Sec. 22.569  Additional channel policies.

    The rules in this section govern the processing of applications for 
a mobile channel when the applicant has applied or been granted an 
authorization for other mobile channels in the same geographic area. 
This section applies to applications proposing to use the channels 
listed in Sec. 22.561, except applications that propose to use these 
channels to provide paging service only, which are subject to 
Sec. 22.539, instead of this section. The general policy of the FCC is 
to assign no more than two channels in an area to a carrier per 
application cycle. That is, a carrier must apply for no more than two 
channels, 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 additional mobile 
channels in that area.
    (a) Transmitters in same area. Any transmitter on any channel listed 
in Sec. 22.561 is considered to be in the same geographic area as 
another transmitter or any other channel listed in Sec. 22.561 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) Initial channel. The FCC will not assign more than two channels 
for new stations. Stations are considered to be new if there are no 
authorized transmitters on any channel listed in Sec. 22.561 controlled 
by the applicant in the same geographic area.
    (c) 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 
requests for an additional channel for the authorized station, unless 
paragraph (d) of this section applies.
    (d) Additional transmitters on same channel. Notwithstanding other 
provisions of this section, the following applications are not 
considered to be requests for an additional 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.
    (e) [Reserved]
    (f) Dismissal of application constituting cumulative request for 
more than two channels. If the FCC receives 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 different channels such that, considered together, the applications 
would constitute a request for more than two channels, the FCC may 
dismiss the subsequent application without prejudice.
    (g) Dismissal of premature applications for additional channel. If 
the FCC receives an application requesting two additional channels (or 
one additional channel) for an authorized station prior to receiving 
notification that the station is providing service to subscribers on all 
(or all except one) of the authorized channels, the FCC may dismiss that 
application without prejudice.
[ 59 FR 59507 , Nov. 17, 1994, as amended at  62 FR 11636 , Mar. 12, 1997]