Sec.  22.912   Service area boundary extensions.

   

   This section contains rules governing service area boundary (SAB)
   extensions. SAB extensions are areas outside of the cellular market
   boundary, but within the service area as calculated using the methods
   of Sec. 22.911(a). Cellular systems must be designed to comply with the
   rules in this section. Applications proposing systems that would not
   comply with the rules in this section are defective. Service within
   SAB extensions is not protected from interference or capture under
   Sec. 22.911(d) unless and until the area within the SAB extension becomes
   a part of the cellular geographic service area (CGSA) in accordance
   with Sec. 22.911(c).

   (a) De minimis extensions. Except as otherwise provided in paragraphs
   (b) and (d) of this section, SABs may be extended into adjacent
   cellular markets if such extensions are de minimis, are demonstrably
   unavoidable for technical reasons of sound engineering design, and do
   not extend into the CGSA of any other licensee's cellular system on
   the same channel block, any part of the Gulf of Mexico Exclusive Zone
   (GMEZ), or into any adjacent cellular market on a channel block for
   which the five year build-out period has expired.

   (b) Contract extensions. Except as otherwise provided in paragraph (d)
   of this section, cellular system licensees may enter into contracts to
   allow SAB extensions as follows:

   (1) The licensee of any cellular system may, at any time, enter into a
   contract with an applicant for, or licensee of, a cellular system on
   the same channel block in an adjacent cellular market, to allow one or
   more SAB extensions into its CGSA only (not into unserved area).

   (2) The licensee of the first authorized cellular system on each
   channel block in the Gulf of Mexico Service Area (GMSA) may enter into
   a contract with an applicant for, or licensee of, a cellular system on
   the same channel block in an adjacent cellular market or in the Gulf
   of Mexico Coastal Zone (GMCZ), to allow one or more SAB extensions
   into the Gulf of Mexico Exclusive Zone.

   (3) The licensee of the first authorized cellular system on each
   channel block in each cellular market may enter into a contract with
   an applicant for or licensee of a cellular system on the same channel
   block in an adjacent cellular market, to allow one or more SAB
   extensions into its CGSA and/or unserved area in its cellular market,
   during its five year build-out period.

   (b) Contract extensions. Except as restricted in paragraph (d) of this
   section, licensees of cellular systems on the same channel block in
   adjacent cellular markets may, at any time, enter into contracts with
   applicants or other licensees to allow SAB extensions into their CGSA
   only (not into unserved areas). Except as restricted in paragraph (d)
   of this section, licensees of the first authorized cellular systems on
   the same channel block in adjacent cellular markets may agree to allow
   SAB extensions into their CGSA and/or unserved areas in their cellular
   markets during the five year build-out period of the market into which
   the SAB extends.

   (c) Same applicant/licensee. Except as restricted in paragraph (d) of
   this section, licensees of cellular systems that are also an applicant
   or licensee on the same channel block in adjacent cellular markets
   may, at any time, allow or propose SAB extensions from their adjacent
   market system into their CGSH only (not into unserved areas). Except
   as restricted in paragraph (d) of this section, licensees of the first
   authorized cellular systems that are also an applicant or licensee on
   the same channel block in adjacent cellular markets may allow or
   propose SAB extensions from their adjacent market system into their
   CGSA and/or unserved areas in their cellular markets during the five
   year build-out period of the market into which the SAB extends.

   (d) Unserved area systems. Phase I initial cellular applications must
   not propose SAB extensions. Phase I sole major modification
   applications and Phase II applications may propose SAB extensions,
   subject to the conditions in this section.

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  68 FR 42295 , July 17, 2003]