Sec.  90.753   Conditions of license modification.

   (a) Except as provided in paragraphs (b), and (c) of this section, a Phase I
   non nationwide licensee may modify its authorization to relocate its
   authorized base station up to one-half the distance over 120 km toward any
   co-channel licensee's initially authorized base station, to a maximum
   distance of 8 km.

   (b) A Phase I non-nationwide licensee with an authorized base station
   located outside a Designated Filing Area (DFA) (see Public Notice, DA
   86–173,  52 FR 1302  (January 12, 1987)) may modify its authorization to
   relocate its authorized base station up to one-half the distance over 120 km
   toward any co-channel licensee's initially authorized base station, to a
   maximum distance of 25 km, so long as the base station is relocated no more
   than 8 km inside of any DFA (i.e., no more than 8 km from the nearest DFA
   boundary line).

   (c) A Phase I non-nationwide licensee that has been granted Special
   Temporary Authority (STA) to operate at an alternative base station location
   may modify its authorization to seek permanent authorization at that
   location, regardless of whether locating the station at the STA site is in
   strict conformance with the provisions of paragraphs (a) and (b) of this
   section, if the licensee certifies that such a modification is in
   conformance with  Sec.  Sec. 90.723 and 90.729 and:

   (1) It has constructed its base station and has placed it in operation, or
   commenced service, at the STA site on or before January 26, 1996; or

   (2) It has taken delivery of its base station transceiver on or before
   January 26, 1996.

   (d) The application for a Phase I non-nationwide licensee proposing a base
   station modification resulting in less than 120 km separation from a
   co-channel licensee's initially authorized base station will be accepted by
   the Commission only with the consent of that co-channel licensee, as
   evidenced in a statement submitted concurrently with the licensee's
   application submission on FCC Form 601.

   (e) The application of a Phase I non-nationwide licensee proposing a base
   station modification resulting in at least a 120 km separation from each
   co-channel licensee's initially authorized base station but more than
   one-half the distance over 120 km toward any co-channel licensee's initially
   authorized base station will be accepted by the Commission only with the
   consent of that co-channel licensee, as evidenced in a statement submitted
   concurrently with the licensee's submission on FCC Form 601.

   [ 61 FR 3845 , Feb. 2, 1996, as amended at  63 FR 68973 , Dec. 14, 1998]