Sec. 90.257  Assignment and use of frequencies in the band 72-76 MHz.

    (a) The following criteria shall govern the authorization and use of 
frequencies within the band 72-76 MHz by fixed stations. (For call box 
operations see Sec. 90.241).
    (1) The following frequencies in the band 72-76 MHz may be used for 
fixed operations:

                                  MHz:

72.02
72.04
72.06
72.08
72.10
72.12
72.14
72.16
72.18
72.20
72.22
72.24
72.26
72.28
72.30
72.32
72.34
72.36
72.38
72.40
72.42
72.46
72.50
72.54
72.58
72.62
72.64
72.66
72.68
72.70
72.72
72.74
72.76
72.78
72.80
72.82
72.84
72.86
72.88
72.90
72.92
72.94
72.96
72.98
75.42
75.46
75.50
75.54
75.58
75.62
75.64
75.66
75.68
75.70
75.72
75.74
75.76
75.78
75.80
75.82
75.84
75.86
75.88
75.90
75.92
75.94
75.96
75.98.

    (2) All authorizations are subject to the condition that no harmful 
interference will be caused to television reception on Channels 4 and 5.
    (3) The applicant must agree to eliminate any harmful interference 
caused by his operation to TV reception on either Channel 4 or 5 that 
might develop by whatever means are necessary. Such action must be taken 
within 90 days of notification by the Commission. If such interference 
is not eliminated within the 90-day period, operation of the fixed 
station will be discontinued.
    (4) Vertical polarization must be used.
    (5) Whenever it is proposed to locate a 72-76 MHz fixed station less 
than 128 km (80 mi.) but more than 16 km (10 mi.) from the site of a TV 
transmitter operating on either channel 4 or 5, or from the post office 
of a community in which such channels are assigned but not in operation, 
the fixed station shall be authorized only if there are fewer than 100 
family dwelling units (as defined by the U.S. Bureau of the Census), 
excluding units 112 or more km (70 mi.) distant from the TV antenna 
site, located within a circle centered at the location of the proposed 
fixed station. The radius shall be determined by use of the following 
chart entitled, ``Chart for Determining Radius From Fixed Station in 72-
76 MHz Band to Interference Contour Along Which 10 Percent of Service 
From Adjacent Channel Television Station Would Be Destroyed.'' Two 
charts are available, one for Channel 4, and one for Channel 5. The 
Commission may, however, in a particular case, authorize the location of 
a fixed station within a circle containing 100 or more family dwelling 
units upon a showing that:
    (i) The proposed site is the only suitable location.
    (ii) It is not feasible, technically or otherwise, to use other 
available frequencies.
    (iii) The applicant has a plan to control any interference that 
might develop to TV reception from his operations.
    (iv) The applicant is financially able and agrees to make such 
adjustments in the TV receivers affected as may be necessary to 
eliminate any interference caused by his operations.

[[Page 478]]

    (v) All applications seeking authority to operate with a separation 
of less than 16 km (10 mi.) will be returned without action.
    (b) The following criteria governs the authorization and use of 
frequencies in the 72-76 MHz band by mobile stations in the Industrial/
Business Pool.
    (1) Mobile operation on frequencies in the 72-76 MHz band is subject 
to the condition that no interference is caused to the reception of 
television stations operating on Channel 4 or 5. Interference will be 
considered to occur whenever reception of a regularly used television 
signal is impaired by signals radiated by stations operating under these 
rules in the 72 to 76 MHz band regardless of the quality of such 
reception or the strength of the signal used. In order to minimize the 
hazard of such interference, it shall be the duty of the licensee to 
determine whether interference is being caused to television reception, 
wherever television receivers other than those under the control of the 
licensee, are located within 31 m. (100 ft.) of any point where the 
stations licensed under these rules may be operated. In any case, it 
shall be the responsibility of the licensee to correct, at its own 
expense, any such interference and if the interference cannot be 
eliminated by the application of suitable techniques, the operation of 
the offending transmitter shall be suspended. If the complainant refuses 
to permit the licensee to apply remedial techniques which demonstrably 
will eliminate the interference without impairment of the original 
reception, the licensee is absolved of further responsibility.
    (2) The maximum transmitter output power that will be authorized is 
1 watt; and each station authorized will be classified and licensed as a 
mobile station. Any units of such a station, however, may be used to 
provide the operational functions of a base or fixed station. The 
antennas of transmitters operating on these frequencies must be directly 
mounted or installed upon the transmitting unit: Except that when 
permanently installed aboard a vehicle, antenna and transmitter may be 
separated as required for convenience in mounting. Horizontal 
polarization will not be allowed; and the gain of antennas employed 
shall not exceed that of a halfwave dipole. The maximum bandwidth that 
will be authorized is 20 kHz. Tone control transmissions are permitted.
    (c) Radio remote control of models is permitted on frequencies 10 
kHz removed from these frequencies authorized for fixed and mobile 
operations in the 72-76 MHz band. Remote control operations are 
secondary to operation of fixed and mobile stations as provided for in 
this section.

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[43 02 FR 54791 , Nov. 22, 1978;  44 FR 32219 , June 5, 1979, as amended at  47 FR 51879 , Nov. 18, 1982;  49 FR 41249 , Oct. 22, 1984;  54 FR 38681 , Sept. 
20, 1989;  58 FR 30129 , May 26, 1993;  60 FR 37268 , July 19, 1995;  62 FR 18928 , Apr. 17, 1997]

[[Page 481]]


    Effective Date Note: At  62 FR 18928 , Apr. 17, 1997, Sec. 90.257 was 
amended by revising the introductory text of paragraph (b), effective 
Oct. 17, 1997.