FCC 90.693 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 90.693 Grandfathering provisions for incumbent licensees.
(a) General provisions. These provisions apply to “incumbent licensees,” all
800 MHz licensees authorized in the 809–821/854–866 MHz band who obtained
licenses or filed applications on or before December 15, 1995.
(b) Spectrum blocks A through V. An incumbent licensee's service area shall
be defined by its originally licensed 40 dBμV/m field strength contour and
its interference contour shall be defined as its originally-licensed 22
dBμV/m field strength contour. The “originally-licensed” contour shall be
calculated using the maximum ERP and the actual height of the antenna above
average terrain (HAAT) along each radial. Incumbent licensees are permitted
to add, remove or modify transmitter sites within their original 22 dBμV/m
field strength contour without prior notification to the Commission so long
as their original 22 dBμV/m field strength contour is not expanded.
Incumbent licensee protection extends only to its 40 dBμV/m signal strength
contour. Pursuant to the minor modification notification procedures set
forth in 1.947(b), the incumbent licensee must notify the Commission within
30 days of any change in technical parameters for stations that are
authorized under a waiver of 90.621(b)(4), or that are authorized under
90.621(b)(5).
(c) Special provisions for spectrum blocks F1 through V. Incumbent licensees
that have received the consent of all affected parties or a certified
frequency coordinator to utilize an 18 dBμV/m signal strength interference
contour shall have their service area defined by their originally-licensed
36 dBμV/m field strength contour and their interference contour shall be
defined as their originally-licensed 18 dBμV/m field strength contour. The
“originally-licensed” contour shall be calculated using the maximum ERP and
the actual HAAT along each radial. Incumbent licensees seeking to utilize an
18 dBμV/m signal strength interference contour shall first seek to obtain
the consent of affected co-channel incumbents. When the consent of a
co-channel licensee is withheld, an incumbent licensee may submit to any
certified frequency coordinator an engineering study showing that
interference will not occur, together with proof that the incumbent licensee
has sought consent. Incumbent licensees are permitted to add, remove or
modify transmitter sites within their original 18 dBμV/m field strength
contour without prior notification to the Commission so long as their
original 18 dBμV/m field strength contour is not expanded. Incumbent
licensee protection extends only to its 36 dBμV/m signal strength contour.
Pursuant to the minor modification notification procedures set forth in
1.947(b), the incumbent licensee must notify the Commission within 30 days
of any change in technical parameters for stations that are authorized under
a waiver of 90.621(b)(4), or that are authorized under 90.621(b)(5).
(d) Consolidated license—(1) Spectrum blocks A through V. Incumbent
licensees operating at multiple sites may, after grant of EA licenses has
been completed, exchange multiple site licenses for a single license,
authorizing operations throughout the contiguous and overlapping 40 dB V/m
field strength contours of the multiple sites. Incumbents exercising this
license exchange option must submit specific information on Form 601 for
each of their external base sites after the close of the 800 MHz SMR
auction. The incumbent's geographic license area is defined by the
contiguous and overlapping 22 dB V/m contours of its constructed and
operational external base stations and interior sites that are constructed
within the construction period applicable to the incumbent. Once the
geographic license is issued, facilities that are added within an
incumbent's existing footprint and that are not subject to prior approval by
the Commission will not be subject to construction requirements.
(2) Special Provisions for Spectrum Blocks F1 through V. Incumbent licensees
that have received the consent of all affected parties or a certified
frequency coordinator to utilize an 18 dB V/m signal strength interference
contour operating at multiple sites may, after grant of EA licenses has been
completed, exchange multiple site licenses for a single license. This single
site license will authorize operations throughout the contiguous and
overlapping 36 dB V/m field strength contours of the multiple sites.
Incumbents exercising this license exchange option must submit specific
information on Form 601 for each of their external base sites after the
close of the 800 SMR auction. The incumbent's geographic license area is
defined by the contiguous and overlapping 18 dB V/m contours of its
constructed and operational external base stations and interior sites that
are constructed within the construction period applicable to the incumbent.
Once the geographic license is issued, facilities that are added within an
incumbent's existing footprint and that are not subject to prior approval by
the Commission will not be subject to construction requirements.
[ 64 FR 71055 , Dec. 20, 1999, as amended at 69 FR 67852 , Nov. 22, 2004; 70 FR 6761 , Feb. 8, 2005; 70 FR 61062 , Oct. 20, 2005]
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