Sec.  21.15   Technical content of applications.

   

   Applications shall contain all technical information required by the
   application form and any additional information necessary to fully
   describe the proposed facilities and to demonstrate compliance with
   all technical requirements of the rules governing the radio service
   involved (see subparts C, F and K as appropriate). The following
   paragraphs describe a number of technical requirements.

   (a)(1) Except in the case of applicants for Multipoint Distribution
   Service, applicants proposing a new station location (including
   receive-only stations and passive repeaters) must indicate whether the
   station site is owned. If it is not owned, its availability for the
   proposed radio station site must be demonstrated. Under ordinary
   circumstances, this requirement will be considered satisfied if the
   site is under lease or under written option to buy or lease.

   (2) Where any lease or agreement to use land limits or conditions in
   any way the applicant's access or use of the site to provide public
   service, a copy of the lease or agreement (which clearly indicates the
   limitations or conditions) must be filed with the application, except
   in the case of applicants for stations in the Multipoint Distribution
   Service. Multipoint Distribution Service applicants must instead
   certify compliance with the limitations and conditions contained in
   the lease or option agreement.

   (3) Except for BTA and PSA authorization holders, Multipoint
   Distribution Service applicants proposing a new station location must
   certify the proposed station site will be available to the applicant
   for timely construction of the facilities during the initial
   construction period.

   (4) An applicant's failure to include a certification required under
   this Section will result in dismissal of the application. The
   submission of a false certification will subject the applicant to all
   remedies available to the Commission, including the dismissal with
   prejudice of all applications filed by the offending applicant and the
   revocation of authorizations of the offending applicant. Also, if
   evidence of intent exists, the case will be referred to the Department
   of Justice for criminal prosecution under 18 U.S.C. 1001. In addition,
   the submission of an intentionally falsified certification will be
   treated as a reflection on an applicant's basic qualifications to
   become or to remain a licensee.

   (b) [Reserved]

   (c) Each application involving a new or modified transmitting antenna
   supporting structure, passive facility, or the addition or removal of
   a transmitting antenna, or the repositioning of an authorized antenna
   for a station must be accompanied by a vertical profile sketch of the
   total structure depicting its structural nature and clearly indicating
   the ground elevation (above sea level) at the structure site, the
   overall height of the structure above ground (including obstruction
   lights when required, lightning rods, etc.) and, if mounted on a
   building, its overall height above the building. The proposed antenna
   on the structure must be clearly identified and its height
   above-ground (measured to the center of radiation) clearly indicated.
   Alternatively, applicants in the Multipoint Distribution Service who
   filed applications on or after September 15, 1995, may provide this
   information in the MDS long-form application.

   (d) Each application proposing a new or modified antenna structure for
   a station (including a passive repeater or signal booster station) so
   as to change its overall height shall indicate whether any necessary
   notification of the FAA has been made. Complete information as to
   rules concerning the construction, marking and lighting of antenna
   structures is contained in part 17 of this chapter. See also Sec. 21.111
   if the structure is used by more than one station.

   (e) Antenna Structure Registration Number. Applications proposing
   construction of a new antenna structure or alteration of the overall
   height of an existing antenna structure, where FAA notification prior
   to such construction or alteration is required by part 17 of this
   chapter, must include the FCC Antenna Structure Registration Number
   for the affected structure. If no such number has been assigned at the
   time the application is filed, the applicant must state in the
   application whether or not the antenna structure owner has notified
   the FAA of the proposed construction or alteration and applied to the
   FCC for an Antenna Structure Registration Number in accordance with
   Part 17 of this chapter of this structure for the antenna structure in
   question.

   (f) Except for applicants in the Multipoint Distribution Service who
   filed applications on or after September 15, 1995, an applicant
   proposing construction of one or more new stations or modification of
   existing stations where substantial changes in the operation or
   maintenance procedures are involved must submit a showing of the
   general maintenance procedures involved to insure the rendition of
   good public communications service. The showing should include but
   need not be limited to the following.

   (1) Location and telephone number (if known) of the maintenance center
   for a point to point microwave system. In lieu of providing the
   location and telephone number of the maintenance on a case by case
   basis, a licensee may file a complete list for all operational
   stations with the Commission and the Engineer-In-Charge of the
   appropriate radio district on an annual basis or at more frequent
   intervals as necessary to keep the information current.

   (2) The manner in which technical personnel are made aware of
   malfunction at any of the stations and the appropriate time required
   for them to reach any of the stations in the event of an emergency. If
   fault alarms are to be used, the items to be alarmed shall be
   specified as well as the location of the alarm center.

   (g) Applications in the Multipoint Distribution Service filed before
   September 15, 1995, proposing a new or replacement antenna (excluding
   omni-directional antennas) shall include an antenna radiation pattern
   showing the antenna power gain distribution in the horizontal plane
   expressed in decibels, unless such pattern is known to be on file with
   the Commission in which case the applicant may reference in its
   application the FCC-ID number that indicates that the pattern is on
   file with the Commission. Multipoint Distribution Service applicants
   who filed applications on or after September 15, 1995 must provide
   related information in completing an MDS long-form application.

   (h) Except for applications in the Multipoint Distribution Service
   filed on or after September 15, 1995, each application in the
   Point-to-Point Radio, Local Television Transmission and Digital
   Electronic Message Service (excluding user stations) proposing a new
   or replacement antenna (excluding omni-directional antennas) shall
   include an antenna radiation pattern showing the antenna power gain
   distribution in the horizontal plane expressed in decibels, unless
   such pattern is known to be on file with the Commission in which case
   the applicant may reference in its application the FCC-ID number that
   indicates that the pattern is on file with the Commission. Multipoint
   Distribution Service applicants who filed applications on or after
   September 15, 1995 must provide related information in completing an
   MDS long-form application.

   [ 44 FR 60534 , Oct. 19, 1979, as amended at  46 FR 23449 , Apr. 27, 1981;
    52 FR 37778 , Oct. 9, 1987;  58 FR 11797 , Mar. 1, 1993;  60 FR 36551 ,
   July 17, 1995;  60 FR 57366 , Nov. 15, 1995;  61 FR 4364 , Feb. 6, 1996;
    61 FR 26673 , May 28, 1996]