§ 90.683   EA-based SMR system operations.

   (a) EA-based licensees authorized in the 809-824/854-869 MHz band pursuant
   to § 90.681 of this part may construct and operate base stations using any of
   the base station frequencies identified in their spectrum block anywhere
   within their authorized EA, provided that:

   (1) The EA licensee affords protection, in accordance with § 90.621(b), to
   all previously authorized co-channel stations that are not associated with
   another EA license;

   (2) The EA licensee complies with any rules and international agreements
   that  restrict  use of frequencies identified in their spectrum block,
   including  the  provisions  of  § 90.619  relating to U.S./Canadian and
   U.S./Mexican border areas;

   (3) The EA licensee limits the field strength of its base stations at any
   location on the border of the EA service area in accordance with § 90.689;

   (4)  Upon  request  by an incumbent licensee or the Commission, the EA
   licensees shall furnish the technical parameters, location and coordinates
   of the completion of the addition, removal, relocation or modification of
   any of its facilities within the EA. The EA licensee must provide such
   information within ten (10) days of receiving a written request.

   (5) For any construction or alteration that would exceed the requirements of
   § 17.7 of this chapter, licensees must notify the appropriate Regional Office
   of the Federal Aviation Administration (FAA Form 7460-1) and file a request
   for  antenna  height  clearance  and  obstruction marking and lighting
   specifications (FCC Forn 854) with the FCC, WTB, Support Services Branch,
   Gettysburg, PA 17325.

   (6)  Any  additional  transmitters placed in operation must not have a
   significant environmental effect as defined by § § 1.1301 through 1.1319 of
   this chapter.

   (b)  In  the  event that the authorization for a previously authorized
   co-channel station within the EA licensee's spectrum block is terminated or
   revoked, the EA licensee's co-channel obligations to such station will cease
   upon deletion of the facility from the Commission's official licensing
   records, and the EA licensee then will be able to construct and operate
   without regard to that previous authorization.

   [ 61 FR 6158 , 6159, Feb. 16, 1996, as amended at  62 FR 41216 , July 31, 1997;
    63 FR 68970 , Dec. 14, 1998;  69 FR 67852 , Nov. 22, 2004]

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