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Part 21 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: Part 21 Domestic Public Fixed Radio Services 1. The authority citation for Part 21 continues to read as follows: Authority: Secs. 1, 2, 4, 201205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 410, 602; 48 Stat. 1064, 1066, 10701073, 1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102, as amended; 47 U.S.C. 151, 154, 201205, 208, 215, 218, 303, 307, 313, 314, 403, 602; 47 U.S.C. 552, 554. 2. Section 21.2 is amended as follows:  21.2 Definitions. As used as follows: '* * * * * Basic Trading Area (BTA). The geographic areas by which the Multipoint Distribution Service is licensed. BTA boundaries are based on the Rand McNally 1992 Commercial Atlas and Marketing Guide, 123rd Edition, pp. 3639, and include six additional BTAlike areas as specified in  21.924(b). BTA authorization holder. The individual or entity authorized by the Commission to provide Multipoint Distribution Service to the population of a BTA. BTA service area. The area within the boundaries of a BTA to which a BTA authorization holder may provide Multipoint Distribution Service. This area excludes the protected service areas of incumbent MDS stations and the registered receive sites of previously authorized and proposed ITFS stations. Incumbent. An MDS station that was authorized or proposed before September 15, 1995, including those stations that are subsequently modified, renewed or reinstated. Partitioned service area authorization holder. The individual or entity authorized by the Commission to provide Multipoint Distribution Service to the population of a partitioned service area. Partitioned service area (PSA). The area within the coterminous boundaries of one of more counties or other geopolitical subdivisions, drawn from a BTA, to which an authorization holder may provide Multipoint Distribution Service or the area remaining in a BTA upon partitioning any portion of that BTA. This area excludes the protected service areas of incumbent MDS stations and the registered receive sites of previously authorized and proposed ITFS stations. '* * * * * 3A. Section 21.7 is amended as follows:  21.7 Standard application form for domestic public fixed radio service licenses. Except for the Multipoint Distribution Service, * * * 3. Section 21.13 is amended to read as follows:  21.13 General application requirements. (a) * * * * * (4) Except for applications in the Multipoint Distribution Service filed on or after September 15, 1995, state specifically the reasons why a grant of the proposal would serve the public interest, convenience, and necessity. (b) Applications in the Multipoint Distribution Service, the Digital Electronic Message Service (DEMS) and the Point-to-Point Microwave Service shall not cross-reference previously filed material. Applications other than for the Multipoint Distribution Service, DEMS and Point-to-Point Microwave Services may cross-reference previously filed material where documents, exhibits or other lengthy showings already on file with the Commission contain information which is required by an application form and may specifically refer to such information, if: '* * * * * 4. Section 21.15 is amended to read as follows:  21.15 Technical content of applications. '* * * * * (a)(1) Except in the case of applicants for Multipoint Distribution Service stations who filed applications on or after September 15, 1995, applicants proposing a new station location (including receive-only stations and passive repeaters) must indicate whether the station site is owned. If it is not owned, its availability for the proposed radio station site must be demonstrated. Under ordinary circumstances, this requirement will be considered satisfied if the site is under lease or under written option to buy or lease. (* * * (3) Except for BTA and PSA authorization holders, Multipoint Distribution Service applicants proposing a new station location must certify the proposed station site will be available to the applicant for timely construction of the facilities during the initial construction period. '* * * * * (c) Each application involving a new or modified antenna supporting structure or passive facility, the addition or removal of an antenna, or the repositioning of an authorized antenna for a station or receive-only facility (except receive-only facilities in Multipoint Distribution Service and the Digital Electronic Message Service) must be accompanied by a vertical profile sketch of the total structure depicting its structural nature and clearly indicating the ground elevation (above sea level) at the structure site, the overall height of the structure above ground (including obstruction lights when required, lightning rods, etc.) and, if mounted on a building, its overall height above the building. The proposed antenna on the structure must be clearly identified and its height above-ground (measured to the center of radiation) clearly indicated. Alternatively, applicants in the Multipoint Distribution Service who filed applications on or after September 15, 1995 may provide this information in the MDS longform application. '* * * * * (e) Except for applicants in the Multipoint Distribution Service who filed applications on or after September 15, 1995, an applicant proposing construction of one or more new stations or modification of existing stations where substantial changes in the operation or maintenance procedures are involved must submit a showing of the general maintenance procedures involved to insure the rendition of good public communications service. The showing should include but need not be limited to the following: '* * * * * (g) Except for applications in the Multipoint Distribution Service filed on or after September 15, 1995, each application in the Point-to-Point Radio, Local Television Transmission and Digital Electronic Message Service (excluding user stations) proposing a new or replacement antenna (excluding omni-directional antennas) shall include an antenna radiation pattern showing the antenna power gain distribution in the horizontal plane expressed in decibels, unless such pattern is known to be on file with the Commission in which case the applicant may reference in its application the FCC-ID number that indicates that the pattern is on file with the Commission. Multipoint Distribution Service applicants who filed applications on after September 15, 1995 must provide related information in completing an MDS longform application. '* * * * * 5. Section 21.27 is amended to read as follows:  21.27 Public notice period. (a) * * * * *` ` (7) the BTAs designated for licensing through the competitive bidding process and the filing date for shortform applications for those areas; ` ` (8) the auction winners in the competitive bidding process; '* * * * * 6. Section 21.35 is amended to read as follows:  21.35 Comparative evaluation of mutually exclusive applications. (a) In order to expedite action on mutually exclusive applications in services under this rules part where the competitive bidding process or random selection process do not apply, the applicants may request the Commission to consider their applications without a formal hearing in accordance with the summary procedure outlined in paragraph (b) in this section if: '* * * * * 7. Section 21.41 is amended to read as follows:  21.41 Special processing of applications for minor facility modifications. '* * * * * (b) * * * * * (7) In the Multipoint Distribution Service, the modified facility would not produce a power flux density that exceeds 73 dBW/m2, pursuant to  21.902 and 21.939 of this subpart, at locations on the boundaries of protected service areas to which there is an unobstructed signal path. '* * * * * 8. Section 21.42 is amended to read as follows:  21.42 Certain modifications not requiring prior authorization. (a) Equipment in an authorized radio station may be replaced without prior authorization or notification if: (1) The replacement equipment is identical (i.e., same manufacturer and model number) with the replacement equipment; (2) For the Multipoint Distribution Service, the replacement transmitter, transmitting antenna, transmission line loss and/or devices between the transmitter and antenna, or combinations of the above, do not change the EIRP of a station in any direction. (b) * * * * * (3) The Commission is notified of changes made to facilities by the submission of a completed FCC Form 494 or for the Multipoint Distribution Service, an MDS longform application, as applicable, within thirty days after the changes are made. (4) In the Multipoint Distribution Service, the modified facility would not produce a power flux density at the protected service area boundary that exceeds 73 dBW/m2, pursuant to  21.902 and 21.939 of this subpart. (c) * * * * * (3) * * * ` ` (i) * * * ` ` (ii) For Digital Electronic Message Service, the new antenna conforms with  21.906 and the gain of the new antenna does not exceed that of the previously authorized antenna by more than one dB in any direction. ` ` (iii) For the Multipoint Distribution Service, the new antenna conforms with  21.906 and the EIRP resulting from the new antenna does not exceed that resulting from the previously authorized antenna by more than one dB in any direction. '* * * * * (d) Licensees may correct erroneous information on a license which does not involve a major change (i.e., a change that would be classified as a major amendment as defined by  21.23) without obtaining prior Commission approval by filing a completed FCC Form 494, or for the Multipoint Distribution Service licensees, by filing the MDS longform application. 9. Section 21.43 is amended to read as follows:  21.43 Period of construction; certification of completion of construction. (a) Except for Multipoint Distribution Service station licenses granted to BTA and PSA authorization holders, each license for a radio station for the services included in this Part shall specify as a condition therein the period during which construction of facilities will be completed and the station made ready for operation. * * * '* * * * * 10. Section 21.44 is amended to read as follows:  21.44 Forfeiture and termination of station authorization. (a) * * * (1) The expiration of the construction period specified therein, where applicable, or after such additional time as may be authorized by the Commission, unless within 5 days after that date certification of completion of construction has been filed with the Commission pursuant to  21.43; '* * * * * 11. Section 21.900 is amended to read as follows:  21.900 Eligibility. '* * * * * (c) * * * The applicant shall state whether or not service will be provided on a common carrier or non common carrier basis. In addition, a common carrier applicant shall state whether there is any affiliation or relationship to any intended or likely subscriber or program originator. * * * 12. Section 21.901 is amended to read as follows:  21.901 Frequencies. '* * * * * (d) * * * '* * * * *  (5) Notwithstanding the provision of  21.31(a) all applications, except for those filed on or after September 15, 1995, that propose to locate transmission facilities within or within 24.1 kilometers (15 miles) of the border of a Standard Metropolitan Statistical Area (SMSA) will be considered together. * * * (6) * * *  (7) All applications for frequencies in this band, except for those filed on or after September 15, 1995, must contain a showing of how interference with the operation of adjacent channels will be avoided and what steps the applicant has taken to comply with  21.902(a) of this part. '* * * * * 13. Section 21.902 is amended to read as follows:  21.902 Frequency interference. (a) All applicants, conditional licensees, and licensees shall make exceptional efforts to avoid harmful interference to other users and to avoid blocking potential adjacent channel use in the same city and cochannel use in nearby cities. In areas where major cities are in close proximity, careful consideration should be given to minimum power requirements and to the location, height, and radiation pattern of the transmitting antenna. Licensees, conditional licensees, and applicants are expected to cooperate fully in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission. (b) As a condition for use of frequency in this service, each applicant, conditional licensee, and licensee is required to: (1) Not enter into any lease or contract or otherwise take any action that would unreasonably prohibit location of another station's transmitting antenna at any given site inside its own protected service area. p' * * * * * (3) Engineer the system to provide at least 45 dB of cochannel interference protection within the 56.33 km (35 mile) protected service area of any authorized or previously proposed station that transmit, or may transmit, signals for standard television reception. (4) Engineer the station to provide at least 0 dB of adjacent channel interference protection within the 56.33 km (35 mile) protected service area of any authorized or previously proposed station that transmits, or may transmit, signals for standard television reception. (5)(i)Engineer the station to limit the calculated free space power flux density to 73 dBW/m2 at the boundary of a 56.33 km (35 mile) protected service area, where there is an unobstructed signal path from the transmitting antenna to the boundary; or alternatively, obtain the written consent of the entity authorized for the adjoining area to exceed the 73 dBW/m2 limiting signal strength at the common boundary. (ii) In determining signal path conditions, the following shall be used: a 9.1 meter (30 feet) receiving antenna height, the transmitting antenna height, terrain elevations and 4/3 earth radius propagation conditions. (6) If a proposed station is within 80 km (50 miles) of the Canadian or Mexican border, the station must be designed to meet the requirements set forth in international treaties. (c) The following interference studies must be prepared, must be available to the Commission upon request, and may be submitted as part of any application: (1) An analysis of the potential for harmful interference within the 56.33 km (35 mile) protected service areas of any authorized or previously proposed incumbent station: ` ` (i) if the coordinates of the applicant's proposed transmitter are within 160.94 km (100 miles) of the center coordinates of any authorized or previously proposed incumbent station with protected service area of 56.33 km (35 miles) as specified in  21.902(d); or '* * * * * (2) Applicants may design interference studies in any manner that demonstrates the avoidance of harmful interference, as defined in this subpart. ` ` (i) In lieu of interference studies, applicants may submit in accordance with  21.938 a written statement of no objection to the operation of the MDS station. ` ` (ii) The Commission may direct applicants to submit interference studies of a specific nature. (3) Except for new stations proposed in applications filed after June 15, 1995, in the case of a proposal to operate a non-colocated station within the protected service area of an authorized, or previously proposed, adjacent channel station, an analysis that identifies the areas within the protected service areas of both the authorized or previously proposed adjacent channel station and the proposed station that cannot be protected as specified in  21.902(b)(4) and an explanation of why the proposed station cannot be colocated with the existing or previously proposed station. '* * * * * (5) [Removed.] (d)(1) Subject to the limitations contained in subsection (e) of this section, each MDS station licensee shall be protected from harmful electrical interference, as determined by the theoretical calculations, for a protected service area of which the boundary will be 56.3255 kilometers (35 miles) from the transmitter site. X` hp x (#%'0*,.8135@8: