[Code of Federal Regulations] [Title 47, Volume 5] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 47CFR101.31] [Page 615-616] TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) PART 101_FIXED MICROWAVE SERVICES--Table of Contents Subpart B_Applications and Licenses Sec. 101.31 Temporary and conditional authorizations. (a) Operation at temporary locations. (1) Authorizations may be issued upon proper application for rendition of temporary service to subscribers under the following conditions: (i) When a fixed station, authorized to operate at temporary locations, is to remain at a single location for more than 6 months, an application for a station authorization designating that single location as the permanent location shall be filed at least 90 days prior to the expiration of the 6 month period; (ii) The station shall be used only for rendition of communication service at a remote point where the provision of wire facilities is not practicable within the required time frame; and (iii) The antenna structure height employed at any location shall not exceed the criteria set forth in Sec. 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure height for each location has been obtained from the Commission prior to erection of the antenna. See Sec. 101.125. (2) Applications for authorizations to operate stations at temporary locations under the provisions of this section shall be made upon FCC Form 601. Blanket applications may be submitted for the required number of transmitters. An application for authority to operate a fixed station at temporary locations must specify the precise geographic area within which the operation will be confined. The area specified must be defined as a radius of operation about a specific coordinate (latitude/ longitude), or as a county, or as a State. Exception to this specific requirement may be made for exceptionally large areas, such as the continental United States. Sufficient data must be submitted to show the need for the proposed area of operation. (3) Operations in the 17.8-19.7 GHz band are prohibited in the areas defined in Sec. 1.924 of this chapter. Operations proposed in the areas defined in Sec. 1.924 of this chapter may not commence without prior specific notification to, and authorization from, the Commission. (b) Conditional authorization. (1) An applicant for a new point-to- point microwave radio station(s) or a modification of an existing station(s) in the 952.95-956.15, 956.55-959.75, 3,700-4,200; 5,925- 6,425; 6,525-6,875; 10,550-10,680; 10,700-11,700; 11,700-12,200; 12,700- 13,200; 13,200-13,250; 17,700-19,700; and 21,800-22,000 MHz, and 23,000- 23,200 MHz bands (see Sec. 101.147(s) for specific service usage) may operate the proposed station(s) during the pendency of its applications(s) upon the filing of a properly completed formal application(s) that complies with subpart B of part 101 if the applicant certifies that the following conditions are satisfied: (i) The frequency coordination procedures of Sec. 101.103 have been successfully completed; (ii) The antenna structure(s) has been previously studied by the Federal Aviation Administration and determined to pose no hazard to aviation safety as required by subpart B of part 17 of this chapter; or the antenna or tower structure does not exceed 6.1 meters above ground level or above an existing man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC; (iii) The grant of the application(s) does not require a waiver of the Commission's rules: (iv) The applicant has determined that the facility(ies) will not significantly affect the environment as defined in Sec. 1.1307 of this chapter; (v) The station site does not lie within 56.3 kilometers of any international border, within areas identified in Sec. Sec. 1.924(a) through (d) of this chapter unless the affected entity consents in writing to conditional operation or, if [[Page 616]] operated on frequencies in the 17.8-19.7 GHz band, within any of the areas identified in Sec. 1.924 of this chapter; (vi) If operated on frequencies in the 10.6-10.68 GHz band, the station site does not lie within any of the following regions: ---------------------------------------------------------------------------------------------------------------- Dimensions=radius in Name of region kilometers Center-point ---------------------------------------------------------------------------------------------------------------- Kitt Peak, Arizona.................. 60 N31-57-22; W111-36-42 Big Pine, California................ 60 N37-13-54; W118-16-34 Vandenburg AFB, California.......... 75 N34-43-00; W120-34-00 Denver, Colorado.................... 150 N39-43-00; W104-46-00 Washington, DC...................... 150 N38-48-00; W76-52-00 Eglin AFB, Florida.................. 50 N30-29-00; W86-32-00 Mauna Kea, Hawaii................... 60 N19-48-16; W155-27-29 North Liberty, Iowa................. 60 N41-46-17; W91-34-26 Maryland Point, Maryland............ 60 N38-22-26; W77-14-00 Hancock, New Hampshire.............. 60 N42-56-01; W71-59-12 Los Alamos, New Mexico.............. 60 N35-46-30; W106-14-42 Pie Town, New Mexico................ 60 N34-18-04; W108-07-07 Socorro, New Mexico................. 160 N34-04-43; W107-37-04 WSMR, New Mexico.................... 75 N32-23-00; W106-29-00 Minot AFB, North Dakota............. 80 N48-15-00; W101-17-00 Arecibo, Puerto Rico................ 160 N18-20-37; W66-45-11 Fort Davis, Texas................... 60 N30-38-06; W103-56-39 St. Croix, Virgin Islands........... 60 N17-45-31; W64-35-03 Brewster, Washington................ 60 N48-07-53; W119-40-55 Green Bank, West Virginia........... 160 N38-25-59; W79-50-24 ---------------------------------------------------------------------------------------------------------------- Note: Coordinates are referenced to North American Datum 1983 (NAD83). (vii) With respect to the 21.8-22.0 GHz and 23.0-23.2 GHz band, the filed application(s) does not propose to operate on a frequency pair centered on other than 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/ 23.125 GHz or 21.975/23.175 GHz and does not propose to operate with an E.I.R.P. greater than 55 dBm. The center frequencies are shifted from the center frequencies listed above for certain bandwidths as follows: add 0.005 GHz for 20 MHz bandwidth channels, add 0.010 GHz for 30 MHz bandwidth channels, and subtract 0.005 GHz for 40 MHz bandwidth channels. See specific channel listings in Sec. 101.147(s). (viii) The filed application(s) is consistent with the proposal that was coordinated pursuant to Sec. 101.103. (2) Conditional authority ceases immediately if the application(s) is returned by the Commission because it is not acceptable for filing. (3) Conditional authorization does not prejudice any action the Commission may take on the subject application(s). Conditional authority is accepted with the express understanding that such authority may be modified or cancelled by the Commission at any time without hearing if, in the Commission's discretion, the need for such action arises. An applicant operating pursuant to this conditional authority assumes all risks associated with such operation, the termination or modification of the conditional authority, or the subsequent dismissal or denial of its applications(s). [61 FR 26677, May 28, 1996, as amended at 62 FR 55538, Oct. 27, 1997; 63 FR 10779, Mar. 5, 1998; 63 FR 68981, Dec. 14, 1998; 65 FR 38327, June 20, 2000; 68 FR 4955, Jan. 31, 2003; 69 FR 17959, Apr. 6, 2004] Processing of Applications