Sec. 90.159  Temporary and conditional permits.

    (a) An applicant for a license under this part (other than a 
commercial mobile radio license) utilizing an already licensed facility 
may operate the radio station(s) for a period of up to one hundred 
eighty (180) days under a temporary permit evidenced by a properly 
executed temporary license certificate (Form 572) after submitting or 
filing a formal application for station license in accordance with 
Sec. 90.127, provided that all the antennas employed by control stations 
are 6.1 meters (20 feet) or less above ground or 6.1 meters (20 feet) or 
less above a man-made structure other than an antenna tower to which it 
is affixed. When required by Sec. 90.175, applications must be 
accompanied by evidence of frequency coordination. The temporary 
operation of stations, other than mobile stations within the Canadian 
coordination zone is limited

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to stations with a maximum of 5 watts effective radiated power and a 
maximum antenna height of 6.1 meters (20 ft) above average terrain.
    (b) An applicant proposing to operate a new land mobile radio 
station or modify an existing station below 470 MHz or in the one-way 
paging 929-930 MHz band (other than a commercial mobile radio service 
applicant or licensee on these bands) that is required to submit a 
frequency recommendation pursuant to paragraphs (b) through (h) of 
Sec. 90.175 may operate the proposed station during the pendency of its 
application for a period of up to one hundred eighty (180) days under a 
conditional permit upon the filing of a properly completed formal 
application that complies with Sec. 90.127 if the application is 
accompanied by evidence of frequency coordination in accordance with 
Sec. 90.175 and provided that the following conditions are satisfied:
    (1) For applicants proposing to operate below 470 MHz, that the 
proposed station location is south of Line A or west of Line C as 
defined in Sec. 90.7; for applicants in the one-way paging 929-930 MHz 
band, that the proposed station location is west of Line C as defined in 
Sec. 90.7.
    (2) The proposed antenna structure has been previously studied by 
the Federal Aviation Administration and determined to pose no hazard to 
aviation safety as required by Sec. 17.4 of the Commission's Rules; or 
the proposed antenna or tower structure does not exceed 6.1 meters (20 
feet) above ground level or above an existing man-made structure (other 
than an antenna structure), if the antenna or tower has not been 
previously studied by the Federal Aviation Administration and cleared by 
the FCC.
    (3) The grant of the application does not require a waiver of the 
Commission's Rules.
    (4) The applicant has determined that the proposed facility will not 
significantly affect the environment as defined in Sec. 1.1307.
    (5) The applicant has determined that the proposed station affords 
the level of protection to radio ``quiet'' zones and monitoring 
facilities as specified in Sec. 90.177.
    (6) The applicant has submitted an application to the Commission 
stating the frequency the applicant intends to use and that the 
frequency coordination requirements specified in Sec. 90.175 for 
selection and use of this frequency have been met and a minimum of ten 
business days has passed between submission of the application to the 
Commission and the onset of operation.
    (c) An applicant proposing to operate an itinerant station or an 
applicant seeking the assignment of authorization or transfer of control 
of a license for an existing station below 470 MHz or in the 929-930 MHz 
band (other than a commercial mobile radio service applicant or licensee 
on these bands) may operate the proposed station during the pendency of 
the application for a period not to exceed one hundred eighty (180) days 
under a conditional permit upon the filing of a properly completed 
formal application that complies with Sec. 90.127. Conditional authority 
ceases immediately if the application is returned by the Commission 
because it is not acceptable for filing. All other categories of 
applications listed in Sec. 90.175(i) that do not require evidence of 
frequency coordination are excluded from the provisions of this section.
    (d) A conditional authorization pursuant to paragraphs (b) and (c) 
of this section is evidenced by retaining the original executed 
conditional licensing 572C Certification Form with the station records. 
Conditional authorization does not prejudice any action the Commission 
may take on the subject application. Conditional authority is accepted 
with the express understanding that such authority may be modified or 
cancelled by the Commission at any time without hearing if, in the 
Commission's discretion, the need for such action arises. Consistent 
with Sec. 90.175(g), the applicant assumes all risks associated with 
operation under conditional authority, the termination or modification 
of conditional authority, or the subsequent dismissal or denial of its 
application. Authority reverts back to the original licensee if an 
assignee or transferee's conditional authority is cancelled.

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    (e) The transmissions of new stations operating pursuant to 
conditional authority shall be identified by a temporary call sign 
consisting of the prefix ``WT'' followed by the applicant's local seven 
digit business telephone number as provided in Sec. 2.302. Transmissions 
by applicants for the modification, assignment of authorization or 
transfer of control of an existing station shall be identified by the 
station's call sign.
[ 51 FR 14997 , Apr. 22, 1986, as amended at  54 FR 50239 , Dec. 5, 1989;  58 FR 44956 , Aug. 25, 1993;  58 FR 62291 , Nov. 26, 1993;  59 FR 59959 , Nov. 
21, 1994;  62 FR 18924 , Apr. 17, 1997]

    Effective Date Note: At  62 FR 18924 , Apr. 17, 1997, Sec. 90.159 was 
amended by revising the introductory text of paragraph (b), paragraph 
(b)(6), the last sentence of paragraph (c), and the fourth sentence of 
paragraph (d), effective Oct. 17, 1997.

  Special Rules Governing Facilities Used To Provide Commercial Mobile 
                             Radio Services

    Source:  59 FR 59959 , Nov. 21, 1994, unless otherwise noted.

    Note:  The following rules (Secs. 90.160 through 90.169) govern 
applications, licensing, and operation of radio facilities in the 220-
222 MHz (subpart T), Business Radio (Subpart D), 929-930 MHz Paging 
(subpart P), and Specialized Mobile Radio (Subpart S) services that are 
used to provide commercial mobile radio services (see Secs. 20.3 and 
20.9 of this chapter). Compliance with the rules relating to 
applications and licensing of facilities on paging-only channels in the 
Business Radio Service (see Sec. 90.75(c)(10)) and 929-930 MHz paging 
channels (see Sec. 90.494(a),(b)) is not required prior to August 10, 
1996. Compliance with Sec.  90.168 is also not required prior to August 
10, 1996 for reclassified commercial mobile radio service providers who 
are to be regulated as private carriers until August 10, 1996 as 
provided in the Second Report and Order in GN Docket No. 93-252, 9 FCC 
Rcd 2348 (1994), paras. 280-284. The licensing and operation of radio 
facilities in the 220-222 MHz (Subpart T), Business Radio (Subpart D), 
929-930 MHz Paging (Subpart P), and Specialized Mobile Radio (Subpart S) 
services that are used to provide commercial mobile radio services are 
also subject to rules elsewhere in this part that apply generally to 
Private Land Mobile Radio Services. In the case of any conflict between 
rules set forth in Secs. 90.160 through 90.169 and other rules in this 
part, Secs. 90.160 through 90.169 apply.