cation to the Commission, certain additional information; the gains assumed for both the terrestrial and Earth station antennas in the direction of the other station; the calculated transmission loss; and the resulting margin above the controlling objective. The Commission may, in the course of examining any application, require the submission of additional showings, complete with pertinent data and calculations in accordance with Part 25 of this chapter, showing that harmful interference will not likely result from the proposed operation. (Technical characteristics of the Earth stations on file and coordination contour maps for those Earth stations will be kept on file for public inspection in the offices of the Commission's Common Carrier Bureau in Washington, D.C.)

(d) Each applicant filing pursuant to paragraph (c) of this section shall also ascertain in advance whether the beam of his proposed antenna(s) intersects the beam of any Earth station antenna within the rain scatter coordination distance contour of which the terrestrial antenna is located, below the altitude given in table 1 of § 25.254(b) of this chapter for the rain climate in which the Earth station is located. In general such intersections will not be permitted. For the purposes of this paragraph, the beam of an antenna is to be taken as that portion of the antenna radiation pattern inside of which the gain is within 15 dB of the maximum antenna gain. The concepts of rain climate and rain scatter coordination distance contour are as defined in § 25.254 of this chapter. In certain cases, for good cause shown, intersections may be permitted on an individual waiver basis. In such cases, the applicant shall also submit with his application a showing setting forth (1) the nature of the proposed beam intersection, (2) the Earth station operator or applicant with whom coordination was attempted and the results of the coordination, and (3) the technical basis on which it was concluded that harmful interference will not likely result from this beam intersection.

§ 21.707 Stations at temporary fixed locations.

(a) Authorizations may be issued upon proper application for the use of frequencies listed in § 21.701(a) by stations in the Point-to-Point Microwave Radio Service for rendition of temporary service to subscribers under the following conditions:

(1) When a fixed station is to remain at a single location for less than 6 months, the location is considered to be temporary. Services which are initially known to be of longer than 6 months' duration shall not be provided under a temporary fixed authorization but rendered pursuant to a regular license.

(2) When a fixed station, authorized to operate at temporary locations, is to remain at a single location for more than six months, applications (FCC Forms 401 and 403) for a station authorization designating that single location as the permanent location shall be filed at least 30 days prior to the expiration of the six-month period.

(3) The station shall be used only for rendition of communication service at a remote point where the provision of wire facilities is not practicable.

(4) The antenna structure height employed at any location shall not exceed the criteria set forth in § 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure height for each location has been obtained from the Corunission prior to erection of the antenna. See § 21.114.

(b) Applications for authorizations to operate stations at temporary locations under the provisions of this section shall be made upon FCC Form 401, and may be accompanied by completed FCC Form 403 for simultaneous consideration provided the equipment to be used is of "packaged" design. Blanket applications may be submitted for the required number of transmitters.

§ 21.708 Notification of station operation at temporary fixed locations.

(a) The licensee of stations which are authorized pursuant to the provisions of § 21.707 shall notify the Commission, and its Engineer in Charge of

the radio district wherein operation is to be conducted, at least 5 days prior to installation of the facilities, stating: (1) The call sign, manufacturer's name, type or model number, output power and specific location of the transmitter(s).

(2) The maintenance location for the transmitter.

(3) The location of the transmitting or receiving station with which it will communicate and the identity of the correspondent operating such facili

ties.

(4) The exact frequency or frequencies to be used.

(5) The public interest, convenience and necessity to be served by operation of the proposed installation.

(6) The commencement and anticipated termination dates of operation from each location. In the event the actual termination date differs from the previous notification, written notice thereof promptly shall be given to the Commission and its Engineer in Charge.

(7) A notification of operations to be conducted within the coordination distance contours of a fixed earth station shall include compliance with the provisions of § 21.706(c).

(8) Where the notification contemplates initially a service which is to be rendered for a period longer than 90 days, the notification shall contain a showing as to why application should not be made for regular authorization.

(b) Less than 5 days advance notice may be given when circumstances require shorter notice provided such notice is promptly given and the reasons in support of such shorter notice are stated.

(c) A copy of this notification shall be posted with the station license. (See § 21.214.)

§ 21.709 Renewal of station licenses.

(a) An application for renewal of a license of a station in the Domestic Public Point-to-Point Microwave Radio Service used to relay television signals to community antenna television systems must include a showing that at least 50 percent of the customers (on the microwave system involved), including customers of any interconnecting carrier(s), receiving

applicant's service are unrelated and unaffiliated with the applicant, and that the usage by such customers, in terms of hours of use and channels delivered, constitutes at least 50 percent of the usage of applicant's microwave system. Applications which do not contain the showing required by this section will be returned as unacceptable for filing.

(b) Applicants whose licenses expired on February 1, 1961, or 1963, and who have renewal applications pending before the Commission, or presently authorized common carrier licensees whose licenses will expire on February 1, 1966, who serve affiliated or related customers may become licensees in the Community Antenna Relay Service upon application therein and be granted a waiver of the Commission's rules so that they may be authorized to continue to use common carrier frequencies under the technical standards applicable to such frequencies until February 1, 1971, if they elect to do so. Such election must be made and an application filed in the Community Antenna Relay Service within sixty (60) days after the issuance of a Report and Order on Parts II and IV of Docket No. 15586. Pending such election time, renewal applications which do not comply with the provisions of paragraph (a) of this section will be granted only for such period of time as is necessary to preserve the opportunity for election. The license issued in the Community Antenna Relay Service will not be renewable on the common carrier frequencies. Applications for renewal of such licenses shall be filed for frequencies assigned to the Community Antenna Relay Service.

(c) Any application for renewal of license, for a term commencing January 1, 1975, or after, involving facilities utilizing frequency diversity must contain a statement showing compliance with § 21.100(c) or the exceptions recognized in paragraph 141 of the "First Report and Order" in Docket No. 18920 (FCC 71-547). If not in compliance, a complete statement with the reasons therefor shall be submitted.

(d) Each applicant for renewal of license for a term commencing between January 1, 1976 and January 1, 1981

shall submit with the application all of the technical parameters of the station (as licensed) listed on page 1 of FCC Form 435. If the same information has previously been submitted for the station on a Form 435, this requirement will be waived. Applicants are urged to file this information on punched cards in accordance with the Commission publication Punched Card Format for Common Carrier Microwave Applications. (Copies of this publication may be obtained through the Common Carrier Bureau.)

§ 21.710 Limitations on path lengths and channel loading.

(a) Frequencies in the following bands may not be used on transmission paths shorter than the indicated distances.

bands. Absent extraordinary circumstances, applications proposing additional frequencies over existing routes will not be granted unless it is shown that the traffic load will shortly exhaust the capacity of the existing equipment. For the 3700-4200 MHz band, all persons intending to utilize baseband frequencies above 7.3 MHz, or to operate with more than 1500 equivalent 4 kHz voice channels per radio channel, must submit evidence of coordination pursuant to § 21.100(d). Where no construction of radio facilities is requested, licensees must submit this evidence with their filing of any necessary authority required pursuant to section 214 of the Communications Act and Part 63 of this chapter.

(b) Exception to the limits in paragraph (a) of this section may be made by the Commission when a showing (with supporting facts) is made that use of a frequency in conformance with the rule would entail excessive cost in construction or maintenance or would otherwise create substantial difficulties. The alternate frequency proposal must be shown to be consistent with good engineering practice under the circumstances. Stricter adherence to these limitations is expected in areas of general frequency congestion. The distance limitation does not apply to a frequency which is power split if one transmission path utilizing that frequency meets the minimum distance requirement.

(c) Except for video transmission, an application for an initial working channel over a given route will not be accepted for filing where the anticipated loading (within five years or other period subject to reasonable projection) is less than the minimum specified for the following frequency

10,700 to 11,700 (bandwidth more than 20 MHz)..

Where transmitters employing digital modulation techniques are designed to be used so that two may simultaneously operate on the same frequency over the same path, the minimum number of voice channels specified above is reduced from 900 to 500 per transmitter for the bands 3,700-4,200 MHz, 5,9256,425 MHz, and 10,700-11,700 MHz.

[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 16493, Apr. 18, 1983]

§ 21.711 Special requirements for operation in the band 38,600-40,000 MHz. Assigned frequency channels in the band 38,600-40,000 MHz may be subdivided and used anywhere in the authorized service area, subject to the following terms and conditions:

(a) No interference shall be caused to a previously existing station operating in another authorized service area.

(b) The Commission's Engineer in Charge of the radio district in which the intended operation is located shall

be notified prior to the commencement of operation of each frequency path. Such notice shall include:

(1) The authorized call sign, transmitter station location number (assigned by the carrier in sequence of use beginning with number one) and transmitting station coordinates;

(2) Receiving station location number and coordinates;

(3) The exact frequency or frequencies to be used (which shall be considered the assigned frequency or frequencies); and

(4) Anticipated date of commencement of operation.

(c) The Engineer in Charge shall be notified within 10 days of the termination of any operation. The notice shall contain similar information to that contained in the notice of commencement of operation.

(d) Each operating station shall have posted a copy of the service area authorization and a copy of the notification provided to the Engineer in Charge.

(e) Twice each year, no later than January 31 and July 31, the Commission and the Engineer in Charge shall be provided a complete list (in tabular form) of all operations in each authorized service area (listing information as contained in the notices) current as of the previous January 1 or July 1. If no change has occurred since the previous list was filed, a statement to that effect will be sufficient.

(f) The antenna structure height employed at any location shall not exceed the criteria set forth in § 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure for each location has been obtained from the Commission prior to the erection of the antenna.

or before the filing date of the application, filed any necessary application for certificate of compliance, pursuant to 76.11 and 76.13 of this chapter. Such statement by the applicant shall identify the application for certificate of compliance by the name of the cable television system for which the certificate is sought, the community and area served or to be served, the date on which the application was filed, and the file number (if available).

Subpart J-Local Television Transmission Service

§ 21.800 Eligibility.

Authorizations for stations in this service will be granted to existing and proposed communication common carriers. Applications will be granted only in cases where it is shown that (a) the applicant is legally, financially, technically and otherwise qualified to render the proposed service, (b) there are frequencies available to enable the applicant to render a satisfactory service, and (c) the public interest, convenience or necessity would be served by a grant thereof.

8 21.801 Frequencies.

(a) Frequencies in the following bands are available for assignment to television pickup and television nonbroadcast pickup stations in this service:

6425-6525 MHz

11,700-12,200 MHz3 13,200-13,250 MHz1 21,200-22,000 MHz1 24 5 22,000-23,600 MHz1 2 5

1 This frequency band is shared with fixed and mobile stations licensed under Part 21 and other parts of the Commission's Rules.

2 This frequency band is shared with Government stations. This frequency band is shared, on a secondary basis, with stations in the broadcasting-satellite and fixed-satellite services.

• This frequency band is shared with stations in the earthexploration satellite service.

* Assignments to common carriers in this band are normally made in the segments 21,200-21,800 MHz and 22,40023,000 MHz and to operational fixed users in the segments 21,800-22,400 MHz and 23,000-23,600 MHz. Assignments may be made otherwise only upon a showing that interference free frequencies are not available in the normally assigned band segments.

This frequency band is shared with television pickup stations licensed under Part 74 of the Commission's Rules. However, Part 74 licensees are secondary to Part 21 licensees in this band (see §2.105(e)(3) for definition of "Primary" and "Secondary")

33-168 0-85--6

(b) In the event that a television broadcast station licensee engages a communication common carrier to provide television pickup or television STL, service, the frequencies listed in § 74.602(a) of this chapter may be assigned to the communication common carrier in the Local Television Transmission Service for the sole purpose of providing such service to the television broadcast station of that licensee. Frequency availability is subject to the provisions of § 74.602(g) of this chapter and the use of the facility is limited to the permissible uses described in § 74.631 of this chapter. All operation on these channels is subject to the technical provisions of Part 74, Subpart F of this chapter.

This frequency band is shared with stations in the Point to Point Microwave Radio Service and, in United States Possessions in the Caribbean area, with stations in the International Fixed Radiocommunications Services.

* This frequency band is shared with fixed and mobile stations licensed under Part 21 and other parts of the Commission's rules.

"This frequency band is shared with space stations (space to earth) in the fixed-satellite service.

This frequency band is shared with Government stations. This frequency band is shared with earth stations (earth to space) in the fixed-satellite services.

The band segments 10.95-11.2 and 11.45-11.7 GHz are shared with space stations (space to earth) in the fixedsatellite service.

"This frequency band is shared with space stations (space to earth) in the earth exploration satellite service.

8 Assignments to common carriers in this band are normally made in the segments 21,200-21,800 MHz and 22,40023,000 MHz and to operational fixed users in the segments 21,800-22,400 MHz and 23,000-23,600 MHz. Assignments may be made otherwise only upon a showing that interference free frequencies are not available in the appropriate band segments.

(e) [Reserved]

(f) On the condition that harmful interference will not be caused to services operating in accordance with the Table of Frequency Allocations, persons holding valid station authorizations on July 15, 1963, to provide television nonbroadcast pickup service in the 6525-6575 MHz band may be authorized to continue use of the frequencies specified in their authorization for such operations until July 15, 1968.

(g) [Reserved]

(h) The frequency 27.255 MHz in the 27.23-27.28 MHz band is allocated for assignment to microwave auxiliary stations in this service on a shared basis with other radio services. Assignments to stations on this frequency will not be protected from such interference as may be experienced from the emissions of industrial, scientific and medical equipment operating on 27.12 MHz in accordance with § 2.106 of this chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 47 FR 955, Jan. 8, 1982]

§ 21.802 Assignment of frequencies to mobile stations.

The assignment of frequencies to mobile stations in this service shall not be limited to a single licensee within any area. However, geographiIcal limits within which mobile units may operate may be imposed by the Commission.

§ 21.803 Transmitter power.

Stations in this service shall not be authorized to use transmitters having a rated power output in excess of the limits set forth in § 21.107(b) and a standby transmitter having a rated power output in excess of that of the main transmitter with which it is associated will not be authorized.

§ 21.804 Bandwidth and emission limitations.

(a) Stations in this service operating on frequencies in the 27.23-27.28 MHz band shall be authorized to employ only amplitude modulated or frequency modulated emission for radiotelephony. The authorization to use such emissions shall be construed to include authority to employ unmodulated emission only for temporary or short periods necessary for equipment testing incident to the construction and maintenance of the station.

(b) Stations in the service operating on frequencies above 940 MHz may be authorized to use amplitude modulated, frequency modulated or pulse type of emission for radiotelephony and television. In addition, the use of unmodulated emission may be authorized in appropriate cases.