FCC 90.159 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 90.159 Temporary and conditional permits.
(a) An applicant for a license under this part (other than a commercial
mobile radio license) utilizing an already licensed facility may operate the
radio station(s) for a period of up to one hundred eighty (180) days after
submitting a Form 601 application for a station license in accordance with
Sec. 90.127 of this part, provided that all the antennas employed by control
stations are 6.1 meters (20 feet) or less above ground or 6.1 meters (20
feet) or less above a man-made structure other than an antenna tower to
which it is affixed. When required by Sec. 90.175 of this part, applications
must be accompanied by evidence of frequency coordination. The temporary
operation of stations, other than mobile stations within the Canadian
coordination zone is limited to stations with a maximum of 5 watts effective
radiated power and a maximum antenna height of 6.1 meters (20 ft) above
average terrain.
(b) An applicant proposing to operate a new land mobile radio station or
modify an existing station below 470 MHz or in the one-way paging 929–930
MHz band (other than a commercial mobile radio service applicant or licensee
on these bands) that is required to submit a frequency recommendation
pursuant to paragraphs (b) through (h) of Sec. 90.175 of this part may operate
the proposed station during the pendency of its application for a period of
up to one hundred eighty (180) days upon the filing of a properly completed
formal Form 601 application that complies with Sec. 90.127 of this part if the
application is accompanied by evidence of frequency coordination in
accordance with Sec. 90.175 of this part and provided that the following
conditions are satisfied:
(1) For applicants proposing to operate below 470 MHz, that the proposed
station location is south of Line A or west of Line C as defined in Sec. 90.7;
for applicants in the one-way paging 929–930 MHz band, that the proposed
station location is west of Line C as defined in Sec. 90.7.
(2) The proposed antenna structure has been previously studied by the
Federal Aviation Administration and determined to pose no hazard to aviation
safety as required by Sec. 17.4 of the Commission's Rules; or the proposed
antenna or tower structure does not exceed 6.1 meters (20 feet) 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.
(3) The grant of the application does not require a waiver of the
Commission's Rules.
(4) The applicant has determined that the proposed facility will not
significantly affect the environment as defined in Sec. 1.1307.
(5) The applicant has determined that the proposed station affords the level
of protection to radio quiet zones and radio receiving facilities as
specified in Sec. 1.924 of this chapter.
(6) The applicant has submitted an application to the Commission stating the
frequency the applicant intends to use and that the frequency coordination
requirements specified in Sec. 90.175 for selection and use of this frequency
have been met and a minimum of ten business days has passed between
submission of the application to the Commission and the onset of operation.
(c) An applicant proposing to operate an itinerant station or an applicant
seeking the assignment of authorization or transfer of control of a license
for an existing station below 470 MHz or in the 929–930 MHz band (other than
a commercial mobile radio service applicant or licensee on these bands) may
operate the proposed station during the pendency of the application for a
period not to exceed one hundred eighty (180) days upon the filing of a
properly completed formal Form 601 application that complies with Sec. 90.127 of
this part. Conditional authority ceases immediately if the application is
dismissed by the Commission. All other categories of applications listed in
Sec. 90.175(i) of this part that do not require evidence of frequency
coordination are excluded from the provisions of this section.
(d) Conditional authorization does not prejudice any action the Commission
may take on the subject application. Conditional authority is accepted with
the express understanding that such authority may be modified or canceled by
the Commission at any time without hearing if, in the Commission's
discretion, the need for such action arises. Consistent with Sec. 90.175(g) of
this part, the applicant assumes all risks associated with operation under
conditional authority, the termination or modification of conditional
authority, or the subsequent dismissal or denial of its application.
Authority reverts back to the original licensee if an assignee or
transferee's conditional authority is canceled.
(e) The transmissions of new stations operating pursuant to conditional
authority shall be identified by a temporary call sign consisting of the
prefix “WT” followed by the applicant's local seven digit business telephone
number as provided in Sec. 2.302. Transmissions by applicants for the
modification, assignment of authorization or transfer of control of an
existing station shall be identified by the station's call sign.
[ 51 FR 14997 , Apr. 22, 1986, as amended at 54 FR 50239 , Dec. 5, 1989; 58 FR 44956 , Aug. 25, 1993; 58 FR 62291 , Nov. 26, 1993; 59 FR 59959 , Nov. 21,
1994; 62 FR 18924 , Apr. 17, 1997; 63 FR 68964 , Dec. 14, 1998; 69 FR 17959 ,
Apr. 6, 2004]
Special Rules Governing Facilities Used To Provide Commercial Mobile Radio
Services
Source: 59 FR 59959 , Nov. 21, 1994; 63 FR 68964 , Dec. 14, 1998, unless
otherwise noted.
Note: The following rules ( Sec. 90.165 through Sec. 90.169) govern applications,
licensing, and operation of radio facilities in the 220–222 MHz (subpart T),
Business Radio (subpart D), 929–930 MHz Paging (subpart P), and Specialized
Mobile Radio (subpart S) services that are used to provide commercial mobile
radio services (see Sec. Sec. 20.3 and 20.9 of this chapter). Compliance with the
rules relating to applications and licensing of facilities on paging-only
channels in the Business Radio Service (see Sec. 90.75(c)(10)) and 929–930 MHz
paging channels (see Sec. 90.494(a),(b)) is not required prior to August 10,
1996. Compliance with Sec. 90.168 is also not required prior to August 10, 1996
for reclassified commercial mobile radio service providers who are to be
regulated as private carriers until August 10, 1996 as provided in the
Second Report and Order in GN Docket No. 93–252, 9 FCC Rcd 2348 (1994),
paras. 280–284. The licensing and operation of radio facilities in the
220–222 MHz (subpart T), Business Radio (subpart D), 929–930 MHz Paging
(subpart P), and Specialized Mobile Radio (subpart S) services that are used
to provide commercial mobile radio services are also subject to rules
elsewhere in this part that apply generally to Private Land Mobile Radio
Services. In the case of any conflict between rules set forth in Sec. Sec. 90.165
through 90.169 and other rules in this part, Sec. Sec. 90.165 through 90.169 apply.
14–23. New Sec. Sec. 90.165 through 90.169 are added to subpart G to read as
follows:
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