Sec. 90.753  Conditions of license modification.

    (a) Except as provided in paragraphs (b), and (c) of this section, a 
Phase I non nationwide licensee may modify its authorization to relocate 
its authorized base station up to one-half the distance over 120 km 
toward any co-channel licensee's initially authorized base station, to a 
maximum distance of 8 km.
    (b) A Phase I non-nationwide licensee with an authorized base 
station located outside a Designated Filing Area (DFA) (see Public 
Notice, DA 86-173,  52 FR 1302  (January 12, 1987)) may modify its 
authorization to relocate its authorized base station up to one-half the 
distance over 120 km toward any co-channel licensee's initially 
authorized base station, to a maximum distance of 25 km, so long as the 
base station is relocated no more than 8 km inside of any DFA (i.e., no 
more than 8 km from the nearest DFA boundary line).
    (c) A Phase I non-nationwide licensee that has been granted Special 
Temporary Authority (STA) to operate at an alternative base station 
location may modify its authorization to seek permanent authorization at 
that location, regardless of whether locating the station at the STA 
site is in strict conformance with the provisions of paragraphs (a) and 
(b) of this section, if the licensee certifies that such a modification 
is in conformance with Secs. 90.723 and 90.729 and:
    (1) It has constructed its base station and has placed it in 
operation, or commenced service, at the STA site on or before January 
26, 1996; or
    (2) It has taken delivery of its base station transceiver on or 
before January 26, 1996.
    (d) The application of a Phase I non-nationwide licensee proposing a 
base station modification resulting in less than 120 km separation from 
a co-channel licensee's initially authorized base station will be 
accepted by the Commission only with the consent of that co-channel 
licensee, as evidenced in a letter submitted concurrently with the 
licensee's application.
    (e) The application of a Phase I non-nationwide licensee proposing a 
base station modification resulting in at least a 120 km separation from 
each co-

[[Page 592]]

channel licensee's initially authorized base station but more than one-
half the distance over 120 km toward any co-channel licensee's initially 
authorized base station will be accepted by the Commission only with the 
consent of that co-channel licensee, as evidenced in a letter submitted 
concurrently with the licensee's application.
[ 61 FR 3845 , Feb. 2, 1996]