Sec. 22.539  Additional channel policies.

    The rules in this section govern the processing of applications for 
a paging channel when the applicant has applied for or been granted an 
authorization for other paging channels in the same geographic area. 
This section applies to applications proposing to use the channels 
listed in Sec. 22.531, excluding the nationwide network paging channels 
and broadcast station subcarriers, or the channels listed in 
Sec. 22.561, where the application proposes to use those channels to 
provide paging service only.

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The general policy of the FCC is to assign one paging channel in an area 
to a carrier per application cycle. That is, a carrier must apply for 
one paging channel, receive the authorization, construct the station, 
provide service to subscribers, and notify the FCC of commencement of 
service to subscribers (FCC Form 489) before applying for an additional 
paging channel in that area.
    (a) VHF transmitters in same area. Any transmitter on any VHF 
channel listed in Sec. 22.531 is considered to be in the same geographic 
area as another transmitter on any other VHF channel listed in 
Sec. 22.531 if:
    (1) One transmitter location is within the service area of the other 
transmitter; or,
    (2) The area within the overlap of the service contours of the two 
transmitters constitutes 50 percent or more of the service area of 
either of the transmitters.
    (b) 931 MHz transmitters in same area. Any transmitter on any 931 
MHz channel is considered to be in the same geographic area as another 
transmitter on any channel listed in Sec. 22.531 if it is located less 
than 64.4 kilometers (40 miles) from the transmitter. Likewise, any 
transmitter on any channel listed in Sec. 22.531 is considered to be in 
the same geographic area as another transmitter on any 931 MHz channel 
if it is located less than 64.4 kilometers (40 miles) from that 
transmitter.
    (c) Initial channel. The FCC will not assign more than one channel 
for new paging stations. Paging stations are considered to be new if 
there are no authorized transmitters on any channel listed in 
Sec. 22.531 controlled by the applicant in the same geographic area.
    (d) Additional channel. Applications for transmitters to be located 
in the same geographic area as an authorized station controlled by the 
applicant, but to operate on a different channel, are considered as 
requesting an additional channel for the authorized station, unless 
paragraph (e) of this section applies.
    (e) Additional transmitters on same channel. Notwithstanding other 
provisions of this section, the following applications are not 
considered to be requests for an additional paging channel:
    (1) Applications for transmitters to be located in the same 
geographic area as an authorized station controlled by the applicant, 
and to operate on the same paging channel;
    (2) Applications for transmitters to be located within a paging 
geographic area for which the applicant holds the paging geographic area 
authorization for the requested channel; and,
    (3) Applications for paging geographic area authorizations.
    (f) Amendment of pending application. If the FCC receives and 
accepts for filing an application for a transmitter to be located in the 
same geographic area as a transmitter proposed in a pending application 
previously filed by the applicant, but on a different channel, the 
subsequent application is considered as a major amendment to change the 
technical proposal of the prior application, unless paragraph (e) 
applies. The filing date of any application so amended is the date the 
FCC received the subsequent application.
    (g) Dismissal of premature applications for additional channel. If 
the FCC receives an application requesting an additional channel for an 
authorized station prior to receiving notification that the station is 
providing service to subscribers on the authorized channel(s), the FCC 
may dismiss that application without prejudice in accordance with 
Sec. 22.128.
[59 1997 FR 59507 , Nov. 17, 1994, as amended at  62 FR 11635 , Mar. 12, 1997]