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Conditional Authority

On June 30, 1990, the Commission, in accordance with its Report and Order, PR Docket No. 88-567, 4 FCC rcd 8280 (1989), implemented a conditional licensing procedure for new and itinerant private land mobile radio stations on shared frequencies in the bands below 470 MHz. (See 47 CFR 90.159). Conditional licensing also applies to applicants requesting modification, assignment of authorization, or transfer of control of existing stations in these bands.
To be eligible for conditional authority, an applicant who has satisfied frequency coordination requirements and has filed the requisite FCC license application form must meet specified conditions that demonstrate that the application can be routinely granted because it raises no special issues. These conditions are as follows:
  1. The proposed transmitter site does not require Canadian coordination
  2. Authorization of the proposed station does not require a rule waiver;
  3. The proposed station will not significantly affect the environment as defined by 47 CFR 1.1307.
  4. The proposed station or tower structure does not pose a hazard to aviation safety and does not create any FCC antenna clearance issues
  5. The proposed station does not threaten any of the protected sites listed in 47 CFR 1.924 of the rules, 47 CFR 1.924
  6. Frequency coordination has been secured.
Conditional authority is evidenced by the applicant's posting of its executed FCC Form 601 at every control point of the system or an address or location where the current executed copy may be found. (See 47 CFR 90.437(c)).
Refarming (PR Docket No. 92-235, Second Report and Order released March 12, 1997) changed the rules to institute a ten business day waiting period in the refarming bands after coordination prior to when an applicant could operate pursuant to conditional temporary authority.
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