[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR21.41]



[Page 48]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 21_DOMESTIC PUBLIC FIXED RADIO SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 21.41  Special processing of applications for minor facility 

modifications.



    (a) Unless an applicant is notified to the contrary by the 

Commission, as of the twenty-first day following the date of public 

notice, any application that meets the requirements of paragraph (b) of 

this section and proposes only the change specified in paragraph (c) of 

this section shall be deemed to have been authorized by the Commission.

    (b) An application may be considered under the procedures of this 

section only if:

    (1) It is in the Multipoint Distribution Service;

    (2) The cumulative effect of all such applications made within any 

60 days period does not exceed the appropriate values prescribed by 

paragraph (c) of this section;

    (3) The facilities to be modified are not located within 56.3 

kilometers (35 miles) of the Canadian or Mexican border;

    (4) It is acceptable for filing, is consistent with all of the 

Commission's rules, and does not involve a waiver request;

    (5) It specifically requests consideration pursuant to this section;

    (6) Frequency notification procedures are complied with and a copy 

of the application has been served on those who also were served under 

Sec. 21.902; and

    (7) In the Multipoint Distribution Service, the modified facility 

would not produce a power flux density that exceeds -73 dBW/m\2\, 

pursuant to Sec. Sec. 21.902 and 21.939 at locations on the boundaries 

of protected service areas to which there is an unobstructed signal 

path.

    (c) The modifications that may be authorized under the procedures of 

this section are:

    (1) Changes in a transmitter and existing transmitter operating 

characteristics, or protective configuration of transmitter, provided 

that:

    (i) In the Multipoint Distribution Service, any increase in EIRP is 

one and one-half dB or less over the previously-authorized power value; 

or

    (ii) The necessary bandwidth is not increased by more than 10% of 

the previously authorized necessary bandwidth.

    (2) Changes in the height of an antenna, provided that:

    (i) In Multipoint Distribution Service, any increase in antenna 

height is less than 3.0 meters above the previously authorized height; 

and

    (ii) The overall height of the antenna structure is not increased as 

a result of the antenna extending above the height of the previously 

authorized structure, except when the new height of the antenna 

structure is 6.1 meters or less (above ground or man-made structure, as 

appropriate) after the change is made.

    (3) Change in the geographical coordinates of a transmit station by 

ten seconds or less of latitude, longitude or both, provided that when 

notice to the FAA of proposed construction is required by part 17 of 

this chapter for antenna structure at the previously authorized 

coordinates (or will be required at the new location) the applicant must 

comply with the provisions of Sec. 21.15(d).

    (d) Upon grant of an application under the procedure of this section 

and at such time that construction begins, the applicant must keep a 

complete copy of the application (including the filing date) with the 

station license if construction is commenced prior to the receipt of the 

authorization.



[52 FR 37780, Oct. 9, 1987, as amended at 55 FR 46009, Oct. 31, 1990; 58 

FR 44894, Aug. 25, 1993; 60 FR 36552, July 17, 1995; 61 FR 4364, Feb. 6, 

1996; 61 FR 26674, May 28, 1996]