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]

§ 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]

§ 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]

§ 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 (a)(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 and copying at the Federal Communications Commission's Reference Information Center, located at the address of the FCC's main office indicated in 47 CFR 0.401(a). These maps and data are also available on the FCC Web site at http://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]

§ 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]

§ 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]

§ 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]

§ 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/m2/4 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

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

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

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

(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 log10 (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 log10(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 log10(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 log10(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 log10(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]

§ 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/m2, 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/m2/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/m2/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; 85 FR 22882, Apr. 23, 2020; 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/m2; 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 [Reserved]

§ 27.60 TV/DTV interference protection criteria.

Base, fixed, control, and mobile transmitters in the 698-758 MHz, 775-788 MHz, and 805-806 MHz frequency bands must be operated only in accordance with the rules in this section to reduce the potential for interference to public reception of the signals of existing TV and DTV broadcast stations transmitting on TV Channels 51 through 68.

(a) D/U ratios. Licensees must choose site locations that are a sufficient distance from co-channel and adjacent channel TV and DTV stations, and/or must use reduced transmitting power or transmitting antenna height such that the following minimum desired signal-to-undesired signal ratios (D/U ratios) are met.

(1) The minimum D/U ratio for co-channel stations is:

(i) 40 dB at the hypothetical Grade B contour (64 dBµV/m) (88.5 kilometers (55 miles)) of the TV station;

(ii) For transmitters operating in the 698-746 MHz frequency band, 23 dB at the equivalent Grade B contour (41 dBµV/m) (88.5 kilometers (55 miles)) of the DTV station; or

(iii) For transmitters operating in the 746-758 MHz, 775-788 MHz, and 805-806 MHz frequency bands, 17 dB at the equivalent Grade B contour (41 dBµV/m) (88.5 kilometers (55 miles)) of the DTV station.

(2) The minimum D/U ratio for adjacent channel stations is 0 dB at the hypothetical Grade B contour (64 dBµV/m) (88.5 kilometers (55 miles)) of the TV station or −23 dB at the equivalent Grade B contour (41 dBµV/m) (88.5 kilometers (55 miles)) of the DTV station.

(b) TV stations and calculation of contours. The methods used to calculate TV contours and antenna heights above average terrain are given in §§ 73.683 and 73.684 of this chapter. Tables to determine the necessary minimum distance from the 698-758 MHz, 775-788 MHz, and 805-806 MHz station to the TV/DTV station, assuming that the TV/DTV station has a hypothetical or equivalent Grade B contour of 88.5 kilometers (55 miles), are located in § 90.309 of this chapter and labeled as Tables B, D, and E. The locations of existing and proposed TV/DTV stations during the period of transition from analog to digital TV service are given in part 73 of this chapter and in the final proceedings of MM Docket No. 87-268.

(1) Licensees of stations operating within the ERP and HAAT limits of § 27.50 must select one of four methods to meet the TV/DTV protection requirements, subject to Commission approval:

(i) Utilize the geographic separation specified in Tables B, D, and E of § 90.309 of this chapter, as appropriate;

(ii) When station parameters are greater than those indicated in the tables, calculate geographic separation in accordance with the required D/U ratios, as provided in paragraph (a) of this section;

(iii) Submit an engineering study justifying the proposed separations based on the parameters of the land mobile station and the parameters, including authorized and/or applied for facilities, of the TV/DTV station(s) it is trying to protect; or,

(iv) Obtain written concurrence from the applicable TV/DTV station(s). If this method is chosen, a copy of the agreement must be submitted with the application.

(2) The following is the method for geographic separations.

(i) Base and fixed stations that operate in the 746-758 MHz and 775-787 MHz bands having an antenna height (HAAT) less than 152 m. (500 ft.) shall afford protection to co-channel and adjacent channel TV/DTV stations in accordance with the values specified in Table B (co-channel frequencies based on 40 dB protection) and Table E (adjacent channel frequencies based on 0 dB protection) in § 90.309 of this chapter. Base and fixed stations that operate in the 698-746 MHz band having an antenna height (HAAT) less than 152 m. (500 ft.) shall afford protection to adjacent channel DTV stations in accordance with the values specified in Table E in § 90.309 of this chapter, shall afford protection to co-channel DTV stations by providing 23 dB protection to such stations' equivalent Grade B contour (41 dBµV/m), and shall afford protection to co-channel and adjacent channel TV stations in accordance with the values specified in Table B (co-channel frequencies based on 40 dB protection) and Table E (adjacent channel frequencies based on 0 dB protection) in § 90.309 of this chapter. For base and fixed stations having an antenna height (HAAT) between 152-914 meters (500-3,000 ft.) the effective radiated power must be reduced below 1 kilowatt in accordance with the values shown in the power reduction graph in Figure B in § 90.309 of this chapter. For heights of more than 152 m. (500 ft.) above average terrain, the distance to the radio path horizon will be calculated assuming smooth earth. If the distance so determined equals or exceeds the distance to the hypothetical or equivalent Grade B contour of a co-channel TV/DTV station (i.e., it exceeds the distance from the appropriate Table in § 90.309 of this chapter to the relevant TV/DTV station), an authorization will not be granted unless it can be shown in an engineering study (see paragraph (b)(1)(iii) of this section) that actual terrain considerations are such as to provide the desired protection at the actual Grade B contour (64 dBµV/m for TV and 41 dBµV/m for DTV stations) or unless the effective radiated power will be further reduced so that, assuming free space attenuation, the desired protection at the actual Grade B contour (64 dBµV/m for TV and 41 dBµV/m coverage contour for DTV stations) will be achieved. Directions for calculating powers, heights, and reduction curves are listed in § 90.309 of this chapter for land mobile stations. Directions for calculating coverage contours are listed in §§ 73.683 through 73.685 of this chapter for TV stations and in § 73.625 of this chapter for DTV stations.

(ii) Control, fixed, and mobile stations (including portables) that operate in the 787-788 MHz and 805-806 MHz bands and control and mobile stations (including portables) that operate in the 698-757 MHz and 776-787 MHz bands are limited in height and power and therefore shall afford protection to co-channel and adjacent channel TV/DTV stations in the following manner:

(A) For control, fixed, and mobile stations (including portables) that operate in the 787-788 MHz and 805-806 MHz bands and control and mobile stations (including portables) that operate in the 746-757 MHz and 776-787 MHz bands, co-channel protection shall be afforded in accordance with the values specified in Table D (co-channel frequencies based on 40 dB protection for TV stations and 17 dB for DTV stations) in § 90.309 of this chapter.

(B) For control and mobile stations (including portables) that operate in the 698-746 MHz band, co-channel protection shall be afforded to TV stations in accordance with the values specified in Table D (co-channel frequencies based on 40 dB protection) and to DTV stations by providing 23 dB protection to such stations' equivalent Grade B contour (41 dBµV/m).

(C) For control, fixed, and mobile stations (including portables) that operate in the 787-788 MHz and 805-806 MHz bands and control and mobile stations (including portables) that operate in the 698-757 MHz and 776-787 MHz bands, adjacent channel protection shall be afforded by providing a minimum distance of 8 kilometers (5 miles) from all adjacent channel TV/DTV station hypothetical or equivalent Grade B contours (adjacent channel frequencies based on 0 dB protection for TV stations and −23 dB for DTV stations).

(D) Since control, fixed, and mobile stations may affect different TV/DTV stations than the associated base or fixed station, particular care must be taken by applicants/licensees to ensure that all appropriate TV/DTV stations are considered (e.g., a base station may be operating within TV Channel 62 and the mobiles within TV Channel 67, in which case TV Channels 61, 62, 63, 66, 67 and 68 must be protected). Control, fixed, and mobile stations shall keep a minimum distance of 96.5 kilometers (60 miles) from all adjacent channel TV/DTV stations. Since mobiles and portables are able to move and communicate with each other, licensees must determine the areas where the mobiles can and cannot roam in order to protect the TV/DTV stations.

Note to § 27.60:

The 88.5 km (55mi) Grade B service contour (64 dBµV/m) is based on a hypothetical TV station operating at an effective radiated power of one megawatt, a transmitting antenna height above average terrain of 610 meters (2000 feet) and the Commission's R-6602 F(50,50) curves. See § 73.699 of this chapter. Maximum facilities for TV stations operating in the UHF band are 5 megawatts effective radiated power at an antenna HAAT of 610 meters (2,000 feet). See § 73.614 of this chapter. The equivalent contour for DTV stations is based on a 41 dBµV/m signal strength and the distance to the F(50,90) curve. See § 73.625 of this chapter.

[72 FR 48852, Aug. 24, 2007, as amended at 79 FR 599, Jan. 6, 2014]

§§ 27.61-27.62 [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 International 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]

§ 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. This ITU document is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 and approved by the Director of Federal Register. Copies of the recommendation may be obtained from ITU, Place des Nations, 1211 Geneva 20, Switzerland, or online at http://www.itu.int/en/publications/Pages/default.aspx. You may inspect a copy at the Federal Communications Commission's Reference Information Center, located at the address of the FCC's main office indicated in 47 CFR 0.401(a), Tel: (202) 418-0270, or at the National Archives and Records Administration (NARA).

(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]

§ 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) RN 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) Tm 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−Tm]/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 EBS programming requirements.

§ 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 (hbm) 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 (Dkm2) and then divided by 17. That is, hb (m) = Dkm2/17. 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 (hbm). 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 (hbm).

(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]

Protection of Other Services

§ 27.1310 Protection of Broadcast Television Service in the 600 MHz band from wireless operations.

(a) Licensees authorized to operate wireless services in the 600 MHz band must cause no harmful interference to public reception of the signals of broadcast television stations transmitting co-channel or on an adjacent channel.

(1) Such wireless operations must comply with the D/U ratios in Table 5 in OET Bulletin No. 74, Methodology for Predicting Inter-Service Interference to Broadcast Television from Mobile Wireless Broadband Services in the UHF Band ([DATE]) (“OET Bulletin No. 74”). Copies of this document are available on the FCC's website. See https://www.fcc.gov/general/oet-bulletins-line.

(2) If a 600 MHz band licensee causes harmful interference within the noise-limited contour or protected contour of a broadcast television station that is operating co-channel or on an adjacent channel, the 600 MHz band licensee must eliminate the harmful interference.

(b) A licensee authorized to operate wireless services in the 600 MHz downlink band:

(1) Is not permitted to deploy wireless base stations within the noise-limited contour or protected contour of a broadcast television station licensed on a co-channel or adjacent channel in the 600 MHz downlink band;

(2) Is required to perform an interference study using the methodology in OET Bulletin No. 74 before deploying or operating wireless base stations within the culling distances specified in Tables 7-12 of OET Bulletin No. 74 from the noise-limited contour or protected contour of such a broadcast television station;

(3) Is required to perform an interference study using the methodology in OET Bulletin No. 74 when modifying a base station within the culling distances in Tables 7-12 of OET Bulletin 74 that results in an increase in energy in the direction of co-channel or adjacent channel broadcast television station's contours;

(4) Is required to maintain records of the latest OET Bulletin No. 74 study for each base station and make them available for inspection to the Commission and, upon a claim of harmful interference, to the requesting broadcasting television station.

(c) A licensee authorized to operate wireless services in the 600 MHz uplink band must limit its service area so that mobile and portable devices do not transmit:

(1) Co-channel or adjacent channel to a broadcast television station within that station's noise-limited contour or protected contour;

(2) Co-channel to a broadcast television station within five kilometers of that station's noise-limited contour or protected contour; and

(3) Adjacent channel to a broadcast television station within 500 meters of that station's noise-limited contour or protected contour.

(d) For purposes of this section, the following definitions apply:

(1) Broadcast television station is defined pursuant to § 73.3700(a)(1) of this chapter;

(2) Noise-limited contour is defined to be the full power station's noise-limited contour pursuant to § 73.622(e);

(3) Protected contour is defined to be a Class A television station's protected contour as specified in section 73.6010;

(4) 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;

(5) 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.

[80 FR 71743, Nov. 17, 2015, as amended at 85 FR 64407, Oct. 13, 2020]

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: .

(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/m2/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/m2/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/m2/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/m2/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.