§ 90.1207   Licensing.

   (a) A 4940-4990 MHz band license gives the licensee authority to operate on
   any authorized channel in this band within its licensed area of operation.
   See § 90.1213. A 4940-4990 MHz band license will be issued for the geographic
   area encompassing the legal jurisdiction of the licensee or, in case of a
   nongovernmental organization, the legal jurisdiction of the state or local
   governmental entity supporting the nongovernmental organization.

   (b) Subject to § 90.1209, a 4940-4990 MHz band license gives the licensee
   authority to construct and operate any number of base stations anywhere
   within the area authorized by the license, except as follows:

   (1) A station is required to be individually licensed if:

   (i) International agreements require coordination;

   (ii) Submission of an environmental assessment is required under § 1.1307 of
   this chapter; or

   (iii) The station would affect areas identified in § 1.924 of this chapter.

   (2) Any antenna structure that requires notification to the Federal Aviation
   Administration  (FAA)  must be registered with the Commission prior to
   construction under § 17.4 of this chapter.

   (c) A 4940-4990 MHz band license gives the licensee authority to operate
   base and mobile units (including portable and handheld units) and operate
   temporary  (1  year  or  less) fixed stations anywhere within the area
   authorized by the license. Such licensees may operate base and mobile units
   and/or temporary fixed stations outside their authorized area to assist
   public safety operations with the permission of the jurisdiction in which
   the radio station is to be operated. Base and temporary fixed stations are
   subject to the requirements of paragraph (b) of this section.

   (d) Permanent fixed point-to-point and point-to-multipoint stations in the
   4940-4990 MHz band must be licensed individually on a site-by-site basis.
   Such fixed stations that connect 4940-4990 MHz band base and mobile stations
   that are used to deliver broadband service, as well as other public safety
   networks using spectrum designated for broadband use, are accorded primary
   status. Primary status is also accorded to stand-alone permanent fixed
   4940-4990 MHz band links that are used to deliver broadband service. Primary
   permanent fixed point-to-point and point-to-multipoint stations must use
   directional antennas with gains greater than 9 dBi up to 26 dBi. Permanent
   fixed point-to-point stations that do not meet the criteria for primary
   status will be authorized only on a secondary, non-interference basis to
   base, mobile, temporary fixed, and primary permanent fixed operations.

   [ 68 FR 38639 , June 30, 2003, as amended at  69 FR 17959 , Apr. 6, 2004;  74 FR 23803 , May 21, 2009]

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