Sec.  22.569   Additional channel policies.

   

   Link to an amendment published at  70 FR 19309 , Apr. 13, 2005.

   The rules in this section govern the processing of applications for a
   mobile channel when the applicant has applied or been granted an
   authorization for other mobile channels in the same geographic area.
   This section applies to applications proposing to use the channels
   listed in Sec. 22.561, except applications that propose to use these
   channels to provide paging service only, which are subject to Sec. 22.539,
   instead of this section. The general policy of the FCC is to assign no
   more than two channels in an area to a carrier per application cycle.
   That is, a carrier must apply for no more than two channels, receive
   the authorization, construct the station, provide service to
   subscribers, and notify the FCC of commencement of service to
   subscribers (FCC Form 489) before applying for additional mobile
   channels in that area.

   (a) Transmitters in same area. Any transmitter on any channel listed
   in Sec. 22.561 is considered to be in the same geographic area as another
   transmitter or any other channel listed in Sec. 22.561 if:

   (1) One transmitter location is within the service area of the other
   transmitter; or,

   (2) The area within the overlap of the service contours of the two
   transmitters constitutes 50 percent or more of the service area of
   either of the transmitters.

   (b) Initial channel. The FCC will not assign more than two channels
   for new stations. Stations are considered to be new if there are no
   authorized transmitters on any channel listed in Sec. 22.561 controlled by
   the applicant in the same geographic area.

   (c) Additional channel. Applications for transmitters to be located in
   the same geographic area as an authorized station controlled by the
   applicant, but to operate on a different channel, are considered as
   requests for an additional channel for the authorized station, unless
   paragraph (d) of this section applies.

   (d) Additional transmitters on same channel. Notwithstanding other
   provisions of this section, the following applications are not
   considered to be requests for an additional channel:

   (1) Applications for transmitters to be located in the same geographic
   area as an authorized station controlled by the applicant, and to
   operate on the same paging channel;

   (2) Applications for transmitters to be located within a paging
   geographic area for which the applicant holds the paging geographic
   area authorization for the requested channel; and,

   (3) Applications for paging geographic area authorizations.

   (e) [Reserved]

   (f) Dismissal of application constituting cumulative request for more
   than two channels. If the FCC receives an application for a
   transmitter to be located in the same geographic area as a transmitter
   proposed in a pending application previously filed by the applicant,
   but on different channels such that, considered together, the
   applications would constitute a request for more than two channels,
   the FCC may dismiss the subsequent application without prejudice.

   (g) Dismissal of premature applications for additional channel. If the
   FCC receives an application requesting two additional channels (or one
   additional channel) for an authorized station prior to receiving
   notification that the station is providing service to subscribers on
   all (or all except one) of the authorized channels, the FCC may
   dismiss that application without prejudice.

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  62 FR 11636 , Mar. 12, 1997]