Sec. 90.693  Grandfathering provisions for incumbent licensees.

    (a) General provisions. These provisions apply to ``incumbent 
licensees'', all 800 MHz SMR licensees who obtained licenses or filed 
applications on or before December 15, 1995.
    (b) Spectrum blocks A through V. An incumbent licensee's service 
area shall be defined by its originally-licensed 40 dBV/m field 
strength contour and its interference contour shall be defined as its 
originally-licensed 22 dBV/m field strength contour. Incumbent 
licensees are permitted to add, remove or modify transmitter sites 
within their original 22 dBV/m field strength contour without 
prior notification to the Commission so long as their original 22 
dBV/m field strength contour is not expanded and the station 
complies with the Commission's short-spacing criteria in 
Secs. 90.621(b)(4) through 90.621(b)(6). The incumbent licensee must, 
however, notify the Commission within 30 days of the completion of any 
changes in technical parameters or additional stations constructed 
through a minor modification of their license. Such notification must be 
made by submitting an FCC Form 600 and must include the appropriate 
filing fee, if any. These minor modification applications are not 
subject to public notice and petition to deny requirements or mutually 
exclusive applications.
    (c) Special provisions for spectrum blocks D through V. Incumbent 
licensees that have received the consent of all affected parties to 
utilize an 18 dBV/m signal strength interference contour shall 
have their service area defined by their originally-licensed 36 
dBV/m field strength contour and its interference contour shall 
be defined as their originally-licensed 18 dBV/m field strength 
contour. Incumbent licensees are permitted to add, remove or modify 
transmitter sites within their original 18 dBV/m field strength 
contour without prior notification to the Commission so long as their 
original 18 dBV/m field strength contour is not expanded and 
the station complies with the Commission's short-spacing criteria in 
Secs. 90.621(b)(4) through 90.621(b)(6). The incumbent licensee must, 
however, notify the Commission within 30 days of the completion of any 
changes in technical parameters or additional stations constructed 
through a minor modification of their license. Such notification must be 
made by submitting an FCC Form 600 and must include the appropriate 
filing fee, if any. These minor modification applications are not 
subject to public notice and petition to deny requirements or mutually 
exclusive applications.
    (d) Consolidated license--(1) Spectrum blocks A through V. Incumbent 
licensees operating at multiple sites may, after grant of EA licenses 
has been completed, exchange multiple site licenses for a single 
license, authorizing operations throughout the contiguous and 
overlapping 40 dBV/m field strength contours of the multiple 
sites. Incumbents exercising this license exchange option must submit 
specific information for each of their external base sites after the 
close of the 800 MHz SMR auction.
    (2) Special provisions for spectrum blocks D through V. Incumbent 
licensees that have received the consent of all affected parties to 
utilize an 18 dBV/m signal strength interference contour 
operating at multiple sites may, after grant of EA licenses has been 
completed, exchange multiple site licenses for a single license. This 
single site license will authorize operations throughout the contiguous 
and overlapping 36 dBV/m field strength contours of the 
multiple sites. Incumbents exercising this license exchange option must 
submit specific information for each of their external base sites after 
the close of the 800 SMR auction.
[ 62 FR 41216 , July 31, 1997]

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