Sec.  74.985   Signal booster stations.

   

   (a) An ITFS booster station may reuse channels to repeat the signals
   of ITFS stations or to originate signals on ITFS channels. The
   aggregate power flux density generated by an ITFS station and all
   associated signal booster stations and all simultaneously operating
   cochannel response stations licensed to or applied for by the
   applicant may not exceed -73 dBW/m 2 (or the appropriately adjusted
   value based on the actual bandwidth used if other than 6 MHz, see
   Sec. 74.903(a)(6)(i)) at or beyond the boundary of the protected service
   area, as defined by Sec. 21.902(d) of this chapter, of the main ITFS
   station whose channels are being reused, as measured at locations for
   which there is an unobstructed signal path, unless the consent of the
   cochannel licensee is obtained.

   (b) A licensee or the capacity lessee of such ITFS station upon the
   written consent of the licensee, may secure a license for a high power
   signal booster station that has a maximum EIRP in excess of -9 dBW +
   10 log(X/6) dBW where X is the channel width in MHz, if it complies
   with the out-of-band emission requirements of Sec. 21.908. Any licensee of
   a high-power booster station that is a capacity lessee shall, upon
   termination or expiration of the capacity lease, automatically assign
   the booster station license to the licensee of the ITFS station by and
   upon written notice to the Commission signed by the lessee and such.
   If upon termination or expiration of the capacity lease the licensee
   no longer desires or needs the high-power booster station license,
   such a license must be returned to the Commission. Furthermore, such
   capacity lessee must reserve 20 hours per week per channel for ITFS
   use, or reserve for recapture by the ITFS licensee for its ITFS
   educational usage, subject to one year's advance, written notification
   by the ITFS licensee to its lessee and accounting for all recapture
   already exercised, with no economic or operational detriment to the
   licensee, for a lessor using analog transmissions. Alternatively, the
   capacity lessee must reserve a minimum of 5% of the capacity of its
   channels for instructional purposes only and provide at least 20 hours
   per licensed channel per week of ITFS educational usage for the lessor
   using digital transmissions. The applicant for a high-power station,
   or for modification thereto, shall file FCC Form 331 with the
   Commission Reference Room in Washington, DC, and certify on that form
   that the applicant has complied with the additional requirements of
   this paragraph (b), and that the interference data submitted under
   this paragraph is complete and accurate. Failure to certify compliance
   and to comply completely with the following requirements of this
   paragraph (b) shall result in dismissal of the application or
   revocation of the high-power ITFS signal booster station license, and
   may result in imposition of a monetary forfeiture. The applicant is
   additionally required to submit (see Sec. 21.902(m) for permissible
   format(s) and media) to the Commission's Reference Room the following
   information:

   (1) A demonstration that the proposed signal booster station site is
   within the protected service area, as defined in Sec. 21.902(d)(1) of this
   chapter, of the main ITFS station whose channels are to be reused; and

   (2) A demonstration that the booster service area is entirely within
   the protected service area of the ITFS station whose channels are
   being reused, or in the alternative, that the licensee entitled to any
   cochannel protected service area which is overlapped by the proposed
   booster service area has consented to such overlap; and

   (3) A demonstration that the proposed booster service area can be
   served by the proposed booster without interference; and

   (4) A study which demonstrates that the aggregate power flux density
   of the ITFS station and all associated booster stations and
   simultaneously operating cochannel response stations licensed to or
   applied for by the applicant does not exceed -73 dBW/m 2 (or the
   appropriately adjusted value based on the actual bandwidth used if
   other than 6 MHz, see Sec. 74.903(a)(6)(i)) at or beyond the boundary of
   the protected service area of the main ITFS station whose channels are
   to be reused, as measured at locations for which there is an
   unobstructed signal path, unless the consent of affected licensees has
   been obtained; and

   (5) In lieu of the requirements of Sec. 74.903, a study which demonstrates
   that the proposed signal booster station will cause no harmful
   interference (as defined in Sec. 74.903(a)(1) and (2)) to cochannel and
   adjacent channel, authorized or previously-proposed ITFS and MDS
   stations with protected service area center coordinates as specified
   in Sec. 21.902(d) of this chapter, to any authorized or
   previously-proposed response station hubs, booster service areas, or I
   channel stations associated with such ITFS and MDS stations, or to any
   ITFS receive sites registered as of September 17, 1998, within 160.94
   kilometers (100 miles) of the proposed booster station's transmitter
   site. Such study shall consider the undesired signal levels generated
   by the proposed signal booster station, the main station, all other
   licensed or previously-proposed associated booster stations, and all
   simultaneously operating cochannel response stations licensed to or
   applied for by the applicant. In the alternative, a statement from the
   affected MDS or ITFS licensee stating that it does not object to
   operation of the high-power ITFS signal booster station may be
   submitted; and

   (6) A description of the booster service area; and

   (7) A certification that copies of the materials set forth in
   paragraph (b) of this section have been served upon the licensee of
   each station (including each response station hub and booster station)
   required to be studied pursuant to paragraph (b)(5) of this section,
   and upon any affected holder of a BTA or PSA authorization pursuant to
   paragraph (b)(4) of this section.

   (8) If the applicant is a capacity lessee, a certification that:

   (i) The licensee has provided its written consent to permit the
   capacity lessee to apply for the booster station license; and

   (ii) The applicant and the licensee have entered into a lease that is
   in effect at the time of such filing.

   (c) Applications for high-power ITFS signal booster station licenses
   shall be deemed minor change applications and, except as provided in
   Sec. 74.911(e), may be filed at any time. Notwithstanding any other
   provision of part 74, applications for high-power ITFS signal booster
   station licenses meeting the requirements of paragraph (b) of this
   section shall cut-off applications that are filed on a subsequent day
   for facilities that would cause harmful electromagnetic interference
   to the proposed booster stations.

   (d) Notwithstanding the provisions of Sec. 74.912 and except as provided
   in Sec. 74.911(e), any petition to deny an application for a high-power
   ITFS signal booster station license shall be filed no later than the
   sixtieth (60th) day after the date of public notice announcing the
   filing of such application or major amendment thereto. Except as
   provided in Sec. 74.911(e), an application for a high-power ITFS signal
   booster station license that meets the requirements of paragraph (b)
   of this section shall be granted on the sixty-first (61st) day after
   the Commission shall have given public notice of the acceptance for
   filing of it, or of a major amendment to it if such major amendment
   has been filed, unless prior to such date either a party in interest
   timely files a formal petition to deny or for other relief pursuant to
   Sec. 74.912, or the Commission notifies the applicant that its application
   will not be granted. Where an application is granted pursuant to the
   provisions of this paragraph, the licensee shall maintain a copy of
   the application at the ITFS booster station until such time as the
   Commission issues a high-power ITFS signal booster station license.

   (e) A licensee or the capacity lessee of such ITFS station upon the
   written consent of the licensee, shall be eligible to install and
   operate a low power signal booster station that has a maximum EIRP of
   -9 dBW +log10(X/6) dBW, where X is the channel width in MHz. A
   low-power ITFS signal booster station may operate only on one or more
   ITFS channels that are licensed to the licensee of the ITFS booster
   station, but may be operated by a third party with a fully-executed
   lease or consent agreement with the ITFS licensee. Any licensee of a
   low-power booster station that is a capacity lessee shall, upon
   termination or expiration of the capacity lease, automatically assign
   the booster station license to the licensee of the ITFS station by and
   upon written notice to the Commission signed by the lessee and such
   licensee. If upon termination or expiration of the capacity lease the
   licensee no longer desires or needs the low-power booster station
   license, such a license must be returned to the Commission. An ITFS
   licensee or capacity lessee thereof may install and commence operation
   of a low-power ITFS signal booster station for the purpose of
   retransmitting the signals of the ITFS station or for originating
   signals. Such installation and operation shall be subject to the
   condition that for sixty (60) days after installation and commencement
   of operation, no objection or petition to deny is filed by the
   licensee of a, or applicant for a previously-proposed, cochannel or
   adjacent channel ITFS or MDS station with a transmitter within 8.0
   kilometers (5 miles) of the coordinates of the low-power ITFS signal
   booster station. An ITFS licensee or capacity lessee thereof seeking
   to install a low-power ITFS signal booster station under this rule
   must submit a FCC Form 331 to the Commission within 48 hours after
   installation. In addition, the ITFS licensee, or capacity lessee must
   submit the following information (see Sec. 21.902(m) for permissible
   format(s) and media) to the Commission's Reference Room:

   (1) A description of the signal booster technical specifications
   (including an antenna envelope plot or, if the envelope plot is on
   file with the Commission, the make and model of the antenna, antenna
   gain and azimuth), the coordinates of the booster, the height of the
   center of radiation above mean sea level, the street address of the
   signal booster, and a description of the booster service area; and

   (2) A demonstration that the booster service area is entirely within
   the protected service area of the station whose channels are being
   reused, or, in the alternative, that the licensee entitled to any
   protected service area which is overlapped by the proposed booster
   service area has consented to such overlap; and

   (3) A demonstration that the proposed booster service area can be
   served by the proposed booster without interference; and

   (4) A certification that

   (i) The maximum power level of the signal booster transmitter does not
   exceed -9 dBW + 10 log(X/6) dBW, where X is the channel width in MHz;
   and

   (ii) Where the booster is operating on channel D4, E1, F1, E2, F2, E3,
   F3, E4, F4 and/or G1, no registered receiver of an ITFS E or F channel
   station, constructed prior to May 26, 1983, is located within a 1 mile
   (1.61 km) radius of the coordinates of the booster, or in the
   alternative, that a consent statement has been obtained from the
   affected ITFS licensee; and

   (iii) The applicant has complied with Sec. 1.1307 of this chapter; and

   (iv) Each MDS and/or ITFS station licensee (including the licensees of
   booster stations and response station hubs) with protected service
   areas and/or registered receivers within a 8 km (5 mile) radius of the
   coordinates of the booster has been given notice of its installation;
   and

   (v) The signal booster site is within the protected service area of
   the ITFS station whose channels are to be reused; and

   (vi) The aggregate power flux density of the ITFS station and all
   associated booster stations and simultaneously operating cochannel
   response stations licensed to or applied for by the applicant does not
   exceed -73 dBW/m 2 (or the appropriately adjusted value based on the
   actual bandwidth used if other than 6 MHz, see Sec. 74.903(a)(6)(i)) at or
   beyond the boundary of the protected service area of the main ITFS
   station whose channels are to be reused, as measured at locations for
   which there is an unobstructed signal path, unless the consent of
   affected licensees has been obtained; and

   (vii) The antenna structure will extend less than 6.10 meters (20
   feet) above the ground or natural formation or less than 6.10 meters
   (20 feet) above an existing manmade structure (other than an antenna
   structure); and

   (viii) The applicant understands and agrees that in the event harmful
   interference is claimed by the filing of an objection or petition to
   deny, it must terminate operation within two (2) hours of notification
   by the Commission, and must not recommence operation until receipt of
   written authorization to do so by the Commission; and

   (ix) If the applicant is a capacity lessee, a certification that:

   (A) The licensee has provided its written consent to permit the
   capacity lessee to apply for the booster station license; and

   (B) The applicant and the licensee have entered into a lease that is
   in effect at the time of such filing.

   (f) Commencing upon the filing of an application for a high-power ITFS
   signal booster station license and until such time as the application
   is dismissed or denied or, if the application is granted, a
   certification of completion of construction on FCC Form 330A is
   submitted, an applicant for any new or modified MDS or ITFS station
   (including any response station hub, high-power booster station, or I
   channels station) shall demonstrate compliance with the interference
   protection requirements set forth in Sec. Sec. 21.902(i) and 21.938(b)(3) of
   this chapter or Sec. 74.903 with respect to any previously-proposed or
   authorized booster service area both using the transmission parameters
   of the high-power ITFS signal booster station (e.g., EIRP,
   polarization(s) and antenna height) and the transmission parameters of
   the ITFS station whose channels are to be reused by the high-power
   ITFS signal booster station. Upon the submission of a certification of
   completion of construction on FCC Form 330A of an ITFS booster station
   applied for pursuant to paragraph (b) of this section, or upon the
   submission of an ITFS booster station notification pursuant to
   paragraph (e) of this section, the ITFS station whose channels are
   being reused by the ITFS signal booster shall no longer be entitled to
   interference protection pursuant to Sec. Sec. 21.902(i) and 21.938(b)(3) of
   this chapter and Sec. 74.903 within the booster service area based on the
   transmission parameters of the ITFS station whose channels are being
   reused. A booster station shall not be entitled to protection from
   interference caused by facilities proposed on or prior to the day the
   application or notification for the booster station is filed. A
   booster station shall not be required to protect from interference
   facilities proposed on or after the day the application or
   notification for the booster station is filed.

   (g) Where an application is granted under paragraph (d) of this
   section, if a facility operated pursuant to that grant causes harmful,
   unauthorized interference to any cochannel or adjacent channel
   facility, it must promptly remedy the interference or immediately
   cease operations of the interfering facility, regardless of whether
   any petitions to deny or for other relief were filed against the
   application during the application process. The burden of proving that
   a high-power ITFS signal booster station is not causing harmful,
   unauthorized interference lies on the licensee of the alleged
   interfering facility, following the filing of a documented complaint
   of interference by an affected party.

   (h) In the event any MDS or ITFS receive site suffers interference due
   to block downconverter overload, the licensee of each non-co/adjacent
   channel signal booster station within five miles of such receive site
   shall cooperate in good faith to expeditiously identify the source of
   the interference. Each licensee of a signal booster station
   contributing to such interference shall bear the joint and several
   obligation to remedy promptly all interference resulting from block
   downconverter overload at any ITFS registered receive site or at any
   receive site within an MDS or ITFS protected service area applied for
   prior to the submission of the application or notification for the
   signal booster station, regardless of whether the receive site
   suffering the interference was constructed prior to or after the
   construction of the signal booster station(s) causing the
   downconverter overload; provided, however, that the licensee of the
   registered ITFS receive site or the MDS or ITFS protected service area
   must cooperate fully and in good faith with efforts by signal booster
   station licensees to prevent interference before constructing the
   signal booster station and/or to remedy interference that may occur.
   In the event that more than one signal booster station licensee
   contributes to block downconverter overload interference at an MDS or
   ITFS receive site, such licensees shall cooperate in good faith to
   remedy promptly the interference.

   [ 63 FR 65125 , Nov. 25, 1998, as amended at  64 FR 63743 , Nov. 22, 1999;
    65 FR 46624 , July 31, 2000]

   Effective Date Note:   At  65 FR 46624 , July 31, 2000, Sec. 74.985 was
   amended by adding (b)(8) and (e)(4)(ix). These paragraphs contain
   information collection and recordkeeping requirements and will not
   become effective until approval has been given by the Office of
   Management and Budget.