaining to common carriers. Parts 20-29 and 80-109 of this chapter have been reserved for provisions pertaining to the wireless telecommunications services. In the rules pertaining to common carriers, parts 20-25 and 80-99 of this chapter pertain to the use of radio; In the rules pertaining to common carriers, parts 21 , 23 , and 25 of this chapter pertain to the use of radio; parts 31-66 of this chapter pertain primarily to telephone and telegraph companies. Persons having business with the Commission will find it useful to consult one or more of the following parts containing provisions of a general nature in addition to the rules of the radio or wire communication service in which they are interested: ( 1 ) Part 0, Commission organization. Part 0 describes the structure and functions of the Commission, lists delegations of authority to the staff, and sets forth information designed to assist those desiring to obtain information from, or to do business with, the Commission. This part is designed, among other things, to meet certain of the requirements of the Administrative Procedure Act, as amended. ( 2 ) Part 1 of this chapter , practice and procedure. Part 1, subpart A, of this chapter contains the general rules of practice and procedure. Except as expressly provided to the contrary, these rules are applicable in all Commission proceedings and should be of interest to all persons having business with the Commission. Part 1, subpart A of this chapter also contains certain other miscellaneous provisions. Part 1, subpart B, of this chapter contains the procedures applicable in formal hearing proceedings (see § 1.201 of this chapter ). Part 1, subpart C, of this chapter contains the procedures followed in making or revising the rule or regulations. Part 1, subpart D, of this chapter contains rules applicable to applications for licenses in the Broadcast Radio Services, including the forms to be used, the filing requirements, the procedures for processing and acting upon such applications, and certain other matters. Part 1, subpart E, of this chapter contains general rules and procedures applicable to common carriers. Part 1, subpart F, of this chapter contain rules applicable to applications for licenses in the Wireless Telecommunications Bureau services, including the forms to be used, the filing requirements, the procedures for processing and acting on such applications, and certain other matters. Part 1, subpart F, of this chapter contains rules applicable to applications for licenses in the Private Radio Services, including the forms to be used, the filing requirements, the procedures for processing and acting on such applications, and certain other matters. Part 1, subpart G, of this chapter contains rules pertaining to the application processing fees established by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub. L. 99-272, 100 Stat. 82 (1986)) and also contains rules pertaining to the regulatory fees established by the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66, 107 Stat. 397 (1993)). Part 1, subpart H, of this chapter, concerning ex parte presentations, sets forth standards governing communications with commission personnel in hearing proceedings and contested application proceedings. Part 1, subparts G and H, of this chapter will be of interest to all regulatees, and part 1, subpart H, of this chapter will, in addition, be of interest to all persons involved in hearing proceedings. ( 3 ) Part 2, frequency allocations and radio treaty matters; general rules and regulations. Part 2 will be of interest to all persons interested in the use of radio. It contains definitions of technical terms used in the rules and regulations; provisions governing the allocation of radio frequencies among the numerous uses made of radio (e.g., broadcasting, land mobile) and radio services (e.g., television, public safety), including the Table of Frequency Allocations ( § 2.106 ); technical provisions dealing with emissions; provisions dealing with call signs and emergency communications; provisions governing authorization of radio equipment; and a list of treaties and other international agreements pertaining to the use of radio. ( 4 ) Part 5, experimental radio service. Part 5 provides for the temporary use of radio frequencies for research in the radio art, for communications involving other research projects, for the development of equipment, data, or techniques, and for the conduct of equipment product development or market trials. ( 5 ) Part 13, commercial radio operators. Part 13 describes the procedures to be followed in applying for a commercial operator license, including the forms to be used and the examinations given, and sets forth rules governing licensed operators. It will be of interest to applicants for such licenses, licensed operators, and the licensees of radio stations which may be operated only by persons holding a commercial radio operator license. ( 6 ) Part 15, radio frequency devices. Part 15 contains regulations designed to prevent harmful interference to radio communication from radio receivers and other devices which radiate radio frequency energy, and provides for the certification of radio receivers. It also provides for the certification of low power transmitters and for the operation of certificated transmitters without a license. ( 7 ) Part 17, construction, marking, and lighting of antenna structures. Part 17 contains criteria for determining whether applications for radio towers require notification of proposed construction to the Federal Aviation Administration, and specifications for obstruction marking and lighting of antenna structures. ( 8 ) Part 18, industrial, scientific and medical equipment. Part 18 contains regulations designed to prevent harmful interference to radio communication from ultrasonic equipment, industrial heating equipment, medical diathermy equipment, radio frequency stabilized arc welders, and other equipment which uses radio energy for purposes other than communication. ( 9 ) Part 19, employee responsibilities and conduct. Part 19 prescribes standards of conduct for the members and staff of the Commission. [ 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; 58 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. 29, 2013] § 0.408 OMB Control Numbers and expiration dates assigned pursuant to the Paperwork Reduction Act of 1995. OMB control numbers and expiration dates for the Commission information collection requirements assigned by the Office of Management and Budget (“OMB”) pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13 can be found at https://www.reginfo.gov/public/do/PRAMain . The Commission intends that this posting comply with the requirement that agencies “display” current OMB control numbers and expiration dates assigned by the Director, OMB, for each approved information collection requirement. Notwithstanding any other provisions of law, no person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a currently valid OMB control number. Questions concerning the OMB control numbers and expiration dates should be directed to the Secretary, Office of the Secretary, Office of Managing Director, Federal Communications Commission, Washington, DC 20554 by sending an email to PRA@fcc.gov . [ 88 FR 21431 , Apr. 10, 2023] § 0.409 Commission policy on private printing of FCC forms. The Commission has established a policy regarding the printing of blank FCC forms by private companies if they elect to do so as a matter of expediency and convenience to their clients or consumers. The policy is as follows: ( a ) Blank FCC forms may be reproduced by private companies at their own expense provided the following conditions are met: ( 1 ) Use a printing process resulting in a product that is at least comparable in quality to the original document, without change to the page size, image size, configuration of pages, folds or perforations, and matching as closely as possible the paper weight, paper color and ink color. ( 2 ) Delete in its entirety any and all U.S. Government Printing Office (GPO) indicia that may appear in the margin(s). ( 3 ) If the printer wishes to identify a foreign country in which the forms are printed, a marginal notation must be added stating “No U.S. Government funds were used to print this document.” ( 4 ) Do not add to the form any other symbol, word or phrase that might be construed as personalizing the form or advertising on it. ( 5 ) Except as specified above, do not delete from or add to any part of the form, or attach anything thereto. ( 6 ) Assure that the form being reproduced is an edition currently acceptable by the Commission, which will endeavor to keep the public advised of revisions to its forms, but cannot assume responsibility to the extent of eliminating any element of risk against the use of obsolete forms. ( b ) These guidelines do not apply to forms which respondents may wish to reproduce as completed facsimiles on automated equipment to satisfy application or report requirements. Requests for permission to submit such forms to the Commission should be addressed to the Office of Managing Director. [ 53 FR 27861 , July 25, 1988] Printed Publications § 0.411 General reference materials. The following reference materials are available in many libraries and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402: ( a ) Statutory materials. Laws pertaining to communications are contained in Title 47 of the United States Code. Laws enacted since the printing of the last supplement to the Code are printed individually as slip laws, and these are compiled chronologically in the United States Statutes at Large. The Acts of Congress from 1910-62 pertaining to radio have been compiled in a single volume, Radio Laws of the United States (1962 ed.). See §§ 0.405 and 0.414 . ( b ) Regulatory materials — ( 1 ) The Code of Federal Regulations. The rules and regulations of the Commission are contained in chapter I of title 47 of the Code of Federal Regulations . Chapter I is divided into the following four subchapters, which may be purchased separately: Subchapter A—General; Subchapter B—Common Carrier Services; Subchapter C—Broadcast Radio Services; and Subchapter D—Private Radio Services. Most persons will find that they need subchapter A, containing the general rules, and one of the other volumes, depending upon their area of interest. These four volumes are revised annually to reflect changes in the rules. See §§ 0.406 , 0.412 , and 0.415 . The Code of Federal Regulations is fully indexed and contains numerous finding aids. See 1 CFR appendix C. ( 2 ) The Federal Register. As rules are adopted, amended, or repealed, the changes are published in the Federal Register, which is published daily except on legal holidays. Notices of proposed rule making, other rule making documents, statements of general policy, interpretations of general applicability, and other Commission documents having general applicability and legal effect are also published in the Federal Register. Summaries of the full Notices of proposed rule making and other rule making decisions adopted by the Commission constitute rulemaking documents for purposes of Federal Register publication. The Federal Register is fully indexed and contains numerous findings aids. [ 32 FR 10571 , July 19, 1967, as amended at 44 FR 39180 , July 5, 1979; 51 FR 7444 , Mar. 4, 1986] § 0.413 The Commission's printed publications. The Commission's printed publications are described in §§ 0.414 through 0.420 . These publications may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. [ 64 FR 60722 , Nov. 8, 1999] § 0.414 The Communications Act and other statutory materials. This publication, with packets of revised pages, contains the Communications Act of 1934, with amendments through 1964; the Administrative Procedure Act, with amendments through 1964; the Judicial Review Act; the Communications Satellite Act of 1962; and selected sections of the Criminal Code pertaining to communications. It also contains indexes to the Communications Act and the Administrative Procedure Act. Persons who do not have ready access to the United States Code, or who refer frequently to these materials, may find this volume to be useful. [ 32 FR 10571 , July 19, 1967] § 0.415 The rules and regulations (looseleaf service). ( a ) In this service, the rules are divided into 10 volumes, each containing several related parts. Each volume may be purchased separately from the Superintendent of Documents. The purchase price for a volume includes a subscription to replacement pages reflecting changes in the rules contained therein until such time as the volume is revised. Each volume is revised periodically, depending primarily on the frequency with which the rules it contains have been amended. When a volume is revised, the revised volume and replacement pages therefor will be furnished to those who renew their subscriptions. ( b ) [Reserved] [ 41 FR 21449 , May 26, 1976, as amended at 45 FR 49935 , July 28, 1980; 51 FR 31304 , Sept. 2, 1986] § 0.416 The Federal Communications Commission Record. Texts adopted by the Commission or a member of its staff on delegated authority and released through the Office of Media Relations are published in the FCC Record. The FCC Record is published biweekly in pamphlet form. The pamphlets are available on a subscription basis from the Superintendent of Documents. Each biweekly pamphlet contains a table of contents and current index. A consolidated index is published on a periodic basis. [ 64 FR 60722 , Nov. 8, 1999] § 0.417 The Annual Reports. At the end of each fiscal year, the Commission publishes an Annual Report containing general information concerning the Commission and the history of regulation, a summary of developments during the year, and selected industry statistics. [ 32 FR 10571 , July 19, 1967] § 0.420 Other Commission publications. The following additional Commission publications may be purchased from the Superintendent of Documents: ( a ) Statistics of Communications Common Carriers. ( b ) Figure M-3, Estimated AM Ground Conductivity of the United States (set of two maps). ( c ) Television Network Program Procurement Report, 2d Interim Report, Part 2, by the Office of Network Study. [ 32 FR 10571 , July 19, 1967, as amended at 44 FR 39180 , July 5, 1979] Forms and Documents Available Upon Request § 0.421 Application forms. All forms for use in submitting applications for radio authorization, together with instructions and information as to filing such forms, may be obtained at http://www.fcc.gov/forms . For information concerning the forms to be used and filing requirements, see part 1 of this chapter and the appropriate substantive rules. [ 80 FR 53749 , Sept. 8, 2015] § 0.422 Current action documents and public notices. Documents adopted by the Commission, public notices and other public announcements are released through the Office of Media Relations. These documents are also available on the Commission's website at www.fcc.gov and can be obtained from the Commission's duplicating contractor. [ 64 FR 60722 , Nov. 8, 1999] § 0.423 Information bulletins. Information bulletins and fact sheets containing information about communications issues and the Federal Communications Commission are available on the Commission's web site at www.fcc.gov , ftp.fcc.gov or may be requested from the Consumer and Governmental Affairs Bureau. [ 64 FR 60722 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002] Lists Containing Information Compiled by the Commission § 0.431 The FCC service frequency lists. Lists of frequency assignments to radio stations authorized by the Commission are recapitulated periodically by means of an automated record system. All stations licensed by the Commission are included, except the following: Aircraft, amateur, personal (except General Mobile Radio Service), Civil Air Patrol, and disaster. The resulting documents, the FCC service frequency lists, consist of several volumes arranged by nature of service, in frequency order, including station locations, call signs and other technical particulars of each assignment. These documents are available for public inspection in Washington, D.C., in the Office of Engineering and Technology. Copies may be purchased from the Commission's duplicating contractor. See § 0.465(a) . [ 64 FR 60722 , Nov. 8, 1999] § 0.434 Data bases and lists of authorized broadcast stations and pending broadcast applications. The FCC makes available its data bases, Consolidated Database System (CDBS) and Licensing and Management System (LMS), containing information about authorized broadcast stations, pending applications for such stations, and rulemaking proceedings involving amendments to the TV and FM Table of Allotments. CDBS and LMS contain frequencies, station locations, and other particulars. CDBS and LMS may be viewed at the Commission's website at www.fcc.gov under Media Bureau. [ 89 FR 7243 , Feb. 1, 2024] Public Information and Inspection of Records Source: 74 FR 14078 , Mar. 30, 2009, unless otherwise noted. § 0.441 General. ( a ) Any person desiring to obtain information from the Commission may do so by contacting the Consumer and Governmental Affairs Bureau (CGB). Requests for information and general inquiries may be submitted by: ( 1 ) Internet at http://www.fcc.gov/consumer-governmental-affairs or http://www.fcc.gov/foia . ( 2 ) Telephone at 1-888-CALL-FCC (1-888-225-5322). ( 3 ) TDD/TDY at 1-888-TELL-FCC (1-888-835-5322). ( 4 ) Correspondence to: Consumer and Governmental Affairs Bureau at the FCC's main office, located at the address indicated in § 0.401(a) . ( 5 ) Visiting the Reference Information Center located at the address indicated in § 0.401(a) . ( b ) The Commission's FOIA Public Liaison is available to assist any person requesting information from the Commission in resolving any concerns related to a Freedom of Information Act request. Requesters may contact the FOIA Public Liaison to seek assistance on resolving disputes related to FOIA requests. See http://www.fcc.gov/foia/ . ( c ) The Office of Government Information Services is available to provide mediation services to help resolve disputes between FOIA requesters and Federal agencies. FOIA requesters may contact the Office of Government Information Services directly to seek its assistance. See http://ogis.archives.gov/ . ( d ) The General Counsel shall, subject to the authority of the Chairperson, exercise the responsibilities of the Chief FOIA Officer specified in 5 U.S.C. 552(j) . [ 82 FR 4188 , Jan. 13, 2017, as amended at 85 FR 64404 , Oct. 13, 2020; 88 FR 21432 , Apr. 10, 2023] § 0.442 Disclosure to other Federal government agencies of information submitted to the Commission in confidence. ( a ) The disclosure of records to other Federal government agencies is generally governed by the Paperwork Reduction Act, 44 U.S.C. 3510 , rather than the Freedom of Information Act. The acceptance of materials in confidence under § 0.457 or § 0.459 , or any other statute, rule or Commission order, does not preclude their disclosure to other federal agencies. ( b ) Information submitted to the Commission in confidence pursuant to § 0.457(c)(2) and (3) , (d) and (g) or § 0.459 , or any other statute, rule or order, may be disclosed to other agencies of the Federal government upon request or upon the Commission's own motion, provided: ( 1 ) Specific Commission assurances against such disclosure have not been given; ( 2 ) The other agency has established a legitimate need for the information; ( 3 ) Disclosure is made subject to the provisions of 44 U.S.C. 3510(b) ; and ( 4 ) Disclosure is not prohibited by the Privacy Act or other provisions of law. ( c ) The Commission's staff may give assurances against disclosure of information to other Federal agencies only with the prior written approval of the General Counsel. In no event will assurance against disclosure to other agencies be given in advance of submission of the information to the Commission if submission is required by statute or by the provisions of this chapter; but the notice provisions of paragraph (d) of this section will apply to such required submissions. ( d ) ( 1 ) Except as provided in paragraphs (d)(2) and (d)(3) of this section, a party who furnished records to the Commission with a request for confidential treatment, see § 0.459 , will be notified at the time that the request for disclosure is submitted and will be afforded ten calendar days in which to submit an opposition to disclosure. This notification may be made either individually or by public notice. ( 2 ) If the agency requesting the records provides in writing to the satisfaction of the Commission that notice to the party who furnished the records to the Commission will interfere unduly with its law enforcement, national security or homeland defense activities and further states that it will notify that party of the Commission's disclosure once the potential for such interference is eliminated, the Commission will not give notice of disclosure. ( 3 ) A party who furnished records to the Commission in confidence will not be afforded prior notice when the disclosure is made to the Comptroller General of the United States, in the Government Accountability Office. Such a party will instead be notified of disclosure of the records to the Comptroller General either individually or by public notice. ( 4 ) If disclosure is opposed and the Commission decides to make the records available to the other agency, the party who furnished the records to the Commission will be afforded ten calendar days from the date of the ruling to move for a judicial stay of the Commission's action. If the party does not move for stay within this period, the records will be disclosed. ( e ) Except as provided in paragraph (d)(3) of this section, nothing in this section is intended to govern disclosure of information to Congress or the Comptroller General. § 0.445 Publication, availability, and use of opinions, orders, policy statements, interpretations, administrative manuals, staff instructions, and frequently requested records. ( a ) Adjudicatory opinions and orders of the Commission, or its staff acting on delegated authority, are mailed or delivered by electronic means to the parties, and as part of the record, are available for inspection in accordance with § 0.453 . ( b ) Documents adopted by the Commission or a member of its staff on delegated authority and released through the Office of Media Relations are published in the FCC Record. Older materials of this nature are available in the FCC Reports. In the event that such older materials are not published in the FCC Reports, reference should be made to the Federal Register or Pike and Fischer Communications Regulation. ( c ) All rulemaking documents or summaries thereof are published in the Federal Register and are available on the Commission's Web site. The complete text of the Commission decision also is released by the Commission and is available for inspection through the Reference Information Center, via the Electronic Document Management System (EDOCS), or as otherwise specified in the rulemaking document published in the Federal Register . ( d ) Formal policy statements and interpretations designed to have general applicability are published on the Commission's Web site and in the Federal Register, the FCC Record, FCC Reports, or Pike and Fischer Communications Regulation. Commission decisions and other Commission documents not entitled formal policy statements or interpretations may contain substantive interpretations and statements regarding policy, and these are published as part of the document in the FCC Record, FCC Reports or Pike and Fischer Communications Regulation. General statements regarding policy and interpretations furnished to individuals, in correspondence or otherwise, are not ordinarily published. ( e ) Copies of all records that have been released to any person under § 0.461 and that because of the nature of their subject matter, the Commission determines have become or are likely to become the subject of subsequent requests for substantially the same records, or that have been requested three or more times, are made available in electronic format. ( f ) If the documents described in paragraphs (a) through (d) of this section are published in the Federal Register, the FCC Record, FCC Reports, or Pike and Fischer Communications Regulation, they are indexed, and they may be relied upon, used or cited as precedent by the Commission or private parties in any manner. If they are not so published, they may not be relied upon, used or cited as precedent, except against persons who have actual notice of the document in question or by such persons against the Commission. No person is expected to comply with any requirement or policy of the Commission unless he or she has actual notice of that requirement or policy or a document stating it has been published as provided in this paragraph. Nothing in this paragraph, however, shall be construed as precluding a reference to a recent document that is pending publication. ( g ) Subparts A and B of this part describe the functions of the staff and list the matters on which authority has been delegated to the staff. All general instructions to the staff and limitations upon its authority are set forth in those subparts or in decisions of the Commission published in the Federal Register. Instructions to the staff in particular matters or cases are privileged and/or protected and are not published or made available for public inspection. ( h ) To the extent required to prevent a clearly unwarranted invasion of personal privacy, or to prevent disclosure of information required or authorized to be withheld by another statute, the Commission may delete identifying details or confidential information when it makes available or publishes any document described in this section. The justification for any such deletion will be fully explained in a preamble to the document. [ 82 FR 4188 , Jan. 13, 2017, as amended at 88 FR 21432 , Apr. 10, 2023] § 0.451 Inspection of records: Generally. ( a ) Records which are routinely available for public inspection. Section 0.453 specifies those Commission records which are routinely available for public inspection and where those records may be inspected. Procedures governing requests for inspection of such records are set out in § 0.460 . ( b ) Records which are not routinely available for public inspection. Records which are not specified in § 0.453 are not routinely available for public inspection. Such records fall into three categories. ( 1 ) The first category consists of categories of records listed in § 0.457 , and of particular records withheld from public inspection under § 0.459 . The Commission has determined that there is a statutory basis for withholding these records from public inspection. In some cases, the Commission is prohibited from permitting the inspection of records. This category also includes records that are the property of another agency that the Commission has no authority to release for inspection. In still other cases, the Commission is authorized, for reason of policy, to withhold records from inspection, but is not required to do so. As applicable, procedures governing demands by competent authority for inspection of these records are set forth in § 0.463 . ( 2 ) The second category consists of records that are not specified in § 0.453 or § 0.457 and have not been withheld from inspection under § 0.459 . In some cases, these records have not been identified for listing. In other cases an individualized determination is required. Procedures governing requests for inspection of these records are set forth in § 0.461 . Procedures governing demands by competent authority for inspection of these records are set forth in § 0.463 . ( 3 ) The third category consists of material previously released consistent with the agency's rules that the agency determines is not likely to become the subject of a subsequent FOIA request or otherwise likely to be of broader public interest. ( 4 ) Except as provided in § 0.461 and § 0.463 , or pursuant to § 19.735-203 of this chapter , no officer or employee of the Commission shall permit the inspection of records which are not routinely available for public inspection under § 0.453 , or disclose information contained therein. This provision does not restrict the inspection or disclosure of records described in § 0.453(b)(3) . ( c ) Copies. Section 0.465 applies to requests for copies of Commission records which are routinely available for public inspection under § 0.453 and those which are made available for inspection under § 0.461 . Sections 0.467 and 0.465(c)(3) apply to requests for certified copies of Commission records. ( d ) Search and copying fees. Section 0.465(c)(2) prescribes the per page fee for copying records made available for inspection under § 0.460 or § 0.461 . Section 0.466 prescribes fees to cover the expense of searching for and reviewing records made available for inspection under § 0.460 or § 0.461 . Review of initial fee determinations under § 0.467 through § 0.470 and initial fee reduction or waiver determinations under § 0.470(e) may be sought under § 0.461(j) . Note to paragraph ( d ): The Commission may require advance payment pursuant to § 0.469 before releasing documents. [ 82 FR 4189 , Jan. 13, 2017] § 0.453 Public reference rooms. The Commission's main Web site at http://www.fcc.gov and its electronic reading room at http://www.fcc.gov/general/freedom-information-act-electronic-reading-room host the Commission's online public reference room. The Commission also maintains the FCC Reference Information Center at its offices in Washington, DC. ( a ) The Reference Information Center provides access to files containing the record of all docketed cases, petitions for rulemaking and related papers. A file is maintained for each docketed hearing case and for each docketed rule making proceeding. Cards summarizing the history of such cases for the years before 1984 are available for inspection. Information summarizing the history of such cases for the years from 1984 through present is available online on the Electronic Comment Filing System (ECFS). ECFS serves as the repository for official filings in the FCC's docketed proceedings from 1992 to the present. The public can use ECFS to retrieve any document in the system, including selected pre-1992 documents. ( b ) The Commission will maintain a regularly updated listing of other routinely available records in its electronic reading room at http://www.fcc.gov/general/freedom-information-act-electronic-reading-room . [ 82 FR 4189 , Jan. 13, 2017, as amended at 88 FR 21432 , Apr. 10, 2023] § 0.457 Records not routinely available for public inspection. The records listed in this section are not routinely available for public inspection pursuant to 5 U.S.C. 552(b) . The records are listed in this section by category, according to the statutory basis for withholding those records from inspection; under each category, if appropriate, the underlying policy considerations affecting the withholding and disclosure of records in that category are briefly outlined. The Commission will entertain requests from members of the public under § 0.461 for permission to inspect particular records withheld from inspection under the provisions of this section, and will weigh the policy considerations favoring non-disclosure against the reasons cited for permitting inspection in the light of the facts of the particular case. In making such requests, there may be more than one basis for withholding particular records from inspection. The Commission will permit inspection of records unless Commission staff reasonably foresees that disclosure would harm an interest protected by the exemptions described in 5 U.S.C. 552(b) or where disclosure is prohibited by law. The listing of records by category is not intended to imply the contrary but is solely for the information and assistance of persons making such requests. Requests to inspect or copy the transcripts, recordings or minutes of closed agency meetings will be considered under § 0.607 rather than under the provisions of this section. ( a ) Materials that are specifically authorized under criteria established by Executive Order (E.O.) to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive Order, 5 U.S.C. 552(b)(1) . ( 1 ) Classified materials and information will not be made available for public inspection, including materials classified under E.O. 10450, “Security Requirements for Government Employees”; E.O. 10501, as amended, “Safeguarding Official Information in the Interests of the Defense of the United States”; and E.O. 13526, “Classified National Security Information,” or any other executive order concerning the classification of records. See also 47 U.S.C. 154(j) . ( 2 ) Materials referred to another Federal agency for classification will not be disclosed while such a determination is pending. ( b ) Materials that are related solely to the internal personnel rules and practices of the Commission, 5 U.S.C. 552(b)(2) . ( c ) Materials that are specifically exempted from disclosure by statute (other than the Government in the Sunshine Act, 5 U.S.C. 552b , provided that such statute either requires that the materials be withheld from the public in such a manner as to leave no discretion on the issue, or establishes particular criteria for withholding or refers to particular types of materials to be withheld), 5 U.S.C. 552(b)(3) . The Commission is authorized under the following statutory provisions to withhold materials from public inspection. ( 1 ) Section 4(j) of the Communications Act, 47 U.S.C. 154(j) , provides, in part, that, “The Commission is authorized to withhold publication of records or proceedings containing secret information affecting the national defense.” Pursuant to that provision, it has been determined that the following materials should be withheld from public inspection ( see also paragraph (a) of this section): ( i ) Maps showing the exact location of submarine cables. ( ii ) Minutes of Commission actions on classified matters. ( iii ) Maps of nation-wide point-to-point microwave networks. ( 2 ) Under section 213 of the Communications Act, 47 U.S.C. 213(f) , the Commission is authorized to order, with the reasons therefor, that records and data pertaining to the valuation of the property of common carriers and furnished to the Commission by the carriers pursuant to the provisions of that section, shall not be available for public inspection. If such an order has been issued, the data and records will be withheld from public inspection, except under the provisions of § 0.461 . Normally, however, such data and information is available for inspection. ( 3 ) Under section 412 of the Communications Act, 47 U.S.C. 412 , the Commission may withhold from public inspection certain contracts, agreements and arrangements between common carriers relating to foreign wire or radio communication. Any person may file a petition requesting that such materials be withheld from public inspection. To support such action, the petition must show that the contract, agreement or arrangement relates to foreign wire or radio communications; that its publication would place American communication companies at a disadvantage in meeting the competition of foreign communication companies; and that the public interest would be served by keeping its terms confidential. If the Commission orders that such materials be kept confidential, they will be made available for inspection only under the provisions of § 0.461 . ( 4 ) Section 605 of the Communications Act, 47 U.S.C. 605(a) , provides, in part, that, “no person not being authorized by the sender shall intercept any communication [by wire or radio] and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communications to any person.” In executing its responsibilities, the Commission regularly monitors radio transmissions. Except as required for the enforcement of the communications laws, treaties and the provisions of this chapter, or as authorized in sec. 605, the Commission is prohibited from divulging information obtained in the course of these monitoring activities; and such information, and materials relating thereto, will not be made available for public inspection. ( 5 ) The Trade Secrets Act, 18 U.S.C. 1905 , prohibits the unauthorized disclosure of certain confidential information. See paragraph (d) of this section and § 19.735-203 of this chapter . ( d ) Trade secrets and commercial or financial information obtained from any person and privileged or confidential—categories of materials not routinely available for public inspection, 5 U.S.C. 552(b)(4) and 18 U.S.C. 1905 . ( 1 ) The materials listed in this paragraph have been accepted, or are being accepted, by the Commission on a confidential basis pursuant to 5 U.S.C. 552(b)(4) . To the extent indicated in each case, the materials are not routinely available for public inspection. If the protection afforded is sufficient, it is unnecessary for persons submitting such materials to submit therewith a request for non-disclosure pursuant to § 0.459 . A persuasive showing as to the reasons for inspection will be required in requests submitted under § 0.461 for inspection of such materials. ( i ) Financial reports submitted by radio or television licensees. ( ii ) Applications for equipment authorizations (type acceptance, type approval, certification, or advance approval of subscription television systems), and materials relating to such applications, are not routinely available for public inspection prior to the effective date of the authorization. The effective date of the authorization will, upon request, be deferred to a date no earlier than that specified by the applicant. Following the effective date of the authorization, the application and related materials (including technical specifications and test measurements) will be made available for inspection upon request ( see § 0.460 ). Portions of applications for equipment certification of scanning receivers and related materials will not be made available for inspection. ( iii ) Information submitted in connection with audits, investigations and examination of records pursuant to 47 U.S.C. 220 . ( iv ) Programming contracts between programmers and multichannel video programming distributors. ( v ) The rates, terms and conditions in any agreement between a U.S. carrier and a foreign carrier that govern the settlement of U.S.-international traffic, including the method for allocating return traffic, except as otherwise specified by the Commission by order or by the Office of International Affairs under delegated authority. See, e.g., International Settlements Policy Reform, IB Docket Nos. 11-80, 05-254, 09-10, RM-11322, Report and Order, FCC 12-145 (rel. Nov. 29, 2012). ( vi ) Outage reports filed under part 4 of this chapter . ( vii ) The following records, relating to coordination of satellite systems pursuant to procedures codified in the International Telecommunication Union (ITU) Radio Regulations: ( A ) Records of communications between the Commission and the ITU related to the international coordination process, and ( B ) Documents prepared in connection with coordination, notification, and recording of frequency assignments and Plan modifications, including but not limited to minutes of meetings, supporting exhibits, supporting correspondence, and documents and correspondence prepared in connection with operator-to-operator arrangements. ( viii ) Information submitted with a 911 reliability certification pursuant to 47 CFR 12.4 that consists of descriptions and documentation of alternative measures to mitigate the risks of nonconformance with certification elements, information detailing specific corrective actions taken with respect to certification elements, or supplemental information requested by the Commission with respect to such certification. ( ix ) Confidential Broadcaster Information, as defined in § 1.2206(d) of this chapter , submitted by a broadcast television licensee in a broadcast television spectrum reverse auction conducted under section 6403 of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ) (the “Spectrum Act”), or in the application to participate in such a reverse auction, is not routinely available for public inspection until the reassignments and reallocations under section 6403(b)(1)(B) of the Spectrum Act become effective or until two years after public notice that the reverse auction is complete and that no such reassignments and reallocations shall become effective. In the event that reassignments and reallocations under section 6403(b)(1)(B) of the Spectrum Act become effective, Confidential Broadcaster Information pertaining to any unsuccessful reverse auction bid or pertaining to any unsuccessful application to participate in such a reverse auction will not be routinely available for public inspection until two years after the effective date. ( x ) Copyrighted materials the release of which would have a substantial adverse effect on the copyright holder's potential market, except to the extent such a release can be considered fair use. ( xi ) Lists and updates of U.S.-international routes for which a carrier has an arrangement with a foreign carrier for direct termination in the foreign destination provided pursuant to § 63.22(h) of this chapter . Note to paragraph ( d )(1): The content of the communications described in paragraph (d)(1)(vii)(A) of this section is in some circumstances separately available through the ITU's publication process, or through records available in connection with the Commission's licensing procedures. ( 2 ) Unless the materials to be submitted are listed in paragraph (d)(1) of this section and the protection thereby afforded is adequate, any person who submits materials which he or she wishes withheld from public inspection under 5 U.S.C. 552(b)(4) must submit a request for non-disclosure pursuant to § 0.459 . If it is shown in the request that the materials contain trade secrets or privileged or confidential commercial, financial or technical data, the materials will not be made routinely available for inspection; and a persuasive showing as to the reasons for inspection will be required in requests for inspection submitted under § 0.461 . In the absence of a request for non-disclosure, the Commission may, in the unusual instance, determine on its own motion that the materials should not be routinely available for public inspection. ( e ) Interagency and intra-agency memoranda or letters, 5 U.S.C. 552(b)(5) . Interagency and intra-agency memoranda or letters and the work papers of members of the Commission or its staff will not be made available for public inspection, except in accordance with the procedures set forth in § 0.461 . Normally such papers are privileged and not available to private parties through the discovery process, because their disclosure would tend to restrain the commitment of ideas to writing, would tend to inhibit communication among Government personnel, and would, in some cases, involve premature disclosure of their contents. The Commission will not use this deliberative process exemption to withhold records created 25 years or more before the date on which the request was received. ( f ) Personnel, medical and other files whose disclosure would constitute a clearly unwarranted invasion of personal privacy, 5 U.S.C. 552(b)(6) . Under E.O. 12107, the Commission maintains an Official Personnel Folder for each of its employees. Such folders are under the jurisdiction and control, and are a part of the records, of the U.S. Office of Personnel Management. Except as provided in the rules of the Office of Personnel Management ( 5 CFR 293.311 ), such folders will not be made available for public inspection by the Commission. In addition, other records of the Commission containing private, personal or financial information will be withheld from public inspection. ( g ) Under 5 U.S.C. 552(b)(7) , records compiled for law enforcement purposes, to the extent that production of such records: ( 1 ) Could reasonably be expected to interfere with enforcement proceedings; ( 2 ) Would deprive a person of a right to fair trial or an impartial adjudication; ( 3 ) Could reasonably be expected to constitute an unwarranted invasion of personal privacy; ( 4 ) Could reasonably be expected to disclose the identity of a confidential source; ( 5 ) Would disclose investigative techniques or procedures or would disclose investigative guidelines if such disclosure could reasonably be expected to risk circumvention of the law; or ( 6 ) Could reasonably be expected to endanger the life or physical safety of any individual. [ 82 FR 4189 , Jan. 13, 2017, as amended at 82 FR 55331 , Nov. 21, 2017; 88 FR 21432 , Apr. 10, 2023] § 0.458 Nonpublic information. Any person regulated by or practicing before the Commission coming into possession of written nonpublic information (including written material transmitted in electronic form) as described in § 19.735-203(a) of this chapter under circumstances where it appears that its release was inadvertent or otherwise unauthorized shall be obligated to and shall promptly return the information to the Commission's Office of Inspector General without further distribution or use. See 47 CFR 19.735-203 . § 0.459 Requests that materials or information submitted to the Commission be withheld from public inspection. ( a ) ( 1 ) Procedures applicable to filings in non-electronic proceedings. Any person submitting information or materials to the Commission may submit therewith a request that such information not be made routinely available for public inspection. (If the materials are specifically listed in § 0.457 , such a request is unnecessary.) A copy of the request shall be attached to and shall cover all of the materials to which it applies and all copies of those materials. If feasible, the materials to which the request applies shall be physically separated from any materials to which the request does not apply; if this is not feasible, the portion of the materials to which the request applies shall be identified. In the latter circumstance, where confidential treatment is sought only for a portion of a document, the person submitting the document shall submit a redacted version for the public file. ( 2 ) Procedures applicable to filings in electronic proceedings. In proceedings to which the electronic filing requirements set forth in § 1.49(f) of this chapter apply, a party seeking confidential treatment of a portion of a filing must submit in electronic format either a redacted version of the document or an affidavit that it is impossible to submit a redacted document consistent with the filing requirements of this section. Where a party demonstrates that even the fact of a filing must remain confidential, and that this is consistent with the requirements of this section, this affidavit may be filed in paper format under seal. ( 3 ) Comments and other materials may not be submitted by means of the Commission's Electronic Comment Filing System (ECFS) with a request for confidential treatment under this section. ( 4 ) The Commission may use abbreviated means for indicating that the submitter of a record seeks confidential treatment, such as a checkbox enabling the submitter to indicate that the record is confidential. However, upon receipt of a request for inspection of such records pursuant to § 0.461 , the submitter will be notified of such request pursuant to § 0.461(d)(3) and will be requested to justify the confidential treatment of the record, as set forth in paragraph (b) of this section. ( b ) Except as provided in § 0.459(a)(3) , each such request shall contain a statement of the reasons for withholding the materials from inspection (see § 0.457 ) and of the facts upon which those records are based, including: ( 1 ) Identification of the specific information for which confidential treatment is sought; ( 2 ) Identification of the Commission proceeding in which the information was submitted or a description of the circumstances giving rise to the submission; ( 3 ) Explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged; ( 4 ) Explanation of the degree to which the information concerns a service that is subject to competition; ( 5 ) Explanation of how disclosure of the information could result in substantial competitive harm; ( 6 ) Identification of any measures taken by the submitting party to prevent unauthorized disclosure; ( 7 ) Identification of whether the information is available to the public and the extent of any previous disclosure of the information to third parties; ( 8 ) Justification of the period during which the submitting party asserts that material should not be available for public disclosure; and ( 9 ) Any other information that the party seeking confidential treatment believes may be useful in assessing whether its request for confidentiality should be granted. ( c ) Casual requests (including simply stamping pages “confidential”) which do not comply with the requirements of paragraphs (a) and (b) of this section will not be considered. ( d ) ( 1 ) If a response in opposition to a confidentiality request is filed, the party requesting confidentiality may file a reply within ten business days. All responses or replies filed under this paragraph must be served on all parties. ( 2 ) Requests which comply with the requirements of paragraphs (a) and (b) of this section will be acted upon by the appropriate custodian of records (see § 0.461(d)(1) ), who is directed to grant the request if it demonstrates by a preponderance of the evidence that non-disclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. 552 . If the request for confidentiality is granted, the ruling will be placed in the public file in lieu of the materials withheld from public inspection. ( 3 ) The Commission may defer acting on requests that materials or information submitted to the Commission be withheld from public inspection until a request for inspection has been made pursuant to § 0.460 or § 0.461 . The information will be accorded confidential treatment, as provided for in § 0.459(g) and § 0.461 , until the Commission acts on the confidentiality request and all subsequent appeal and stay proceedings have been exhausted. ( e ) If the materials are submitted voluntarily ( i.e. , absent any requirement by statute, regulation, or the Commission), the person submitting them may request the Commission to return the materials without consideration if the request for confidentiality should be denied. In that event, the materials will ordinarily be returned (e.g., an application will be returned if it cannot be considered on a confidential basis). Only in the unusual instance where the public interest so requires will the materials be made available for public inspection. However, no materials submitted with a request for confidentiality will be returned if a request for inspection has been filed under § 0.461 . If submission of the materials is required by the Commission and the request for confidentiality is denied, the materials will be made available for public inspection once the period for review of the denial has passed. ( f ) If no request for confidentiality is submitted, the Commission assumes no obligation to consider the need for non-disclosure but, in the unusual instance, may determine on its own motion that the materials should be withheld from public inspection. See § 0.457(d) . ( g ) If a request for confidentiality is denied, the person who submitted the request may, within ten business days, file an application for review by the Commission. If the application for review is denied, the person who submitted the request will be afforded ten business days in which to seek a judicial stay of the ruling. If these periods expire without action by the person who submitted the request, the materials will be returned to the person who submitted them or will be placed in a public file. Notice of denial and of the time for seeking review or a judicial stay will be given by telephone, with follow-up notice in writing. The first day to be counted in computing the time periods established in this paragraph is the day after the date of oral notice. Materials will be accorded confidential treatment, as provided in § 0.459(g) and § 0.461 , until the Commission acts on any timely applications for review of an order denying a request for confidentiality, and until a court acts on any timely motion for stay of such an order denying confidential treatment. ( h ) If the request for confidentiality is granted, the status of the materials is the same as that of materials listed in § 0.457 . Any person wishing to inspect them may submit a request for inspection under § 0.461 . ( i ) Third party owners of materials submitted to the Commission by another party may participate in the proceeding resolving the confidentiality of the materials. [ 74 FR 14078 , Mar. 30, 2009, as amended at 76 FR 24389 , May 2, 2011] § 0.460 Requests for inspection of records which are routinely available for public inspection. ( a ) Section 0.453 specifies those Commission records which are routinely available for public inspection and the places at which those records may be inspected. Subject to the limitations set out in this section, a person who wants to inspect such records must submit a request to the Reference Information Center. Many records also are available on the Commission's website, https://www.fcc.gov and the Commission's electronic reading room, https://www.fcc.gov/general/freedom-information-act-electronic-reading-room . Commission documents are generally published in the FCC Record, and many of these documents or summaries thereof are also published in the Federal Register . ( b ) Arrangements to review records must be made in advance, by telephone or by correspondence, by contacting the Reference Information Center. ( c ) The records in question must be reasonably described by the person requesting them to permit their location by staff personnel. The information needed to locate the records will vary, depending on the records requested. Advice concerning the kind of information needed to locate particular records will be furnished in advance upon request. Members of the public will not be given access to the area in which records are kept and will not be permitted to search the files. ( d ) If it appears that there will be an appreciable delay in locating or producing the records (as where a large number of documents is the subject of a single request or where an extended search for a document appears to be necessary), the requester may be directed to submit or confirm the request in writing. ( e ) ( 1 ) Written requests for records routinely available for public inspection under § 0.453 shall be directed to the Commission's Reference Information Center pursuant to the procedures set forth in § 0.465 . Requests shall set out all information known to the person making the request which would be helpful in identifying and locating the document, including the date range of the records sought, if applicable. Upon request by Commission staff, the requester shall provide his or her street address, phone number (if any), and email address (if any). Written requests shall, in addition, specify the maximum search fee the person making the request is prepared to pay ( see § 0.467 ). ( 2 ) Written requests shall be delivered or mailed directly to the Commission's Reference Information Center ( see § 0.465(a) ). ( f ) When a written request is received by the Reference Information Center, it will be date-stamped. ( g ) All requests limited to records listed in § 0.453 will be granted, subject to paragraph (j) of this section. ( h ) The records will be produced for inspection at the earliest possible time. ( i ) If the requester is provided access to a physical copy, records shall be inspected within 7 days after notice is given that they have been located and are available for inspection. After that period, they will be returned to storage and additional charges may be imposed for again producing them. ( j ) In addition to the other requirements of this section, the following provisions apply to the reports filed with the Commission pursuant to 5 CFR parts 2634 and 3902 . ( 1 ) Such reports shall not be obtained or used: ( i ) For any unlawful purpose; ( ii ) For any commercial purpose, other than by news and communications media for dissemination to the general public; ( iii ) For determining or establishing the credit rating of any individual; or ( iv ) For use, directly or indirectly, in the solicitation of money for any political, charitable, or other purpose. ( 2 ) Such reports may not be made available to any person nor may any copy thereof be provided to any person except upon a written application by such person stating: ( i ) That person's name, occupation and address; ( ii ) The name and address of any other person or organization on whose behalf the inspection or copying is requested; and ( iii ) That such person is aware of the prohibitions on the obtaining or use of the report. Further, any such application for inspection shall be made available to the public throughout the period during which the report itself is made available to the public. [ 88 FR 21432 , Apr. 10, 2023] § 0.461 Requests for inspection of materials not routinely available for public inspection. Any person desiring to inspect Commission records that are not specified in § 0.453 shall file a request for inspection meeting the requirements of this section. The FOIA Public Liaison is available to assist persons seeking records under this section. See § 0.441(a) . ( a ) ( 1 ) Records include: ( i ) Any information that would be an agency record subject to the requirements of the Freedom of Information Act when maintained by the Commission in any format, including an electronic format; and ( ii ) Any information maintained for the Commission by an entity under Government contract. ( 2 ) The records in question must be reasonably described by the person requesting them to permit personnel to locate them with a reasonable amount of effort. Whenever possible, a request should include specific information about each record sought, such as the title or name, author, recipient, and subject matter of the record. Requests must also specify the date or time period for the records sought. The custodian of records sought may contact the requester to obtain further information about the records sought to assist in locating them. ( 3 ) The person requesting records under this section may specify the form or format of the records to be produced provided that the records may be made readily reproducible in the requested form or format. ( b ) ( 1 ) Requests shall reasonably describe, for each document requested ( see § 0.461(a)(1) ), all information known to the person making the request that would be helpful in identifying and locating the document, including the date range of the records sought, if applicable, and the persons/offices to be searched, if known. Upon request by Commission staff, the requester shall provide his or her street address, phone number (if any), and email address (if any). ( 2 ) The request shall, in addition, specify the maximum search fee the person making the request is prepared to pay or a request for waiver or reduction of fees if the requester is eligible ( see § 0.470(e) ). By filing a FOIA request, the requester agrees to pay all applicable fees charged under § 0.467 , unless the person making the request seeks a waiver of fees ( see § 0.470(e) ), in which case the Commission will rule on the waiver request before proceeding with the search. ( c ) If the records are of the kinds listed in § 0.457 or if they have been withheld from inspection under § 0.459 , the request shall, in addition, contain a statement of the reasons for inspection and the facts in support thereof. In the case of other materials, no such statement need accompany the request, but the custodian of the records may require the submission of such a statement if he or she determines that the materials in question may lawfully be withheld from inspection. ( d ) ( 1 ) Requests shall be: ( i ) Filed electronically through the internet at https://www.foiaonline.gov/foiaonline/action/public/home ; or ( ii ) Delivered or mailed to the Managing Director at the address indicated in § 0.401(a) , Attn: FOIA Request. ( 2 ) For purposes of this section, the custodian of the records is the Chief of the Bureau or Office where the records are located. The Chief of the Bureau or Office may designate an appropriate person to act on a FOIA request. The Chief of the Bureau or Office may also designate an appropriate person to sign the response to any FOIA request. See § 0.461(m) . ( 3 ) If the request is for materials submitted to the Commission by third parties and not open to routine public inspection under § 0.457(d) , § 0.459 , or another Commission rule or order, or if a request for confidentiality is pending pursuant to § 0.459 , or if the custodian of records has reason to believe that the information may contain confidential commercial information, one copy of the request will be provided by the custodian of the records ( see paragraph (e) of this section) to the person who originally submitted the materials to the Commission. If there are many persons who originally submitted the records and are entitled to notice under this paragraph, the custodian of records may use a public notice to notify the submitters of the request for inspection. The submitter or submitters will be given ten calendar days to respond to the FOIA request. See § 0.459(d)(1) . If a submitter has any objection to disclosure, he or she is required to submit a detailed written statement specifying all grounds for withholding any portion of the information ( see § 0.459 ). This response shall be served on the party seeking to inspect the records. The requester may submit a reply within ten calendar days unless a different period is specified by the custodian of records. The reply shall be served on all parties that filed a response. In the event that a submitter fails to respond within the time specified, the submitter will be considered to have no objection to disclosure of the information. Note to paragraph ( d )(3): Under the ex parte rules, § 1.1206(a)(7) of this chapter , a proceeding involving a FOIA request is a permit-but-disclose proceeding, but is subject to the special service rules in this paragraph. We also note that while the FOIA request itself is a permit-but-disclose proceeding, a pleading in a FOIA proceeding may also constitute a presentation in another proceeding if it addresses the merits of that proceeding. ( e ) ( 1 ) When the request is received by the Managing Director, it will be assigned to the Freedom of Information Act (FOIA) Control Office, where it will be entered into the FOIAonline system. The request will be reviewed and, if it is determined that the request meets all the requirements of a proper FOIA request, will be designated as perfected. A FOIA request is then considered properly received. This will occur no later than ten calendar days after the request is first received by the agency. ( 2 ) ( i ) Except for the purpose of making a determination regarding expedited processing under paragraph (h) of this section, the time for processing a request for inspection of records will be tolled ( A ) While the custodian of records seeks reasonable clarification of the request; ( B ) Until clarification with the requester of issues regarding fee assessment occurs, including: ( 1 ) Where the amount of fees authorized is less than the estimated cost for completing the production; ( 2 ) Following the denial of a fee waiver, unless the requester had provided a written statement agreeing to pay the fees if the fee waiver was denied; ( 3 ) Where advance payment is required pursuant to § 0.469 and has not been made. ( ii ) Only one Commission request for information shall be deemed to toll the time for processing a request for inspection of records under paragraph (e)(2)(i)(A) of this section. Such request must be made no later than ten calendar days after a request is properly received by the custodian of records under paragraph (e)(1) of this section. ( 3 ) The FOIA Control Office will send an acknowledgement to the requester notifying the requester of the control number assigned to the request, the due date of the response, and the telephone contact number (202-418-0440) to be used by the requester to obtain the status of the request. Requesters may also obtain the status of an FOIA request via email at foia-public-liaison@fcc.gov or by viewing their request at http://foiaonline.regulations.gov/ . ( 4 ) Multiple FOIA requests by the same or different FOIA requesters may be consolidated for disposition. See also § 0.470(b)(2) . ( f ) Requests for inspection of records will be acted on as follows by the custodian of the records. ( 1 ) If the Commission is prohibited from disclosing the records in question, the request for inspection will be denied with a statement setting forth the specific grounds for denial. ( 2 ) ( i ) If records in the possession of the Commission are the property of another agency, the request will be referred to that agency and the person who submitted the request will be so advised, with the reasons for referral. ( ii ) If it is determined that the FOIA request seeks only records of another agency or department, the FOIA requester will be so informed by the FOIA Control Officer and will be directed to the correct agency or department. ( iii ) If the records in the possession of the Commission involve the equities of another agency, the Commission will consult with that agency prior to releasing the records. ( 3 ) If it is determined that the Commission does not have authority to withhold the records from public inspection, the request will be granted. ( 4 ) If it is determined that the Commission has authority to withhold the records from public inspection, the considerations favoring disclosure and non-disclosure will be weighed in light of the facts presented, and the Commission may, at its discretion, grant the request in full or in part, or deny the request. ( 5 ) If there is a statutory basis for withholding part of a document from inspection, to the extent that portion is reasonably segregable, that part will be deleted and the remainder will be made available for inspection. Unless doing so would harm an interest protected by an applicable exemption, records disclosed in part shall be marked or annotated, if technically feasible, to show the amount of information deleted, the location of the information deleted, and the exemption under which the deletion is made. ( 6 ) In locating and recovering records responsive to an FOIA request, only those records within the Commission's possession and control as of the date a request is perfected shall be considered. ( g ) ( 1 ) The custodian of the records will make every effort to act on the request within twenty business days after it is received and perfected by the FOIA Control Office. However, if a request for clarification has been made under paragraph (e)(2)(i)(A) of this section or an issue is outstanding regarding the payment of fees for processing the FOIA request is pending under paragraph (e)(2)(i)(B) of this section, the counting of time will start upon resolution of these requests. If it is not possible to locate the records and to determine whether they should be made available for inspection within twenty business days, the custodian may, upon timely notice to the requester, extend the time for action by up to ten business days, in any of the following circumstances: ( i ) It is necessary to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. ( ii ) It is necessary to search for, collect and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or ( iii ) It is necessary to consult with another agency having a substantial interest in the determination of the request, or among two or more components of the Commission having substantial subject matter interest therein. ( 2 ) The custodian of the records will notify the requester in writing of any extension of time exercised pursuant to paragraph (g) of this section. The custodian of the records may also call the requester to extend the time provided a subsequent written confirmation is provided. If it is not possible to locate the records and make the determination within the extended period, the person or persons who made the request will be provided an opportunity to limit the scope of the request so that it may be processed within the extended time limit, or an opportunity to arrange an alternative time frame for processing the request or a modified request, and asked to consent to an extension or further extension. If the requester agrees to an extension, the custodian of the records will confirm the agreement in a letter or email specifying the length of the agreed-upon extension. If he or she does not agree to an extension, the request will be denied, on the grounds that the custodian has not been able to locate the records and/or to make the determination within the period for a ruling mandated by the Freedom of Information Act, 5 U.S.C. 552 . In that event, the custodian will provide the requester with the records, if any, that could be located and produced within the allotted time. The requester may file an application for review by the Commission. ( 3 ) If the custodian of the records grants a request for inspection of records submitted to the Commission in confidence under § 0.457(d) , § 0.459 , or some other Commission rule or order, the custodian of the records will give the submitter written notice of the decision and of the submitter's right to seek review pursuant to paragraph (i) of this section. ( h ) ( 1 ) Requesters who seek expedited processing of FOIA requests shall submit such requests, along with their FOIA requests, to the Managing Director, as described in paragraph (d) of this section. ( 2 ) Expedited processing shall be granted to a requester demonstrating a compelling need that is certified by the requester to be true and correct to the best of his or her knowledge and belief. Simply stating that the request should be expedited is not a sufficient basis to obtain expedited processing. ( 3 ) For purposes of this section, compelling need means— ( i ) That failure to obtain requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or ( ii ) With respect to a request made by a person primarily engaged in disseminating information, there is an urgency to inform the public concerning actual or alleged Federal Government activity. ( 4 ) ( i ) Notice of the determination whether to grant expedited processing shall be provided to the requester by the custodian of records within ten calendar days after receipt of the request by the FOIA Control Office. Once the determination has been made to grant expedited processing, the custodian shall process the FOIA request as soon as practicable. ( ii ) If a request for expedited processing is denied, the person seeking expedited processing may file an application for review within five business days after the date of the written denial. The application for review shall be delivered or mailed to the General Counsel. (For general procedures relating to applications for review, see § 1.115 of this chapter .) The Commission shall act expeditiously on the application for review, and shall notify the custodian of records and the requester of the disposition of such an application for review. ( i ) ( 1 ) If a request for inspection of records submitted to the Commission in confidence under § 0.457(d) , § 0.459 , or another Commission rule or order is granted in whole or in part, an application for review may be filed by the person who submitted the records to the Commission, by a third party owner of the records or by a person with a personal privacy interest in the records, or by the person who filed the request for inspection of records within the ten business days after the date of the written ruling. The application for review shall be filed within ten business days after the date of the written ruling, shall be delivered or mailed to the General Counsel, or sent via email to FOIA-Appeal@fcc.gov , and shall be served on the person who filed the request for inspection of records and any other parties to the proceeding. The person who filed the request for inspection of records may respond to the application for review within ten business days after it is filed. ( 2 ) The first day to be counted in computing the time period for filing the application for review is the day after the date of the written ruling. An application for review is considered filed when it is received by the Commission. If an application for review is not filed within this period, the records will be produced for inspection. ( 3 ) If an application for review is denied, the person filing the application for review will be notified in writing and advised of his or her rights. A denial of an application for review is not subject to a petition for reconsideration under § 1.106 of this chapter . ( 4 ) If an application for review filed by the person who submitted, owns, or has a personal privacy interest in the records to the Commission is denied, or if the records are made available on review which were not initially made available, the person will be afforded ten business days from the date of the written ruling in which to move for a judicial stay of the Commission's action. The first day to be counted in computing the time period for seeking a judicial stay is the day after the date of the written ruling. If a motion for stay is not made within this period, the records will be produced for inspection. ( j ) Except as provided in paragraph (i) of this section, an application for review of an initial action on a request for inspection of records, a fee determination ( see § 0.467 through § 0.470 ), or a fee reduction or waiver decision ( see § 0.470(e) ) may be filed only by the person who made the request. The application shall be filed within 90 calendar days after the date of the written ruling by the custodian of records. An application for review is considered filed when it is received by the Commission. The application shall be delivered or mailed to the General Counsel, or sent via email to FOIA-Appeal@fcc.gov . If the proceeding involves records subject to confidential treatment under § 0.457 or § 0.459 , or involves a person with an interest as described in § 0.461(i) , the application for review shall be served on such persons. That person may file a response within 14 calendar days after the application for review is filed. If the records are made available for review, the person who submitted them to the Commission will be afforded 14 calendar days after the date of the written ruling to seek a judicial stay. See paragraph (i) of this section. The first day to be counted in computing the time period for filing the application for review or seeking a judicial stay is the day after the date of the written ruling. Note to paragraphs ( i ) and ( j ): The General Counsel may review applications for review with the custodian of records and attempt to informally resolve outstanding issues with the consent of the requester. For general procedures relating to applications for review, see § 1.115 of this chapter . ( k ) ( 1 ) ( i ) The Commission will make every effort to act on an application for review of an action on a request for inspection of records within twenty business days after it is filed. In the following circumstances and to the extent time has not been extended under paragraphs (g)(1)(i) , (ii) , or (iii) of this section, the Commission may extend the time for acting on the application for review up to ten business days. (The total period of extensions taken under this paragraph and under paragraph (g) of this section without the consent of the person who submitted the request shall not exceed ten business days.): ( A ) It is necessary to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; ( B ) It is necessary to search for, collect and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or ( C ) It is necessary to consult with another agency having a substantial interest in the determination of the request or among two or more components of the Commission having substantial subject matter interest therein. ( ii ) If these circumstances are not present, the person who made the request may be asked to consent to an extension or further extension. If the requester or person who made the request agrees to an extension, the General Counsel will confirm the agreement in a letter specifying the length of the agreed-upon extension. If the requestor or person who made the request does not agree to an extension, the Commission will continue to search for and/or assess the records and will advise the person who made the request of further developments; but that person may file a complaint in an appropriate United States district court. ( 2 ) The Commission may at its discretion or upon request consolidate for consideration related applications for review filed under paragraph (i) or (j) of this section. ( l ) ( 1 ) Subject to the application for review and judicial stay provisions of paragraphs (i) and (j) of this section, if the request is granted, the records will be produced for inspection at the earliest possible time. ( 2 ) If a request for inspection of records becomes the subject of an action for judicial review before the custodian of records has acted on the request, or before the Commission has acted on an application for review, the Commission may continue to consider the request for production of records. ( m ) Staff orders and letters ruling on requests for inspection are signed by the official (or officials) who give final approval of their contents. Decisions of the Commission ruling on applications for review will set forth the names of the Commissioners participating in the decision. [ 82 FR 4192 , Jan. 13, 2017, as amended at 85 FR 64405 , Oct. 13, 2020; 88 FR 21433 , Apr. 10, 2023] § 0.463 Disclosure of Commission records and information in legal proceedings in which the Commission is a non-party. ( a ) This section sets forth procedures to be followed with respect to the production or disclosure of any material within the custody and control of the Commission, any information relating to such material, or any information acquired by any person while employed by the Commission as part of the person's official duties or because of the person's official status. ( b ) In the event that a demand is made by a court or other competent authority outside the Commission for the production of records or testimony (e.g., a subpoena, order, or other demand), the General Counsel shall promptly be advised of such demand, the nature of the records or testimony sought, and all other relevant facts and circumstances. The General Counsel, in consultation with the Managing Director, will thereupon issue such instructions as he or she may deem advisable consistent with this subpart. ( c ) A party in a court or administrative legal proceeding in which the Commission is a non-party who wishes to obtain records or testimony from the Commission shall submit a written request to the General Counsel. Such request must be accompanied by a statement setting forth the nature of the proceeding (including any relevant supporting documentation, e.g., a copy of the Complaint), the relevance of the records or testimony to the proceeding (including a proffer concerning the anticipated scope and duration of the testimony), a showing that other evidence reasonably suited to the requester's needs is not available from any other source (including a request submitted pursuant to § 0.460 or § 0.461 of the Commission's rules), and any other information that may be relevant to the Commission's consideration of the request for records or testimony. The purpose of the foregoing requirements is to assist the General Counsel in making an informed decision regarding whether the production of records or the testimony should be authorized. ( d ) In deciding whether to authorize the release of records or to permit the testimony of present or former Commission personnel, the General Counsel, in consultation with the Managing Director, shall consider the following factors: ( 1 ) Whether the request or demand would involve the Commission in issues or controversies unrelated to the Commission's mission; ( 2 ) Whether the request or demand is unduly burdensome; ( 3 ) Whether the time and money of the Commission and/or the United States would be used for private purposes; ( 4 ) The extent to which the time of employees for conducting official business would be compromised; ( 5 ) Whether the public might misconstrue variances between personal opinions of employees and Commission policy; ( 6 ) Whether the request or demand demonstrates that the records or testimony sought are relevant and material to the underlying proceeding, unavailable from other sources, and whether the request is reasonable in its scope; ( 7 ) Whether, if the request or demand were granted, the number of similar requests would have a cumulative effect on the expenditure of Commission resources; ( 8 ) Whether the requestor has agreed to pay search and review fees as set forth in § 0.467 of this subpart ; ( 9 ) Whether disclosure of the records or the testimony sought would otherwise be inappropriate under the circumstances; and ( 10 ) Any other factor that is appropriate. ( e ) Among those demands and requests in response to which compliance will not ordinarily be authorized are those with respect to which any of the following factors exist: ( 1 ) Disclosure of the records or the testimony would violate a statute, Executive Order, rule, or regulation; ( 2 ) The integrity of the administrative and deliberative processes of the Commission would be compromised; ( 3 ) Disclosure of the records or the testimony would not be appropriate under the rules of procedure governing the case or matter in which the demand arose; ( 4 ) Disclosure of the records, including release in camera , or the testimony, is not appropriate or required under the relevant substantive law concerning privilege; ( 5 ) Disclosure of the records, except when in camera and necessary to assert a claim of privilege, or of the testimony, would reveal information properly classified or other matters exempt from unrestricted disclosure; or ( 6 ) Disclosure of the records or the testimony could interfere with ongoing Commission enforcement proceedings or other legal or administrative proceedings, compromise constitutional rights, reveal the identity of an intelligence source or confidential informant, or disclose trade secrets or similarly confidential commercial or financial information. ( f ) The General Counsel, following consultation with the Managing Director and any relevant Commission Bureau or Office, is authorized to approve non-privileged testimony by a present or former employee of the Commission or the production of non-privileged records in response to a valid demand issued by competent legal authority, or a request for records or testimony received under this section, and to assert governmental privileges on behalf of the Commission in litigation that may be associated with any such demand or request. ( g ) Any employee or former employee of the Commission who receives a demand for records of the Commission or testimony regarding the records or activities of the Commission shall promptly notify the General Counsel so that the General Counsel may take appropriate steps to protect the Commission's rights. (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 0.231(d) ) § 0.465 Request for copies of materials which are available, or made available, for public inspection. ( a ) The Commission may award a contract to a commercial duplication firm to make copies of Commission records and offer them for sale to the public. In addition to the charge for copying, the contractor may charge a search fee for locating and retrieving the requested documents from the Commission's files. Note to paragraph ( a ): The name, address, telephone number, and schedule of fees for the current copy contractor, if any, are published at the time of contract award of renewal in a public notice and periodically thereafter. Current information is available at http://www.fcc.gov/foia and http://www.fcc.gov/consumer-governmental-affairs . Questions regarding this information should be directed to the Reference Information Center of the Consumer and Governmental Affairs Bureau at 202-418-0270. ( b ) ( 1 ) Records routinely available for public inspection under § 0.453 are available to the public through the Commission's Reference Information Center. Section 0.461 does not apply to such records. ( 2 ) Audio or video recordings or transcripts of Commission proceedings are available to the public through the Commission's Reference Information Center. In some cases, only some of these formats may be available. ( c ) ( 1 ) Contractual arrangements which have been entered into with commercial firms, as described in this section, do not in any way limit the right of the public to inspect Commission records or to retrieve whatever information may be desired. Coin-operated and debit card copy machines are available for use by the public. ( 2 ) The Commission has reserved the right to make copies of its records for its own use or for the use of other agencies of the U.S. Government. When it serves the regulatory or financial interests of the U.S. Government, the Commission will make and furnish copies of its records free of charge. In other circumstances, however, if it should be necessary for the Commission to make and furnish copies of its records for the use of others, the fee for this service shall be ten cents ($0.10) per page or $5 per computer disk in addition to charges for staff time as provided in § 0.467 . For copies prepared with other media, such as thumb drives or other portable electronic storage, the charge will be the actual direct cost including operator time. Requests for copying should be accompanied by a statement specifying the maximum copying fee the person making the request is prepared to pay. If the Commission estimates that copying charges are likely to exceed the greater of $25 or the amount which the requester has indicated that he/she is prepared to pay, then it shall notify the requester of the estimated amount of fees. Such a notice shall offer the requester the opportunity to confer with Commission personnel with the object of revising or clarifying the request. Note to paragraph ( c )(2): The criterion considered in acting on a waiver request is whether “waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public.” 5 U.S.C. 552(a)(4)(A) . A request for a waiver or reduction of fees will be decided by the General Counsel as set forth in § 0.470(e) . ( 3 ) Certified documents. Copies of documents which are available or made available, for inspection under §§ 0.451 through 0.465 , will be prepared and certified, under seal, by the Secretary or his or her designee. Requests shall be in writing, specifying the exact documents, the number of copies desired, and the date on which they will be required. The request shall allow a reasonable time for the preparation and certification of copies. The fee for preparing copies shall be the same as that charged by the Commission as described in paragraph (c)(2) of this section. The fee for certification shall be $10 for each document. ( d ) ( 1 ) Computer maintained databases produced by the Commission and routinely available to the public ( see § 0.453 ) may be obtained from the FCC's Web site at http://www.fcc.gov or if unavailable on the Commission's Web site, from the Reference Information Center. ( 2 ) Copies of computer generated data stored as paper printouts or electronic media and available to the public may also be obtained from the Commission's Reference Information Center ( see paragraph (a) of this section). ( 3 ) Copies of computer source programs and associated documentation produced by the Commission and available to the public may be obtained from the Office of the Managing Director. ( e ) This section does not apply to records available on the Commission's Web site, http://www.fcc.gov , or printed publications which may be purchased from the Superintendent of Documents or private firms ( see §§ 0.411 through 0.420 ), nor does it apply to application forms or information bulletins, which are prepared for the use and information of the public and are available upon request ( see §§ 0.421 and 0.423 ) or on the Commission's Web site, http://www.fcc.gov/formpage.html . [ 82 FR 4195 , Jan. 13, 2017] § 0.466 Definitions. ( a ) For the purpose of §§ 0.467 and 0.468 , the following definitions shall apply: ( 1 ) The term direct costs means those expenditures which the Commission actually incurs in searching for and duplicating (and in case of commercial requesters, reviewing) documents to respond to a FOIA request. Direct costs include the salary of the employee performing the work (the basic rate of pay for the employee plus twenty percent of that rate to cover benefits), and the cost of operating duplicating machinery. Not included in direct costs are overhead expenses, such as costs of space, and heating or lighting the facility in which the records are stored. ( 2 ) The term search includes all time spent looking for material that is responsive to a request, including page-by-page or line-by-line identification of material contained within documents. Such activity should be distinguished, however, from “review” of material in order to determine whether the material is exempt from disclosure ( see paragraph (a)(3) of this section). ( 3 ) The term review refers to the process of examining documents located in response to a commercial use request (see paragraph (a)(4) of this section) to determine whether any portion of a document located is exempt from disclosure. It also includes processing any documents for disclosure, e.g., performing such functions that are necessary to excise them or otherwise prepare them for release. Review does not include time spent resolving general legal or policy issues regarding the application of FOIA exemptions. ( 4 ) The term commercial use request refers to a request from or on behalf of one who seeks information for a use or purpose that furthers the commercial interests of the requester. In determining whether a requester properly falls within this category, the Commission shall determine the use to which a requester will put the documents requested. Where the Commission has reasonable cause to question the use to which a requester will put the documents sought, or where that use is not clear from the request itself, the Commission shall seek additional clarification before assigning the request to a specific category. The dissemination of records by a representative of the news media ( see § 0.466(a)(7) ) shall not be considered to be for a commercial use. ( 5 ) The term educational institution refers to a preschool, a public or private elementary or secondary school, an institution of graduate higher education, an institution of professional education and an institution of vocational education, which operates a program or programs of scholarly research. ( 6 ) The term non-commercial scientific institution refers to an institution that is not operated on a commercial basis as that term is referenced in paragraph (a)(4) of this section, and which is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry. ( 7 ) The term representative of the news media refers to any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. In this clause, the term news means information that is about current events or that would be of current interest to the public. Examples of news-media entities are television or radio stations broadcasting to the public at large and publishers of periodicals (but only if such entities qualify as disseminators of news) who make their products available for purchase or subscription by, or free distribution to, the general public. These examples are not all-inclusive. Moreover, as methods of news delivery evolve (for example, the adoption of electronic dissemination of newspapers through telecommunications services), such alternative media shall be considered to be news-media entities. A freelance journalist shall be regarded as working for a news-media entity if the journalist can demonstrate a solid basis for expecting publication through that entity, whether or not the journalist is actually employed by the entity. A publication contract would present a solid basis for such an expectation; the Commission may also consider the past publication record of the requester in making such a determination. See 5 U.S.C. 552(a)(4)(A)(ii) . ( 8 ) The term all other requester refers to any person not within the definitions in paragraphs (a)(4) through (a)(7) of this paragraph. ( b ) [Reserved] [ 74 FR 14078 , Mar. 30, 2009, as amended at 76 FR 24389 , May 2, 2011] § 0.467 Search and review fees. ( a ) ( 1 ) Subject to the provisions of this section, an hourly fee shall be charged for recovery of the full, allowable direct costs of searching for and reviewing records requested under § 0.460 or § 0.461 , unless such fees are reduced or waived pursuant to § 0.470 . The fee is based on the pay grade level of the FCC's employee(s) who conduct(s) the search or review, or the actual hourly rate of FCC contractors or other non-FCC personnel who conduct a search. Note to paragraph ( a )(1): The fees for FCC employees will be modified periodically to correspond with modifications in the rate of pay approved by Congress and any such modifications will be announced by public notice and will be posted on the Commission's Web site, http://www.fcc.gov/foia/#feeschedule . ( 2 ) The fees specified in paragraph (a)(1) of this section are computed at Step 5 of each grade level based on the General Schedule or the hourly rate of non-FCC personnel, including in addition twenty percent for personnel benefits. Search and review fees will be assessed in 1 ⁄ 4 hour increments. ( b ) Search fees may be assessed for time spent searching, even if the Commission fails to locate responsive records or if any records located are determined to be exempt from disclosure. ( c ) The Commission shall charge only for the initial review, i.e., the review undertaken initially when the Commission analyzes the applicability of a specific exemption to a particular record. The Commission shall not charge for review at the appeal level of an exemption already applied. However, records or portions of records withheld in full under an exemption that is subsequently determined not to apply may be reviewed again to determine the applicability of other exemptions not previously considered. The costs of such a subsequent review, under these circumstances, are properly assessable. ( d ) The fee charged will not exceed an amount based on the time typically required to locate records of the kind requested. ( e ) ( 1 ) If the Commission estimates that search charges are likely to exceed the greater of $25 or the amount which the requester indicated he/she is prepared to pay, then it shall notify the requester of the estimated amount of fees. Such a notice shall offer the requester the opportunity to confer with Commission personnel with the object of revising or clarifying the request. See § 0.465(c)(2) and § 0.470(d) . ( 2 ) The time for processing a request for inspection shall be tolled while conferring with the requester about his or her willingness to pay the fees required to process the request. See § 0.461(e) . ( f ) When the search has been completed, the custodian of the records will give notice of the charges incurred to the person who made the request. ( g ) The fee shall be paid to the Financial Management Division, Office of Managing Director, or as otherwise directed by the Commission. [ 82 FR 4195 , Jan. 13, 2017] § 0.468 Interest. Interest shall be charged those requesters who fail to pay the fees charged. The agency will begin assessing interest charges on the amount billed starting on the 31st day following the day on which the billing was sent. The date on which the payment is received by the agency will determine whether and how much interest is due. The interest shall be set at the rate prescribed in 31 U.S.C. 3717 . § 0.469 Advance payments. ( a ) The Commission may not require advance payment of estimated FOIA fees except as provided in paragraph (b) or where the Commission estimates or determines that allowable charges that a requester may be required to pay are likely to exceed $250.00 and the requester has no history of payment. Where allowable charges are likely to exceed $250.00 and the requester has a history of prompt payment of FOIA fees the Commission may notify the requester of the estimated cost and obtain satisfactory assurance of full payment. Notification that fees may exceed $250.00 is not, however, a prerequisite for collecting fees above that amount. ( b ) Where a requester has previously failed to pay a fee charged in a timely fashion ( i.e. , within 30 days of the date of the billing), the Commission may require the requester to pay the full amount owed plus any applicable interest as provided in § 0.468 , and to make an advance payment of the full amount of the estimated fee before the Commission begins to process a new request or a pending request from that requester. ( c ) When the Commission acts under paragraph (a) of this section, the administrative time limits prescribed in §§ 0.461(g) and (k) ( i.e. , twenty business days from receipt of initial requests and twenty business days from receipt of appeals from initial denials, plus permissible extensions of these time limits (see § 0.461(g)(1)(i) through (iii) and § 0.461(k)(1)(i) through (iii) ) will begin only after the agency has received the fee payments described in this section. See § 0.461(e)(2)(ii) and § 0.467(e)(2) . § 0.470 Assessment of fees. ( a ) ( 1 ) Commercial use requesters. ( i ) When the Commission receives a request for documents for commercial use, it will assess charges that recover the full direct cost of searching for, reviewing and duplicating the records sought pursuant to § 0.466 and § 0.467 . ( ii ) Commercial use requesters shall not be assessed search fees if the Commission fails to comply with the time limits under § 0.461(g) , except as provided in paragraph (a)(1)(iii) of this section. ( iii ) Commercial requesters may still be assessed search fees when the Commission fails to comply with the time limits under § 0.461(g) if the Commission determines that unusual circumstances apply and more than 5,000 pages are necessary to respond to the request, so long as the Commission has provided a timely written notice to the requester and has discussed with the requester (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request. Additionally, if a court has determined that exceptional circumstances exist, a failure to comply with a time limit under § 0.461(g) will be excused for the length of time provided by the court order. ( 2 ) Educational and non-commercial scientific institution requesters and requesters who are representatives of the news media. ( i ) The Commission shall provide documents to requesters in these categories for the cost of duplication only, pursuant to § 0.465 above, excluding duplication charges for the first 100 pages, provided however, that requesters who are representatives of the news media shall be entitled to a reduced assessment of charges only when the request is for the purpose of distributing information. ( ii ) Educational requesters or requesters who are representatives of the news media shall not be assessed fees for the cost of duplication if the Commission fails to comply with the time limits under § 0.461(g) , except as provided in paragraph (a)(2)(iii) of this section. ( iii ) Educational requesters or requesters who are representatives of the news media may still be assessed duplication fees when the Commission fails to comply with the time limits under § 0.461(g) if the Commission determines that unusual circumstances apply and more than 5,000 pages are necessary to respond to the request, so long as the Commission has provided a timely written notice to the requester and has discussed with the requester (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request. Additionally, if a court has determined that exceptional circumstances exist, a failure to comply with a time limit under § 0.461(g) will be excused for the length of time provided by the court order. ( 3 ) All other requesters. ( i ) The Commission shall charge requesters who do not fit into any of the categories above fees which cover the full, reasonable direct cost of searching for and duplicating records that are responsive to the request, pursuant to § 0.465 and § 0.467 , except that the first 100 pages of duplication and the first two hours of search time shall be furnished without charge. ( ii ) All other requesters shall not be assessed search fees if the Commission fails to comply with the time limits under § 0.461(g) , except as provided in paragraph (a)(3)(iii) of this section. ( iii ) All other requesters may still be assessed search fees when the Commission fails to comply with the time limits under § 0.461(g) if the Commission determines that unusual circumstances apply and more than 5,000 pages are necessary to respond to the request, so long as the Commission has provided a timely written notice to the requester and has discussed with the requester (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request. Additionally, if a court has determined that exceptional circumstances exist, a failure to comply with a time limit under § 0.461(g) will be excused for the length of time provided by the court order. ( b ) ( 1 ) The 100 page restriction on assessment of duplication fees in paragraphs (a)(2) and (3) of this section refers to 100 paper copies of a standard size, which will normally be 8 1 ⁄ 2 ″ x 11″ or 11″ x 14″. ( 2 ) When the agency reasonably believes that a requester or group of requesters is attempting to segregate a request into a series of separate individual requests for the purpose of evading the assessment of fees, the agency will aggregate any such requests and assess charges accordingly. ( c ) When a requester believes he or she is entitled to a waiver pursuant to paragraph (e) of this section, the requester must include, in his or her original FOIA request, a statement explaining with specificity, the reasons demonstrating that he or she qualifies for a fee waiver. Included in this statement should be a certification that the information will not be used to further the commercial interests of the requester. ( d ) If the Commission reasonably believes that a commercial interest exists, based on the information provided pursuant to paragraph (c) of this section, the requester shall be so notified and given an additional ten business days to provide further information to justify receiving a reduced fee. See § 0.467(e)(2) . ( e ) ( 1 ) Copying, search and review charges shall be waived or reduced by the General Counsel when “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. 552(a)(4)(A)(iii) . Simply repeating the fee waiver language of section 552(a)(4)(A)(iii) is not a sufficient basis to obtain a fee waiver. ( 2 ) The criteria used to determine whether disclosure is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government include: ( i ) Whether the subject of the requested records concerns the operations or activities of the government; ( ii ) Whether the disclosure is likely to contribute to an understanding of government operations or activities; and ( iii ) Whether disclosure of the requested information will contribute to public understanding as opposed to the individual understanding of the requester or a narrow segment of interested persons. ( 3 ) The criteria used to determine whether disclosure is primarily in the commercial interest of the requester include: ( i ) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and, if so ( ii ) Whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requester. ( 4 ) This request for fee reduction or waiver must accompany the initial request for records and will be decided under the same procedures used for record requests. ( 5 ) If no fees or de minimis fees would result from processing a FOIA request and a fee waiver or reduction has been sought, the General Counsel will not reach a determination on the waiver or reduction request. ( f ) Whenever Commission staff determines that the total fee calculated under this section likely is less than the cost to collect and process the fee, no fee will be charged. ( g ) Review of initial fee determinations under § 0.467 through § 0.470 and initial fee reduction or waiver determinations under paragraph (e) of this section may be sought under § 0.461(j) . [ 82 FR 4196 , Jan. 13, 2017] Places for Making Submittals or Requests, for Filing Applications, and for Taking Examinations § 0.471 Miscellaneous submittals or requests. Persons desiring to make submittals or requests of a general nature should communicate with the Secretary of the Commission. [ 36 FR 15121 , Aug. 13, 1971] § 0.473 Reports of violations. Reports of violations of the Communications Act or of the Commission's rules and regulations may be submitted to the Commission in Washington or to any field office. [ 32 FR 10578 , July 19, 1967] § 0.475 Applications for employment. Persons who wish to apply for employment should communicate with the Associate Managing Director-Personnel Management. (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) ) [ 49 FR 13368 , Apr. 4, 1984] § 0.481 Place of filing applications for radio authorizations. For locations for filing applications, and appropriate fees, see §§ 1.1102 through 1.1107 of this chapter . [ 69 FR 41130 , July 7, 2004] § 0.482 Application for waiver of wireless radio service rules. All requests for waiver of the rules (see § 1.925 of this chapter ) governing the Wireless Radio Services (see § 1.907 of this chapter ) that require a fee (see § 1.1102 of this chapter ) shall be submitted via the Universal Licensing System. Waiver requests that do not require a fee should be submitted via the Universal Licensing System or to: Federal Communications Commission, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325-7245. Waiver requests attached to applications must be submitted in accordance with § 0.401(b) or § 0.401(c) of the rules. [ 63 FR 68919 , Dec. 14, 1998, as amended at 73 FR 9018 , Feb. 19, 2008; 88 FR 44736 , July 13, 2023] § 0.483 Applications for amateur or commercial radio operator licenses. ( a ) Application filing procedures for amateur radio operator licenses are set forth in part 97 of this chapter . ( b ) Application filing procedures for commercial radio operator licenses are set forth in part 13 of this chapter . [ 47 FR 53378 , Nov. 26, 1982, as amended at 78 FR 23151 , Apr. 18, 2013] § 0.484 Amateur radio operator examinations. Generally, examinations for amateur radio operation licenses shall be administered at locations and times specified by volunteer examiners. (See § 97.509 ). When the FCC conducts examinations for amateur radio operator licenses, they shall take place at locations and times designated by the FCC. [ 58 FR 13021 , Mar. 9, 1993] § 0.485 Commercial radio operator examinations. Generally, written and telegraphy examinations for commercial radio operator licenses shall be conducted at locations and times specified by commercial operator license examination managers. (See § 13.209 of this chapter ). When the FCC conducts these examinations, they shall take place at locations and times specified by the FCC. [ 58 FR 9124 , Feb. 19, 1993] § 0.489 [Reserved] § 0.491 Application for exemption from compulsory ship radio requirements. Applications for exemption filed under the provisions of sections 352(b) or 383 of the Communications Act; Regulation 4, chapter I of the Safety Convention; Regulation 5, chapter IV of the Safety Convention; or subpart T of Part 80, must be filed as a waiver request using the procedures specified in § 0.482 . Emergency requests must be filed via the Universal Licensing System or at the Federal Communications Commission, Office of the Secretary. [ 88 FR 77219 , Nov. 9, 2023] § 0.493 Non-radio common carrier applications. All such applications shall be filed at the Commission's offices in Washington, DC. [ 28 FR 12413 , Nov. 22, 1963. Redesignated at 32 FR 10578 , July 19, 1967] Subpart D—Mandatory Declassification of National Security Information Authority: Secs. 4(i), 303(r), Communications Act of 1934, as amended ( 47 U.S.C. 154(i) and 303(r) ). Source: 47 FR 53377 , Nov. 26, 1982, unless otherwise noted. § 0.501 General. Executive Order 12356 requires that information relating to national security be protected against unauthorized disclosure as long as required by national security considerations. The Order also provides that all information classified under Executive Order 12356 or predecessor orders be subject to a review for declassification upon receipt of a request made by a United States citizen or permanent resident alien, a Federal agency, or a state or local government. § 0.502 Purpose. This subpart prescribes the procedures to be followed in submitting requests, processing such requests, appeals taken from denials of declassification requests and fees and charges. § 0.503 Submission of requests for mandatory declassification review. ( a ) Requests for mandatory review of national security information shall be in writing, addressed to the Managing Director, and reasonably describe the information sought with sufficient particularity to enable Commission personnel to identify the documents containing that information and be reasonable in scope. ( b ) When the request is for information originally classified by the Commission, the Managing Director shall assign the request to the appropriate bureau or office for action. ( c ) Requests related to information, either derivatively classified by the Commission or originally classified by another agency, shall be forwarded, together with a copy of the record, to the originating agency. The transmittal may contain a recommendation for action. § 0.504 Processing requests for declassification. ( a ) Responses to mandatory declassification review requests shall be governed by the amount of search and review time required to process the request. A final determination shall be made within one year from the date of receipt of the request, except in unusual circumstances. ( b ) Upon a determination by the bureau or office that the requested material originally classified by the Commission no longer warrants protection, it shall be declassified and made available to the requester, unless withholding is otherwise authorized under law. ( c ) If the information may not be declassified or released in whole or in part, the requester shall be notified as to the reasons for the denial, given notice of the right to appeal the denial to the Classification Review Committee, and given notice that such an appeal must be filed within 60 days of the date of denial in order to be considered. ( d ) The Commission's Classification Review Committee, consisting of the Managing Director (Chairperson), the General Counsel or his/her designee, and the Chief, Internal Review and Security Division, shall have authority to act, within 30 days, upon all appeals regarding denials of requests for mandatory declassification of Commission-originated classifications. The Committee shall be authorized to overrule previous determinations in whole or in part when, in its judgment, continued classification is no longer required. If the Committee determines that continued classification is required under the criteria of the Order, the requester shall be promptly notified and advised that an application for review may be filed with the Commission pursuant to 47 CFR 1.115 . [ 47 FR 53377 , Nov. 26, 1982, as amended at 88 FR 21433 , Apr. 10, 2023] § 0.505 Fees and charges. ( a ) The Commission has designated a contractor to make copies of Commission records and offer them for sale (See § 0.465 ). ( b ) An hourly fee is charged for recovery of the direct costs of searching for requested documents (See § 0.466 ). § 0.506 FOIA and Privacy Act requests. Requests for declassification that are submitted under the provisions of the Freedom of Information Act, as amended, (See § 0.461 ), of the Privacy Act of 1974, (See § 0.554 ) shall be processed in accordance with the provisions of those Acts. Subpart E—Privacy Act Regulations Authority: Secs. 4, 303, 49 Stat. as amended, 1066, 1082 ( 47 U.S.C. 154 , 303 ). Source: 40 FR 44512 , Sept. 26, 1975, unless otherwise noted. § 0.551 Purpose and scope; definitions. ( a ) The purpose of this subpart is to implement the Privacy Act of 1974, 5 U.S.C. 552(a) , and to protect the rights of the individual in the accuracy and privacy of information concerning him which is contained in Commission records. The regulations contained herein cover any group of records under the Commission's control from which information about individuals is retrievable by the name of an individual or by some other personal identifier. ( b ) In this subpart: ( 1 ) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence; ( 2 ) Record means any item, collection or grouping of information about an individual that is maintained by the Commission, including but not limited to, such individual's education, financial transactions, medical history, and criminal or employment history, and that contains such individual's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. ( 3 ) System of Records means a group of records under the control of the Commission from which information is retrievable by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; ( 4 ) Routine Use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; ( 5 ) System Manager means the Commission official responsible for the storage, maintenance, safekeeping, and disposal of a system of records. (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) ) [ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13368 , Apr. 4, 1984] § 0.552 Notice identifying Commission systems of records. The Commission publishes in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, including for each system of records: ( a ) The name and location of the system; ( b ) The categories of individuals on whom records are maintained in the system; ( c ) The categories of records maintained in the system; ( d ) Each routine use of the records contained in the system, including the categories of users and the purposes of such use; ( e ) The policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records; ( f ) The title and business address of the system manager; ( g ) The address of the agency office to which inquiries should be addressed and the addresses of locations at which the individual may inquire whether a system contains records pertaining to himself; ( h ) The agency procedures whereby an individual can be notified how access can be gained to any record pertaining to that individual contained in a system of records, and the procedure for correcting or contesting its contents; and ( i ) The categories of sources of records in the system. (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) ) [ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13368 , Apr. 4, 1984] § 0.553 New uses of information. Before establishing a new routine use of a system of records, the Commission will publish a notice in the Federal Register of its intention to do so, and will provide at least 30 days for public comment on such use. The notice will contain: ( a ) The name of the system of records for which the new routine use is to be established; ( b ) The authority for the system; ( c ) The categories of records maintained; ( d ) The proposed routine use(s); and ( e ) The categories of recipients for each proposed routine use. § 0.554 Procedures for requests pertaining to individual records in a system of records. ( a ) Upon request, the Commission will notify individuals as to whether it maintains information about them in a system of records and, subject to the provisons of § 0.555(b) , will disclose the substance of such information to that individual. In order to properly request notification or access to record information, reference must be made to the Notice described in § 0.552 . A table of contents, which is alphabetized by bureau or office, precedes the system descriptions and allows members of the public to easily identify record systems of interest to them. An individual may inquire into information contained in any or all systems of records described in the Notice. However, each inquiry shall be limited to information from systems located within a single bureau or office and shall be addressed to that bureau or office. ( b ) Reasonable identification is required of all individuals making requests pursuant to paragraph (a) of this section in order to assure that disclosure of any information is made to the proper person. ( 1 ) Individuals who choose to register a request for information in person may verify their identity by showing any two of the following: social security card; drivers license; employee identification card; medicare card; birth certificate; bank credit card; or other positive means of identification. Documents incorporating a picture and/or signature of the individual shall be produced if possible. If an individual cannot provide suitable documentation for identification, that individual will be required to sign an identity statement stipulating that knowingly or willfully seeking or obtaining access to records about another person under false pretenses is punishable by a fine of up to $5,000. Note: An individual's refusal to disclose his social security number shall not constitute cause in and of itself, for denial of a request. ( 2 ) All requests for record information sent by mail shall be signed by the requestor and shall include his printed name, current address and telephone number (if any). Commission officials receiving such requests will attempt to verify the identity of the requestor by comparing his or her signature to those in the record. If the record contains no signatures and if positive identification cannot be made on the basis of other information submitted, the requestor will be required to sign an identity statement and stipulate that knowingly or willfully seeking or obtaining access to records about another person under false pretense is punishable by a fine of up to $5,000. ( 3 ) If positive identification cannot be made on the basis of the information submitted, and if data in the record is so sensitive that unauthorized access could cause harm or embarrassment to the individual to whom the record pertains, the Commission reserves the right to deny access to the record pending the production of additional more satisfactory evidence of identity. Note: The Commission will require verification of identity only where it has determined that knowledge of the existence of record information or its substance is not subject to the public disclosure requirements of the Freedom of Information Act, 5 U.S.C. 552 , as amended. ( c ) All requests for notification of the existence of record information or for access to such information shall be delivered to the business address of the system manager responsible for the system of records in question, except that requests relating to official personnel records shall be addressed to the Associate Managing Director—Personnel Management. Such addresses can be found in the Federal Register Notice described in § 0.552 . ( d ) A written acknowledgement of receipt of a request for notification and/or access will be provided within 10 days (excluding Saturdays, Sundays, and legal public holidays) to the individual making the request. Such an acknowledgement may, if necessary, request any additional information needed to locate a record. A search of all systems of records identified in the individual's request will be made to determine if any records pertaining to the individual are contained therein, and the individual will be notified of the search results as soon as the search has been completed. Normally, a request will be processed and the individual notified of the search results within 30 days (excluding Saturdays, Sundays, and legal holidays) from the date the inquiry is received. However, in some cases, as where records have to be recalled from Federal Record Centers, notification may be delayed. If it is determined that a record pertaining to the individual making the request does exist, the notification will state approximately when the record will be available for personal review. No separate acknowledgement is required if the request can be processed and the individual notified of the search results within the ten-day period. (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) ) [ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13368 , Apr. 4, 1984] § 0.555 Disclosure of record information to individuals. ( a ) Individuals having been notified that the Commission maintains a record pertaining to them in a system of records may request access to such record in one of three ways: by in person inspection at the system location; by transfer of the record to a nearer location; or by mail. ( 1 ) Individuals who wish to review their records at the system location must do so during regular Commission business hours (8:00 a.m.-4:30 p.m., Monday through Friday). For personal and administrative convenience, individuals are urged to arrange to review a record by appointment. Preferences as to specific dates and times can be made by writing or calling the system manager responsible for the system of records in question at least two days in advance of the desired appointment date, and by providing a telephone number where the individual can be reached during the day in case the appointment must be changed. Verification of identity is required as in § 0.554(b)(1) before access will be granted an individual appearing in person. Individuals may be accompanied by a person of his or her own choosing when reviewing a record. However, in such cases, a written statement authorizing discussion of their record in the presence of a Commission representative having physical custody of the records. ( 2 ) Individuals may request that copies of records be sent directly to them. In such cases, individuals must verify their identity as described in § 0.554(b)(2) and provide an accurate return mailing address or email address. Records shall be sent only to that address. ( b ) The disclosure of record information under this section is subject to the following limitations: ( 1 ) Records containing medical information pertaining to an individual are subject to individual access under this section unless, in the judgment of the system manager having custody of the records after consultation with a medical doctor, access to such record information could have an adverse impact on the individual. In such cases, a copy of the record will be delivered to a medical doctor named by the individual. ( 2 ) Classified material, investigative material compiled for law enforcement purposes, investigatory material compiled solely for determining suitability for Federal employment or access to classified information, and certain testing or examination material shall be removed from the records to the extent permitted in the Privacy Act of 1974, 5 U.S.C. 552(a) . Section 0.561 of this subpart sets forth the systems of records maintained by the Commission which are either totally or partially exempt from disclosure under this subparagraph. ( c ) No fee will be imposed if the number of pages of records requested is 25 or less. Requests involving more than 25 pages shall be submitted to the duplicating contractor (see § 0.456(a) ). ( d ) The provisions of this section in no way give an individual the right to access any information compiled in reasonable anticipation of a civil action or proceeding. ( e ) In the event that a determination is made denying an individual access to records pertaining to that individual for any reason, such individual may either: ( 1 ) Seek administrative review of the adverse determination. Such a request shall be in writing and should be addressed to the system manager who made the initial decision. In addition, the request for review shall state specifically why the initial decision should be reversed. ( 2 ) Seek judicial relief in the district courts of the United States pursuant to paragraph (g)(1)(B) of the Act. (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) ) [ 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] § 0.556 Request to correct or amend records. ( a ) An individual may request the amendment of information contained in their record. Except as otherwise provided in this paragraph (a) , the request to amend should be submitted in writing to the system manager responsible for the records. Requests to amend the official personnel records of active FCC employees should be submitted to the Associate Managing Director—Human Resources Management, at the address indicated in § 0.401(a) . Requests to amend official personnel records of former FCC employees should be sent to the Assistant Director for Work Force Information, Compliance and Investigations Group, Office of Personnel Management, 1900 E Street, NW., Washington, D.C. 20415. Any request to amend should contain as a minimum: ( 1 ) The identity verification information required by § 0.554(b)(2) and the information needed to locate the record as required by § 0.554(a) . ( 2 ) A brief description of the item or items of information to be amended; and ( 3 ) The reason for the requested change. ( b ) A written acknowledgement of the receipt of a request to amend a record will be provided within 10 days (excluding Saturdays, Sundays, and legal public holidays) to the individual requesting the amendment. Such an acknowledgement may, if necessary, request any additional information needed to make a determination. There will be no acknowledgement if the request can be reviewed, processed, and the individual notified of compliance or denial within the 10 day period. ( c ) The responsible system manager, or in the case of official personnel records of active FCC employees, the Associate Managing Director—Personnel Management, shall (normally within 30 days) take one of the following actions regarding a request to amend: ( 1 ) If the system manager agrees that an amendment to the record is warranted, the system manager shall: ( i ) So advise the individual in writing; ( ii ) Correct the record in compliance with the individual's request; and ( iii ) If an accounting of disclosures has been made, advise all previous recipients of the fact that the record has been corrected and of the substance of the correction. ( 2 ) If the system manager, after an initial review, does not agree that all or any portion of the record merits amendment, the system manager shall: ( i ) Notify the individual in writing of such refusal to amend and the reasons therefore; ( ii ) Advise the individual that further administrative review of the initial decision by the full Commission may be sought pursuant to the procedures set forth in § 0.557 . (In cases where the request to amend involves official personnel records, review is available exclusively from the Assistant Director for Work Force Information, Compliance and Investigations Group, Office of Personnel Management, Washington, DC 20415; and ( iii ) Inform the individual of the procedures for requesting Commission review pursuant to § 0.557 . ( d ) In reviewing a record in response to a request to amend, the system manager shall assess the accuracy, relevance, timeliness, or completeness of the record in light of each data element placed into controversy and the use of the record in making decisions that could possibly affect the individual. Moreover, the system manager shall ajudge the merits of any request to delete information based on whether or not the information in controversy is both relevant and necessary to accomplish a statutory purpose required of the Commission by law or executive order of the President. (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) ) [ 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; 85 FR 64405 , Oct. 13, 2020] § 0.557 Administrative review of an initial decision not to amend a record. ( a ) Individuals have 30 days from the date of the determination not to amend a record consistent with their request to seek further administrative review by the full Commisison. Such a request shall be in writing and should be addressed to either the system manager who made the initial adverse decision, or, in the case of official personnel records of active FCC employees, to the Assistant Director for Work Force Information, Compliance and Investigations Group, Office of Personnel Management, Washington, DC 20415. Any request for administrative review must: ( 1 ) Clearly identify the questions presented for review (e.g., whether the record information in question is, in fact, accurate; whether information subject to a request to delete is relevant and necessary to the purpose for which it is maintained); ( 2 ) Specify with particularity why the decision reached by the system manager is erroneous or inequitable; and ( 3 ) Clearly state how the record should be amended or corrected. ( b ) The Commission shall conduct an independent review of the record in controversy using the standards of review set out in § 0.556(d) . It may seek such additional information as is necessary to make its determination. Final administrative review shall be completed not later than 30 days (excluding Saturdays, Sundays and legal public holidays) from the date on which the individual requests such review unless the Chairperson determines that a fair and equitable review cannot be made within the 30-day period. In such event, the individual will be informed in writing of the reasons for the delay and the approximate date on which the review is expected to be completed. ( c ) If upon review of the record in controversy the Commission agrees with the individual that the requested amendment is warranted, the Commission will proceed in accordance with § 0.556(c)(1) (i) through (iii) . ( d ) If after the review, the Commission also refuses to amend the record as requested, it shall: ( 1 ) Notify the individual in writing of its refusal and the reasons therefore; ( 2 ) Advise the individual that a concise statement of the reasons for disagreeing with the decision of the Commisison may be filed; ( 3 ) Inform the individual: ( i ) That such a statement should be signed and addressed to the system manager having custody of the record in question; ( ii ) That the statement will be made available to any one to whom the record is subsequently disclosed together with, at the Commission's discretion, a summary of its reasons for refusing to amend the record; and ( iii ) That prior recipients of the record will be provided a copy of the statement of dispute to the extent that an accounting of such disclosures is maintained; and ( 4 ) Advise the individual that judicial review of the Commisison's decision not to amend the record in any district court of the United States is available. (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) ) [ 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] § 0.558 Advice and assistance. ( a ) Individuals who have questions regarding the procedures contained in this subpart for gaining access to a particular system of records or for contesting the contents of a record, either administratively or judicially, should contact the Privacy Analyst at Privacy@fcc.gov or at the address indicated in § 0.401(a) , Attn: Office of General Counsel. ( b ) Individuals who request clarification of the Notice described in § 0.552 or who have questions concerning the characterization of specific systems of records as set forth therein, should contact the Privacy Analyst at Privacy@fcc.gov or at the address indicated in § 0.401(a) , Attn: Office of the Managing Director. [ 88 FR 21433 , Apr. 10, 2023] § 0.559 Disclosure of disputed information to persons other than the individual to whom it pertains. If the Commission determines not to amend a record consistent with an individual's request, and if the individual files a statement of disagreement pursuant to § 0.557(d)(2) , the Commission shall clearly annotate the record so that the disputed portion becomes apparent to anyone who may subsequently have access to, use or disclose the record. A copy of the individual's statement of disagreement shall accompany any subsequent disclosure of the record. In addition, the Commission may include a brief summary of its reasons for not amending the record when disclosing the record. Such statements become part of the individual's record for granting access, but are not subject to the amendment procedures of § 0.556 . § 0.560 Penalty for false representation of identity. Any individual who knowingly and willfully requests or obtains under false pretenses any record concerning an individual from any system of records maintained by the Commission shall be guilty of a misdemeanor and subject to a fine of not more than $5,000. § 0.561 Exemptions. The following systems of records are totally or partially exempt from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (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 : ( a ) System name. Radio Operator Records—FCC/FOB-1. Parts of this system of records are exempt pursuant to Section (k)(2) of the Act because they contain investigatory material compiled solely for law enforcement purposes. ( b ) System name. Violators File (records kept on individuals who have been subjects of FCC field enforcement actions)—FCC/FOB-2. Parts of this system of records are EXEMPT because they are maintained as a protective service for individuals described in section 3056 of title 18, and because they are necessary for Commission employees to perform their duties, pursuant to sections (k) (1), (2), and (3) of the Act. ( c ) System name. Attorney Misconduct Files—FCC/OGC-2. This system of records is exempt pursuant to section 3(k)(2) of the Act because it is maintained for law enforcement purposes. ( d ) System name. Licensees or Unlicensed Persons Operating Radio Equipment Improperly—FCC. Parts of this system of records are exempt pursuant to section 3(k)(2) of the Act because they embody investigatory material compiled solely for law enforcement purposes. ( e ) System name. Personnel Investigation Records—FCC/Central-6. Parts of these systems of records are exempt because they emobdy investigatory material pursuant to sections 3(k)(2) and 3(k)(5) of the Act as applicable. ( f ) System name. Criminal Investigative Files—FCC/OIG-1. Compiled for the purpose of criminal investigations. This system of records is exempt pursuant to section (j)(2) of the Act because the records contain investigatory material compiled for criminal law enforcement purposes. ( g ) System name. General Investigative Files—FCC/OIG-2. Compiled for law enforcement purposes. This system of records is exempt pursuant to section (k)(2) of the Act because the records contain investigatory material compiled for law enforcement purposes. (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) ) [ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13369 , Apr. 4, 1984; 58 FR 11549 , Feb. 26, 1993] Subpart F—Meeting Procedures Authority: Secs. 4, 303, 48 Stat., as amended, 1066, 1082; ( 47 U.S.C. 154 , 303 ). Source: 42 FR 12867 , Mar. 7, 1977, unless otherwise noted. § 0.601 Definitions. For purposes of this section: ( a ) The term agency means: ( 1 ) The Commission, ( 2 ) A board of Commissioners (see § 0.212 ), ( 3 ) The Telecommunications Committee (see § 0.215 ), and ( 4 ) Any other group of Commissioners hereafter established by the Commission on a continuing or ad hoc basis and authorized to act on behalf of the Commission. ( b ) The term meeting means the deliberations among a quorum of the Commission, a Board of Commissioners, or a quorum of a committee of Commissioners, where such deliberations determine or result in the joint conduct or disposition of official agency business, except that the term does not include deliberations to decide whether to announce a meeting with less than seven days notice, or whether a meeting should be open or closed. (The term includes conference telephone calls, but does not include the separate consideration of Commission business by Commissioners.) For purposes of this subpart each item on the agenda of a meeting is considered a meeting or a portion of a meeting. [ 42 FR 12867 , Mar. 7, 1977, as amended at 48 FR 56391 , Dec. 21, 1983; 64 FR 2149 , Jan. 13, 1999] § 0.602 Open meetings. ( a ) All meetings shall be conducted in accordance with the provisions of this subpart. ( b ) Except as provided in § 0.603 , every portion of every meeting shall be open to public observation. Observation does not include participation or disruptive conduct by observers, and persons engaging in such conduct will be removed from the meeting. ( c ) The right of the public to observe open meetings does not alter those rules in this chapter which relate to the filing of motions, pleadings, or other documents. Unless such pleadings conform to the other procedural requirements of this chapter, pleadings based upon comments or discussions at open meetings, as a general rule, will not become part of the official record, will receive no consideration, and no further action by the Commission will be taken thereon. ( d ) Deliberations, discussions, comments or observations made during the course of open meetings do not themselves constitute action of the Commission. Comments made by Commissioners may be advanced for purposes of discussion and may not reflect the ultimate position of a Commissioner. [ 42 FR 12867 , Mar. 7, 1977, as amended at 45 FR 63491 , Sept. 25, 1980] § 0.603 Bases for closing a meeting to the public. Except where the agency finds that the public interest requires otherwise, an agency or advisory committee meeting may be closed to the public, and information pertaining to such meetings which would otherwise be disclosed to the public under § 0.605 may be withheld, if the agency determines that an open meeting or the disclosure of such information is likely to: ( a ) Disclose matters that: ( 1 ) Are specifically authorized under criteria established by executive order to be kept secret in the interest of national defense or foreign policy, and ( 2 ) are in fact properly classified pursuant to such executive order (see § 0.457(a) ); ( b ) Relate solely to the internal personnel rules and practices of an agency (see § 0.457(b) ); ( c ) Disclose matters specifically exempted from disclosure, by statute (other than the Freedom of Information Act, 5 U.S.C. 552 ). Provided, That such statute ( 1 ) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or ( 2 ) establishes particular criteria for withholding or refers to particular types of matters to be withheld (see § 0.457(c) ); ( d ) Disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential (see § 0.457(d) ); ( e ) Involve accusing any person of a crime or formally censuring any person; ( f ) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy (see § 0.457(f) ); ( g ) Disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information would ( 1 ) interfere with enforcement proceedings, ( 2 ) deprive a person of a right to a fair trial or an impartial adjudication, ( 3 ) constitute an unwarranted invasion of personal privacy, ( 4 ) disclose the identity of a confidential source, and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, ( 5 ) disclose investigative techniques and procedures, or ( 6 ) endanger the life or physical safety of law enforcement personnel; ( h ) Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; ( i ) Disclose information the premature disclosure of which would be likely to significantly frustrate implementation of a proposed agency action, except where the agency has already disclosed to the public the content or nature of the disclosed action, or where the agency is required by law to make such disclosure on its own initiative prior to taking final agency action on such proposal; or ( j ) Specifically concern the agency's issuance of a subpoena, or the agency's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the agency of a particular case of formal agency adjudication pursuant to the procedures specified in 5 U.S.C. 554 or otherwise involving a determination on the record after opportunity for hearing. § 0.605 Procedures for announcing meetings. ( a ) Notice of all open and closed meetings will be given. ( b ) The meeting notice will be submitted for publication in the Federal Register on or before the date on which the announcement is made. Copies will be available in the Press and News Media Division on the day the announcement is made. Copies will also be attached to “FCC Actions Alert”, which is mailed to certain individuals and groups who have demonstrated an interest in representing the public in Commission proceedings. ( c ) ( 1 ) If the agency staff determines that a meeting should be open to the public, it will, at least one week prior to the meeting, announce in writing the time, place and subject matter of the meeting, that it is to be open to the public, and the name and phone number of the Chief, Press and News Media Division, who has been designated to respond to requests for information about the meeting. ( 2 ) If the staff determines that a meeting should be closed to the public, it will refer the matter to the General Counsel, who will certify that there is (or is not) a legal basis for closing the meeting to the public. Following action by the General Counsel, the matter may be referred to the agency for a vote on the question of closing the meeting (See § 0.606 ). ( d ) ( 1 ) If the question of closing a meeting is considered by the agency but no vote is taken, the agency will, at least one week prior to the meeting, announce in writing the time, place and subject matter of the meeting, that it is to be open to the public, and the name and phone number of the Chief, Press and News Media Division. ( 2 ) If a vote is taken, the agency will, in the same announcement and within one day after the vote, make public the vote of each participating Commissioner. ( 3 ) If the vote is to close the meeting, the agency will also, in that announcement, set out a full written explanation of its action, including the applicable provision(s) of § 0.603 , and a list of persons expected to attend the meeting, including Commission personnel, together with their affiliations. The Commissioners, their assistants, the General Counsel, the Executive Director, the Chief, Press and News Media Division, and the Secretary are expected to attend all Commission meetings. The appropriate Bureau or Office Chief and Division Chief are expected to attend meetings which relate to their responsibilities (see subpart A of this part ). ( 4 ) If a meeting is closed, the agency may omit from the announcement information usually included, if and to the extent that it finds that disclosure would be likely to have any of the consequences listed in § 0.603 . ( e ) If the prompt and orderly conduct of agency business requires that a meeting be held less than one week after the announcement of the meeting, or before that announcement, the agency will issue the announcement at the earliest practicable time. In addition to other information, the announcement will contain the vote of each member of the agency who participated in the decision to give less than seven days notice, and the particular reason for that decision. ( f ) If, after announcement of a meeting, the time or place of the meeting is changed or the meeting is cancelled, the agency will announce the change at the earliest practicable time. ( g ) If the subject matter or the determination to open or close a meeting is changed, the agency will publicly announce the change and the vote of each member at the earliest practicable time. The announcement will contain a finding that agency business requires the change and that no earlier announcement of the change was possible. ( 47 U.S.C. 154 , 155 , 303 ) [ 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] § 0.606 Procedures for closing a meeting to the public. ( a ) For every meeting closed under § 0.603 , the General Counsel will certify that there is a legal basis for closing the meeting to the public and will state each relevant provision of § 0.603 . The staff of the agency will refer the matter to the General Counsel for certification before it is referred to the agency for a vote on closing the meeting. Certifications will be retained in a public file in the Office of the Secretary. ( b ) The agency will vote on the question of closing a meeting. ( 1 ) If a member of the agency requests that a vote be taken; ( 2 ) If the staff recommends that a meeting be closed and one member of the agency requests that a vote be taken; or ( 3 ) If a person whose interests may be directly affected by a meeting requests the agency to close the meeting for any of the reasons listed in § 0.603 (e) , (f) or (g) , or if any person requests that a closed meeting be opened, and a member of the agency requests that a vote be taken. (Such requests may be filed with the Secretary at any time prior to the meeting and should briefly state the reason(s) for opening or closing the meeting. To assure that they reach the Commission for consideration prior to the meeting, they should be submitted at the earliest practicable time and should be called specifically to the attention of the Secretary—in person or by telephone. It will be helpful if copies of the request are furnished to the members of the agency and the General Counsel. The filing of a request shall not stay the holding of a meeting.) ( c ) A meeting will be closed to the public pursuant to § 0.603 only by vote of a majority of the entire membership of the agency. The vote of each participating Commissioner will be recorded. No Commissioner may vote by proxy. ( d ) A separate vote will be taken before any meeting is closed to the public and before any information is withheld from the meeting notice. However, a single vote may be taken with respect to a series of meetings proposed to be closed to the public, and with respect to information concerning such series of meetings (a vote on each question, if both are presented), if each meeting involves the same particular matters and is scheduled to be held no later than 30 days after the first meeting in the series. ( e ) Less than seven days notice may be given only by majority vote of the entire membership of the agency. ( f ) The subject matter or the determination to open or close a meeting will be changed only if a majority of the entire membership of the agency determines by recorded vote that agency business so requires and that no earlier announcement of the change was possible. [ 42 FR 12867 , Mar. 7, 1977, as amended at 71 FR 15618 , Mar. 29, 2006] § 0.607 Transcript, recording or minutes; availability to the public. ( a ) The agency will maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting closed to the public, except that in a meeting closed pursuant to paragraph (h) or (j) of § 0.603 , the agency may maintain minutes in lieu of a transcript or recording. Such minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote. All documents considered in connection with any item will be identified in the minutes. ( b ) A public file of transcripts (or minutes) of closed meetings will be maintained in the Office of the Secretary. The transcript of a meeting will be placed in that file if, after the meeting, the responsible Bureau or Office Chief determines, in light of the discussion, that the meeting could have been open to the public or that the reason for withholding information concerning the matters discussed no longer pertains. Transcripts placed in the public file are available for inspection under § 0.460 . Other transcripts, and separable portions thereof which do not contain information properly withheld under § 0.603 , may be made available for inspection under § 0.461 . When a transcript, or portion thereof, is made available for inspection under § 0.461 , it will be placed in the public file. Copies of transcripts may be obtained from the duplicating contractor pursuant to § 0.465(a) . There will be no search or transcription fee. Requests for inspection or copies of transcripts shall specify the date of the meeting, the name of the agenda and the agenda item number; this information will appear in the notice of the meeting. Pursuant to § 0.465(c)(3) , the Commission will make copies of the transcript available directly, free of charge, if it serves the financial or regulatory interests of the United States. ( c ) The Commission will maintain a copy of the transcript or minutes for a period of at least two years after the meeting, or until at least one year after conclusion of the proceeding to which the meeting relates, whichever occurs later. ( d ) The Commissioner presiding at the meeting will prepare a statement setting out the time and place of the meeting, the names of persons other than Commission personnel who were present at the meeting, and the names of Commission personnel who participated in the discussion. These statements will be retained in a public file in the Minute and Rules Branch, Office of the Secretary. [ 42 FR 12867 , Mar. 7, 1977, as amended at 71 FR 15618 , Mar. 29, 2006] Subpart G—Intergovernmental Communication Source: 66 FR 8091 , Jan. 29, 2001, unless otherwise noted. § 0.701 Intergovernmental Advisory Committee. ( a ) Purpose and term of operations. The Intergovernmental Advisory Committee (IAC) is established to facilitate intergovernmental communication between municipal, county, state and tribal governments and the Federal Communications Commission. The IAC will commence operations with its first meeting convened under this section and is authorized to undertake its mission for a period of two years from that date. At his/her discretion, the Chairperson of the Federal Communications Commission may extend the IAC's term of operations for an additional two years, for which new members will be appointed as set forth in paragraph (b) of this section. Pursuant to Section 204(b) of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b) , the IAC is not subject to, and is not required to follow, the procedures set forth in the Federal Advisory Committee Act. 5 U.S.C., App. 2 (1988). ( b ) Membership. The IAC will be composed of 30 members (or their designated employees), with a minimum of: Four elected municipal officials (city mayors and city council members); two elected county officials (county commissioners or council members); one elected or appointed local government attorney; one elected state executive (governor or lieutenant governor); three elected state legislators; one elected or appointed public utilities or public service commissioner; and three elected or appointed Native American tribal representatives. The Chairman of the Commission will appoint members through an application process initiated by a Public Notice, and will select a Chairman and a Vice Chairman to lead the IAC. The Chairperson of the Commission will appoint members through an application process initiated by a Public Notice, and will select a Chairperson and a Vice Chairperson to lead the IAC. The Chairperson of the Commission will also appoint members to fill any vacancies and may replace an IAC member, at his or her discretion, using the appointment process. Members of the IAC are responsible for travel and other incidental expenses incurred while on IAC business and will not be reimbursed by the Commission for such expenses. ( c ) Location and frequency of meetings. The IAC will meet in Washington, DC four times a year. Members must attend a minimum of fifty percent of the IAC's yearly meetings and may be removed by the Chairperson of the IAC for failure to comply with this requirement. ( d ) Participation in IAC meetings. Participation at IAC meetings will be limited to IAC members or employees designated by IAC members to act on their behalf. Members unable to attend an IAC meeting should notify the IAC Chairperson a reasonable time in advance of the meeting and provide the name of the employee designated on their behalf. With the exception of Commission staff and individuals or groups having business before the IAC, no other persons may attend or participate in an IAC meeting. ( e ) Commission support and oversight. The Chairperson of the Commission, or Commissioner designated by the Chairperson for such purpose, will serve as a liaison between the IAC and the Commission and provide general oversight for its activities. The IAC will also communicate directly with the Chief, Consumer & Governmental Affairs Bureau, concerning logistical assistance and staff support, and such other matters as are warranted. 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title-47_43.html | No Title | PART 43—REPORTS OF COMMUNICATION COMMON CARRIERS, PROVIDERS OF INTERNATIONAL SERVICES AND CERTAIN AFFILIATES Authority: 47 U.S.C. 35-39 , 154 , 211 , 219 , 220 ; sec. 402(b)(2)(B), (c), Pub. L. 104-104 , 110 Stat. 129. Source: 28 FR 13214 , Dec. 5, 1963, unless otherwise noted. § 43.01 Applicability. ( a ) The sections... |
title-47_15.html | No Title | PART 15—RADIO FREQUENCY DEVICES Authority: 47 U.S.C. 154 , 302a , 303 , 304 , 307 , 336 , 544a , and 549 . Source: 54 FR 17714 , Apr. 25, 1989, unless otherwise noted. Subpart A—General § 15.1 Scope of this part. ( a ) This part sets out the regulations under which an intentional, unintentional, or incidental radiator ... |
title-47_30.html | No Title | PART 30—UPPER MICROWAVE FLEXIBLE USE SERVICE Authority: 47 U.S.C. 151 , 152 , 153 , 154 , 301 , 303 , 304 , 307 , 309 , 310 , 316 , 332 , 1302 , unless otherwise noted. Source: 81 FR 79937 , Nov. 14, 2016, unless otherwise noted. Subpart A—General § 30.1 Creation of upper microwave flexible use service, scope and autho... |
title-47_80.html | No Title | PART 80—STATIONS IN THE MARITIME SERVICES Authority: 47 U.S.C. 151-155 , 301 -609; 3 U.S.T. 3450, 3 U.S.T. 4726, 12 U.S.T. 2377. Source: 51 FR 31213 , Sept. 2, 1986, unless otherwise noted. Subpart A—General Information General § 80.1 Basis and purpose. This section contains the statutory basis for this part of the rul... |
title-47_2.html | No Title | PART 2—FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS Authority: 47 U.S.C. 154 , 302a , 303 , and 336 , unless otherwise noted. Source: 28 FR 12465 , Nov. 22, 1963, unless otherwise noted. Editorial Note Editorial Note: Nomenclature changes to part 2 appear at 63 FR 54077 , Oct. 8, 1998. ... |
title-47_42.html | No Title | PART 42—PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS Authority: 47 U.S.C. 154(i) , 219 , 220 . Source: 51 FR 32653 , Sept. 15, 1986, unless otherwise noted. Applicability § 42.01 Applicability. This part prescribes the regulations governing the preservation of records of communication common carriers that a... |
title-47_19.html | No Title | PART 19—EMPLOYEE RESPONSIBILITIES AND CONDUCT Authority: 5 U.S.C. 7301 ; 47 U.S.C. 154 (b), (i), (j), and 303(r). Source: 61 FR 56112 , Oct. 31, 1996, unless otherwise noted. Subpart A—General Provisions § 19.735-101 Purpose. The regulations in this part prescribe procedures and standards of conduct that are appropriat... |
title-47_18c.html | No Title | Subpart C—Technical Standards § 18.301 Operating frequencies. ISM equipment may be operated on any frequency above 9 kHz except as indicated in § 18.303 . The following frequency bands, in accordance with § 2.106 of the rules, are designated for use by ISM equipment: Table 1 to § 18.301 ISM frequency Tolerance 6.78 MHz... |
title-47_19b.html | No Title | Subpart B—Employee Responsibilities and Conduct § 19.735-201 Outside employment and other activity prohibited by the Communications Act. Under section 4(b) of the Communications Act, at 47 U.S.C. 154(b)(2)(A)(iv) , no employee of the Commission may be in the employ of or hold any official relation to any person signifi... |
title-47_67.html | No Title | PART 67—REAL-TIME TEXT Authority: 47 U.S.C. 151-154 , 225 , 251 , 255 , 301 , 303 , 307 , 309 , 316 , 615c , 616 , 617 . Source: 82 FR 7707 , Jan. 23, 2017, unless otherwise noted. § 67.1 Definitions. ( a ) Authorized end user device means a handset or other end user device that is authorized by the provider of a cover... |
title-47_4.html | No Title | PART 4—DISRUPTIONS TO COMMUNICATIONS Authority: 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 , and Executive Order no. 10530 . Source: 69 FR 70338 , Dec. 3, 2004, unless otherwise noted. General § 4.1 Scope, basis, and purpose. ( a ) In this part, the F... |
title-47_53.html | No Title | PART 53—SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES Authority: 47 U.S.C. 151-155 , 157 , 201-205 , 218 , 251 , 253 , 271-275 , unless otherwise noted. Source: 62 FR 2967 , Jan. 21, 1997, unless otherwise noted. Subpart A—General Information § 53.1 Basis and purpose. ( a ) Basis. The rules in this part are is... |
title-47_3.html | No Title | PART 3—AUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES Authority: 47 U.S.C. 154(i) , 154(j) and 303(r) . Source: 61 FR 20165 , May 6, 1996, unless otherwise noted. General § 3.1 Scope, basis, purpose. By these rules the Federal Communications Commissio... |
title-47_76.html | No Title | PART 76—MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE Authority: 47 U.S.C. 151 , 152 , 153 , 154 , 301 , 302 , 302a , 303 , 303a , 307 , 308 , 309 , 312 , 315 , 317 , 325 , 335 , 338 , 339 , 340 , 341 , 503 , 521 , 522 , 531 , 532 , 534 , 535 , 536 , 537 , 543 , 544 , 544a , 545 , 548 , 549 , 552 , 554 , 556 , 558 , ... |
title-47_64.html | No Title | PART 64—MISCELLANEOUS RULES RELATING TO COMMON CARRIERS Authority: 47 U.S.C. 151 , 152 , 154 , 201 , 202 , 217 , 218 , 220 , 222 , 225 , 226 , 227 , 227b , 228 , 251(a) , 251(e) , 254(k) , 255 , 262 , 276 , 403(b)(2)(B) , (c), 616, 620, 716, 1401-1473, unless otherwise noted; Pub. L. 115-141 , Div. P, sec. 503, 132 Sta... |
title-47_90.html | No Title | PART 90—PRIVATE LAND MOBILE RADIO SERVICES Authority: 47 U.S.C. 154(i) , 161 , 303(g) , 303(r) , 332(c)(7) , 1401-1473 Source: 43 FR 54791 , Nov. 22, 1978, unless otherwise noted. Subpart A—General Information § 90.1 Basis and purpose. ( a ) Basis. The rules in this part are promulgated under Title III of the Communica... |
title-47_6.html | No Title | PART 6—ACCESS TO TELECOMMUNICATIONS SERVICE, TELECOMMUNICATIONS EQUIPMENT AND CUSTOMER PREMISES EQUIPMENT BY PERSONS WITH DISABILITIES Authority: 47 U.S.C. 151-154 , 208 , 255 , and 303(r) . Source: 64 FR 63251 , Nov. 19, 1999, unless otherwise noted. Subpart A—Scope—Who Must Comply With These Rules? § 6.1 Applicabilit... |
title-47_1.html | No Title | PART 1—PRACTICE AND PROCEDURE Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note ; 47 U.S.C. 1754 , unless otherwise noted. Editorial Note Editorial Note: Nomenclature changes to part 1 appear at 63 FR 54077 , Oct. 8, 1998. Subpart A—General Rules of Practice and Procedure Source: 28 FR 12415 , Nov. 22, 1963, u... |
title-47_16.html | No Title | PART 16—DIGITAL DISCRIMINATION OF ACCESS Authority: 47 U.S.C. 1754 , unless otherwise noted. Source: 89 FR 4162 , Jan. 22, 2024, unless otherwise noted. § 16.1 Purpose. The purpose of this part is to implement section 60506 of the Infrastructure Investment and Jobs Act, 135 Stat. 429 (2021) (Infrastructure Act) that re... |
title-47_97.html | No Title | PART 97—AMATEUR RADIO SERVICE Authority: 47 U.S.C. 151-155 , 301 -609, unless otherwise noted. Source: 54 FR 25857 , June 20, 1989, unless otherwise noted. Editorial Note Editorial Note: Nomenclature changes to part 97 appear at 63 FR 54077 , Oct. 8, 1998. Subpart A—General Provisions § 97.1 Basis and purpose. The rule... |
title-47_74.html | No Title | PART 74—EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES Authority: 47 U.S.C. 154 , 302a , 303 , 307 , 309 , 310 , 325 , 336 and 554 . Editorial Note Editorial Note: Nomenclature changes to part 74 appear at 64 FR 4055 , Jan. 27, 1999. Subpart—General; Rules Applicable to All S... |
title-47_78.html | No Title | PART 78—CABLE TELEVISION RELAY SERVICE Authority: 47 U.S.C. 152 , 153 , 154 , 301 , 303 , 307 , 308 , 309 . Source: 37 FR 3292 , Feb. 12, 1972, unless otherwise noted. Subpart A—General § 78.1 Purpose. The rules and regulations set forth in this part provide for the licensing and operation of fixed or mobile cable tele... |
title-47_20.html | No Title | PART 20—COMMERCIAL MOBILE SERVICES Authority: 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 , 307(a) , 309 , 309(j)(3) , 316 , 316(a) , 332 , 610 , 615 , 615a , 615b , and 615c , unless otherwise noted. Source: 59 FR 18495 , Apr. 19, 1994, unless ... |
title-47_95.html | No Title | PART 95—PERSONAL RADIO SERVICES Authority: 47 U.S.C. 154 , 303 , 307 . Source: 82 FR 41104 , Aug. 29, 2017, unless otherwise noted. Subpart A—General Rules for the Personal Radio Services § 95.100 Basis and purpose. This section contains a concise general statement of the basis and purpose of the rules in this part, pu... |
title-47_79.html | No Title | PART 79—ACCESSIBILITY OF VIDEO PROGRAMMING Authority: 47 U.S.C. 151 , 152(a) , 154(i) , 303 , 307 , 309 , 310 , 330 , 544a , 613 , 617 . Source: 62 FR 48493 , Sept. 16, 1997, unless otherwise noted. Subpart A—Video Programming Owners, Providers, and Distributors Source: 78 FR 77251 , Dec. 20, 2013, unless otherwise not... |
title-47_69.html | No Title | PART 69—ACCESS CHARGES Authority: 47 U.S.C. 154 , 201 , 202 , 203 , 205 , 218 , 220 , 254 , 403 . Source: 48 FR 10358 , Mar. 11, 1983, unless otherwise noted. Subpart A—General § 69.1 Application of access charges. ( a ) This part establishes rules for access charges for interstate or foreign access services provided b... |
title-47_9.html | No Title | PART 9—911 REQUIREMENTS Authority: 47 U.S.C. 151-154 , 152(a) , 155(c) , 157 , 160 , 201 , 202 , 208 , 210 , 214 , 218 , 219 , 222 , 225 , 251(e) , 255 , 301 , 302 , 303 , 307 , 308 , 309 , 310 , 316 , 319 , 332 , 403 , 405 , 605 , 610 , 615 , 615 note , 615a , 615b , 615c , 615a-1 , 616 , 620 , 621 , 623 , 623 note , ... |
title-47_14.html | No Title | PART 14—ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT BY PEOPLE WITH DISABILITIES Authority: 47 U.S.C. 151-154 , 255 , 303 , 403 , 503 , 617 , 618 , 619 unless otherwise noted. Source: 76 FR 82389 , Dec. 30, 2011, unless otherwise noted. Subpart A—Scope § 14.1 Applicability. Except as provided in §§ 14.2 , 1... |
title-47_18a.html | No Title | Subpart A—General Information § 18.101 Basis and purpose. The rules in this part, in accordance with the applicable treaties and agreements to which the United States is a party, are promulgated pursuant to section 302 of the Communications Act of 1934, as amended, vesting the Federal Communications Commission with aut... |
title-47_11.html | No Title | PART 11—EMERGENCY ALERT SYSTEM (EAS) Authority: 47 U.S.C. 151 , 154 (i) and (o), 303(r), 544(g), 606, 1201, 1206. Source: 59 FR 67092 , Dec. 28, 1994, unless otherwise noted. Subpart A—General § 11.1 Purpose. This part contains rules and regulations providing for an Emergency Alert System (EAS). The EAS provides the Pr... |
title-47_5.html | No Title | PART 5—EXPERIMENTAL RADIO SERVICE Authority: 47 U.S.C. 154 , 301 , 302 , 303 , 307 , 336 . Source: 78 FR 25162 , Apr. 29, 2013, unless otherwise noted. Subpart A—General § 5.1 Basis and purpose. ( a ) Basis. The rules following in this part are promulgated pursuant to the provisions of Title III of the Communications A... |
title-47_51.html | No Title | PART 51—INTERCONNECTION Authority: 47 U.S.C. 151-55 , 201-05 , 207-09 , 218 , 225-27 , 251-52 , 271 , 332 unless otherwise noted. Source: 61 FR 45619 , Aug. 29, 1996, unless otherwise noted. Subpart A—General Information § 51.1 Basis and purpose. ( a ) Basis. These rules are issued pursuant to the Communications Act of... |
title-47_32.html | No Title | PART 32—UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS COMPANIES Authority: 47 U.S.C. 219 , 220 as amended, unless otherwise noted. Source: 51 FR 43499 , Dec. 2, 1986, unless otherwise noted. Subpart A—Preface § 32.1 Background. The revised Uniform System of Accounts (USOA) is a historical financial accounting syste... |
title-47_59.html | No Title | PART 59—INFRASTRUCTURE SHARING Authority: 47 U.S.C. 154(i) , 154(j) , 201-205 , 259 , 303(r) , 403 . Source: 62 FR 9713 , Mar. 4, 1997, unless otherwise noted. § 59.1 General duty. Incumbent local exchange carriers (as defined in 47 U.S.C. section 251(h) ) shall make available to any qualifying carrier such public swit... |
title-47_87.html | No Title | PART 87—AVIATION SERVICES Authority: 47 U.S.C. 154 , 303 and 307(e) , unless otherwise noted. Source: 53 FR 28940 , Aug. 1, 1988, unless otherwise noted. Subpart A—General Information § 87.1 Basis and purpose. This section contains the statutory basis and provides the purpose for which this part is issued. ( a ) Basis.... |
title-47_63.html | No Title | PART 63—EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 160 , 201-205 , 214 , 218 , 403 , 571 , unless otherwise noted. Source: 28 FR 13229 , Dec. 5, 1... |
title-47_25.html | No Title | PART 25—SATELLITE COMMUNICATIONS Authority: 47 U.S.C. 154 , 301 , 302 , 303 , 307 , 309 , 310 , 319 , 332 , 605 , and 721 , unless otherwise noted. Subpart A—General § 25.101 Basis and scope. ( a ) The rules and regulations in this part are issued pursuant to the authority contained in section 201(c)(11) of the Communi... |
title-47_10.html | No Title | PART 10—WIRELESS EMERGENCY ALERTS Authority: 47 U.S.C. 151 , 154(i) and (o) , 201 , 303(r) , 403 , and 606 , 1202(a) , (b), (c), (f), 1203, 1204, and 1206. Cross Reference Link to an amendment published at 88 FR 86836 , Dec. 15, 2023. Source: 73 FR 43117 , July 24, 2008, unless otherwise noted. Subpart A—General Inform... |
title-47_18b.html | No Title | Subpart B—Applications and Authorizations § 18.201 Scope. This subpart contains the procedures and requirements for authorization to market or operate ISM equipment under this part. § 18.203 Equipment authorization. ( a ) Consumer ISM equipment, unless otherwise specified, must be authorized under either the Supplier's... |
title-47_65.html | No Title | PART 65—INTERSTATE RATE OF RETURN PRESCRIPTION, PROCEDURES, AND METHODOLOGIES Authority: 47 U.S.C. 151 , 154(i) , 155 , 201 , 205 , 214 , 219 , 220 , 254 , 303(r) , 403 , and 1302 unless otherwise noted. Subpart A—General § 65.1 Application of part 65. ( a ) This part establishes procedures and methodologies for Commis... |
title-47_96.html | No Title | PART 96—CITIZENS BROADBAND RADIO SERVICE Authority: 47 U.S.C. 154(i) , 303 , and 307 . Source: 80 FR 36222 , June 23, 2015, unless otherwise noted. Subpart A—General Rules § 96.1 Scope. ( a ) This section sets forth the regulations governing use of devices in the Citizens Broadband Radio Service. Citizens Broadband Rad... |
title-47_22.html | No Title | PART 22—PUBLIC MOBILE SERVICES Authority: 47 U.S.C. 154 , 222 , 303 , 309 , and 332 . Source: 59 FR 59507 , Nov. 17, 1994, unless otherwise noted. Subpart A—Scope and Authority § 22.1 Basis and purpose. This section contains a concise general statement of the basis and purpose of the rules in this part, pursuant to 5 U... |
title-47_17.html | No Title | PART 17—CONSTRUCTION, MARKING, AND LIGHTING OF ANTENNA STRUCTURES Authority: 47 U.S.C. 154 , 301 , 303 , 309 . Subpart A—General Information § 17.1 Basis and purpose. ( a ) The rules in this part are issued pursuant to the authority contained in Title III of the Communications Act of 1934, as amended, which vest author... |
title-47_27.html | No Title | PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES Authority: 47 U.S.C. 154 , 301 , 302a , 303 , 307 , 309 , 332 , 336 , 337 , 1403 , 1404 , 1451 , and 1452 , unless otherwise noted. Source: 62 FR 9658 , Mar. 3, 1997, unless otherwise noted. Subpart A—General Information § 27.1 Basis and purpose. This section conta... |
title-47_68.html | No Title | PART 68—CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK Authority: 47 U.S.C. 154 , 303 , 610 . Subpart A—General Authority: Secs. 4, 5, 303, 710, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 , 610 ). Source: 45 FR 20841 , Mar. 31, 1980, unless otherwise noted. § 68.1 Purpose. The purpose... |
title-47_19a.html | No Title | Subpart A—General Provisions § 19.735-101 Purpose. The regulations in this part prescribe procedures and standards of conduct that are appropriate to the particular functions and activities of the Commission, and are issued by the Commission under authority independent of the uniform Standards of Ethical Conduct for Em... |
title-47_61.html | No Title | PART 61—TARIFFS Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 201-205 , 403 , unless otherwise noted. Source: 49 FR 40869 , Oct. 18, 1984, unless otherwise noted. Subpart A—General § 61.1 Purpose and application. ( a ) The purpose of this part is to prescribe the framework for the initial establishment of and subsequent... |
title-47_101.html | No Title | PART 101—FIXED MICROWAVE SERVICES Authority: 47 U.S.C. 154 , 303 . Source: 61 FR 26677 , May 28, 1996, unless otherwise noted. Subpart A—General § 101.1 Scope and authority. ( a ) Part 1 of the Commission's rules contains the general rules of practice and procedure applicable to proceedings before the Commission and fo... |
title-47_24.html | No Title | PART 24—PERSONAL COMMUNICATIONS SERVICES Authority: 47 U.S.C. 154 , 301 , 302 , 303 , 309 and 332 . Source: 58 FR 59183 , Nov. 8, 1993, unless otherwise noted. Redesignated at 59 FR 18499 , Apr. 19, 1994. Subpart A—General Information § 24.1 Basis and purpose. This section contains the statutory basis for this part of ... |
title-47_13.html | No Title | PART 13—COMMERCIAL RADIO OPERATORS Authority: 47 U.S.C. 154 , 303 . Source: 58 FR 9124 , Feb. 19, 1993, unless otherwise noted. General § 13.1 Basis and purpose. ( a ) Basis. The basis for the rules contained in this part is the Communications Act of 1934, as amended, and applicable treaties and agreements to which the... |
title-47_73.html | No Title | PART 73—RADIO BROADCAST SERVICES Authority: 47 U.S.C. 154 , 155 , 301 , 303 , 307 , 309 , 310 , 334 , 336 , 339 . Subpart A—AM Broadcast Stations § 73.1 Scope. This subpart contains those rules which apply exclusively to the AM broadcast service and are in addition to those rules in Subpart H which are common to all AM... |
title-47_52.html | No Title | PART 52—NUMBERING Authority: 47 U.S.C. 151 , 152 , 153 , 154 , 155 , 201-205 , 207-209 , 218 , 225-227 , 251-252 , 271 , 303 , 332 , unless otherwise noted. Source: 61 FR 38637 , July 25, 1996, unless otherwise noted. Subpart A—Scope and Authority Source: 61 FR 47353 , Sept. 6, 1996, unless otherwise noted. § 52.1 Basi... |
title-47_36.html | No Title | PART 36—JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES [1] Authority: 47 U.S.C. 151 , 152 , 154(i) and (j) , 201 , 205 , 220 , 221(c) , 254 , 303(r) , 403 , 410 , and 1302 unless otherwi... |
title-47_18.html | No Title | PART 18—INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT Authority: 47 U.S.C. 154 , 301 , 302 , 303 , 304 , 307 . Source: 50 FR 36067 , Sept. 5, 1985, unless otherwise noted. Subpart A—General Information § 18.101 Basis and purpose. The rules in this part, in accordance with the applicable treaties and agreements to which... |
title-47_8.html | No Title | Part 8—SAFEGUARDING AND SECURING THE OPEN INTERNET Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024. Authority: 47 U.S.C. 151 , 152 , 153 , 154 , 163 , 201 , 202 , 206 , 207 , 208 , 209 , 216 , 217 , 257 , 301 , 302a , 303 , 304 , 307 , 309 , 312 , 316 , 332 , 403 , 501 , 503 , 522 , 1302 ,... |
title-47_54.html | No Title | PART 54—UNIVERSAL SERVICE Authority: 47 U.S.C. 151 , 154(i) , 155 , 201 , 205 , 214 , 219 , 220 , 229 , 254 , 303(r) , 403 , 1004 , 1302 , 1601-1609 , and 1752 , unless otherwise noted. Source: 62 FR 32948 , June 17, 1997, unless otherwise noted. Subpart A—General Information § 54.1 Basis and purpose. ( a ) Basis. Thes... |
title-47_7.html | No Title | PART 7—ACCESS TO VOICEMAIL AND INTERACTIVE MENU SERVICES AND EQUIPMENT BY PEOPLE WITH DISABILITIES Authority: 47 U.S.C. 151-154 , 208 , 255 , and 303(r) . Source: 64 FR 63255 , Nov. 19, 1999, unless otherwise noted. Subpart A—Scope—Who Must Comply With These Rules? § 7.1 Who must comply with these rules? The rules in t... |
title-47_0.html | No Title | PART 0—COMMISSION ORGANIZATION Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 155 , 225 , 409 , and 1754 , unless otherwise noted. Subpart A—Organization Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 155 , 225 , and 409 , unless otherwise noted. General § 0.1 The Commission. The Federal Communications Commission is compos... |
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