Sec. 90.763  EA, Regional and nationwide system operations.

    (a) A nationwide licensee authorized pursuant to Sec. 90.717(a) may 
construct and operate any number of land mobile

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or paging base stations, or fixed stations, anywhere in the Nation, and 
transmit on any of its authorized channels, provided that the licensee 
complies with the requirements of Sec. 90.733(i).
    (b) An EA or Regional licensee authorized pursuant to Sec. 90.761 
may construct and operate any number of land mobile or paging base 
stations, or fixed stations, anywhere within its authorized EA or REAG, 
and transmit on any of its authorized channels, provided that:
    (1) The licensee affords protection to all authorized co-channel 
Phase I non-nationwide base stations as follows:
    (i) The EA or Regional licensee must locate its land mobile or 
paging base stations, or fixed stations transmitting on base station 
transmit frequencies, at least 120 km from the land mobile or paging 
base stations, or fixed stations transmitting on base station transmit 
frequencies, of co-channel Phase I licensees, except that separations of 
less than 120 km shall be considered on a case-by-case basis upon 
submission by the EA or Regional licensee of:
    (A) A technical analysis demonstrating at least 10 dB protection to 
the predicted 38 dBu service contour of the co-channel Phase I licensee, 
i.e., demonstrating that the predicted 28 dBu interfering contour of the 
EA or Regional licensee's base station or fixed station does not overlap 
the predicted 38 dBu service contour of the co-channel Phase I 
licensee's base station or fixed station; or
    (B) A written letter from the co-channel Phase I licensee consenting 
to a separation of less than 120 km, or to less than 10 dB protection to 
the predicted 38 dBu service contour of the licensee's base station or 
fixed station.
    (ii) The Phase I licensee's predicted 38 dBu service contour 
referred to in paragraph (a)(1)(i) of this section is calculated using 
the F(50,50) field strength chart for Channels 7-13 in Sec. 73.699 (Fig. 
10) of this chapter, with a 9 dB correction factor for antenna height 
differential, and is based on the licensee's authorized effective 
radiated power and antenna height-above-average-terrain. The EA or 
Regional licensee's predicted 28 dBu interfering contour referred to in 
paragraph (a)(1)(i) of this section is calculated using the F(50,10) 
field strength chart for Channels 7-13 in Sec. 73.699 (Fig. 10a) of this 
chapter, with a 9 dB correction factor for antenna height differential.
    (2) The licensee complies with the requirements of Sec. 90.733(i).
    (3) The licensee limits the field strength of its base stations, or 
fixed stations operating on base station transmit frequencies, in 
accordance with the provisions of Sec. 90.771.
    (4) The licensee notifies the Commission within 30 days of the 
completion of the addition, removal, relocation or modification of any 
of its facilities within its authorized area of operation. Such 
notification must be made by submitting an FCC Form 600, and must 
include the appropriate filing fee, if any.
    (c) In the event that the authorization for a co-channel Phase I 
base station, or fixed station transmitting on base station transmit 
frequencies, within an EA or Regional licensee's border is terminated or 
revoked, the EA or Regional licensee's channel obligations to such 
stations will cease upon deletion of the facility from the Commission's 
official licensing records, and the EA or Regional licensee then will be 
able to construct and operate without regard to the previous 
authorization.