PART 24—PERSONAL COMMUNICATIONS SERVICES Authority: 47 U.S.C. 154, 301, 302a, 303, 309 and 332. Source: 58 FR 59183, Nov. 8, 1993, unless otherwise noted. Redesignated at 59 FR 18499, Apr. 19, 1994. Subpart A—General Information § 24.1 Basis and purpose. This section contains the statutory basis for this part of the rules and provides the purpose for which this part is issued. (a) Basis. (b) Purpose. (c) Scope. [58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, and amended at 59 FR 32854, June 24, 1994] § 24.2 [Reserved] § 24.3 Permissible communications. PCS licensees may provide any mobile communications service on their assigned spectrum. Fixed services may be provided on a co-primary basis with mobile operations. Broadcasting as defined in the Communications Act is prohibited. [61 FR 45356, Aug. 29, 1996] § 24.5 Terms and definitions. Assigned Frequency. Authorized Bandwidth. Average Terrain. Base Station. Broadband PCS. Effective Radiated Power in a given direction Equivalent Isotropically Radiated Power (e.i.r.p.). Fixed Service. Fixed Station. Land Mobile Service. Land Mobile Station. Land Station. Mobile Service. Mobile Station. Narrowband PCS. National Geodetic Reference System (NGRS): PCS Relocator. Personal Communications Services (PCS). Universal Licensing System. UTAM. Voluntarily Relocating Microwave Incumbent [58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, and amended at 61 FR 29691, June 12, 1996; 62 FR 12757, Mar. 18, 1997; 63 FR 68952, Dec. 14, 1998] § 24.9 Operation of certificated signal boosters. Individuals and non-individuals may operate certificated Consumer Signal Boosters on frequencies regulated under this part provided that such operation complies with all applicable rules under this part and § 20.21 of this chapter. Failure to comply with all applicable rules voids the authority to operate a signal booster. [78 FR 21564, Apr. 11, 2013] Subpart B—Applications and Licenses General Filing Requirements § 24.10 [Reserved] § 24.11 Initial authorization. (a) An applicant must file a single application for an initial authorization for all markets won and frequency blocks desired. (b) Blanket licenses are granted for each market and frequency block. Applications for individual sites are not required and will not be accepted. [59 FR 32854, June 24, 1994, as amended at 63 FR 68952, Dec. 14, 1998] § 24.12 Eligibility. Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to hold a license under this part. [70 FR 61059, Oct. 20, 2005] § 24.15 License period. Licenses for service areas will be granted for ten year terms from the date of original issuance or renewal. Subpart C—Technical Standards § 24.50 [Reserved] § 24.51 Equipment authorization. (a) Each transmitter utilized for operation under this part and each transmitter marketed, as set forth in § 2.803 of this chapter, must be of a type that has been authorized by the Commission under its certification procedure for use under this part. (b) Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter. Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter. [58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, as amended at 63 FR 36604, July 7, 1998; 85 FR 18150, Apr. 1, 2020] § 24.52 [Reserved] § 24.53 Calculation of height above average terrain (HAAT). (a) HAAT is determined by subtracting average terrain elevation from antenna height above mean sea level. (b) Average terrain elevation shall be calculated using elevation data from a 30 arc second or better Digital Elevation Models (DEMs). DEM data is available from United States Geological Survey (USGS). The data file shall be identified. If 30 arc second data is used, the elevation data must be processed for intermediate points using interpolation techniques; otherwise, the nearest point may be used. If DEM data is not available, elevation data from the Defense Mapping Agency's Digital Chart of the World (DCW) may be used. (c) Radial average terrain elevation is calculated as the average of the elevation along a straight line path from 3 to 16 kilometers extending radially from the antenna site. At least 50 evenly spaced data points for each radial shall be used in the computation. (d) Average terrain elevation is the average of the eight radial average terrain elevations (for the eight cardinal radials). (e) The position location of the antenna site shall be determined to an accuracy of no less than ±5 meters in both the horizontal (latitude and longitude) and vertical (ground elevation) dimensions with respect to the National Geodetic Reference System. [58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994] § 24.55 Antenna structures; air navigation safety. Licensees that own their antenna structures must not allow these antenna structures to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter, and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, each FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter. See (a) Marking and lighting. (b) Maintenance contracts. [61 FR 4366, Feb. 6, 1996] Subpart D—Narrowband PCS § 24.100 Scope. This subpart sets out the regulations governing the licensing and operations of personal communications services authorized in the 901-902, 930-931, and 940-941 MHz bands (900 MHz band). § 24.101 [Reserved] § 24.102 Service areas. Narrowband PCS service areas are nationwide, regional, and Major Trading Areas (MTAs), as defined in this section. MTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39 (MTA Map). Rand McNally organizes the 50 States and the District of Columbia into 47 MTAs. The MTA Map is available on the FCC's website at www.fcc.gov/auctions (a) The nationwide service area consists of the fifty states, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and United States Virgin Islands. (b) The regional service areas are defined as follows: (1) Region 1 (Northeast): The Northeast Region consists of the following MTAs: Boston-Providence, Buffalo-Rochester, New York, Philadelphia, and Pittsburgh. (2) Region 2 (South): The South Region consists of the following MTAs: Atlanta, Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, Knoxville, Louisville-Lexington-Evansville, Nashville, Miami-Fort Lauderdale, Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and Washington-Baltimore; and, Puerto Rico and United States Virgin Islands. (3) Region 3 (Midwest): The Midwest Region consists of the following MTAs: Chicago, Cincinnati-Dayton, Cleveland, Columbus, Des Moines-Quad Cities, Detroit, Indianapolis, Milwaukee, Minneapolis-St. Paul, and Omaha. (4) Region 4 (Central): The Central Region consists of the following MTAs: Birmingham, Dallas-Fort Worth, Denver, El Paso-Albuquerque, Houston, Kansas City, Little Rock, Memphis-Jackson, New Orleans-Baton Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita. (5) Region 5 (West): The West Region consists of the following MTAs: Honolulu, Los Angeles-San Diego, Phoenix, Portland, Salt Lake City, San Francisco-Oakland-San Jose, Seattle (including Alaska), and Spokane-Billings; and, American Samoa, Guam, and the Northern Mariana Islands. (c) The MTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, (1) Alaska is separated from the Seattle MTA and is licensed separately. (2) Guam and the Northern Mariana Islands are licensed as a single MTA-like area. (3) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area. (4) American Samoa is licensed as a single MTA-like area. [59 FR 14118, Mar. 25, 1994, as amended at 59 FR 46199, Sept. 7, 1994; 65 FR 35852, June 6, 2000; 85 FR 64407, Oct. 13, 2020] § 24.103 Construction requirements. (a) Nationwide narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 750,000 square kilometers or serve 37.5 percent of the U.S. population within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 1,500,000 square kilometers or serve 75 percent of the U.S. population within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section. (b) Regional narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 150,000 square kilometers or serve 37.5 percent of the population of the service area within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 300,000 square kilometers or serve 75 percent of the service area population within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section. (c) MTA narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 75,000 square kilometers or 25 percent of the geographic area, or serve 37.5 percent of the population of the service area within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 150,000 square kilometers or 50 percent of the geographic area, or serve 75 percent of the population of the service area within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section. (d) As an alternative to the requirements of paragraphs (a), (b), and (c) of this section, narrowband PCS licensees may demonstrate that, no later than ten years after the initial grant of their license, they provide substantial service to their licensed area. Licensees choosing this option must notify the FCC by filing FCC Form 601, no later than 15 days after the end of the five year period following the initial grant of their license, that they plan to satisfy the alternative requirement to provide substantial service. “Substantial service” is defined as service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal. (e) In demonstrating compliance with the construction requirements set forth in this section, licensees must base their calculations on signal field strengths that ensure reliable service for the technology utilized. Licensees may determine the population of geographic areas included within their service contours using either the 1990 census or the 2000 census, but not both. (1) For the purpose of this section, the service radius of a base station may be calculated using the following formula: d km m 0.17 where d km h m p is the e.r.p. of the base station in watts. (2) Alternatively, licensees may use any service radius contour formula developed or generally used by industry, provided that such formula is based on the technical characteristics of their system. (f) Upon meeting the five and ten year benchmarks in paragraphs (a), (b), and (c) of this section, or upon meeting the substantial service alternative in paragraph (d), licensees shall notify the Commission by filing FCC Form 601 and including a map and other supporting documentation that demonstrate the required geographic area coverage, population coverage, or substantial service to the licensed area. The notification must be filed with the Commission within 15 days of the expiration of the relevant period. (g) If the sale of a license is approved, the new licensee is held to the original build-out requirement. (h) Failure by a licensee to meet the above construction requirements shall result in forfeiture of the license and ineligibility to regain it. [59 FR 14118, Mar. 25, 1994, as amended at 65 FR 35852, June 6, 2000] § 24.104 Partitioning and disaggregation. Nationwide, regional, and MTA licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time following grant of their geographic area authorizations. (a) Application required. (b) Partitioning. e.g. (c) Disaggregation. (d) Combined partitioning and disaggregation. (e) License term. [65 FR 35853, June 6, 2000, as amended at 82 FR 41547, Sept. 1, 2017] Effective Date Note: At 65 FR 35853, June 6, 2000, § 24.104 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 24.129 Frequencies. The following frequencies are available for narrowband PCS: (a) Eighteen frequencies are available for assignment on a nationwide basis as follows: (1) Seven 50 kHz channels paired with 50 kHz channels: Channel 1: 940.00-940.05 and 901.00-901.05 MHz; Channel 2: 940.05-940.10 and 901.05-901.10 MHz; Channel 3: 940.10-940.15 and 901.10-901.15 MHz; Channel 4: 940.15-940.20 and 901.15-901.20 MHz; Channel 5: 940.20-940.25 and 901.20-901.25 MHz; Channel 19: 930.50-930.55 and 901.30-901.35 MHz; and Channel 20: 930.75-930.80 and 901.90-901.95 MHz. (2) Three 50 kHz channels paired with 12.5 kHz channels: Channel 6: 930.40-930.45 and 901.7500-901.7625 MHz; Channel 7: 930.45-930.50 and 901.7625-901.7750 MHz; and Channel 8: 940.75-940.80 and 901.7750-901.7875 MHz; (3) Two 50 kHz unpaired channels: Channel 9: RESERVED; Channel 10: 940.80-940.85 MHz; and Channel 11: 940.85-940.90 MHz. (4) One 100 kHz unpaired channel: Channel 18: 940.65-940.75 MHz. (5) Two 150 kHz channels paired with 50 kHz channels: Channel 21: 930.00-930.15 and 901.50-901.55 MHz; and Channel 22: 930.15-930.30 and 901.60-901.65 MHz. (6) Three 100 kHz channels paired with 50 kHz channels: Channel 23: 940.55-940.65 and 901.45-901.50 MHz; Channel 24: 940.30-940.40 and 901.55-901.60 MHz; and Channel 25: 940.45-940.55 and 901.85-901.90 MHz. (b) Five frequencies are available for assignment on a regional basis as follows: (1) One 50 kHz channel paired with 50 kHz channel: Channel 12: 940.25-940.30 and 901.25-901.30 MHz. Channel 13: RESERVED. (2) Four 50 kHz channels paired with 12.5 kHz channels: Channel 14: 930.55-930.60 and 901.7875-901.8000 MHz; Channel 15: 930.60-930.65 and 901.8000-901.8125 MHz; Channel 16: 930.65-930.70 and 901.8125-901.8250 MHz; and Channel 17: 930.70-930.75 and 901.8250-901.8375 MHz. (c) Seven frequencies are available for assignment on an MTA basis as follows: (1) Three 50 kHz unpaired channels: Channel 26: 901.35-901.40 MHz; Channel 27: 901.40-901.45 MHz; and Channel 28: 940.40-940.45 MHz. (2) One 50 kHz channel paired with 50 kHz channel: Channel 29: 930.80-930.85 and 901.95-902.00 MHz. (3) One 100 kHz channel paired with 50 kHz channel: Channel 30: 930.30-930.40 and 901.65-901.70 MHz. (4) One 150 kHz channel paired with 50 kHz channel: Channel 31: 930.85-931.00 and 901.7-901.75 MHz. (5) One 100 kHz channel paired with 12.5 kHz channel: Channel 32: 940.90-941 and 901.8375-901.85 MHz. Note to § 24.129: Operations in markets or portions of markets which border other countries, such as Canada and Mexico, will be subject to on-going coordination arrangements with neighboring countries. [66 FR 29920, June 4, 2001] § 24.130 [Reserved] § 24.131 Authorized bandwidth. The authorized bandwidth of narrowband PCS channels will be 10 kHz for 12.5 kHz channels and 45 kHz for 50 kHz channels. For aggregated adjacent channels, a maximum authorized bandwidth of 5 kHz less than the total aggregated channel width is permitted. § 24.132 Power and antenna height limits. (a) Stations transmitting in the 901-902 MHz band are limited to 7 watts e.r.p. (b) Mobile stations transmitting in the 930-931 MHz and 940-941 MHz bands are limited to 7 watts e.r.p. (c) Base stations transmitting in the 930-931 MHz and 940-941 MHz bands are limited to 3500 watts e.r.p. per authorized channel and are unlimited in antenna height except as provided in paragraph (d) of this section. (d)(1) MTA and regional base stations located between 200 kilometers (124 miles) and 80 kilometers (50 miles) from their licensed service area border are limited to the power levels in the following table: Antenna HAAT in meters (feet) (see § 24.53 for HAAT HAAT calculation method) Effective radiated power (e.r.p.) (watts) 183 (600) and below 3500 183 (600) to 208 (682) 3500 to 2584 208 (682) to 236 (775) 2584 to 1883 236 (775) to 268 (880) 1883 to 1372 268 (880) to 305 (1000) 1372 to 1000 305 (1000) to 346 (1137) 1000 to 729 346 (1137) to 394 (1292) 729 to 531 394 (1292) to 447 (1468) 531 to 387 447 (1468) to 508 (1668) 387 to 282 508 (1668) to 578 (1895) 282 to 206 578 (1895) to 656 (2154) 206 to 150 656 (2154) to 746 (2447) 150 to 109 746 (2447) to 848 (2781) 109 to 80 848 (2781) to 963 (3160) 80 to 58 963 (3160) to 1094 (3590) 58 to 42 1094 (3590) to 1244 (4080) 42 to 31 1244 (4080) to 1413 (4636) 31 to 22 Above 1413 (4636) 16 (2) For heights between the values listed in the table, linear interpolation shall be used to determine maximum e.r.p. (e) MTA and regional base stations located less than 80 kilometers (50 miles) from the licensed service area border must limit their effective radiated power in accordance with the following formula: PW = 0.0175 × dkm* * 6.6666 × x hm* * − 3.1997 PW is effective radiated power in watts dkm is distance in kilometers hm is antenna HAAT in meters; see § 24.53 for HAAT calculation method (f) All power levels specified in this section are expressed in terms of the maximum power, averaged over a 100 millisecond interval, when measured with instrumentation calibrated in terms of an rms-equivalent voltage with a resolution bandwidth equal to or greater than the authorized bandwidth. (g) Additionally, PCS stations will be subject to any power limits imposed by international agreements. [58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994, as amended at 62 FR 27511, May 20, 1997; 65 FR 35853, June 6, 2000] § 24.133 Emission limits. (a) The power of any emission shall be attenuated below the transmitter power (P), as measured in accordance with § 24.132(f), in accordance with the following schedule: (1) For transmitters authorized a bandwidth greater than 10 kHz: (i) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d 10 d 10 (ii) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d 10 (2) For transmitters authorized a bandwidth of 10 kHz: (i) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d 10 d 10 (ii) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d 10 (b) The measurements of emission power can be expressed in peak or average values provided they are expressed in the same parameters as the transmitter power. (c) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. (d) The following minimum spectrum analyzer resolution bandwidth settings will be used: 300 Hz when showing compliance with paragraphs (a)(1)(i) and (a)(2)(i) of this section; and 30 kHz when showing compliance with paragraphs (a)(1)(ii) and (a)(2)(ii) of this section. [58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, as amended at 59 FR 14119, Mar. 25, 1994; 66 FR 10968, Feb. 21, 2001] § 24.134 Co-channel separation criteria. The minimum co-channel separation distance between base stations in different service areas is 113 kilometers (70 miles). A co-channel separation distance is not required for the base stations of the same licensee or when the affected parties have agreed to other co-channel separation distances. § 24.135 Frequency stability. (a) The frequency stability of the transmitter shall be maintained within ±0.0001 percent (±1 ppm) of the center frequency over a temperature variation of −30 °Celsius to + 50 °Celsius at normal supply voltage, and over a variation in the primary supply voltage of 85 percent to 115 percent of the rated supply voltage at a temperature of 20 °Celsius. (b) For battery operated equipment, the equipment tests shall be performed using a new battery without any further requirement to vary supply voltage. (c) It is acceptable for a transmitter to meet this frequency stability requirement over a narrower temperature range provided the transmitter ceases to function before it exceeds these frequency stability limits. Subpart E—Broadband PCS Source: 59 FR 32854, June 24, 1994, unless otherwise noted. § 24.200 Scope. This subpart sets out the regulations governing the licensing and operations of personal communications services authorized in the 1850-1910 and 1930-1990 MHz bands. § 24.202 Service areas. Broadband PCS service areas are Major Trading Areas (MTAs) and Basic Trading Areas (BTAs) as defined in this section. MTAs and BTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39 (“BTA/MTA Map”). Rand McNally organizes the 50 states and the District of Columbia into 47 MTAs and 487 BTAs. The BTA/MTA Map is available is available on the FCC's website at www.fcc.gov/auctions (a) The MTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide (1) Alaska is separated from the Seattle MTA and is licensed separately. (2) Guam and the Northern Mariana Islands are licensed as a single MTA-like area. (3) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area. (4) American Samoa is licensed as a single MTA-like area. (b) The BTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide [59 FR 32854, June 24, 1994; 59 FR 40835, Aug. 10, 1994; 63 FR 68952, Dec. 14, 1998; 65 FR 53636, Sept. 5, 2000; 85 FR 64407, Oct. 13, 2020] § 24.203 Construction requirements. (a) Licensees of 30 MHz blocks must serve with a signal level sufficient to provide adequate service to at least one-third of the population in their licensed area within five years of being licensed and two-thirds of the population in their licensed area within ten years of being licensed. Licensees may, in the alternative, provide substantial service to their licensed area within the appropriate five- and ten-year benchmarks. Licensees may choose to define population using the 1990 census or the 2000 census. Failure by any licensee to meet these requirements will result in forfeiture or non-renewal of the license and the licensee will be ineligible to regain it. (b) Licensees of 10 MHz blocks except for the 1910-1915 MHz and 1990-1995 MHz, including 10 MHz C block licenses reconfigured pursuant to Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order, FCC 00-313, and 15 MHz blocks resulting from the disaggregation option as provided in the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket 97-82, 12 FCC Rcd 16436 (1997), as modified by Order on Reconsideration of the Second Report and Order, WT Docket 97-82, 13 FCC Rcd 8345 (1998), must serve with a signal level sufficient to provide adequate service to at least one-quarter of the population in their licensed area within five years of being licensed, or make a showing of substantial service in their licensed area within five years of being licensed. Population is defined as the 1990 population census. Licensees may elect to use the 2000 population census to determine the five-year construction requirement. Failure by any licensee to meet these requirements will result in forfeiture of the license and the licensee will be ineligible to regain it. (c) Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses. (d) Licensees in the paired 1910-1915 MHz and 1990-1995 MHz bands must make a showing of “substantial service” in their license area within ten years of the date of initial license issuance or renewal. “Substantial service” is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. [58 FR 59183, Nov. 8, 1993, as amended at 64 FR 26890, May 18, 1999; 65 FR 53636, Sept. 5, 2000; 69 FR 67835, Nov. 22, 2004; 69 FR 75171, Dec. 15, 2004] § 24.229 Frequencies. The frequencies available in the Broadband PCS service are listed in this section in accordance with the frequency allocations table of § 2.106 of this chapter. (a) The following frequency blocks are available for assignment on an MTA basis: Block A: 1850-1865 MHz paired with 1930-1945 MHz; and Block B: 1870-1885 MHz paired with 1950-1965 MHz. (b) The following frequency blocks are available for assignment on a BTA basis: Block C: 1895-1910 MHz paired with 1975-1990 MHz; Pursuant to Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order Block D: 1865-1870 MHz paired with 1945-1950 MHz; Block E: 1885-1890 MHz paired with 1965-1970 MHz; Block F: 1890-1895 MHz paired with 1970-1975 MHz; (c) The paired frequency blocks 1910-1915 MHz and 1990-1995 MHz are available for assignment in the 175 Economic Areas defined in § 90.7 of this chapter. The 1910-1915 MHz block shall be used for mobile/portable station transmissions while the 1990-1995 MHz block shall be used for base station transmissions. [59 FR 32854, June 24, 1994, as amended at 60 FR 13917, Mar. 15, 1995; 60 FR 26375, May 17, 1995; 61 FR 33868, July 1, 1996; 62 FR 660, Jan. 6, 1997; 65 FR 53637, Sept. 5, 2000; 69 FR 67836, Nov. 22, 2004] § 24.232 Power and antenna height limits. (a)(1) Base stations with an emission bandwidth of 1 MHz or less are limited to 1640 watts equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT, except as described in paragraph (b) below. (2) Base stations with an emission bandwidth greater than 1 MHz are limited to 1640 watts/MHz equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT, except as described in paragraph (b) below. (3) Base station antenna heights may exceed 300 meters HAAT with a corresponding reduction in power; see (4) The service area boundary limit and microwave protection criteria specified in §§ 24.236 and 24.237 apply. Table 1—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth of 1 MHz or Less HAAT in meters Maximum EIRP watts ≤300 1640 ≤500 1070 ≤1000 490 ≤1500 270 ≤2000 160 Table 2—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth Greater Than 1 MHz HAAT in meters Maximum EIRP ≤300 1640 ≤500 1070 ≤1000 490 ≤1500 270 ≤2000 160 (b)(1) Base stations that are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census, with an emission bandwidth of 1 MHz or less are limited to 3280 watts equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT. (2) Base stations that are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census, with an emission bandwidth greater than 1 MHz are limited to 3280 watts/MHz equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT. (3) Base station antenna heights may exceed 300 meters HAAT with a corresponding reduction in power; see (4) The service area boundary limit and microwave protection criteria specified in §§ 24.236 and 24.237 apply. (5) Operation under this paragraph (b) at power limits greater than permitted under paragraph (a) of this section must be coordinated in advance with all broadband PCS licensees authorized to operate on adjacent frequency blocks within 120 kilometers (75 miles) of the base station and is limited to base stations located more than 120 kilometers (75 miles) from the Canadian border and more than 75 kilometers (45 miles) from the Mexican border. Table 3—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth of 1 MHz or Less HAAT in meters Maximum EIRP watts ≤300 3280 ≤500 2140 ≤1000 980 ≤1500 540 ≤2000 320 Table 4—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth Greater Than 1 MHz HAAT in meters Maximum EIRP ≤300 3280 ≤500 2140 ≤1000 980 ≤1500 540 ≤2000 320 (c) Mobile and portable stations are limited to 2 watts EIRP and the equipment must employ a means for limiting power to the minimum necessary for successful communications. (d) Power measurements for transmissions by stations authorized under this section may be made either in accordance with a Commission-approved average power technique or in compliance with paragraph (e) of this section. In both instances, equipment employed must be authorized in accordance with the provisions of § 24.51. In measuring transmissions in this band using an average power technique, the peak-to-average ratio (PAR) of the transmission may not exceed 13 dB. (e) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc. Note to § 24.232: Height above average terrain (HAAT) is to be calculated using the method set forth in § 24.53 of this part. [73 FR 24183, May 2, 2008] § 24.235 [Reserved] § 24.236 Field strength limits. The predicted or measured median field strength at any location on the border of the PCS service area shall not exceed 47 dBuV/m unless the parties agree to a higher field strength. § 24.237 Interference protection. (a) All licensees are required to coordinate their frequency usage with the co-channel or adjacent channel incumbent fixed microwave licensees in the 1850-1990 MHz band. Coordination must occur before initiating operations from any base station. Problems that arise during the coordination process are to be resolved by the parties to the coordination. Licensees are required to coordinate with all users possibly affected, as determined by appendix I to this subpart E (Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90-314, FCC 94-144; TIA Telecommunications Systems Bulletin 10-F, “Interference Criteria for Microwave Systems,” May 1994, (TSB10-F)); or an alternative method agreed to by the parties. (b) The results of the coordination process need to be reported to the Commission only if the parties fail to agree. Because broadband PCS licensees are required to protect fixed microwave licensees in the 1850-1990 MHz band, the Commission will be involved in the coordination process only upon complaint of interference from a fixed microwave licensee. In such a case, the Commission will resolve the issues. (c) In all other respects, coordination procedures are to follow the requirements of § 101.103(d) of this chapter to the extent that these requirements are not inconsistent with those specified in this part. (d) The licensee must perform an engineering analysis to assure that the proposed facilities will not cause interference to existing OFS stations within the coordination distance specified in Table 3 of a magnitude greater than that specified in the criteria set forth in paragraphs (e) and (f) of this section, unless there is prior agreement with the affected OFS licensee. Interference calculations shall be based on the sum of the power received at the terminals of each microwave receiver from all of the applicant's current and proposed PCS operations. Table 3—Coordination Distances in Kilometers PCS Base Station Antenna HAAT in Meters EIRP(W) 5 10 20 50 100 150 200 250 300 500 1000 1500 2000 0.1 90 93 99 110 122 131 139 146 152 173 210 239 263 0.5 96 100 105 116 128 137 145 152 158 179 216 245 269 1 99 103 108 119 131 140 148 155 161 182 219 248 272 2 120 122 126 133 142 148 154 159 164 184 222 250 274 5 154 157 161 168 177 183 189 194 198 213 241 263 282 10 180 183 187 194 203 210 215 220 225 240 268 291 310 20 206 209 213 221 229 236 242 247 251 267 296 318 337 50 241 244 248 255 264 271 277 282 287 302 331 354 374 100 267 270 274 282 291 297 303 308 313 329 358 382 401 200 293 296 300 308 317 324 330 335 340 356 386 409 436 500 328 331 335 343 352 359 365 370 375 391 421 440 1000 354 357 361 369 378 385 391 397 402 418 1200 361 364 368 376 385 392 398 404 409 425 1640 372 375 379 388 397 404 410 416 421 437 2400 384 387 391 399 408 415 423 427 431 3280 396 399 403 412 419 427 435 439 446 (e) For microwave paths of 25 kilometers or less, interference determinations shall be based on the C/I criteria set forth in TIA Telecommunications Systems Bulletin 10-F, “Interference Criteria for Microwave Systems,” May 1994 (TSB10-F). (f) For microwave paths longer than 25 kilometers, the interference protection criterion shall be such that the interfering signal will not produce more than 1.0 dB degradation of the practical threshold of the microwave receiver for analog system, or such that the interfering signal will not cause an increase in the bit error rate (BER) from 10E-6 to 10E-5 for digital systems. (g) The development of the C/I ratios and interference criteria specified in paragraphs (e) and (f) of this section and the methods employed to compute the interfering power at the microwave receivers shall follow generally acceptable good engineering practices. The procedures described for computing interfering signal levels in (appendix I to this subpart E Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90-314, FCC 94-144) shall be applied. Alternatively, procedures for determining interfering signal levels and other criteria as may be developed by the Electronics Industries Association (EIA), the Institute of Electrical and Electronics Engineers, Inc. (IEEE), the American National Standards Institute (ANSI) or any other recognized authority will be acceptable to the Commission. [59 FR 32854, June 24, 1994, as amended at 61 FR 29691, June 21, 1996; 69 FR 75171, Dec. 15, 2004] § 24.238 Emission limitations for Broadband PCS equipment. The rules in this section govern the spectral characteristics of emissions in the Broadband Personal Communications Service. (a) Out of band emissions. (b) Measurement procedure. i.e. (c) Alternative out of band emission limit. (d) Interference caused by out of band emissions. [67 FR 77192, Dec. 17, 2002] § 24.239 Cost-sharing requirements for broadband PCS. Frequencies in the 1850-1990 MHz band listed in § 101.147(c) of this chapter have been allocated for use by PCS. In accordance with procedures specified in §§ 101.69 through 101.81 of this chapter, PCS entities (both licensed and unlicensed) are required to relocate the existing Fixed Microwave Services (FMS) licensees in these bands if interference to the existing FMS operations would occur. All PCS entities who benefit from spectrum clearance by other PCS entities or a voluntarily relocating microwave incumbent, must contribute to such relocation costs. PCS entities may satisfy this requirement by entering into private cost-sharing agreements or agreeing to terms other than those specified in § 24.243. However, PCS entities are required to reimburse other PCS entities or voluntarily relocating microwave incumbents that incur relocation costs and are not parties to the alternative agreement. In addition, parties to a private cost-sharing agreement may seek reimbursement through the clearinghouse (as discussed in § 24.241) from PCS entities that are not parties to the agreement. The cost-sharing plan is in effect during all phases of microwave relocation specified in § 101.69 of this chapter. If a licensee in the Broadband PCS Service enters into a spectrum leasing arrangement (as set forth in part 1, subpart X of this chapter) and the spectrum lessee triggers a cost-sharing obligation, the licensee is the PCS entity responsible for satisfying the cost-sharing obligations under §§ 24.239 through 24.253. [62 FR 12757, Mar. 18, 1997, as amended at 69 FR 77559, Dec. 27, 2004] § 24.241 Administration of the Cost-Sharing Plan. The Wireless Telecommunications Bureau, under delegated authority, will select an entity to operate as a neutral, not-for-profit clearinghouse. This clearinghouse will administer the cost-sharing plan by, inter alia [61 FR 29691, June 12, 1996] § 24.243 The cost-sharing formula. A PCS relocator who relocates an interfering microwave link, i.e. pro rata (a) RN (b) C (c) N (d) Tm [62 FR 12757, Mar. 18, 1997, as amended at 65 FR 46113, July 27, 2000] § 24.245 Reimbursement under the Cost-Sharing Plan. (a) Registration of reimbursement rights. (2) To obtain reimbursement, a voluntarily relocating microwave incumbent must submit documentation of the relocation of the link to the clearinghouse within ten business days of the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission's rules. (b) Documentation of expenses. i.e. (c) Full reimbursement. [61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997; 65 FR 46113, July 27, 2000] § 24.247 Triggering a reimbursement obligation. (a) Licensed PCS. (1) All or part of the relocated microwave link was initially co-channel with the licensed PCS band(s) of the subsequent PCS entity; (2) A PCS relocator has paid the relocation costs of the microwave incumbent; and (3) The subsequent PCS entity is preparing to turn on a fixed base station at commercial power and the fixed base station is located within a rectangle (Proximity Threshold) described as follows: (i) The length of the rectangle shall be x where x is a line extending through both nodes of the microwave link to a distance of 48 kilometers (30 miles) beyond each node. The width of the rectangle shall be y where y is a line perpendicular to x and extending for a distance of 24 kilometers (15 miles) on both sides of x. Thus, the rectangle is represented as follows: (ii) If the application of the Proximity Threshold test indicates that a reimbursement obligation exists, the clearinghouse will calculate the reimbursement amount in accordance with the cost-sharing formula and notify the subsequent PCS entity of the total amount of its reimbursement obligation. (b) Unlicensed PCS. (1) When a county is cleared of microwave links in the unlicensed allocation, and UTAM invokes a Zone 1 power cap as a result of third party relocation activities; or (2) A county is cleared of microwave links in the unlicensed allocation and UTAM reclassifies a Zone 2 county to Zone 1 status. (c) Any new entrants granted licenses for the 1910-1915 MHz band must reimburse UTAM a pro rata share of its total expenses incurred by UTAM as of the date that the new entrants gain access to the band. The percent required by new entrants to pay shall be calculated based upon the amount of spectrum granted to the new entrant as compared to the total amount of spectrum UTAM is responsible for clearing of incumbents (20 megahertz), and must be paid before a new entrant begins operations in the band. For example, if a new entrant obtains a license for 5 megahertz of spectrum in this band, it is required to reimburse UTAM one-quarter of UTAM's total costs to date on a pro rata shared basis. New entrants will be responsible for the actual costs associated with future relocation activities in their licensed spectrum, but will be entitled to seek reimbursement from UTAM for the proportion of those band clearing costs that benefit users of the 1915-1930 MHz band. [61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997; 69 FR 67836, Nov. 22, 2004] § 24.249 Payment issues. (a) Timing. (b) Eligibility for Installment Payments. [61 FR 29693, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997] § 24.251 Dispute resolution under the Cost-Sharing Plan. Disputes arising out of the cost-sharing plan, such as disputes over the amount of reimbursement required, must be brought, in the first instance, to the clearinghouse for resolution. To the extent that disputes cannot be resolved by the clearinghouse, parties are encouraged to use expedited ADR procedures, such as binding arbitration, mediation, or other ADR techniques. [61 FR 29693, June 12, 1996] § 24.253 Termination of cost-sharing obligations. The cost-sharing plan will sunset for all PCS entities on April 4, 2005, which is ten years after the date that voluntary negotiations commenced for A and B block PCS entities. Those PCS entities that are paying their portion of relocation costs on an installment basis must continue the payments until the obligation is satisfied. [61 FR 29693, June 12, 1996] Appendix I to Subpart E of Part 24—A Procedure for Calculating PCS Signal Levels at Microwave Receivers (Appendix E of the Memorandum Opinion and Order) The new Rules adopted in Part 24 stipulate that estimates of interference to fixed microwave operations from a PCS operation will be based on the sum of signals received at a microwave receiver from the PCS operation. This appendix describes a procedure for computing this PCS level. In general, the procedure involves four steps: 1. Determine the geographical coordinates of all microwave receivers operating on co-channel and adjacent frequencies within the coordination distance of each base station and the characteristics of each receiver, i.e., 2. Determine an equivalent isotropically radiated power (e.i.r.p.) for each base station and equivalent e.i.r.p. values for the mobiles and portables associated with each base station. Determine the values of pertinent correction and weighting factors based on building heights and density and distribution of portables. Close-in situations, prominent hills, and extra tall buildings require special treatment. 3. Based on PCS e.i.r.p. values, correction and weighting factors, and microwave receiving system characteristics determined above, calculate the total interference power at the input of each microwave receiver, using the Longley-Rice propagation model. 4. Based on the interference power level computed in step 3, determine interference to each microwave receiver using criteria described in Part 24 and EIA/TIA Bulletin 10-F. The interference from each base station and the mobiles and portables associated with it is calculated as follows: P rbi tbi bi i mwi i i P rmi mi tmi mi i mwi i P rpsi psi tpsi psi i mwi i P rpbi pbi tpbi pbi i i i mwi i P rpri pri tpri pri i i mwi i where: P refers to Power in dBm p refers to power in milliwatts P rbi p tbi L bi UC i G mwi C i P rmi p tmi n mi L mi P rpsi p tpsi n psi L psi P rpbi p tpbi n pbi L pbi P rpri p tpri n pri L pri BP i BH i Note: Where C i Finally, the total PCS interference power at a given microwave receiver from all the base stations in a given frequency band is found by summing the contributions from the individual stations. Likewise, the total interference power at a given microwave receiver from all mobiles and portables operating in a given frequency band is found by summing the contributions from the mobiles and portables associated with each cell. Base Stations. Mobile Stations. Portable Stations. Calculation of an equivalent e.i.r.p. for cells in suburban areas will involve different weighting criteria. Urban Correction Factor. The unadjusted urban correction factor, UC, should not be applied to base station antenna heights that are greater than 50 percent of the average building height for a cell. Building Height and Building Penetration Factors. BP = 20 dB in urban areas BP = 10 dB in suburban areas BH = 2.5 × (nf-1) dB where nf is the average height (number of floors) of the buildings in the area. (Note that this formula implies a net gain when the average building height is greater than 8 floors). All buildings more than twice the average height should be considered individually. The contribution to BH from that portion of portables in the building above the average building height should be increased by a factor of 20Log(h) dB, where h is the height of the portables above the average building height in meters. Channel Discrimination Factor. Propagation Model. Special Situations. If terrain elevations within a cell differ by more than a factor of two-to-one, the cell should be subdivided and microwave interference calculations should be based on the average terrain elevation for each subdivision. If a co-channel PCS base station lies within the main beam of a microwave antenna (±5 degrees), there is no intervening terrain obstructions, and the power at the microwave receiver from that base station, assuming free space propagation, would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses. If any part of a cell or cell subdivision lies within the main beam of a co-channel microwave antenna, there is no intervening terrain obstructions, and the accumulative power of 5 percent or less of the mobiles, assuming free space propagation would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses. If a building within a cell or cell subdivision lies within the main beam of a co-channel microwave antenna, there is no intervening terrain obstructions, and the cumulative power of 5 percent or fewer of the portables, assuming free space propagation, would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses. References: 1. Longley, A.G. and Rice, P.L., “Prediction of Tropospheric Radio Transmission Loss Over Irregular Terrain, A Computer Method-1968”, ESSA Technical Report ERL 79-ITS 67, Institute for Telecommunications Sciences, July 1968. 2. Rice, P.L. Longley, A.G., Norton, K.A., Barsis, A.P., “Transmission Loss Predictions for Tropospheric Communications Circuits,” NBS Technical Note 101 (Revised), Volumes I and II, U.S. Department of Commerce, 1967. 3. Hufford, G.A., Longley, A.G. and Kissick, W.A., “A Guide to the use of the ITS Irregular Terrain Model in the Area Prediction Mode”, NTIA Report 82-100, U.S. Department of Commerce, April 1982. Also, Circular letter, dated January 30, 1985, from G.A. Hufford, identifying modifications to the computer program. 4. Hufford, G.A., Memorandum to Users of the ITS Irregular Terrain Model, Institute for Telecommunications Sciences, U.S. Department of Commerce, January 30, 1985. Subpart F—Competitive Bidding Procedures for Narrowband PCS Source: 59 FR 26747, May 24, 1994, unless otherwise noted. § 24.301 Narrowband PCS subject to competitive bidding. Mutually exclusive initial applications for narrowband PCS service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [67 FR 45367, July 9, 2002] §§ 24.302-24.309 [Reserved] § 24.320 [Reserved] § 24.321 Designated entities. (a) Eligibility for small business provisions. (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. (c) [Reserved] [67 FR 45367, July 9, 2002, as amended at 68 FR 42998, July 21, 2003; 90 FR 57705, Dec. 12, 2025] Subpart G—Interim Application, Licensing and Processing Rules for Narrowband PCS Source: 59 FR 26749, May 24, 1994, unless otherwise noted. § 24.403 Authorization required. No person shall use or operate any device for the transmission of energy or communications by radio in the services authorized by this part except as provided in this part. § 24.404 Eligibility. (a) General. (1) The applicant is qualified under the applicable laws and the regulations, policies and decisions issued under the laws, including § 24.12; (2) There are frequencies available to provide satisfactory service; and (3) The public interest, convenience or necessity would be served by a grant. (b) Alien ownership. (1) Any alien or the representative of any alien. (2) Any corporation organized under the laws of any foreign government. (3) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or any corporation organized under the laws of a foreign country. (4) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. A Narrowband PCS authorization to provide Private Mobile Radio Service may not be granted to or held by a foreign government or a representative thereof. [59 FR 26749, May 24, 1994, as amended at 61 FR 55581, Oct. 28, 1996; 65 FR 35855, June 6, 2000] §§ 24.405-24.414 [Reserved] § 24.415 Technical content of applications; maintenance of list of station locations. (a) All applications required by this part shall contain all technical information required by the application forms or associated public notice(s). Applications other than initial applications for a narrowband PCS license must also comply with all technical requirements of the rules governing the narrowband PCS (see subparts C and D as appropriate). The following paragraphs describe a number of general technical requirements. (b) Each application (except applications for initial licenses filed on Form 175) for a radio station authorization for narrowband PCS must comply with the provisions of §§ 24.129 through 24.135. (c)-(i) [Reserved] (j) The location of the transmitting antenna shall be considered to be the station location. Narrowband PCS licensees must maintain a current list of all station locations, which must describe the transmitting antenna site by its geographical coordinates and also by conventional reference to street number, landmark, or the equivalent. All such coordinates shall be specified in terms of degrees, minutes, and seconds to the nearest second of latitude and longitude. [59 FR 26749, May 24, 1994; 59 FR 43898, Aug. 25, 1994] §§ 24.416-24.430 [Reserved] § 24.431 Mutually exclusive applications. (a) The Commission will consider applications to be mutually exclusive if their conflicts are such that the grant of one application would effectively preclude by reason of harmful electrical interference, or other practical reason, the grant of one or more of the other applications. The Commission will presume “harmful electrical interference” to mean interference which would result in a material impairment to service rendered to the public despite full cooperation in good faith by all applicants or parties to achieve reasonable technical adjustments which would avoid electrical conflict. (b) [Reserved] (c) An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest. [59 FR 26749, May 24, 1994, as amended at 90 FR 57705, Dec. 12, 2025] §§ 24.432-24.444 [Reserved] Subpart H—Competitive Bidding Procedures for Broadband PCS Source: 59 FR 37604, July 22, 1994, unless otherwise noted. § 24.701 Broadband PCS subject to competitive bidding. Mutually exclusive initial applications for broadband PCS service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [67 FR 45367, July 9, 2002] §§ 24.702-24.708 [Reserved] § 24.709 Eligibility for licenses for frequency Blocks C or F. (a) General rule for licenses offered for closed bidding. (2) Any licensee awarded a license won in closed bidding pursuant to the eligibility requirements of this section (or pursuant to § 24.839(a)(2)) shall maintain its eligibility until at least five years from the date of initial license grant, except that a licensee's (or other attributable entity's) increased gross revenues or increased total assets due to nonattributable equity investments (i.e., from sources whose gross revenues and total assets are not considered under paragraph (b) of this section), debt financing, revenue from operations or other investments, business development, or expanded service shall not be considered. (3) Tiers. (i) For purposes of determining spectrum to which the eligibility requirements of this section are applicable, the BTA service areas (see § 24.202(b)) are divided into two tiers according to their population as follows: (A) Tier 1: (B) Tier 2: (ii) For Auction No. 35, the population of individual BTA service areas will be based on the 1990 census. For auctions beginning after the start of Auction No. 35, the population of individual BTA service areas will be based on the most recent available decennial census. (4) Application of eligibility requirements. (i) The following categories of licenses will be subject to closed bidding pursuant to the eligibility requirements of this section in auctions that begin after the effective date of this paragraph. (A) For Tier 1 BTAs, one of the 10 MHz C block licenses (1895-1900 MHz paired with 1975-1980 MHz); (B) For Tier 2 BTAs, two of the 10 MHz C block licenses (1895-1900 MHz paired with 1975-1980 MHz; 1900-1905 MHz paired with 1980-1985 MHz) and all 15 MHz C block licenses. (ii) Notwithstanding the provisions of paragraph (a)(4)(i) of this section, any C block license for operation on spectrum that has been offered, but not won by a bidder, in closed bidding in any auction beginning on or after March 23, 1999, will not be subject in a subsequent auction to closed bidding pursuant to the eligibility requirements of this section. (5) Special rule for licensees disaggregating or returning certain spectrum in frequency block C. (i) In addition to entities qualifying for closed bidding under paragraph (a)(1) of this section, any entity that was eligible for and participated in the auction for frequency block C, which began on December 18, 1995, or the reauction for frequency block C, which began on July 3, 1996, will be eligible to bid for C block licenses offered in closed bidding in any reauction of frequency block C spectrum that begins within two years of March 23, 1999. (ii) In cases of merger, acquisition, or other business combination of entities, where each of the entities is eligible to bid for C block licenses offered in closed bidding in any reauction of C block spectrum on the basis of the eligibility exception set forth in paragraph (a)(5)(i) of this section, the resulting entity will also be eligible for the exception specified in paragraph (a)(5)(i) of this section. (iii) In cases of merger, acquisition, or other business combination of entities, where one or more of the entities are ineligible for the exception set forth in paragraph (a)(5)(i) of this section, the resulting entity will not be eligible pursuant to paragraph (a)(5)(i) of this section unless an eligible entity possesses de jure de facto (iv) The following restrictions will apply for any reauction of frequency block C spectrum conducted after March 24, 1998: (A) Applicants that elected to disaggregate and surrender to the Commission 15 MHz of spectrum from any or all of their frequency block C licenses, as provided in Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by the Order on Reconsideration of the Second Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply for such disaggregated spectrum until 2 years from the start of the reauction of that spectrum. (B) Applicants that surrendered to the Commission any of their frequency block C licenses, as provided in Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by the Order on Reconsideration of the Second Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply for the licenses that they surrendered to the Commission until 2 years from the start of the reauction of those licenses if they elected to apply a credit of 70% of the down payment they made on those licenses toward the prepayment of licenses they did not surrender. (b) Exceptions to general rule Scope. (i) Small business consortia. (ii) Publicly-traded corporations. (iii) 25 Percent equity exception. (A) Such person or entity, together with its affiliates, nonattributable equity (B) Except as provided in paragraph (b)(1)(v) of this section, such person or entity is not a member of the applicant's (or licensee's) control group; (C) The applicant (or licensee) has a control group (iv) 49.9 Percent equity exception. gross revenues total assets (A) Such person or entity, together with its affiliates, nonattributable equity (B) Except as provided in paragraph (b)(1)(vi) of this section, such person or entity is not a member of the applicant's (or licensee's) control group; (C) The applicant (or licensee) has a control group (v) Control group minimum 25 percent equity requirement. (A) Except for an applicant (or licensee) whose sole control group member is a preexisting entity, ( 1 qualifying investors, ( 2 qualifying investors ( 3 ( i Institutional Investors; ( ii existing investors preexisting entity control group; ( iii ( iv ( 4 qualifying investors 1 3 i 3 iv (B) At the election of an applicant (or licensee) whose control group's qualifying investors, qualifying investors, existing investors control group (vi) Control group minimum 50.1 percent equity requirement. gross revenues total assets (A) Except for an applicant (or licenses) whose sole control group member is a preexisting entity, control group ( 1 qualifying investors, ( 2 qualifying investors de facto ( 3 1 ( i Institutional investors, ( ii existing investors preexisting entity control group, ( iii ( iv ( 4 qualifying investors 1 3 i 3 iv (B) At the election of an applicant (or licensee) whose control group's preexisting entity, qualifying investors, qualifying investors, control group (vii) Calculation of certain interests. nonattributable equity (viii) Aggregation of affiliate interests. Example 1 for paragraph (b)(1)(viii). ABC Corp. is owned by individuals, A, B, and C, each having an equal one-third voting interest in ABC Corp. A and B together, with two-thirds of the stock have the power to control ABC Corp. and have an identity of interest. If A & B invest in DE Corp., a broadband PCS applicant for block C, A and B's separate interests in DE Corp. must be aggregated because A and B are to be treated as one person. Example 2 for paragraph (b)(1)(viii). ABC Corp. has subsidiary BC Corp., of which it holds a controlling 51 percent of the stock. If ABC Corp. and BC Corp., both invest in DE Corp., their separate interests in DE Corp. must be aggregated because ABC Corp. and BC Corp. are affiliates of each other. (2) The following provisions apply to licenses acquired pursuant to § 24.839(a)(2) or (a)(3) on or after October 30, 2000. (c) Short-form and long-form applications: Certifications and disclosure Short-form application. (i) For all applicants: (ii) For all applicants that participated in Auction Nos. 5, 10, 11, and/or 22: (A) The identity of each member of the applicant's control group, (B) The status of each control group institutional investor, existing investor, (C) The identity of each affiliate of the applicant and each affiliate of individuals or entities identified pursuant to paragraphs (C)(1)(ii)(A) and (c)(1)(ii)(B) of this section; (D) A certification that the applicant's sole control group preexisting entity, (E) For an applicant that is a publicly traded corporation with widely disbursed voting power: ( 1 ( 2 affiliate (iii) For each applicant claiming status as a small business consortium, (2) Long-form application. (i) Disclose separately and in the aggregate the gross revenues total assets, affiliates, control group affiliates (ii) List and summarize all agreements or other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility for a license(s) for frequency block C or frequency block F and its eligibility under §§ 24.711, 24.712, 24.714 and 24.720, including the establishment of de facto de jure (iii) List and summarize any investor protection agreements and identify specifically any such provisions in those agreements identified pursuant to paragraph (c)(2)(ii) of this section, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees. (3) Records maintenance. (d) Definitions. [67 FR 45368, July 9, 2002, as amended at 68 FR 42998, July 21, 2003] §§ 24.710-24.711 [Reserved] § 24.712 Bidding credits for licenses won for frequency Block C. (a) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a small business, as defined in § 24.720(b)(1), or a consortium of small businesses may use a bidding credit of fifteen percent, as specified in § 1.2110(f)(2)(iii) of this chapter, to lower the cost of its winning bid. (b) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a very small business, as defined in § 24.720(b)(2), or a consortium of very small businesses may use a bidding credit of twenty-five percent as specified in § 1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid. (c) [Reserved] [67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003; 90 FR 57705, Dec. 12, 2025] § 24.713 [Reserved] § 24.714 Partitioned licenses and disaggregated spectrum. (a) Eligibility. (2) Broadband PCS licensees in spectrum blocks A, B, D, and E and broadband PCS C and F block licenses not subject to the eligibility requirements of § 24.709 may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. (3) Broadband PCS licensees that acquired C or F block licenses in closed bidding subject to the eligibility requirements of § 24.709 may partition their licensed geographic service area or disaggregate their licensed spectrum at any time to an entity that meets the eligibility criteria set forth in § 24.709 at the time the request for partial assignment of license is filed or to an entity that holds license(s) for frequency blocks C and F that met the eligibility criteria set forth in § 24.709 at the time of receipt of such license(s). Partial assignment applications seeking partitioning or disaggregation of broadband PCS licenses in spectrum blocks C and F must include an attachment demonstrating compliance with this section. (b) Technical standards Partitioning. (2) Disaggregation. (3) Combined partitioning and disaggregation. (c) [Reserved] (d) License term. [62 FR 661, Jan. 6, 1997, as amended at 63 FR 68953, Dec. 14, 1998; 65 FR 53638, Sept. 5, 2000; 67 FR 45371, July 9, 2002; 68 FR 42999, July 21, 2003; 82 FR 41547, Sept. 1, 2017; 90 FR 57705, Dec. 12, 2025] § 24.716 [Reserved] § 24.717 Bidding credits for licenses for frequency Block F. (a) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a small business, as defined in § 24.720(b)(1), or a consortium of small businesses may use a bidding credit of fifteen percent, as specified in § 1.2110(f)(2)(iii) of this chapter, to lower the cost of its winning bid. (b) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a very small business, as defined in § 24.720(b)(2), or a consortium of very small businesses may use a bidding credit of twenty-five percent as specified in § 1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid. [68 FR 42999, July 21, 2003] § 24.720 Definitions. (a) Scope. (b) Small and very small business. small business affiliates affiliates gross revenues (2) A very small business affiliates affiliates, gross revenues (c) Institutional Investor. institutional investor affiliates (d) Nonattributable Equity Nonattributable equity (i) For corporations, voting stock or non-voting stock that includes no more than twenty-five percent of the total voting equity, including the right to vote such stock through a voting trust or other arrangement; (ii) For partnerships, joint ventures and other non-corporate entities, limited partnership interests and similar interests that do not afford the power to exercise control of the entity. (2) For purposes of assessing compliance with the equity limits in § 24.709 (b)(1)(iii)(A) and (b)(1)(iv)(A), where such interests are not held directly in the applicant, the total equity held by a person or entity shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain. (e) Control Group. control group de jure de facto (1) That the entity and/or its members own unconditionally at least 50.1 percent of the total voting interests of a corporation; (2) That the entity and/or its members receive at least 50.1 percent of the annual distribution or any dividends paid on the voting stock of a corporation; (3) That, in the event of dissolution or liquidation of a corporation, the entity and/or its members are entitled to receive 100 percent of the value of each share of stock in its possession and a percentage of the retained earnings of the concern that is equivalent to the amount of equity held in the corporation; and (4) That, for other types of businesses, the entity and/or its members have the right to receive dividends, profits and regular and liquidating distributions from the business in proportion to the amount of equity held in the business. Note to paragraph ( e Voting control does not always assure de facto (f) Publicly Traded Corporation with Widely Dispersed Voting Power. (1) Whose shares, debt, or other ownership interests are traded on an organized securities exchange within the United States; (2) In which no person: (i) Owns more than 15 percent of the equity; or (ii) Possesses, directly or indirectly, through the ownership of voting securities, by contract or otherwise, the power to control the election of more than 15 percent of the members of the board of directors or other governing body of such publicly traded corporation; and (3) Over which no person other than the management and members of the board of directors or other governing body of such publicly traded corporation, in their capacities as such, has de facto (4) The term person (g) Qualifying investor. (2) For purposes of assessing compliance with the minimum equity requirements of § 24.709(b)(1)(v) and (b)(1)(vi), where such equity interests are not held directly in the applicant, interests held by qualifying investors shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain. (3) For purposes of § 24.709(b)(1)(v)(A)(3) and (b)(1)(vi)(A)(3), a qualifying investor is a person who is (or holds an interest in) a member of the applicant's (or licensee's) control group and whose gross revenues and total assets do not exceed the gross revenues and total assets limits specified in § 24.709(a). (h) Preexisting entity; Existing investor. preexisting entity existing investor de minimis preexisting entity Note to paragraph ( h In applying the term existing investor de minimis preexisting entity preexisting entity's de minimis. [67 FR 45372, July 9, 2002, as amended at 68 FR 42999, July 21, 2003; 68 FR 57829, Oct. 7, 2003] Subpart I—Interim Application, Licensing, and Processing Rules for Broadband PCS Source: 59 FR 37610, July 22, 1994, unless otherwise noted. §§ 24.801-24.803 [Reserved] § 24.804 Eligibility. (a) General. Authorizations will be granted upon proper application if: (1) The applicant is qualified under all applicable laws and Commission regulations, policies and decisions; (2) There are frequencies available to provide satisfactory service; and (3) The public interest, convenience or necessity would be served by a grant. (b) Alien ownership. A broadband PCS authorization to provide Commercial Mobile Radio Service may not be granted to or held by: (1) Any alien or the representative of any alien. (2) Any corporation organized under the laws of any foreign government. (3) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or any corporation organized under the laws of another country. (4) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such a license. (c) A broadband PCS authorization to provide Private Mobile Radio Service may not be granted to or held by a foreign government or a representative thereof. [59 FR 37610, July 22, 1994, as amended at 61 FR 55581, Oct. 28, 1996] §§ 24.805-24.814 [Reserved] § 24.815 Technical content of applications; maintenance of list of station locations. (a) All applications required by this part shall contain all technical information required by the application forms or associated Public Notice(s). Applications other than initial applications for a broadband PCS license must also comply with all technical requirements of the rules governing the broadband PC ( see (b) Each application (except applications for initial licenses filed on Form 175) for a license for broadband PCS must comply with the provisions of §§ 24.229-24.238 of the Commission's Rules. (c)-(i) [Reserved] (j) The location of the transmitting antenna shall be considered to be the station location. Broadband PCS licensees must maintain a current list of all station locations, which must describe the transmitting antenna site by its geographical coordinates and also by conventional reference to street number, landmark, or the equivalent. All such coordinates shall be specified in terms of degrees, minutes, and seconds to the nearest second of latitude and longitude. §§ 24.816-24.829 [Reserved] § 24.830 [Reserved] § 24.831 Mutually exclusive applications. (a) The Commission will consider applications for broadband PCS licenses to be mutually exclusive if they relate to the same geographical boundaries (MTA or BTA) and are timely filed for the same frequency block. (b) [Reserved] (c) An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest. (d)-(j) [Reserved] [59 FR 37610, July 22, 1994, as amended at 90 FR 57705, Dec. 12, 2025] § 24.832 [Reserved] § 24.833 Post-auction divestitures. Any parties sharing a common non-controlling ownership interest who aggregate more PCS spectrum among them than a single entity is entitled to hold ( See (a) The broadband PCS applicant shall submit a signed statement with its long-form application stating that sufficient properties will be divested within 90 days of the license grant. If the licensee is otherwise qualified, the Commission will grant the applications subject to a condition that the licensee come into compliance with the PCS spectrum aggregation limits within 90 days of grant. (b) Within 90 days of license grant, the licensee must certify that the applicant and all parties to the application have come into compliance with the PCS spectrum aggregation limits. If the licensee fails to submit the certification within 90 days, the Commission will immediately cancel all broadband PCS licenses won by the applicant, impose the default penalty and, based on the facts presented, take any other action it may deem appropriate. Divestiture may be to an interim trustee if a buyer has not been secured in the required time frame, as long as the applicant has no interest in or control of the trustee, and the trustee may dispose of the property as it sees fit. In no event may the trustee retain the property for longer than six months from grant of license. [59 FR 53371, Oct. 24, 1994] §§ 24.834-24.838 [Reserved] § 24.839 Transfer of control or assignment of license. (a) Restrictions on Assignments and Transfers of Licenses for Frequency Blocks C and F won in closed bidding. No assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted unless: (1) The application for assignment or transfer of control is filed after five years from the date of the initial license grant; or (2) The proposed assignee or transferee meets the eligibility criteria set forth in § 24.709 of this part at the time the application for assignment or transfer of control is filed, or the proposed assignee or transferee holds other license(s) for frequency blocks C and F and, at the time of receipt of such license(s), met the eligibility criteria set forth in § 24.709 of this part; or (3) The application is for partial assignment of a partitioned service area to a rural telephone company pursuant to § 24.714 of this part and the proposed assignee meets the eligibility criteria set forth in § 24.709 of this part; or (4) The application is for an involuntary assignment or transfer of control to a bankruptcy trustee appointed under involuntary bankruptcy, an independent receiver appointed by a court of competent jurisdiction in a foreclosure action, or, in the event of death or disability, to a person or entity legally qualified to succeed the deceased or disabled person under the laws of the place having jurisdiction over the estate involved; provided that, the applicant requests a waiver pursuant to this paragraph; or (5) The assignment or transfer of control is pro forma; or (6) The application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied. (b) If the assignment or transfer of control of a license is approved, the assignee or transferee is subject to the original construction requirement of § 24.203 of this part. [63 FR 68953, Dec. 14, 1998, as amended at 65 FR 53638, Sept. 5, 2000] §§ 24.840-24.844 [Reserved]