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PE3QhPR&HHHXghH6X@Qh@|?xxxXoXx6NhQXHtx/D81X<D PE3QP tH)!X<,) PE3Q,P|r5dddXo'd6NhQH s4dddXdhQCourier 12pt (10cpi)Times New RomanTimes New Roman (Bold)CG TimesCG Times (Bold)CG Times (Italic)CourierCourier (Italic)Courier (Bold Italic)2MS Y0  #XR PE3Q?XP# o APPENDIX C ă  Y0 Parts 1, 21, 74 and 101 of Title 47 of the Code of Federal Regulations are amended as follows: PART 1 PRACTICE AND PROCEDURE   1. The authority for part 1 continues to read as follows:  Y`0Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 303(r).  xh2. In Section 1.1307, paragraph (b)(1), Table 1, right column is amended by adding the entry  x regarding MDS licensees directly following the existing reference to Multipoint Distribution  xService buildingmounted antennas, and by adding the entry regarding ITFS licensees directly following the existing reference to part 74, subpart I stations, to read as follows:  x 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. * * * * * (b) * * *   ` ` (1) * * * TABLE 1 TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO  ,  ROUTINE ENVIRONMENTAL EVALUATION K   O ddx !ddx @@O      \ Service (title 47 CFR rule part) Kx  \ Evaluation required if"0*(((\"    (   * * * * * x  Multipoint Distribution Service (subpart K of part 21). * * * * * Experimental, auxiliary, and special broadcast and other program distributional services (part 74).  \ * * * * * x (  * * * * * x  * * * * * * MDS licensees are required to attach a label to subscriber transceiver or transverter antennas that: (1) provides adequate notice regarding potential radiofrequency safety hazards,  Y0e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCCadopted limits for radiofrequency exposure specified in  1.1310. * * * * * * * * * * * ITFS licensees are required to attach a label to subscriber transceiver or transverter antennas that: (1) provides adequate notice regarding potential radiofrequency safety hazards,  Yy0e.g., information regarding the safe minimum separation distance required between users and transceiver antennas; and (2) references the applicable FCCadopted limits for radiofrequency exposure specified in  1.1310. * * *   * * * * * -  (  d -    * * * * * PART 21 DOMESTIC PUBLIC FIXED RADIO SERVICES 3. The authority for part 21 continues to read as follows:  xAuthority: Secs. 1, 2, 4, 201205, 208, 215, 218, 303, 307, 313, 403, 404, 410, 602, 48 Stat.  xas amended, 1064, 1066, 10701073, 1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102;  x47 U.S.C. 151, 154, 201205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47 U.S.C. 552, 554."&0*((&"Ԍ xԙ4. In Section 21.2, the following definitions, in alphabetical order, are revised to read as follows: * * * * *  Y0 xDocumented Complaint. A complaint that a party is suffering from nonconsensual interference.  xPA documented complaint must contain a certification that the complainant has contacted the  xoperator of the allegedly offending facility and tried to resolve the situation prior to filing. The  xcomplaint must then specify the nature of the interference, whether the interference is constant  xor intermittent, when the interference began and the site(s) most likely to be causing the  xinterference. The complaint should be accompanied by a videotape or other evidence showing  xthe effects of the interference. The complaint must contain a motion for a temporary order to  xhave the interfering station cease transmitting. The complaint must be filed with the Secretary's office and served on the allegedly offending party.  Y 0* * * * *  Yy0 x@Multipoint Distribution Service response station. A fixed station operated by an MDS licensee,  Yb0 xPthe lessee of MDS channel capacity or a subscriber of either to communicate with a response  xstation hub or associated MDS station. A response station under this part may share facilities  xwith other MDS response stations and/or one or more Instructional Television Fixed Service  x(ITFS) response stations authorized pursuant to  74.939 of this chapter or  74.940 of this  Y0chapter. * * * * *  Y0 xtResponse station hub. A fixed facility licensed to an MDS licensee, and operated by an MDS  xlicensee or the lessee of an MDS facility, for the reception of information transmitted by one or  xhmore MDS response stations that utilize digital modulation. A response station hub licensed  xpunder this part may share facilities with other MDS response station hubs, ITFS response station  xhubs authorized pursuant to  74.939, MDS signal booster stations, ITFS signal booster stations, MDS stations, and/or ITFS stations.  Y 0* * * * *  x5. In Section 21.11, paragraphs (f) and (g) are redesignated as paragraphs (e) and (f),  xrespectively, and the section heading, paragraph (d), and newly redesignated paragraph (e) are revised, to read as follows:  21.11 Miscellaneous forms. * * * * *   (d) Assignment of license. FCC Form 305 ("Application for Consent to Assignment of"#'0*((L&"  x<Radio Station Construction Authorization or License (for Stations in Services Other than  xBroadcast)") must be submitted to assign voluntarily (as by, for example, contract or other  xagreement) or involuntarily (as by, for example, death, bankruptcy, or legal disability) the station  x license or conditional license. In the case of involuntary assignment, the application must be  xfiled within 30 days of the event causing the assignment. FCC Form 305 also must be used for  Y0 x(nonsubstantial (pro forma) assignments. In addition, FCC Form 430 must be submitted by the  xproposed assignee unless such assignee has a current and substantially accurate report on file with  xLthe Commission. Whenever a group of station licenses or conditional licenses in the same radio  xLservice is to be assigned to a single assignee, a single "blanket" application may be filed to cover  xthe entire group, if the application identifies each station by call sign and station location and if  xptwo copies are provided for each station affected. The assignment must be completed within 45  xdays from the date of authorization. Upon consummation of an approved assignment, the  x$Commission must be notified by letter of the date of consummation within 10 days of its occurrence.   (e) Transfer of control of corporation holding a conditional license or license. FCC  xhForm 306 ("Application for Consent to Transfer of Control") must be submitted in order to  xvoluntarily or involuntarily transfer control (de jure or de facto) of a corporation holding any  xPconditional licenses or licenses. In the case of involuntary transfer of control, the application  xtmust be filed within 30 days of the event causing the transfer of control. FCC Form 306 also  xmust be used for nonsubstantial (pro forma) transfers of control. In addition, FCC Form 430  xLmust be submitted by the proposed transferee unless such transferee has a current and  xsubstantially accurate report on file with the Commission. Whenever control of a corporation  xholding a group of station licenses or conditional licenses in the same radio service is to be  xtransferred to a single transferee, a single "blanket" application may be filed to cover the entire  xtransfer, if the application identifies each station by call sign and station location and if two  xcopies are provided for each station affected. The transfer must be completed within 45 days  x4from the date of authorization. Upon consummation of an approved transfer, the Commission must be notified by letter of the date of consummation within 10 days of its occurrence. * * * * * 6. In Section 21.23, paragraphs (c)(1)(vi) and (c)(2) are revised to read as follows: * * * * * (c) * * * ` ` (1) * * * **  p$` `  (vi) Any technical change which would increase the effective radiated power in any horizontal or vertical direction by more than one and onehalf (1.5) dB; or * * * * *"#'0*((L&"Ԍ ` ԙ` ` (2) Except during the sixty (60) day amendment period provided for in   xX21.27(d), any amendment to an application for a new or modified response station hub, booster  xstation or pointtomultipoint I channel(s) station or to an application for a modified main station  x(that reflects any change in the technical specifications of the proposed facility , includes any new  xor modified analysis of potential interference to another facility or submits any interference  xconsent from a neighboring licensee. Such an amendment shall result in the application being assigned a new file number and being treated as newly filed.  'L%   'L%  * * * * * 'L&   'L&  7. In Section 21.27, paragraph (d) is added, to read as follows:  'L'   21.27 Public notice period. 'L(   'L(  * * * * * 'L)   'L)    `(d) Notwithstanding any other provisions of this part, effective as of September 17, 1998,  xthere shall be a one-week window, at such time as the Commission shall announce by public  xnotice, for the filing of applications for highpower signal booster station, response station hub  xand I channel(s) pointtomultipoint transmission licenses, during which all applications shall be  xdeemed to have been filed as of the same day for purposes of  21.909, 21.913 and 74.939(l)  x4of this chapter. Following the publication of a public notice announcing the tendering for filing  xof applications submitted during that window, applicants shall have a period of sixty (60) days  xto amend their applications, provided such amendments do not result in any increase in  xinterference to any previouslyproposed or authorized station, or to facilities proposed during the  x|window, absent consent of the applicant for or conditional licensee or licensee of the station that  xwould receive such interference. At the conclusion of that sixty (60) day period, the Commission  xshall publish a public notice announcing the acceptance for filing of all applications submitted  xPduring the initial window, as amended during the sixty (60) day period. All petitions to deny  xsuch applications must be filed within sixty (60) days of such second public notice. On the  xsixty-first (61st) day after the publication of such second public notice, applications for new or  xmodified response station hub, booster station and I channel(s) pointtomultipoint transmission  xlicenses may be filed and will be processed in accordance with the provisions of  21.909,  x21.913 and 74.939(l) of this chapter. Notwithstanding  21.31, each application submitted  xXduring the initial window shall be granted on the sixtyfirst (61st) day after the Commission shall  x(have given such public notice of its acceptance for filing, unless prior to such date either a party  xin interest timely files a formal petition to deny or for other relief pursuant to  21.30(a), or the  xXCommission notifies the applicant that its application will not be granted. Where an application  x(is granted pursuant to the provisions of this paragraph, the conditional licensee or licensee shall  xmaintain a copy of the application at the transmitter site or response station hub until such time as the Commission issues a license. 'L*   'L*   x08. In Section 21.31, paragraph (a) is revised to read as follows and paragraph (e)(6)(iv) is removed in its entirety: 'L+ "#'0*((L&"Ԍ  ԙ(a) Except with respect to applications for new or modified response stations hubs,  xbooster stations, and pointtomultipoint I channel stations, and to applications for modified main  xstations, filed on the same day or during the same window, he Commission will consider  xapplications to be mutually exclusive if their conflicts are such that grant of one application  xpwould effectively preclude by reason of harmful electrical interference, or other practical reason, the grant of one or more of the other applications. * * * * *  Y10 x$ 9. In Section 21.42, paragraph (b)(3) is revised, and paragraph (c)(8) is added, to read as follows:  21.42 Certain modifications not requiring prior authorization. * * * * * 'L0   'L0  (b) * * * * * * * *  ` 0` ` (3) The Commission is notified of changes made to facilities by the submission of a completed FCC Form 304 within thirty (30) days after the changes are made. ` ` * * * * * (c) * * * * * * * *  ` $` ` (8) A change to a sectorized antenna system comprising an array of directional  xantennas, provided that such system does not change polarization or result in an increase in  xXradiated power by more than one dB in any horizontal or vertical direction; provided, however,  xthat notice of such change is provided to the Commission on FCC Form 331 and to the Commission's copy contractor within ten (10) days of installation. * * * * * 'L710. In Section 21.101 paragraph (a) Note 2 is revised to read as follows:  Y"0 x$2Beginning [60 days following publication in the Federal Register ] the equipment authorized to  xbe used at all MDS main stations, and at all MDS booster stations authorized pursuant to   xP21.913(b), shall maintain a frequency tolerance of 0.001%. MDS booster stations authorized  xpursuant to  21.913(e) and MDS response stations authorized pursuant to  21.909 shall employ  xtransmitters with sufficient frequency stability to ensure that the emission is, at all times, within the required emission mask."$'0*((d&"Ԍ11. Section 21.201 is revised to read as follows: 'L9   'L9   21.201 Posting of station license. 'L:   'L:   Y0  ((a) The instrument of authorization, a clearly legible photocopy thereof, or the name,  xaddress and telephone number of the custodian of the instrument of authorization shall be  xavailable at each station, booster station authorized pursuant to  21.913(b) and MDS response  xstation hub. Each operator of an MDS booster station shall post at the booster station the name,  xaddress and telephone number of the custodian of the notification filed pursuant to  21.913(e) if such notification is not maintained at the booster station. 'L;   'L;    8(b) If an MDS station, an MDS booster station or an MDS response station hub is  xoperated unattended, the call sign and name of the licensee shall be displayed such that it may be read within the vicinity of the transmitter enclosure or antenna structure. 'L<   'L<  12. In Section 21.900, the final paragraph is revised as follows: 'L=   'L=   21.900 Eligibility 'L>   'L>  * * * * * 'LA   'LA   xThe applicant shall state whether service will be provided initially on a common carrier basis or  xton a noncommon carrier basis. An applicant proposing to provide initially common carrier  xservice shall state whether there is any affiliation or relationship to any intended or likely subscriber or program originator. 'LB   'LB  13. In Section 21.901, paragraphs (b)(4), (b)(5) and (d) are revised to read as follows:  'LC   'LC  21.901 Frequencies.  'LD   'LD * * * * *  'LE   'LE (b) * * *  'LF   'LF * * * * *  'LG   `  'LG ` ` (4) At 25962602 MHz, 26082614 MHz, 26202626 MHz, and 26322638 MHz  x(designated as Channels E1, E2, E3 and E4, respectively, with the four channels to be designated  Y"0the Egroup channels), and Channels I5 and I13 listed in  74.939(j) of this chapter,#C\  PwQ P#1# XP\  PxQ?XP# or  'LH   `  'LH ` ` (5) At 26022608 MHz, 26142620 MHz, 26262632 MHz and 26382644 MHz  xd(designated as Channels F1, F2, F3 and F4, respectively, with the four channels to be designated  Y:&0the Fgroup channels), and Channels I6 and I14, listed in  74.939(j) of this chapter,#C\  PyQ P#1# XP\  PzQ?XP# or  'LI "#'0*((L&"Ԍ 'LI * * * * *  'LJ     'LJ (d) An MDS licensee or conditional licensee may apply to exchange evenly one or more  xof its assigned channels with another MDS licensee or conditional licensee in the same system,  xdor with an ITFS licensee or conditional licensee in the same system. The licensees or conditional  xPlicensees seeking to exchange channels shall file in tandem with the Commission separate pro  xforma assignment of license applications, each attaching an exhibit which clearly specifies that  x8the application is filed pursuant to a channel exchange agreement. The exchanged channel(s) shall be regulated according to the requirements applicable to the assignee.  'LK   'LK * * * * *  'LL   x 'LL 14. In Section 21.902, the section heading, paragraphs (b)(3), (b)(4), (b)(5), (b)(7), (f)(1), (f)(2), (i)(1), (i)(2), (i)(4) and (i)(6) are revised to read as follows:  'LM   'LM  21.902 Interference.  'LN   'LN * * * * *  'LO   'LO (b) * * *  'LP   'LP * * * * *  'LQ   `  'LQ ` ` (3) Engineer the system to provide at least 45 dB of cochannel interference  xXprotection within the 56.33 km (35 mile) protected service area of any authorized or previously xproposed ITFS or incumbent MDS station, and at each previouslyregistered ITFS receive site  xregistered as of September 17, 1998 (or the appropriate value for bandwidths other than 6 MHz. See below.)  'LR   `  'LR ` ` (4) Engineer the station to provide at least 0 dB of adjacent channel interference  xXprotection within the 56.33 km (35 mile) protected service area of any authorized or previously xproposed ITFS or incumbent MDS station, and at each previouslyregistered ITFS receive site  xregistered as of September 17, 1998 (or the appropriate value for bandwidths other than 6 MHz. See below.)  'LS   Y0 p 'LS ` ` (5)  (i) Engineer the station to limit the calculated free space power flux density  Y 0 xto 73 dBW/m2 (or the appropriate value for bandwidth other than 6 MHz, see below) at the  xboundary of a 56.33 km (35 mile) protected service area, where there is an unobstructed signal  xpath from the transmitting antenna to the boundary; or alternatively, obtain the written consent  Y#0 x|of the entity authorized for the adjoining area to exceed the 73 dBW/m2 limiting signal strength at the common boundary.  'LT   'LT * * *  'LU "#'0*((|&"Ԍ `  'LU ` ` (7) Notwithstanding the above, main, booster and response stations shall use the  xfollowing formulas, as applicable, for determining compliance with: (1) Radiated field contour  xlimits where bandwidths other than 6 MHz are employed at stations utilizing digital emissions;  xand (2) Cochannel and adjacent channel D/U ratios where the bandwidths in use at the interfering  x and protected stations are unequal and both stations are utilizing digital modulation or one station  x`is utilizing digital modulation and the other station is utilizing either 6 MHz NTSC analog modulation or 125 kHz analog modulation (I channels only).  'LV   YH0  pD 'LV ` `  (i) Contour limit: -73 dBW/m2 + 10 log(X/6) dBW/m2, where X is the bandwidth in MHz of the digital channel.  'LW   Y `  p4 'LW ` `  (ii) Cochannel D/U: 45 dB + 10 log(X1/X2) dB, where X1 is the  Y ` xbandwidth in MHz of the protected channel and X2 is the bandwidth in MHz of the interfering channel.  'LX   Y `  p 'LX ` `  (iii) Adjacent channel D/U: 0 dB + 10 log(X1/X2), dB where X1 is the  Y` xbandwidth in MHz of the protected channel and X2 is the bandwidth in MHz of the interfering channel.  'LY   'LY * * * * *  'LZ   'LZ (f) * * *  'L[   ` @ 'L[ ` ` (1) Cochannel interference is defined as the ratio of the desired signal to the  xPundesired signal present in the desired channel, at the output of a reference receiving antenna  xoriented to receive the maximum desired signal. Harmful interference will be considered present  xwhen a calculation using a terrain sensitive signal propagation model determines that this ratio is less than 45 dB (or the appropriate value for bandwidths other than 6 MHz. See above.)  'L\   ` $ 'L\ ` ` (2) Adjacent channel interference is defined as the ratio of the desired signal to  x\undesired signal present in an adjacent channel, at the output of a reference receiving antenna oriented to receive the maximum desired signal level.  'L]   pl 'L] ` `  (i) Harmful interference will be considered present when a calculation  xusing a terrain sensitive model determines that this ratio is less than 0dB (or the appropriate value for bandwidths other than 6 MHz. See above.)  'L^   p8 'L^ ` `  (ii) In the alternative, harmful interference will be considered present for  xDan ITFS station constructed before May 26, 1983, when a calculation using a terrainsensitive  x8propagation model determines that this ratio is less than 10 dB (or the appropriate value for bandwidths other than 6 MHz, see above.) unless:  'L_    'L_ ` `  ,(A) The individual receive site under consideration has been  xXsubsequently upgraded with uptodate reception equipment, in which case the ratio shall be less"#' 0*(($'"  xthan 0 dB. Absent information presented to the contrary, however, the Commission will assume that reception equipment installation occurred simultaneously with original station equipment; or  'L`    'L` ` `  ,(B) The license for an MDS station is conditioned on the proffer  x(to the affected ITFS station licensee of equipment capable of providing a ratio of 0 dB or more  xat no expense to the ITFS station licensee, and also conditioned, if necessary, on the proffer of  xinstallation of such equipment; and there has been no showing by the affected ITFS station  x,licensee demonstrating good cause and demonstrating that the proposed equipment will not  xprovide a ratio of 0 dB or more, or that installation of such equipment, at no expense to the ITFS station licensee, is not possible or has not been proffered.  'La   'La * * * * *  'Lb   Y 0 `  'Lb (i)` ` (1) For each application for a new station, or amendment thereto, proposing MDS  xfacilities, filed on October 1, 1995, or thereafter, on or before the day the application or  xamendment is filed, the applicant must prepare, but is not required to submit with its application  xXor amendment, an analysis demonstrating that operation of the MDS applicants transmitter will  x|not cause harmful electrical interference to each receive site registered as of September 17, 1998,  xnor within a protected service area as defined at paragraph (d)(1) of this section, of any  xcochannel or adjacent channel ITFS station licensed, with a conditional license, or proposed in  xDa pending application on the day such MDS application is filed, with an ITFS transmitter site within 50 miles of the coordinates of the MDS stations proposed transmitter site.  'Lc   ` D 'Lc ` ` (2) For each application described in paragraph (i)(1) of this section, the applicant  xmust serve, by certified mail, return receipt requested, on or before the day the application or  xamendment described in paragraph (i)(1) of this section is filed initially with the Commission,  xLa copy of the complete MDS application or amendment, including each exhibit and interference  xstudy, described in paragraph (i)(1) of this section, on each ITFS licensee, conditional licensee, or applicant described in paragraph (i)(1) of this section.  'Ld   'Ld * * * * *  'Le   ` D 'Le ` ` (4) For each application described in paragraph (i)(1) of this section, the applicant  xXmust file with the Commission in Washington, DC, on or before the 30th day after the  xapplication or amendment described in paragraph (i)(1) of this section is filed initially with the Commission, a written notice which contains the following:  'Lf   'Lf * * * * *  'Lg   p$ 'Lg ` `  (iii) A list of each ITFS licensee and conditional licensee described in paragraph (i)(1) of this section;  'Lh   p 'Lh ` `  (iv) The address used for service to each ITFS licensee and conditional licensee described in paragraph (i)(1) of this section; and"#' 0*((L&"Ԍ p 'Li ԙ 'Li ` `  (v) A list of the date each ITFS licensee and conditional licensee described  xPin paragraph (i)(1) of this section received a copy of the complete application or amendment  xLdescribed in paragraph (i)(1) of this section; or a notation of lack of receipt by the ITFS licensee  xor conditional licensee of a copy of the complete application or amendment, on or before such  x30th day, together with a description of the applicants efforts for receipt by each such licensee or conditional licensee lacking receipt of the application.  'Lj   'Lj * * * * *  'Lk   Y10 p 'Lk ` ` (6) (i) Notwithstanding the provisions of Sections 1.824(c) and 21.30(a)(4), for  xeach application described in paragraph (i)(1) of this section, each ITFS licensee and each ITFS  xconditional licensee described in paragraph (i)(1) of this section may file with the Commission,  xon or before the 30th day after the public notice described in paragraph (i)(5) of this section, a petition to deny the MDS application.  'Ll   'Ll * * * * *  'Lm   'Lm ` `  (iii) * * *  'Ln   'Ln * * * * *  'Lo    'Lo ` `  ,(E) include a demonstration, in those cases in which the MDS  xapplicants analysis is dependent upon modification(s) to the ITFS facility, that the harmful  xinterference cannot be avoided by the proposed substitution of new or modified equipment to be  xsupplied and installed by the MDS applicant, at no expense to the ITFS licensee or conditional licensee; and  'Lp    'Lp ` `  ,(F) be limited to raising objections concerning the potential for  xharmful interference to its ITFS station, or concerning a failure by the MDS applicant to serve  xLthe ITFS licensee or conditional licensee with a copy of the complete application or amendment described in paragraph (i)(1) of this section.  'Lq   p 'Lq ` `  (iv) The Commission will presume an ITFS licensee or conditional licensee  xdescribed in paragraph (i)(1) of this section has no objection to operation of the MDS station,  xif the ITFS licensee or conditional licensee fails to file a petition to deny by the deadline prescribed in paragraph (i)(6)(i) of this section.  I. A. 1. a.(1)(a) i) a)(i)(i)(i)(i)(i)(i)(i)(i) * * * * * 15. In Section 21.903, paragraph (d) is revised to read as follows: * * * * *   0(d) An MDS licensee also may alternate, without further authorization required, between"#' 0*((L&"  xrendering service on a common carrier and noncommon carrier basis, provided that the licensee  xnotifies the Commission of any service status changes at least 30 days in advance of such  x changes. The notification shall state whether there is any affiliation or relationship to any intended or likely subscriber or program originator. 16. Section 21.904, including its section heading, is revised to read as follows:  21.904 EIRP limitations.   (a) The maximum EIRP of a main or booster station shall not exceed 33 dBW +  x10log(X/6) dBW, where X is the actual bandwidth if other than 6 MHz, except as provided in paragraph (b) of this section.   @(b) If a main or booster station sectorizes or otherwise uses one or more transmitting  xantennas with a non-omnidirectional horizontal plane radiation pattern, the maximum EIRP in a given direction shall be determined by the following formula:  xEIRP = 33 dBW + 10 log(X/6) dBW + 10 log(360/beamwidth) dBW, where X is the channel  Yb0width in MHz and 10 log(360/beamwidth) < 6 dB.  x|'LBeamwidth is the total horizontal plane beamwidth of the individual transmitting antenna for the station or any sector measured at the half-power points. 'L   'L    (c) An increase in station EIRP, above currentlyauthorized or previouslyproposed  xvalues, to the maximum values provided in paragraphs (a) and (b) of this section may be  xauthorized, if the requested increase would not cause harmful interference to any authorized or  xpreviouslyproposed, cochannel or adjacent channel station entitled to interference protection under the Commission's rules, or if an applicant demonstrates that: 'L   'L   ` ` ` (1) A station that must be protected from interference could compensate for interference by increasing its EIRP; and 'L   'L   ` ` ` (2) The interfered-with station may increase its own EIRP consistent with the  xrules and without causing harmful interference to any cochannel or adjacent channel main or  xbooster station protected service area, response station hub or BTA/PSA, for which consent for the increased interference has not been obtained; and 'L   'L   ` `` ` (3) The applicant requesting authorization of an EIRP increase agrees to pay all expenses associated with the increase in EIRP by the interfered-with station. 'L   'L    (d) For television transmission if the authorized bandwidth is 4.0 MHz or more for the  xpvisual and accompanying aural signal, the peak power of the accompanying aural signal must not  xtexceed 10 percent of the peak visual power of the transmitter. The Commission may order a reduction in aural signal power to diminish the potential for harmful interference. 'L "#' 0*((L&"Ԍ   'L ԙ(e) For main, booster and response stations utilizing digital emissions with nonuniform  Y0 x|power spectral density (e.g. unfiltered QPSK), the power measured within any 100 kHz  xresolution bandwidth within the 6 MHz channel occupied by the nonuniform emission cannot  x|exceed the power permitted within any 100 kHz resolution bandwidth within the 6 MHz channel  Y0 xif it were occupied by an emission with uniform power spectral density, i.e., if the maximum  x8permissible power of a station utilizing a perfectly uniform power spectral density across a 6  xPMHz channel were 2000 watts EIRP, this would result in a maximum permissible power flux  xddensity for the station of 2000/60 = 33.3 watts EIRP per 100 kHz bandwidth. If a nonuniform  xemission were substituted at the station, station power would still be limited to a maximum of  x433.3 watts EIRP within any 100 kHz segment of the 6 MHz channel, irrespective of the fact that this would result in a total 6 MHz channel power of less than 2000 watts EIRP.  'L   'L  17. In Section 21.905, paragraphs (b) and (d) are revised to read as follows: 'L   'L   21.905 Emissions and bandwidth. 'L   'L  * * * * * 'L   'L    (b) Quadrature amplitude modulation (QAM), digital vestigial sideband modulation  x((VSB), quadrature phase shift key modulation (QPSK), code division multiple access (CDMA),  xand orthogonal frequency division multiplex (OFDM) emissions may be employed, subject to  Y!0 xcompliance with the policies set forth in the Declaratory Ruling and Order, 11 FCC Rcd 18839  Y 0 x(1996). Use of OFDM also is subject to the subsequent Declaratory Ruling and Order, DA 99 x 554 (Mass Med. Bur. rel. Mar. 19, 1999). Other digital emissions may be added to those  x@authorized above, including emissions with nonuniform power spectral density, if the applicant  xpprovides information in accordance with the guidelines and procedures set forth in the  Y0 xDeclaratory Ruling and Order which clearly demonstrates the spectral occupancy and interference  xHcharacteristics of the emission. The licensee may subchannelize its authorized bandwidth,  xprovided that digital modulation is employed and the aggregate power does not exceed the  xauthorized power for the channel, and may utilize all or a portion of its authorized bandwidth  xfor MDS response stations authorized pursuant to  21.909. The licensee may also, jointly with  xaffected adjacent channel licensees, transmit utilizing bandwidth in excess of its authorized  xfrequencies, provided that digital modulation is employed, all power spectral density requirements  xset forth in this part are met and the out-of-band emissions restrictions set forth in  21.908 are  xmet at and beyond the edges of the channels employed. The wider channels thus created may be redivided to create narrower channels. 'L   'L  * * * * * 'L   'L    l(d) Notwithstanding the above, any digital emission which complies with the outofband emission restrictions of  21.908 may be used in the following circumstances:  'L   ` < 'L ` ` (1) At any MDS main or booster station transmitter which is located more than  x\160.94 km (100 miles) from the nearest boundary of all cochannel and adjacent channel ITFS"-' 0*((L&"  x@and MDS protected service areas, including Basic Trading Areas and Partitioned Service Areas; and  'L   ` H 'L ` ` (2) At all MDS response station transmitters within a response service area if all  x(points along the response service area boundary line are more than 160.94 km (100 miles) from  xDthe nearest boundary of all cochannel and adjacent channel ITFS and MDS protected service areas, including Basic Trading Areas and Partitioned Service Areas; and  'L   ` ` 'L ` ` (3) At any MDS transmitter where all parties entitled by this part to interference  xprotection from that transmitter have mutually consented to the use at that transmitter of such emissions. 'L   'L  18. In Section 21.906, paragraphs (a) and (d) are revised to read as follows:  'L   'L  21.906 Antennas.  'L     'L (a) Main and booster station transmitting antennas shall be omnidirectional, except that  xa directional antenna with a main beam sufficiently broad to provide adequate service may be  xused either to avoid possible interference with other users in the frequency band, or to provide  xcoverage more consistent with distribution of potential receiving points. In lieu of an  xXomnidirectional antenna, a station may employ an array of directional antennas in order to reuse  x@spectrum efficiently. When an applicant proposes to employ a directional antenna, or a licensee  xnotifies the Commission pursuant to  21.42 of the installation of a sectorized antenna system,  xtthe applicant shall provide the Commission with information regarding the orientation of the  xdirectional antenna(s), expressed in degree of azimuth, with respect to true north, and the make and model of such antenna(s).  'L   'L * * * * *  'L    4 'L (d) Directive receiving antennas shall be used at all points other than response station  xHhubs and shall be elevated no higher than necessary to assure adequate service. Receiving  xLantenna height shall not exceed the height criteria of part 17 of this chapter, unless authorization  xdfor use of a specific maximum antenna height (above ground and above mean sea level) for each  xXlocation has been obtained from the Commission prior to the erection of the antenna. (See part 17 of this chapter concerning the construction, marking and lighting of antenna structures.)  'L   'L 19. Section 21.909 is revised to read as follows:  'L   'L  21.909 MDS response stations.  'L     'L (a) An MDS response station is authorized to provide communication by voice, video  xPand/or data signals with its associated MDS response station hub or MDS station. An MDS  xtresponse station may be operated only by the licensee of an MDS station, by any lessee of the  xMDS station or response station hub, or by a subscriber of either. The authorized channel may"#'0*((L&"  xbe divided to provide distinct subchannels for each of more than one response station, provided  xhthat digital modulation is employed and the aggregate power does not exceed the authorized  xdpower for the channel. An MDS response station may also, jointly with other licensees, transmit  xutilizing bandwidth in excess of that authorized to the station, provided that digital modulation  x`is employed, all power spectral density requirements set forth in this part are met, and the  xDout-of-band emissions restrictions set forth in  21.908(b) or paragraph (j) of this section are  xcomplied with. When a 125 kHz channel is employed, the specific channel which may be used by the response station is determined in accordance with  21.901 and 74.939(j) of this chapter.  'L    L 'L (b) MDS response stations that utilize the 2150-2162 MHz band, the 25002686 MHz  xLband, and/or the 125 kHz channels may be installed and operated without an individual license,  x|to communicate with a response station hub, provided that the conditions set forth in paragraph  x(g) of this section are met and that the MDS response stations' technical parameters are consistent  x\with all applicable rules in this part and with the terms and conditions set out in the  Y 0Commission's Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996).  'L    l 'L (c) An applicant for a response station hub license, or for modification thereto where not subject to  21.41 or  21.42, shall:  'L   `  'L ` ` (1) File FCC Form 331 with Mellon Bank, and certify on that form that it has  xcomplied with the requirements of paragraphs (c)(2) and (d) of this section and that the  xinterference data submitted under paragraph (d) of this section is complete and accurate. Failure  xto certify compliance and to comply completely with the requirements of paragraphs (c)(2) and  x(d) of this section shall result in dismissal of the application or revocation of the response station hub license, and may result in imposition of a monetary forfeiture; and  'L   `  'L ` ` (2) Submit the following to the Commission's copy contractor, both in hard copy  x8and on sequential 3.5" DSHD computer diskettes in ASCII for all Appendix D data and in a format to be specified by public notice for all other submissions:  Ye0 'L   'L ` `  (i) Duplicates of the Form 331 filed with Mellon Bank; and  Y70 'L   Y 0 pp 'L ` `  (ii) The data required by Appendix D to the Report and Order on  Y 0 xdReconsideration in MM Docket No. 97217, FCC 99178, "Methods for Predicting Interference  xfrom Response Station Transmitters and to Response Station Hubs and for Supplying Data on Response Station Systems" as amended; and  'L   p 'L ` `  (iii) The information, showings and certifications required by paragraph (d) of this section; and  'L   ` ` 'L ` ` (3) Submit to the Commission, only upon Commission staff request, duplicates of the submissions required by paragraph (c)(2) of this section.  'L    0 'L (d) An applicant for a response station hub license shall, pursuant to paragraph (c)(2)(iii)"#'0*((L&"  xof this section, submit to the Commission's copy contractor, in a format to be specified by the Commission at a later date, the following:  'L   `  'L ` ` (1) the channel plan (including any guardbands at the edges of the channel) to be  xused by MDS response stations in communicating with each response station hub, including a  xlstatement as to whether the applicant will employ the same frequencies on which response  xstations will transmit to also transmit on a point-to-multipoint basis from an MDS station or MDS booster station; and  'L   'L ` ` (2) A demonstration that:  'L   pD 'L ` `  (i) The proposed response station hub is within a protected service area, as defined in  21.902(d) or  21.933, to which the applicant is entitled either:  'L   p 'L ` `  ,(A) by virtue of its being the licensee of an incumbent MDS station whose channels are being converted for MDS response station use; or  'L   D 'L ` `  ,(B) by virtue of its holding a Basic Trading Area or Partitioned  xService Area authorization. In the case of an application for response stations to utilize one or  xDmore of the 125 kHz response channels, such demonstration shall establish that the response  x4station hub is within the protected service area of the station authorized to utilize the associated EGroup or FGroup channel(s); and  'L   p 'L ` `  (ii) The entire proposed response service area is within a protected service  xdarea to which the applicant is entitled either (A) by virtue of its being the licensee of an  xincumbent MDS station whose channels are being converted for MDS response station use; or  x(B) by virtue of its holding a Basic Trading Area or Partitioned Service Area authorization. In  xthe alternative, the applicant may demonstrate that the licensee entitled to any cochannel protected  xservice area which is overlapped by the proposed response service area has consented to such  xoverlap. In the case of an application for response stations to utilize one or more of the 125 kHz  xresponse channels, such demonstration shall establish that the response service area is entirely  xwithin the protected service area of the station authorized to utilize the associated EGroup or F xGroup channel(s), or, in the alternative, that the licensee entitled to any cochannel protected  xservice area which is overlapped by the proposed response service area has consented to such overlap; and  'L   p\ 'L ` `  (iii) The combined signals of all simultaneously operating MDS response  xlstations within all response service areas and oriented to transmit towards their respective  xresponse station hubs, and all cochannel MDS stations and booster stations licensed to or applied  xfor by the applicant will not generate a power flux density in excess of -73 dBW/m (or the  xappropriately adjusted value based on the actual bandwidth used if other than 6 MHz, see   x21.902(b)(7)(i)) outside the boundaries of the applicant's protected service area, as measured at  xlocations for which there is an unobstructed signal path, except to the extent that consent of  xxaffected licensees has been obtained or consents have been granted pursuant to paragraph"#'0*((L&"  x(d)(3)(ii) of this section to an extension of the response service area beyond the boundaries of the protected service area; and  'L   p\ 'L ` `  (iv) The combined signals of all simultaneously operating MDS response  xlstations within all response service areas and oriented to transmit towards their respective  xresponse station hubs, and all cochannel MDS stations and booster stations licensed to or applied  xfor by the applicant, will result in a desired to undesired signal ratio of at least 45 dB (or the  xappropriately adjusted value based on the actual bandwidth used if other than 6 MHz, see  21.902(b)(7)(ii)):  'L    'L ` `  ,(A) within the protected service area of any authorized or  xpreviouslyproposed cochannel MDS or ITFS station with a 56.33 km (35 mile) protected service  x,area with center coordinates located within 160.94 km (100 miles) of the proposed response station hub; and  'L    'L ` `  ,(B) within the booster service area of any cochannel booster station  xentitled to such protection pursuant to  21.913(f) or 74.985(f) of this chapter and located within 160.94 km (100 miles) of the proposed response station hub; and  'L    'L ` `  ,(C) at any registered receive site of any authorized or previously xdproposed cochannel ITFS station or booster station located within 160.94 km (100 miles) of the  xproposed response station hub, or, in the alternative, that the licensee of or applicant for such cochannel station or hub consents to the application; and  'L   p, 'L ` `  (v) The combined signals of all simultaneously operating MDS response  xlstations within all response service areas and oriented to transmit towards their respective  xresponse station hubs, and all cochannel MDS stations and booster stations licensed to or applied  xfor by the applicant, will result in a desired to undesired signal ratio of at least 0 dB (or the  xappropriately adjusted value based on the actual bandwidth used if other than 6 MHz, see  21.902(b)(7)(iii)):  'L    'L ` `  ,(A) within the protected service area of any authorized or  x|previouslyproposed adjacent channel MDS or ITFS station with a 56.33 km (35 mile) protected  xservice area with center coordinates located within 160.94 km (100 miles) of the proposed response station hub; and  'L   L 'L ` `  ,(B) within the booster service area of any adjacent channel booster  xstation entitled to such protection pursuant to  21.913(f) or 74.985(f) of this chapter and located within 160.94 km (100 miles) of the proposed response station hub; and  'L    'L ` `  ,(C) at any registered receive site of any authorized or previously xdproposed adjacent channel ITFS station or booster station located within 160.94 km (100 miles)  xof the proposed response station hub, or, in the alternative, that the licensee of or applicant for such adjacent channel station or hub consents to the application; and"#'0*((L&"Ԍ p\ 'L ԙ 'L ` `  (vi) The combined signals of all simultaneously operating MDS response  xlstations within all response service areas and oriented to transmit towards their respective  xdresponse station hub and all cochannel MDS stations and booster stations licensed to or applied  xfor by the applicant will comply with the requirements of paragraph (i) of this section and  74.939(i) of this chapter.  'L   'L ` ` (3) A certification that the application has been served upon  'L   p 'L ` `  (i) the holder of any cochannel or adjacent channel authorization with a protected service area which is overlapped by the proposed response service area;  'L   p 'L ` `  (ii) the holder of any cochannel or adjacent channel authorization with a protected service area that adjoins the applicant's protected service area;  'L   p 'L ` `  (iii) the holder of a cochannel or adjacent channel authorization for any  xBTA or PSA inside whose boundaries are locations for which there is an unobstructed signal path for combined signals from within the response station hub applicant's protected service area; and  'L   p\ 'L ` `  (iv) every licensee of, or applicant for, any cochannel or adjacent channel,  xauthorized or previouslyproposed, incumbent MDS station with a 56.33 km (35 mile) protected  xservice area with center coordinates located within 160.94 km (100 miles) of the proposed response station hub;  'L   p\ 'L ` `  (v) every licensee of, or applicant for, any cochannel or adjacent channel,  xauthorized or previouslyproposed ITFS station (including any booster station or response station hub) located within 160.94 km (100 miles) of the proposed response station hub; and  'L   p 'L ` `  (vi) every licensee of any noncochannel or nonadjacent channel ITFS  xstation (including any booster station) with one or more registered receive sites in, or within 1960 feet of the proposed response station service area.  'L     'L (e) Except as set forth in  21.27(d), applications for response station hub licenses may  xbe filed at any time. Notwithstanding any other provision of part 21 (including  21.31),  xapplications for response station hub licenses meeting the requirements of paragraph (c) of this  xLsection shall cut-off applications that are filed on a subsequent day for facilities that would cause  x|harmful electromagnetic interference to the proposed response station hubs. A response station  xhub shall not be entitled to protection from interference caused by facilities proposed on or prior  xto the day the application for the response station hub license is filed. Response stations shall  xnot be required to protect from interference facilities proposed on or after the day the application for the response station hub license is filed.  'L     'L (f) Notwithstanding the provisions of  21.30(b)(4) and except as set forth in  21.27(d),  xany petition to deny an application for a response station hub license shall be filed no later than  xLthe sixtieth (60th) day after the date of public notice announcing the filing of such application or"#'0*((L&"  xmajor amendment thereto. Notwithstanding  21.31 and except as provided in  21.27(d), an  xXapplication for a response station hub license that meets the requirements of this section shall be  xgranted on the sixtyfirst (61st) day after the Commission shall have given public notice of the  x acceptance for filing of it, or of a major amendment to it if such major amendment has been  xfiled, unless prior to such date either a party in interest timely files a formal petition to deny or  x|for other relief pursuant to  21.30(a), or the Commission notifies the applicant that its  xapplication will not be granted. Where an application is granted pursuant to the provisions of  xXthis paragraph, the conditional licensee or licensee shall maintain a copy of the application at the response station hub until such time as the Commission issues a response station hub license.  'L    0 'L (g) An MDS response station hub license shall be conditioned upon compliance with the following:  'L   ` l 'L ` ` (1) No MDS response station shall be located beyond the response service area of the response station hub with which it communicates; and  'L   `   'L ` ` (2) No MDS response station shall operate with a transmitter output power in excess of 2 watts; and  'L   `  'L ` ` (3) No response station shall operate with an EIRP in excess of that specified in  xpthe application for the response station hub pursuant to paragraph (d)(2)(i)(B) of this section for  xthe particular regional class of characteristics with which the response station is associated, and  xsuch response station shall not operate at an excess of 33 dBW + 10 log(X/6) dBW, where X is the channel width in MHz; and  'L   `  'L ` ` (4) Each MDS response station shall employ a transmission antenna oriented  xXtowards the response station hub with which the MDS response station communicates, and such  xantenna shall be no less directional than the worst case outer envelope pattern specified in the  xapplication for the response station hub pursuant to paragraph (d)(2)(i)(D) of this section for the regional class of characteristics with which the response station is associated; and  'L   `  'L ` ` (5) The combined out-of-band emissions of all response stations using all or part  xof one or multiple contiguous 6 MHz channels and employing digital modulation shall comply  x4with  21.908(d). The combined out-of-band emissions of all response stations using all or part  xof one or multiple contiguous 125 kHz channels shall comply with paragraph (j) of this section.  xHowever, should harmful interference occur as a result of emissions outside the assigned channel, additional attenuation may be required; and  'L   `  'L ` ` (6) The response stations transmitting simultaneously at any time within any given  x(region of the response service area utilized for purposes of analyzing the potential for  xpinterference by response stations shall conform to the numerical limits for each class of response  xstation proposed in the application for the response station hub license. Notwithstanding the  x`foregoing, the licensee of a response station hub license may alter the number of response  xxstations of any class operated simultaneously in a given region, without prior Commission"#'0*((L&" authorization, provided that the licensee:  'L   p 'L ` `  (i) First notifies the Commission, in a format to be specified by public  xnotice, of the altered number of response stations of such class(es) to be operated simultaneously  xin such region, and certifies in that notification that it has complied with the requirements of  xparagraphs (g)(6)(ii) and (iii) of this section, and that the interference data submitted under paragraph (g)(6)(ii) is complete and accurate; and  'L   p 'L ` `  (ii) Provides the Commission's copy contractor with a set of sequential  x3.5" DSHD diskettes in ASCII format which update the previously filed response station data  Y 0 x((see  21.909(c)(2)(ii)) and with an analysis, in a format to be specified by public notice  x8establishing that such alteration will not result in any increase in interference to the protected  xservice area or protected receive sites of any existing or previouslyproposed, cochannel or  xadjacent channel MDS or ITFS station or booster station, to the protected service area of any  xXMDS Basic Trading Area or Partitioned Service Area licensee entitled to protection pursuant to  xparagraph (d)(3) of this section, or to any existing or previouslyproposed, cochannel or adjacent  xchannel response station hub, or response station under  21.949 or  74.949 of this chapter; or that the applicant for or licensee of such facility has consented to such interference; and  'L   p 'L ` `  (iii) Serves a copy of such notification and analysis upon each party entitled to be served pursuant to paragraph (d)(4) of this section; and  'L   p 'L ` `  (iv) Submits to the Commission, only upon Commission staff request, duplicates of the submissions required by paragraph (g)(6)(ii) of this section; and  'L   `  'L ` ` (7) Where an application is granted under this section, if a facility operated  xtpursuant to that grant causes harmful, unauthorized interference to any cochannel or adjacent  xchannel facility, it must promptly remedy the interference or immediately cease operations of the  xinterfering facility, regardless of whether any petitions to deny or for other relief were filed  xagainst the application during the application process. The burden of proving that a facility  x@operated under this section is not causing harmful, unauthorized interference lies on the licensee  x(of the alleged interfering facility, following the filing of a documented complaint of interference by an affected party; and  'L   `  'L ` ` (8) In the event any MDS or ITFS receive site suffers interference due to block  xdownconverter overload, the licensee of each nonco/adjacent response station hub with a  x`response service area within five miles of such receive site shall cooperate in good faith to  xexpeditiously identify the source of the interference. Each licensee of a response station hub with  xan associated response station contributing to such interference shall bear the joint and several  xobligation to promptly remedy all block downconverter overload interference at any ITFS  x`registered receive site or at any receive site within an MDS or ITFS protected service area  xapplied for prior to the submission of the application for the response station hub license,  x@regardless of whether the receive site suffering the interference was constructed prior to or after  xthe construction of the response station(s) causing the downconverter overload; provided,"%'0*((L&"  xhowever, that the licensee of the registered ITFS receive site or the MDS or ITFS protected  xservice area must cooperate fully and in good faith with efforts by the response station hub  xlicensee to prevent interference before constructing response stations and/or to remedy  xinterference that may occur. In the event that the associated response station(s) of more than one  xresponse station hub licensee contribute(s) to block downconverter interference at an MDS or  xITFS receive site, such hub licensees shall cooperate in good faith to remedy promptly the interference.  'L    p 'L (h) Applicants must comply with part 17 of this chapter concerning notification to the  xFederal Aviation Administration of proposed antenna construction or alteration for all hub stations and associated response stations.  'L     'L (i) Response station hubs shall be protected from cochannel and adjacent channel interference in accordance with the following criteria:  'L   `  'L ` ` (1) An applicant for any new or modified MDS or ITFS station (including any  xhighpower booster station or response station hub) shall be required to demonstrate interference  x(protection to a response station hub within 160.94 km (100 miles) of the proposed facilities. In  xlieu of the interference protection requirements set forth in  21.902(b)(3) through (b)(5),  x21.938(b)(1) and (2) and (c), and 74.903 of this chapter, such demonstration shall establish that  xthe proposed facility will not increase the effective power flux density of the undesired signals  xgenerated by the proposed facility and any associated main stations, booster stations or response  xXstations at the response station hub antenna for any sector. In lieu of the foregoing, an applicant  xfor a new MDS or ITFS main station license or for a new or modified response station hub or  xbooster license may demonstrate that the facility will not increase the noise floor at a reception  xantenna of the response station hub by more than 1 dB for cochannel signals and 45 dB for adjacent channel signals, provided that:  'L   p 'L ` `  (i) the entity submitting the application may only invoke this alternative once per response station hub reception sector; or  'L   p 'L ` `  (ii) the licensee of the affected response station hub may consent to receive a certain amount of interference at its hub.  'L   `  'L ` ` (2) Commencing upon the filing of an application for an MDS response station hub  xlicense and until such time as the application is dismissed or denied or, if the application is  xgranted, a certification of completion of construction is filed, the MDS station whose channels  xtare being utilized shall be entitled both to interference protection pursuant to  21.902(b)(3)  x@through (b)(5), 21.938(b)(1) and (2) and (c), and 74.903 of this chapter, and to protection of the  x0response station hub pursuant to the preceding paragraph. Unless the application for the response  xstation hub license specifies that the same frequencies also will be employed for digital and/or  xHanalog point-to-multipoint transmissions by MDS stations and/or MDS booster stations, upon the  xdfiling of a certification of completion of construction of an MDS response station hub where the  x@channels of an MDS station are being utilized as response station transmit frequencies, the MDS"#'0*((L&"  xstation whose channels are being utilized for response station transmissions shall no longer be  xentitled to interference protection pursuant to  21.902(b)(3) through (b)(5), 21.938(b)(1) and  x(2) and (c), and 74.903 of this chapter within the response service area with regard to any  xdportion of any 6 MHz channel employed solely for response station communications. Upon the  xcertification of completion of construction of an MDS response station hub where the channels  xof an MDS station are being utilized for response station transmissions and the application for  xthe response station hub license specifies that the same frequencies will be employed for  xpoint-to-multipoint transmissions, the MDS station whose channels are being utilized shall be  x@entitled both to interference protection pursuant to  21.902(b)(3) through (b)(5), 21.938(b)(1)  xand (2) and (c), and 74.903 of this chapter, and to protection of the response station hub pursuant to the preceding provisions of this paragraph.  'L     'L (j) 125 kHz wide response channels shall be subject to the following requirements: The  x125 kHz wide channel shall be centered at the assigned frequency. If amplitude modulation is  x,used, the carrier shall not be modulated in excess of 100%. If frequency modulation is used,  xthe deviation shall not exceed  25 kHz. Any emissions outside the channel shall be attenuated  xat the channel edges at least 35 dB below peak output power when analog modulation is  xemployed or 35 dB below licensed average output power when digital modulation is employed  x,(or, when subchannels are used, the appropriately adjusted value based upon the ratio of the  xchannel-to-subchannel bandwidths). Any emissions more than 125 kHz from either channel edge,  xincluding harmonics, shall be attenuated at least 60 dB below peak output power when analog  x\modulation is employed, or at least 60 dB below licensed average output power when digital  xLmodulation is employed (or, when subchannels are used, the appropriately adjusted value based  xDupon the ratio of the channel-to-subchannel bandwidths). Notwithstanding the foregoing, in  xsituations where adjacent channel licensees jointly transmit over more than one contiguous  x(channel utilizing digital modulation, the maximum out-of-band power shall be attenuated at the  xedges of those combined channels at least 35 dB relative to the licensed average power level of  x0each channel. Emissions more than 125 kHz from either edge of the combined channels,  xincluding harmonics, shall be attenuated at least 60 dB below peak analog power or average digital power of each channel, as appropriate.  'L     'L (k) A response station may be operated unattended. The overall performance of the  xresponse station transmitter shall be checked by the hub licensee as often as necessary to ensure  x$that it is functioning in accordance with the requirements of the Commission's rules. The  xllicensee of a response station hub is responsible for the proper operation of all associated  xdresponse station transmitters. Each response station hub licensee is responsible for maintaining,  x(and making available to the Commission upon request, a list containing all customer names and  xaddresses, plus the technical parameters (EIRP, emission, bandwidth, antenna pattern/ height/  x@orientation/ polarization) pertinent to each class of response station within the response service area.  'L     'L (l) The transmitting apparatus employed at MDS response stations shall have received type certification  'L "#'0*((L&"Ԍ   'L (m) An MDS response station shall be operated only when engaged in communications  xwith its associated MDS response station hub or MDS station or booster station, or for necessary  xequipment or system tests and adjustments. Upon initial installation, and upon relocation and  xreinstallation, a response station transmitter shall be incapable of emitting radiation unless, and  xuntil, it has been activated by reception of a signal from the associated MDS station or booster  xstation. A hub station licensee shall be capable of remotely deactivating any and all response  xstation transmitters within its RSA by means of signals from the associated MDS station or  xbooster station. Radiation of an unmodulated carrier and other unnecessary transmissions are forbidden.  'L     'L (n) All response stations utilizing an EIRP greater than 18 dBW shall be installed by the  xassociated hub licensee or by the licensee's employees or agents. (Note: For the purposes of this  xsection, all EIRP dBW values assume the use of a 6 MHz channel. For channel bandwidths  x other than 6 MHz, the EIRP dBW values should be adjusted up (channel >6 MHz) or down  x(channel <6 MHz) by 10 log(X/6) dBW, where X is the channel width in MHz.) For response  xstations located within 1960 feet of an ITFS receive site registered and built prior to the filing  xof the application for the hub station license, the hub licensee must notify the licensee of the  xdITFS receive site at least one business day prior to the activation of these response stations. The  xnotification must contain, for each response station to be activated, the following information:  x(1) name and telephone number of a contact person who will be responsible for coordinating the  xPresolution of any interference problems; (2) street address; (3) geographic coordinates to the  xnearest second; (4) channels/subchannels (transmit only); and (5) transmit antenna pattern, EIRP,  xorientation and height AMSL. (If any or all of the elements of item (5) are not known with  xLspecificity at the time of notification, the hub licensee may, instead, specify the worstcase values  xXfor the class of response station being activated.) Such notice to the ITFS licensee shall be given  xin writing by certified mail unless the ITFS licensee has requested delivery by email or facsimile.  xXThe ITFS licensee may waive the notification requirement on a sitespecific basis or on a systemwide basis. The notification provisions of this section shall not apply if:  'L   'L ` ` (1) The response station will operate at an EIRP no greater than 6 dBW; or  'L   ` D 'L ` ` (2) The response station will operate at an EIRP greater than 6 dBW and no more than 18 dBW and:  'L   p 'L ` `  (i) The channels being received at the ITFS site are neither the same as, nor directly adjacent to, the channel(s) to be transmitted from the response station; and  'L   p< 'L ` `  (ii) The hub station licensee has replaced, at its expense, the frequency  xdownconverters used at all ITFS receive sites registered and constructed prior to the filing of the hub station application which are within 1960 feet of the hub station's response service area; and  'L   p@ 'L ` `  (iii) The downconverters, at a minimum, conform to the following specifications:  'L "#'0*((L&"Ԍ  'L ` `  ,(A) A frequency of operation covering the 21502162 MHz band or the 25002686 MHz band; and  'L   'L ` `  ,(B) A thirdorder intercept point of 30 dBm; and  'L   | 'L ` `  ,(C) A conversion gain of 32 dB, or the same conversion gain as the existing ITFS downconverter, whichever is least; and  'L   | 'L ` `  ,(D) A noise figure of no greater than 2.5 dB, or no more than 1 dB greater than the noise figure of the existing ITFS downconverter, whichever is greater; and  'L   p 'L ` `  (iv) The proposal to upgrade the ITFS downconverter was made in writing  xand served upon the affected ITFS licensee, conditional licensee or applicant at the same time  xthe application for the response station hub license was served on cochannel and adjacent channel  xITFS parties and no objection was made within the 60day period allowed for petitions to deny the hub station application.  'L     'L (o) Interference calculations shall be performed in accordance with Appendix D to the  Yb0 x4Report and Order on Reconsideration in MM Docket No. 97217, FCC 99178, "Methods For  xPredicting Interference From Response Station Transmitters and To Response Station Hubs and  xFor Supplying Data on Response Station Systems" as amended. Compliance with the outofband emissions limitations shall be established in accordance with  21.908(e).  'L   x 'L 20. In Section 21.910, the section heading and introductory text, paragraphs (a) and (b) are revised, and paragraphs (c) and (d) are removed to read as follows:  'L   x 'L  21.910 Special procedures for discontinuance, reduction or impairment of service by common carrier licensees.  'L    4 'L (a) Any licensee who has elected common carrier status and who seeks to discontinue  xservice on a common carrier basis and instead provide service on a noncommon carrier basis,  xor who otherwise intends to reduce or impair service the carrier shall notify all affected  xcustomers of the planned discontinuance, reduction or impairment on or before the date that the licensee provides notice to the Commission pursuant to  21.903(d).  'L     'L (b) Notice shall be in writing to each affected customer unless the Commission authorizes in advance, for good cause shown, another form of notice. Notice shall include the following:  'L   'L (1) Name and address of carrier; and  'L   'L (2) Date of planned service discontinuance, reduction or impairment; and  'L   'L (3) Points or geographic areas of service affected; and  'L "#'0*((L&"Ԍ 'L (4) How many and which channels are affected.  'L   'L 21. Section 21.913 is revised to read as follows:  'L   'L  21.913 Signal booster stations.  'L    @ 'L (a) An MDS booster station may reuse channels to repeat the signals of MDS stations  xor to originate signals on MDS channels. The aggregate power flux density generated by an  xMDS station and all associated signal booster stations and all simultaneously operating cochannel  xresponse stations may not exceed -73 dBW/m (or the appropriately adjusted value based on the  xactual bandwidth used if other than 6 MHz, see  21.909(b)(7)(i)) at or beyond the boundary of  xthe protected service area, as defined in  21.902(d) and 21.933, of the main MDS station  x\whose channels are being reused, as measured at locations for which there is an unobstructed signal path, unless the consent of the affected cochannel licensee is obtained.  'L     'L (b) A licensee or conditional licensee may secure a license for a high power signal  xbooster station that has a maximum EIRP in excess of -9 dBW + 10 log(X/6) dBW where X is  xthe channel width in MHz, if it complies with the outofband emission requirements of  21.908.  x|The applicant for a highpower station, or for modification thereto, where not subject to  21.41  xor  21.42, shall file FCC Form 331 with Mellon Bank, and certify on that form that the  xapplicant has complied with the additional requirements of paragraph (b) of this section, and that  x|the interference data submitted under this paragraph is complete and accurate. Failure to certify  xcompliance and to comply completely with the following requirements of paragraph (b) of this  xsection shall result in dismissal of the application or revocation of the highpower MDS signal  x8booster station license, and may result in imposition of a monetary forfeiture. The applicant  xXadditionally is required to submit to the Commission's copy contractor (and to the Commission  xhupon staff request), both in hard copy, and on sequential 3.5" DSHD computer diskettes in a  x@form to be specified by the Commission by public notice, duplicates of the Form 331 filed with Mellon Bank, and the following information:  'L   `  'L ` ` (1) A demonstration that the proposed signal booster station site is within the  xprotected service area, as defined in  21.902(d) and 21.933, of the MDS station whose channels are to be reused; and  'L   ` , 'L ` ` (2) A study which demonstrates that the aggregate power flux density of the MDS  xstation and all associated booster stations and simultaneously operating cochannel response  xstations licensed to or applied for by the applicant, measured at or beyond the boundary of the  xLprotected service area of the MDS station whose channels are to be reused, does not exceed -73  xdBW/m (or the appropriately adjusted value based on the actual bandwidth used if other than  x6 MHz, see  21.907(b)(7)(i)) at locations for which there is an unobstructed signal path, unless the consent of the affected licensees has been obtained; and  'L   `  'L ` ` (3) In lieu of the requirements of  21.902(c) and (i), a study which demonstrates  xthat the proposed booster station will cause no harmful interference (as defined in  21.902(f))"#'0*((L&"  xto cochannel and adjacent channel, authorized or previously-proposed ITFS and MDS stations  xwith protected service area center coordinates as specified in  21.902(d), to any authorized or  xpreviouslyproposed response station hubs, booster stations or I channel stations associated with  xsuch ITFS and MDS stations, or to any ITFS receive sites registered as of September 17, 1998,  xPwithin 160.94 kilometers (100 miles) of the proposed booster station's transmitter site. Such  x|study shall consider the undesired signal levels generated by the proposed signal booster station,  xthe main station, all other licensed or previouslyproposed associated booster stations, and all  xsimultaneously operating cochannel response stations licensed to or applied for by the applicant.  xIn the alternative, a statement from the affected MDS or ITFS licensee or conditional licensee  xstating that it does not object to operation of the highpower MDS signal booster station may be submitted; and  'L   'L ` ` (4) A description of the booster service area; and  'L   'L ` ` (5) A demonstration either  'L   p 'L ` `  (i) That the booster service area is entirely within the protected service  xParea to which the licensee of a station whose channels are being reused is entitled by virtue of  xits being the licensee of an incumbent MDS station, or by virtue of its holding a Basic Trading Area or Partitioned Service Area authorization; or  'L   p 'L ` `  (ii) That the licensee entitled to any cochannel protected service area which is overlapped by the proposed booster service area has consented to such overlap; and  'L   `  'L ` ` (6) A demonstration that the proposed booster service area can be served by the proposed booster without interference; and  'L   `  'L ` ` (7) A certification that copies of the materials set forth in paragraph (b) of this  xsection have been served upon the licensee or conditional licensee of each station (including each  x|response station hub and booster station) required to be studied pursuant to paragraph (b)(3) of  xthis section, and upon any affected holder of a Basic Trading Area or Partitioned Service Area authorization pursuant to paragraph (b)(2) of this section.  'L    | 'L (c) Except as provided in  21.27(d), applications for highpower MDS signal booster  x$station licenses may be filed at any time. Notwithstanding any other provision of part 21  xd(including  21.31), applications for highpower MDS signal booster station licenses meeting the  xrequirements of paragraph (b) of this section shall cut-off applications that are filed on a  x$subsequent day for facilities that would cause harmful electromagnetic interference to the proposed booster stations.  'L    l 'L (d) Notwithstanding the provisions of  21.30(a)(4) and except as provided in  21.27(d),  x4any petition to deny an application for a highpower MDS signal booster station license shall be  xfiled no later than the sixtieth (60th) day after the date of public notice announcing the filing of  xsuch application or major amendment thereto. Notwithstanding  21.31 and except as provided"#'0*((L&"  xin  21.27(d), an application for a highpower MDS signal booster station license that meets the  xrequirements of paragraph (b) of this section shall be granted on the sixtyfirst (61st) day after  xhthe Commission shall have given public notice of the acceptance for filing of it, or of a major  x|amendment to it if such major amendment has been filed, unless prior to such date either a party  xin interest timely files a formal petition to deny or for other relief pursuant to  21.30(a), or the  xXCommission notifies the applicant that its application will not be granted. Where an application  x(is granted pursuant to the provisions of this paragraph, the conditional licensee or licensee shall  xmaintain a copy of the application at the MDS booster station until such time as the Commission issues a highpower MDS signal booster station license.  'L    4 'L (e) Eligibility for a license for a low power signal booster station that has a maximum  xEIRP of -9 dBW +10log(X/6) dBW, where X is the channel width in MHz, shall be restricted  x|to a licensee or conditional licensee. A lowpower MDS signal booster station may operate only  xon one or more MDS channels that are licensed to the licensee of the MDS booster station, but  xpmay be operated by a third party with a fullyexecuted lease or consent agreement with the MDS  xconditional licensee or licensee. An MDS licensee or conditional licensee may install and  xHcommence operation of a lowpower MDS signal booster station for the purpose of retransmitting  xthe signals of the MDS station or for originating signals. Such installation and operation shall  xbe subject to the condition that for sixty (60) days after installation and commencement of  xoperation, no objection or petition to deny is filed by the licensee of a, or applicant for a  x8previouslyproposed, cochannel or adjacent channel ITFS or MDS station with a transmitter  x@within 8.0 kilometers (5 miles) of the coordinates of the lowpower MDS signal booster station.  xAn MDS licensee or conditional licensee seeking to install a lowpower MDS signal booster  xstation under this rule must, within 48 hours after installation, submit FCC Form 331 to the  xCommission in Washington, DC, and submit to the Commission's copy contractor (and to the  x\Commission upon staff request), both in hard copy, and on sequential 3.5" DSHD computer  xdiskettes in a format to be specified by public notice, duplicates of the Form 331 filed with the  xPCommission, and the following (which also shall be submitted to the Commission only upon Commission staff request at any time):  'L   'L ` ` (1) A description of the booster service area; and  'L   'L ` ` (2) A demonstration either  'L   p 'L ` `  (i) That the booster service area is entirely within the protected service  xarea to which each licensee of a station whose channels are being reused is entitled by virtue of  xits being the licensee of an incumbent MDS station, or by virtue of its holding a Basic Trading Area or Partitioned Service Area authorization; or  'L   p 'L ` `  (ii) That the licensee entitled to any cochannel protected service area which is overlapped by the proposed booster service area has consented to such overlap; and  'L   `  'L ` ` (3) A demonstration that the proposed booster service area can be served by the proposed booster without interference; and"#'0*((L&"Ԍ 'L ԙ 'L ` ` (4) A certification that:  p ` `  (i) The maximum power level of the signal booster transmitter does not exceed -9 dBW + 10 log(X/6) dBW, where X is the channel width in MHz; and  'L    p 'L ` `  (ii) Where the booster is operating on channel D4, E1, F1, E2, F2, E3,  xhF3, E4, F4 and/or G1, no registered receiver of an ITFS E or F channel station, constructed  xprior to May 26, 1983, is located within a 1.61 km (1 mile) radius of the coordinates of the  xdbooster, or in the alternative, that a consent statement has been obtained from the affected ITFS licensee; and  'L   'L ` `  (iii) The applicant has complied with  1.1307 of this chapter; and  'L   p 'L ` `  (iv) Each MDS and/or ITFS station licensee (including the licensees of  xbooster stations and response station hubs) with protected service areas and/or registered  xreceivers within a 8 km (5 mile) radius of the coordinates of the booster has been given notice of its installation; and  'L    p 'L ` `  (v) The signal booster site is within the protected service area of the MDS station whose channels are to be reused; and  'L   p 'L ` `  (vi) The aggregate power flux density of the MDS station and all  xassociated booster stations and simultaneously operating cochannel response stations licensed to  xor applied for by the applicant, measured at or beyond the boundary of the protected service  xareas of the MDS stations whose channels are to be reused, does not exceed -73 dBW/m (or the  xappropriately adjusted value based on the actual bandwidth used if other than 6 MHz, see   x\21.907(b)(7)(i)) at locations for which there is an unobstructed signal path, unless the consent of the affected licensees has been obtained; and  'L   p 'L ` `  (vii) The antenna structure will extend less than 6.10 meters (20 feet)  xabove the ground or natural formation or less than 6.10 meters (20 feet) above an existing manmade structure (other than an antenna structure); and  'L   p 'L ` `  (viii) The MDS conditional licensee or licensee understands and agrees  xpthat, in the event harmful interference is claimed by the filing of an objection or petition to deny,  xpthe conditional licensee or licensee must terminate operation within two (2) hours of notification  xby the Commission, and must not recommence operation until receipt of written authorization to do so by the Commission.  'L     'L (f) Commencing upon the filing of an application for a highpower MDS signal booster  x(station license and until such time as the application is dismissed or denied or, if the application  xis granted, a certification of completion of construction is filed, an applicant for any new or  xmodified MDS or ITFS station (including a response station hub, highpower booster station, or  xI Channels station) shall demonstrate compliance with the interference protection requirements"#'0*((L&"  xset forth in  21.902(b)(3) through (b)(5), 21.938(b)(1) and (2) and (c), or 74.903 of this  xchapter with respect to any previouslyproposed or authorized booster service area both using the  Y0 xDtransmission parameters of the highpower MDS signal booster station (e.g., EIRP,  xpolarization(s) and antenna height) and the transmission parameters of the MDS station whose  xchannels are to be reused by the highpower MDS signal booster station. Upon the filing of a  xcertification of completion of construction of an MDS booster station applied for pursuant to  x\paragraph (b) of this section, or upon the submission of an MDS booster station notification  xpursuant to paragraph (e) of this section, the MDS station whose channels are being reused by  xthe MDS signal booster shall no longer be entitled to interference protection pursuant to   x21.902(b)(3) through (b)(5), 21.938(b)(1) and (2) and (c), and 74.903 of this chapter within the  xbooster service area based on the transmission parameters of the MDS station whose channels  x4are being reused. A booster station shall not be entitled to protection from interference caused  xby facilities proposed on or prior to the day the application or notification for the booster station  xis filed. A booster station shall not be required to protect from interference facilities proposed on or after the day the application or notification for the booster station is filed.  'L    D 'L (g) Where an application is granted under paragraph (d) of this section, if a facility  xoperated pursuant to that grant causes harmful, unauthorized interference to any cochannel or  xadjacent channel facility, it must promptly remedy the interference or immediately cease  x,operations of the interfering facility, regardless of whether any petitions to deny or for other  xrelief were filed against the application during the application process. The burden of proving  xthat a highpower MDS signal booster station is not causing harmful, unauthorized interference  x lies on the licensee of the alleged interfering facility, following the filing of a documented complaint of interference by an affected party.  'L     'L (h) In the event any MDS or ITFS receive site suffers interference due to block  xhdownconverter overload, the licensee of each nonco/adjacent channel signal booster station  xwithin five miles of such receive site shall cooperate in good faith to expeditiously identify the  xsource of the interference. Each licensee of a signal booster station contributing to such  xxinterference shall bear the joint and several obligation to remedy promptly all interference  xresulting from block downconverter overload at any ITFS registered receive site or at any receive  xPsite within an MDS or ITFS protected service area applied for prior to the submission of the  xapplication or notification for the signal booster station, regardless of whether the receive site  xpsuffering the interference was constructed prior to or after the construction of the signal booster  xstation(s) causing the downconverter overload; provided, however, that the licensee of the  xregistered ITFS receive site or the MDS or ITFS protected service area must cooperate fully and  xin good faith with efforts by signal booster station licensees to prevent interference before  xconstructing the signal booster station and/or to remedy interference that may occur. In the event  x0that more than one signal booster station licensee contributes to block downconverter interference  xdat an MDS or ITFS receive site, such licensees shall cooperate in good faith to remedy promptly the interference.  'L   'L 22. In Section 21.925, paragraph (b) is revised to read as follows:  'L  "%'0*((L&"Ԍ 'L   21.925 Applications for BTA authorizations and MDS station licenses.  'L    'L  * * * * *  'L     x 'L  (b) Separate long-form applications must be filed for each individual MDS station license sought within the protected service area of a BTA or PSA, including:  'L    ` T 'L  ` ` (1) An application for each E-channel group, F-channel group, and single H, 1, and 2A channel station license sought;  'L    `   'L  ` ` (2) An application for each site where one or more MDS response station hub  xlicense(s) is/are sought, provided that the technical parameters of each MDS response station hub are the same;  'L   ` ` 'L ` ` (3) An application for each site where one or more MDS booster station(s) will  xoperate with an EIRP in excess of -9 dBW (or, when subchannels or superchannels, or 125 kHz  x`channels, are used, the appropriately adjusted value based upon the ratio of 6 MHz to the subchannel or superchannel, or 125 kHz, bandwidth);  'L   `  'L ` ` (4) An application for authority to operate at an MDS station in the area vacated by an MDS station incumbent that has forfeited its station license; and  'L   ` 8 'L ` ` (5) An application for each ITFS-channel group station license sought in accordance with  74.990 and 74.991 of this chapter.  'L   'L * * * * *  'L   'L 23. In Section 21.938, paragraph (b) introductory text is revised to read as follows:  'L   'L  21.938 BTA and PSA technical and interference provisions.  'L   'L * * * * *  'L     'L (b) Unless the affected parties have executed a written interference agreement in  x8accordance with  21.937, and subject to the provisions of  21.909, 21.913, 21.949, 74.939  x of this chapter, 74.949 of this chapter and 74.985 of this chapter regarding the protection of  xresponse station hubs, booster service areas and 125 kHz channels from harmful electromagnetic  xDinterference, stations licensed to a BTA or PSA authorization holder must not cause harmful electromagnetic interference to the following:  'L   'L * * * * *  'L   'L 24. Section 21.949 is revised to read as follows:  'L "#'0*((L&"Ԍ 'L  21.949 Individually licensed 125 kHz channel MDS response stations.  'L     'L (a) The provisions of  21.909(a), (e), (h), (j), (l) and (m) and  74.939(j) shall also  xapply with respect to authorization of 125 kHz channel MDS response stations not authorized  xlunder a response station hub license. The applicant shall comply with the requirements of  x 21.902 and  21.938 where appropriate, as well as with the provisions of  21.909, 21.913,  x74.939 and 74.985 regarding the protection of response stations hubs and booster (and primary)  x<service areas from harmful electromagnetic interference, using the appropriately adjusted interference protection values based upon the ratios of the bandwidths involved.  'L   x 'L  (b) An application for a license to operate a new or modified 125 kHz channel MDS response  xstation not under a response station hub license shall be filed with Mellon Bank on FCC Form  Y 0 x 'L 331. The applicant shall supply the following information and certification on that form for each response station:  'L   'L * * * * *  'L   x 'L  (5) A certification that all licensees and applicants appropriately covered under the provisions of (a), above, have been served with copies of the application.  'L   'L * * * * *  'L      'L  (d) During breaks in communications, the unmodulated carrier frequency of an analog  x@transmission shall be maintained within 35 kHz of the assigned frequency at all times. Adequate means shall be provided to insure compliance with this rule.  'L!   xx 'L! PART 74 EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES  'L"   'L" 25. The authority for part 74 continues to read as follows: Authority: 47 U.S.C. 154, 303, 307, and 554.  'L#   x 'L# 26. In  74.901. the definition of "response station hub" is revised and the following definition of documented complaint is added as follows:  Y0 'L$   Y0 'L$ * * * * *  Y 0 'L%   Y!0 x 'L% Documented Complaint. A complaint that a party is suffering from nonconsensual interference.  xPA documented complaint must contain a certification that the complainant has contacted the  xoperator of the allegedly offending facility and tried to resolve the situation prior to filing. The  xcomplaint must then specify the nature of the interference, whether the interference is constant  xor intermittent, when the interference began and the site(s) most likely to be causing the  xinterference. The complaint should be accompanied by a videotape or other evidence showing  xthe effects of the interference. The complaint must contain a motion for a temporary order to"$'0*((L&"  xhave the interfering station cease transmitting. The complaint must be filed with the Secretary's office and served on the allegedly offending party.  Y0 'L&   'L& * * * * *  Y0 'L'   Y0 xt 'L' Response station hub. A fixed facility licensed to an MDS licensee, and operated by an MDS  xlicensee or the lessee of an MDS facility, for the reception of information transmitted by one or  xhmore MDS response stations that utilize digital modulation. A response station hub licensed  xpunder this part may share facilities with other MDS response station hubs, ITFS response station  xhubs authorized pursuant to  74.939, MDS signal booster stations, ITFS signal booster stations,  Y 0MDS stations, and/or ITFS stations.  'L(   'L( * * * * *  'L)   'L) 27. In Section 74.902, paragraph (f) is revised to read as follows:  'L*   'L*  74.902 Frequency assignments.  'L+   'L+ * * * * *  'L,     'L, (f) An ITFS licensee or conditional licensee may apply to exchange evenly one or more  xof its assigned channels with another ITFS licensee or conditional licensee in the same system,  xLor with an MDS licensee or conditional licensee in the same system, except that an ITFS licensee  xpor conditional licensee may not exchange one of its assigned channels for MDS channel 2A. The  xlicensees or conditional licensees seeking to exchange channels shall file in tandem with the  x\Commission separate pro forma assignment of license applications, each attaching an exhibit  xDwhich clearly specifies that the application is filed pursuant to a channel exchange agreement.  xThe exchanged channel(s) shall be regulated according to the requirements applicable to the  xhassignee; provided, however, that an ITFS licensee or conditional licensee which receives one  xor more E or F Group channels through a channel exchange with an MDS licensee or conditional  x|licensee shall not be subject to the restrictions on ITFS licensees who were authorized to operate on the E or F Group channels prior to May 26, 1983.  'L-   'L- * * * * *  'L.   x 'L. 28. In Section 74.903, paragraphs (a)(1) through (a)(3), paragraph (b) introductory text,  xparagraphs (b)(1), (2), (4) and (5), paragraph (c) and paragraph (d) are revised, paragraphs (e) and (f) are removed, and new paragraph (a)(6) is added, to read as follows:  'L/   'L/  74.903 Interference.  'L0   'L0 (a) * * *  'L1   ` @ 'L1 ` ` (1) Cochannel interference is defined as the ratio of the desired signal to the"#' 0*((L&"  xpundesired signal, at the output of a reference receiving antenna oriented to receive the maximum  xdesired signal level. Harmful interference will be considered present when a calculation using  xa terrain sensitive signal propagation model determines that this ratio is less than 45 dB (or the appropriate value for bandwidths other than 6 MHz. See below.)  'L2   ` $ 'L2 ` ` (2) Adjacent channel interference is defined as the ratio of the desired signal to  x\undesired signal present in an adjacent channel, at the output of a reference receiving antenna oriented to receive the maximum desired signal level.  'L3   pl 'L3 ` `  (i) Harmful interference will be considered present when a calculation  x(using a terrain sensitive signal propagation model determines that this ratio is less than 0 dB (or the appropriate value for bandwidths other than 6 MHz. See below.)  'L4   p8 'L4 ` `  (ii) In the alternative, harmful interference will be considered present for  x8an ITFS station constructed before May 26, 1983, when a calculation using a terrain sensitive  xsignal propagation model determines that this ratio is less than 10 dB (or the appropriate value for bandwidths other than 6 MHz, see below), unless:  'L5    'L5 ` `  ,(A) The individual receive site under consideration has been  xXsubsequently upgraded with uptodate reception equipment, in which case the ratio shall be less  xthan 0 dB. Absent information presented to the contrary, however, the Commission will assume that reception equipment installation occurred simultaneously with original station equipment; or  'L6    'L6 ` `  ,(B) The license for an ITFS station is conditioned on the proffer  x(to the affected ITFS station licensee of equipment capable of providing a ratio of 0 dB or more  xat no expense to the ITFS station licensee, and also conditioned, if necessary, on the proffer of  xinstallation of such equipment; and there has been no showing by the affected ITFS station  x(licensee demonstrating good cause and that the proposed equipment will not provide a ratio of  x(0 dB or more, or that installation of such equipment, at no expense to the ITFS station licensee, is not possible or has not been proffered.  'L7   `  'L7 ` ` (3) For purposes of this section and except as set forth in  74.939 regarding the  xlprotection of response station hubs, all interference calculations involving receive antenna  x,performance shall use the reference antenna characteristics shown in Figure I,  74.937(a) or,  xin the alternative, utilize the actual pattern characteristics of the antenna in use at the receive site  xpunder study. If the actual receive antenna pattern is utilized, the applicant must submit complete  xdetails including manufacturer, model number(s), co-polar and cross-polar gain patterns, and other pertinent data.  'L8   'L8 * * * * *  'L9   `  'L9 ` ` (6) Notwithstanding the above, main, booster and response stations shall use the  xfollowing formulas, as applicable, for determining compliance with: (1) Radiated field contour  xlimits where bandwidths other than 6 MHz are employed at stations utilizing digital emissions;"#'!0*((L&"  xand (2) Cochannel and adjacent channel D/U ratios where the bandwidths in use at the interfering  x and protected stations are unequal and both stations are utilizing digital modulation or one station  x`is utilizing digital modulation and the other station is utilizing either 6 MHz NTSC analog modulation or 125 kHz analog modulation (I channels only).  'L:   Y0  pD 'L: ` `  (i) Contour limit: -73 dBW/m2 + 10 log(X/6) dBW/m2, where X is the bandwidth in MHz of the digital channel.  'L;   YH`  p4 'L; ` `  (ii) Cochannel D/U: 45 dB + 10 log(X1/X2) dB, where X1 is the  Y1` xbandwidth in MHz of the protected channel and X2 is the bandwidth in MHz of the interfering channel.  'L<   Y `  p 'L< ` `  (iii) Adjacent channel D/U: 0 dB + 10 log(X1/X2), where X1 is the  Y ` xbandwidth in MHz of the protected channel and X2 is the bandwidth in MHz of the interfering channel.  'L=     'L= (b) All applicants for instructional television fixed stations are expected to take full  xadvantage of such directive antenna techniques to prevent interference to the reception of any  xXexisting or previouslyproposed operational fixed, multipoint distribution, international control  xor instructional television fixed station at authorized receiving locations. Therefore, all  xXapplications for new stations must include an analysis of potential interference to all existing and  x@previouslyproposed stations in accordance with paragraph (a) of this section. An applicant for  xLa new instructional television fixed station must include the following technical information with the application:  'L>   ` | 'L> ` ` (1) An analysis of the potential for harmful interference with the receive sites  xregistered as of September 17, 1998, and with the protected service area, of any authorized or previouslyproposed cochannel station if:  'L?   p 'L? ` `  (i) The proposed transmitting antenna has an unobstructed electrical path  xtto receive site(s) and/or the protected service area of any other station that utilizes, or would utilize, the same frequency; or  'L@   p 'L@ ` `  (ii) The proposed transmitter is within 80.5 km (50 miles) of the coordinates of any such station.  'LA   `  'LA ` ` (2) An analysis of the potential for harmful adjacent channel interference with the  x,receive sites registered as of September 17, 1998, and with the protected service area, of any  xauthorized or previouslyproposed station if the proposed transmitter is within 80.5 km (50 miles) of the coordinates of any station that utilizes, or would utilize, an adjacent channel frequency.  'LB   'LB * * * * *  'LC   `  'LC ` ` (4) In lieu of the interference analyses required by paragraphs (b)(1) and (2) of"#'"0*(($'"  xtthis section, an applicant may submit (a) statement(s) from the affected cochannel or adjacent channel licensee(s) or conditional licensee(s) that any resulting interference is acceptable.  'LD   `  'LD ` ` (5) Specific rules relating to response station hubs, booster stations, and 125 kHz  x(channels are set forth in  21.909 of this chapter, 21.913 of this chapter, 21.949 of this chapter,  x74.939, 74.949 and 74.985. To the extent those specific rules are inconsistent with any rules set forth above, those specific rules shall control.  'LE     'LE (c) Existing licensees, conditional licensees and prospective applicants, including those  x8who lease or propose to lease excess capacity pursuant to  74.931(c) or (d), are expected to  x8cooperate fully and in good faith in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission.  'LF     'LF (d) Each authorized or previouslyproposed applicant, conditional licensee, or licensee  xmust be protected from harmful electrical interference at each of its receive sites registered  xpreviously as of September 17, 1998, and within a protected service area as defined at   xD21.902(d) of this chapter and in accordance with the reference receive antenna characteristics  xspecified at  21.902(f) of this chapter. An ITFS entity which did not receive protected service  xarea protection prior to September 17, 1998 shall be accorded such protection by a cochannel  xor adjacent channel applicant for a new station or station modification, including a booster  xstation, response station or response station hub, where the applicant is required to prepare an analysis, study or demonstration of the potential for harmful interference.  'LG   'LG 29. Section 74.911 is revised to read as follows:  'LH   'LH  74.911 Processing of ITFS station applications.  'LI   'LI (a) Applications for ITFS stations are divided into three groups:  'LJ   `  'LJ ` ` (1) In the first group are applications for new stations. These applications are subject to the provisions of paragraph (c) of this section.  'LK   ` | 'LK ` ` (2) In the second group are applications for major changes in the facilities of  x<authorized stations. A major change for an ITFS station will be any proposal to add new  xchannels, change from one channel (or channel group) to another, except as provided for in   x474.902(f), change polarization, increase the EIRP in any direction by more than 1.5 dB, increase  xthe transmitting antenna height by 25 feet or more, or relocate a facility's transmitter site by 10 miles or more. Major change applications are subject to paragraphs (d) and (e) of this section.  'LL   `  'LL ` ` (3) The third group consists of applications for all other licenses and all other changes in the facilities of authorized stations.  'LM     'LM (b) A new file number will be assigned to an application for a new station or for major  xchanges in the facilities of an authorized station, when it is amended so as to effect a major"#'#0*((L&"  xchange, as defined in paragraph (a)(2) of this section, or results in a situation where the original  xparty or parties to the application do not retain control of the applicant as originally filed. An  xapplication for change in the facilities of any existing station will continue to carry the same file  xLnumber even though (pursuant to Commission approval) an assignment of license or transfer of  xcontrol of such licensee or permittee has taken place if, upon consummation, the application is amended to reflect the new ownership.  'LN   Y_0 ` $ 'LN (c)` ` (1) The FCC will specify by Public Notice, pursuant to  73.5002, a period for  xLfiling ITFS applications for a new station. Such ITFS applicants shall be subject to the  Y10 xprovisions of  1.2105 and the ITFS competitive bidding procedures. See 47 CFR  73.5000,  Y 0et. seq.  'LO   `  'LO ` ` (2) The requirements of this section apply to a wireless cable entity requesting to be licensed on ITFS frequencies pursuant to  74.990.  'LP     'LP (d) Notwithstanding any other provisions of this part, effective as of September 17, 1998,  xthere shall be a one-week window, at such time as the Commission shall announce by public  x8notice, for the filing of applications for all major changes, highpower signal booster station,  x@response station hub, and I channels pointtomultipoint transmissions licenses, during which all  xapplications shall be deemed to have been filed as of the same day for purposes of  74.939 and  x74.985. Following the publication of a public notice announcing the tendering for filing of  xapplications submitted during that window, applicants shall have a period of sixty (60) days to  xamend their applications, provided such amendments do not result in any increase in interference  xto any previouslyproposed or authorized station, or to facilities proposed during the window,  xabsent consent of the applicant for or conditional licensee or licensee of the station that would  xreceive such additional interference. At the conclusion of that sixty (60) day period, the  xdCommission shall publish a public notice announcing the acceptance for filing of all applications  xsubmitted during the initial window, as amended during the sixty (60) day period. All petitions  xto deny such applications must be filed within sixty (60) days of such second public notice. On  xthe sixty-first (61st) day after the publication of such second public notice, applications for major  xchanges, new or modified response station hub, high powered signal booster and booster station  xlicenses may be filed and will be processed in accordance with the provisions of  74.939 and  x74.985. Each application submitted during the initial window shall be granted on the sixtyfirst  x(61st) day after the Commission shall have given such public notice of its acceptance for filing,  x8unless prior to such date either a party in interest timely files a formal petition to deny or for  xother relief pursuant to  74.912, or the Commission notifies the applicant that its application will  xnot be granted. Where an application is granted pursuant to the provisions of this paragraph, the  xconditional licensee or licensee shall maintain a copy of the application at the transmitter site or response station hub until such time as the Commission issues a license.  'LQ     'LQ (e) Except as provided in paragraph (d), major change applications may be filed at any  xtime. Except during the sixty (60) day amendment period provided for in paragraph (d), any  x4amendment to a major change application that reflects any change in the technical specifications  xlof the proposed facility, includes any new or modified analysis of potential interference to"#'$0*((L&"  xanother facility, or submits any interference consent from a neighboring licensee, shall cause the  xapplication to be considered newlyfiled. Notwithstanding any other provision of part 74, major  xchange applications meeting the requirements of part 74 shall cutoff applications that are filed  xon a subsequent day for facilities that would cause harmful electromagnetic interference to the  xfacilities proposed in the major change application. A facility proposed in a major change  xapplication shall not be entitled to protection from interference caused by any facilities proposed  xon or prior to the day the major change application is filed. A facility proposed in a major  xchange application shall not be required to protect from interference facilities proposed on or  xhafter the day the major change application is filed. Except as provided by paragraph (d), any  xpetition to deny a major change application shall be filed no later than the sixtieth (60th) day after  x`the date of public notice announcing the filing of such application. Except as provided in  xparagraph (d) a major change application that meets the requirements of part 74 shall be granted  xon the sixtyfirst (61st) day after the Commission shall have given public notice of the acceptance  xtfor filing of it, unless prior to such date either a party in interest files a timely petition to deny  x\or files for other relief pursuant to  74.912, or the Commission notifies the applicant that its  xPapplication will not be granted at such time. Where an application is granted pursuant to the  x provisions of this paragraph, the conditional licensee or licensee shall maintain a copy of the  xapplication at the facility until such time as the Commission issues a license for that facility's operations.  'LR   'LR 30. New Section 74.912 is added to read as follows:  'LS   'LS  74.912 Petitions to deny.  'LT     'LT (a) Any party in interest may file with the Commission a petition to deny any application  xfor new facilities or major changes in the facilities of authorized stations, provided such petitions  xDare filed by the date established pursuant to the cut-off provisions of  74.911(c). In the case  xof all other applications, except those excluded under Section 309(c) of the Communications Act  xof 1934, as amended, and except as provided in  74.939 and 74.985, petitions to deny must  x(be filed not later than 30 days after issuance of a public notice of the acceptance for filing of the  x\applications. In the case of applications for renewal of license, petitions to deny may be filed  xafter the issuance of a public notice of acceptance for filing of the applications and up until the  xfirst day of the last full calendar month of the expiring license term. Any party in interest may  x file with the Commission a petition to deny any notification regarding ITFS booster stations within the 60 day period provided for in  74.985(e).  'LU     'LU (b) The applicant may file an opposition to any petition to deny, and the petitioner a  x,reply to such opposition in which allegations of fact or denials thereof shall be supported by  xaffidavit of a person or persons with personal knowledge thereof. The times for filing such oppositions and replies shall be those provided in  1.45 of this chapter.  'LV   'LV 31. In Section 74.931, paragraphs (c) and (d) are revised to read as follows:  'LW   'LW  74.931 Purpose and permissible service."#'%0*((L&"Ԍ 'LX ԙ 'LX * * * * *  'LY    D 'LY (c) A licensee solely utilizing analog transmissions may use excess capacity on each  xchannel to transmit material other than the ITFS subject matter specified in paragraphs (a) and (b) of this section, subject to the following conditions:  'LZ   ` x 'LZ ` ` (1) Before leasing excess capacity on any one channel, the licensee must provide  xat least 20 hours per week of ITFS educational usage on that channel, except as provided in  xparagraph (c)(2) of this section. An additional 20 hours per week per channel must be strictly  x8reserved for ITFS use and not used for nonITFS purposes, or reserved for recapture by the  xITFS licensee for its ITFS educational usage, subject to one year's advance, written notification  xby the ITFS licensee to its lessee and accounting for all recapture already exercised, with no  xeconomic or operational detriment to the licensee. These hours of recapture are not restricted  xas to time of day or day of the week, but may be established by negotiations between the ITFS  xLlicensee and the lessee. This 20 hours per channel per week ITFS educational usage requirement  xand this recapture and/or reservation requirement of an additional 20 hours per channel per week shall apply spectrally over the licensee's whole actual service area.  'L[   `  'L[ ` ` (2) For the first two years of operation, an ITFS entity may lease excess capacity  xif it provides ITFS educational usage for at least 12 hours per channel per week, provided that the entity does not employ channel loading technology.  'L\   `  'L\ ` ` (3) The licensee may shift its requisite ITFS educational usage onto fewer than  xits authorized number of channels, via channel mapping or channel loading technology, so that  xit can lease fulltime channel capacity on its ITFS station and/or associated ITFS booster stations,  x(subject to the condition that it provide a total average of at least 20 hours per channel per week  xof ITFS educational usage on its authorized channels. The use of channel mapping or channel  xTloading consistent with the Rules shall not be considered adversely to the ITFS licensee in  x(seeking a license renewal. The licensee also retains the unabridgeable right to recapture, subject  x\to six months' advance written notification by the ITFS licensee to its lessee, an average of an  xadditional 20 hours per channel per week, accounting for all recapture already exercised. The  xlicensee may agree to the transmission of this recapture time on channels not authorized to it, but  xwhich are included in the wireless system of which it is a part. A licensee under this paragraph  xLwhich leases excess capacity to an operator which utilizes digital transmissions on any one of the  xlicensee's licensed channels may "channel shift" pursuant to and under the conditions of paragraph (d)(2) of this section.  'L]   `  'L] ` ` (4) An ITFS applicant, conditional licensee, or licensee may specify an  xomnidirectional antenna for pointtomultipoint transmissions to facilitate the leasing of excess capacity.  'L^   ` d 'L^ ` ` (5) Leasing activity may not cause unacceptable interference to cochannel or adjacent channel operations.  'L_ "#'&0*((L&"Ԍ ` T 'L_ ` ` (6) When an ITFS licensee makes capacity available on a common carrier basis, it will be subject to common carrier regulation.  'Lb   p 'Lb ` `  (i) A licensee operating as a common carrier is required to comply with  xall policies and rules applicable to that service. Responsibility for making the initial  xdetermination of whether a particular activity is common carriage rests with the ITFS licensee.  xlInitial determinations by the licensees are subject to Commission examination and may be reviewed at the Commission's discretion.  'Lc   p` 'Lc ` `  (ii) An ITFS licensee also may alternate, without further authorization  xTrequired, between rendering service on a common carrier and noncommon carrier basis,  x(provided that the licensee notifies the Commission of any service status changes at least 30 days  xin advance of such changes. The notification shall state whether there is any affiliation or relationship to any intended or likely subscriber or program originator.  'Ld   p< 'Ld ` `  (iii) Licensees under paragraph (c)(6) of this section additionally shall  x,comply with the provisions of  21.304, 21.900(b), 21.903(b)(1) and (2) and (c), and 21.910 of this chapter.  'Le    \ 'Le (d) A licensee utilizing digital transmissions on any of its licensed channels may use  x|excess capacity on each channel to transmit material other than the ITFS subject matter specified in paragraphs (a) and (b) of this section, subject to the following conditions:  'Lf   `  'Lf ` ` (1) The licensee must reserve a minimum of 5% of the capacity of its channels  xPfor instructional purposes only, and may not lease this reserved capacity. In addition, before  xpleasing excess capacity, the licensee must provide at least 20 hours per licensed channel per week  xdof ITFS educational usage. This 5% reservation and this 20 hours per licensed channel per week  x|ITFS educational usage requirement shall apply spectrally over the licensee's whole actual service area.  'Lg   `  'Lg ` ` (2) The licensee may shift its requisite ITFS educational usage onto fewer than  xdits authorized number of channels, via channel mapping or channel loading technology, and may  xTshift its requisite ITFS educational usage onto channels not authorized to it, but which are  xincluded in the wireless system of which it is a part ("channel shifting"), so that it can lease full xtime channel capacity on its ITFS station, associated ITFS booster stations, and/or ITFS response  x stations and associated response station hubs, subject to the condition that it provide a total  xaverage of at least 20 hours per licensed channel per week of ITFS educational usage. The use  x@of channel mapping, channel loading, and/or channel shifting consistent with the Rules shall not be considered adversely to the ITFS licensee in seeking a license renewal.  'Lh   `  'Lh ` ` (3) An ITFS applicant, conditional licensee, or licensee may specify an  xomnidirectional antenna for pointtomultipoint transmissions to facilitate the leasing of excess capacity.  'Li "#''0*((L&"Ԍ ` d 'Li ` ` (4) Leasing activity may not cause unacceptable interference to cochannel or adjacent channel operations.  'Lj   `  'Lj ` ` (5) A licensee leasing any of its licensed channels to be used as response channels  xshall be required to maintain at least 25% of the capacity of its channels for pointtomultipoint  xLtransmissions during the term of the lease and following termination of the leasing arrangement.  x4This 25% preservation may be over the licensee's own authorized channels or over channels not authorized to it, but which are included in the wireless system of which it is a part.  'Lk   ` T 'Lk ` ` (6) When an ITFS licensee makes capacity available on a common carrier basis, it will be subject to common carrier regulation.  'Ll   p 'Ll ` `  (i) A licensee operating as a common carrier is required to comply with  xall policies and rules applicable to that service. Responsibility for making the initial  xdetermination of whether a particular activity is common carriage rests with the ITFS licensee.  xlInitial determinations by the licensees are subject to Commission examination and may be reviewed at the Commission's discretion.  'Lm   p` 'Lm ` `  (ii) An ITFS licensee also may alternate, without further authorization  xTrequired, between rendering service on a common carrier and noncommon carrier basis,  x(provided that the licensee notifies the Commission of any service status changes at least 30 days  xin advance of such changes. The notification shall state whether there is any affiliation or relationship to any intended or likely subscriber or program originator.  'Ln   pT 'Ln ` `  (iii) Licensees under paragraph (d)(6) of this section additionally shall  x,comply with the provisions of  21.304, 21.900(b), 21.903(b)(1) and (2) and (c), and 21.910 of this chapter.  'Lo   'Lo * * * * *  'Lp   'Lp 33. In Section 74.932, paragraph (a)(4) is revised to read as follows:  'Lq   'Lq  74.932 Eligibility and licensing requirements.  'Lr   'Lr (a) * * *  'Ls   'Ls * * * * *  'Lt   ` ` ` (4) Those applicant organizations whose eligibility is established by service to  xT 'Lv accredited institutional or governmental organizations must submit documentation from proposed  xreceive sites demonstrating that they will receive and use the applicant's educational usage. In  x4place of this documentation, a state educational television (ETV) commission may demonstrate that the public schools it proposes to serve are required to use its proposed educational usage.  'Lw "#'(0*((L&"Ԍ* * * * *  x,34. In Section 74.935, the section heading and paragraphs (a) through (c) and (e) are revised to read as follows:  74.935 EIRP limitations.   (a) The maximum EIRP of a main or booster station shall not exceed 33 dBW +  x10log(X/6) dBW, where X is the actual bandwidth if other than 6 MHz, except as provided in paragraph (b) of this section.   @(b) If a main or booster station sectorizes or otherwise uses one or more transmitting  xantennas with a non-omnidirectional horizontal plane radiation pattern, the maximum EIRP over a 6 MHz channel in dBW in a given direction shall be determined by the following formula:  xEIRP = 33 dBW + 10 log(X/6) dBW + 10 log(360/beamwidth) dBW, where X is the channel  Y 0width in MHz and 10 log(360/beamwidth) < 6 dB. 'L|  x|Beamwidth is the total horizontal plane beamwidth of the individual transmitting antenna for the station or any sector measured at the half-power points.  'L}     'L} (c) An increase in station EIRP, above currentlyauthorized or previouslyproposed  xvalues, to the maximum values provided in paragraphs (a) and (b) of this section may be  xauthorized, if an applicant demonstrates that the requested EIRP increase would not cause  xharmful interference to any authorized or previouslyproposed, cochannel or adjacent channel  xlstation entitled to interference protection under the Commission's rules, or if an applicant demonstrates that:  'L~   `  'L~ ` ` (1) A station that must be protected from interference could compensate for interference by increasing its EIRP; and  'L   `  'L ` ` (2) The interfered-with station may increase its own EIRP consistent with the  xrules and without causing harmful interference to any cochannel or adjacent channel main or  xbooster station protected service area, response station hub or BTA/PSA, for which consent for the increased interference has not been obtained ; and  'L   ` ` 'L ` ` (3) The applicant requesting authorization of an EIRP increase agrees to pay all expenses associated with the increase in EIRP by the interfered-with station. * * * * *   (e) For main, booster and response stations utilizing digital emissions with nonuniform  YQ%0 x|power spectral density (e.g. unfiltered QPSK), the power measured within any 100 kHz  xresolution bandwidth within the 6 MHz channel occupied by the nonuniform emission cannot  x|exceed the power permitted within any 100 kHz resolution bandwidth within the 6 MHz channel"%')0*((L&"  Y0 xif it were occupied by an emission with uniform power spectral density, i.e., if the maximum  x8permissible power of a station utilizing a perfectly uniform power spectral density across a 6  xPMHz channel were 2000 watts EIRP, this would result in a maximum permissible power flux  xddensity for the station of 2000/60 = 33.3 watts EIRP per 100 kHz bandwidth. If a nonuniform  xemission were substituted at the station, station power would still be limited to a maximum of  x433.3 watts EIRP within any 100 kHz segment of the 6 MHz channel, irrespective of the fact that this would result in a total 6 MHz channel power of less than 2000 watts EIRP. 35. In Section 74.936 paragraphs (a), (b) and (d)(3) are revised to read as follows:  74.936 Emissions and bandwidth.  'L    T 'L (a) An ITFS station may employ amplitude modulation (C3F) for the transmission of the  xvisual signal and frequency modulation (F3E) or (G3E) for the transmission of the aural signal  xwhen transmitting a standard analog television signal. Quadrature amplitude modulation (QAM),  x digital vestigial sideband modulation (VSB), quadrature phase shift key modulation (QPSK), code  x$division multiple access (CDMA) and orthogonal frequency division multiplex (OFDM) emissions  Y{0 xmay be employed, subject to compliance with the policies set forth in the Declaratory Ruling and  Yd0 xDOrder, 11 FCC Rcd 18839 (1996). Use of OFDM also is subject to the subsequently Digital  YM0 xDeclaratory Ruling and Order, DA 99554 (Mass Med. Bur. rel. Mar. 19, 1999). Other digital  xemissions may be added to those authorized above, including emissions with nonuniform power  xspectral density, if the applicant provides information in accordance with the guidelines and  Y0 xprocedures set forth in the Declaratory Ruling and Order which clearly demonstrates the spectral  xoccupancy and interference characteristics of the emission. The licensee may subchannelize its  xxauthorized bandwidth, provided that digital modulation is employed and the aggregate power does  xnot exceed the authorized power for the channel, and may utilize all or a portion of its authorized  xbandwidth for ITFS response stations authorized pursuant to  74.939. The licensee may also,  xjointly with affected adjacent channel licensees, transmit utilizing bandwidth in excess of its  xdauthorized frequencies, provided that digital modulation is employed, all power spectral density  xLrequirements set forth in this part are met and the outofband emissions restrictions set forth in  x74.936 are met at the edges of the channels employed. The wider channels thus created may be redivided to create narrower channels.  'L    l 'L (b) Notwithstanding the above, any digital emission which complies with the outofband emission restrictions of  21.908 may be used in the following circumstances:  'L   ` $ 'L ` ` (1) At any ITFS main or booster station transmitter which is located more than  x\160.94 km (100 miles) from the nearest boundary of all cochannel and adjacent channel ITFS  x@and MDS protected service areas, including Basic Trading Areas and Partitioned Service Areas; and  'L   ` 0 'L ` ` (2) At all ITFS response station transmitters within a response service area if all  x(points along the response service area boundary line are more than 160.94 km (100 miles) from  xDthe nearest boundary of all cochannel and adjacent channel ITFS and MDS protected service"%'*0*((L&" areas, including Basic Trading Areas and Partitioned Service Areas; and  'L   ` H 'L ` ` (3) At any ITFS transmitter where all parties entitled by this part to interference  xprotection from that transmitter have mutually consented to the use at that transmitter of such emissions.  'L   'L * * * * *  'L     'L (d) A booster transmitting on multiple contiguous or noncontiguous channels carrying  xLseparate signals (a broadband booster) with an EIRP in excess of 9 dBW per 6 MHz channel  xand employing analog, digital or a combination of these modulations shall have the following characteristics:  'L   'L * * * * *  'L   ` ` 'L ` ` (3) Within unoccupied channels in the frequency range of 2.5002.690 GHz, the  xDmaximum outofband power shall be attenuated at the upper and lower channel edges of an  xtunoccupied channel by at least 25 dB relative to the licensed analog peak visual carrier power  xlevel or digital average power level of the occupied channels (or, when subchannels or 125 kHz  xchannels are used, the appropriately adjusted value based upon the ratio of the channelto xsubchannel bandwidths), then linearly sloping from that level to at least 40 dB of attenuation at  x0.25 MHz above and below the occupied channel edges, then linearly sloping from that level to  xat least 50 dB of attenuation at 3.0 MHz above and below the occupied channel edges, and attenuated at least 50 dB at all other unoccupied frequencies.  'L   'L * * * * *  'L   x 'L 36. In Section 74.937, paragraph (a) is revised by amending the text preceding figure 1, and paragraph (b) is revised, to read as follows:  'L   'L  74.937 Antennas.  'L     'L (a) In order to minimize the hazard of harmful cohannel and adjacent channel interference  xfrom other stations, directive receiving antennas should be used at all receiving locations other  xthan response station hubs. The choice of receiving antennas is left to the discretion of the  xlicensee. However, for the purpose of interference calculations, except as set forth in  74.939,  xhthe general characteristics of the reference receiving antenna shown in Figure 1 of this section  xX(i.e., a 0.6 meter (2 foot) parabolic reflector antenna) are assumed to be used in accordance with  xhthe provisions of  74.903(a)(3) unless pertinent data is submitted of the actual antenna in use  xat the receive site. Licensees may install receiving antennas with general characteristics superior  xto those of the reference receive antenna. Nevertheless, should interference occur and it can be  xdemonstrated by an applicant that the existing antenna at the receive site is inappropriate, a more  x\suitable yet practical receiving antenna should be installed. In such cases, the modification of  xthe receive site will be in the discretion, and will be the responsibility, of the licensee serving"#'+0*((L&"  Y0the site.` `  'L     'L (b) Except as set forth in  74.931(c)(4) and (d)(3), directive transmitting antennas shall  xlbe used whenever feasible so as to minimize interference to other licensees. The radiation  x,pattern shall be designed to minimize radiation in directions where no reception is intended.  xWhen an ITFS station is used for point-to-point service, an appropriate directional antenna must be used.  'L   'L * * * * *  'L   'L 37. Section 74.939 is revised to read as follows:  'L   'L  74.939 ITFS response stations.  'L    p 'L (a) An ITFS response station is authorized to provide communication by voice, video  xand/or data signals with its associated ITFS response station hub or associated ITFS station. An  xITFS response station may be operated only by the licensee of the ITFS station, by any person  xor entity authorized by the ITFS licensee to receive pointtomultipoint transmissions over its  x,channels, by any lessee of excess capacity, or by a subscriber of any lessee of excess capacity.  xThe authorized channel may be divided to provide distinct subchannels for each of more than one  xresponse station, provided that digital modulation is employed and the aggregate power does not  xexceed the authorized power for the channel. An ITFS response station may also, jointly with  xpother licensees, transmit utilizing bandwidth in excess of that authorized to the station, provided  x|that digital modulation is employed, all power spectral density requirements set forth in this part  xare met, and the out-of-band emission restrictions set forth in  74.936 or paragraph (k) of this section are complied with. X` hp x (#%'0*,.8135@8:6 MHz)  xor down (channel <6 MHz) by 10 log(X/6) dBW, where X is the channel width in MHz.) For  xresponse stations located within 1960 feet of an ITFS receive site registered and built prior to the  xfiling of the application for the hub station license, the hub licensee must notify the licensee of  xthe ITFS receive site at least one business day prior to the activation of these response stations.  x(The notification must contain, for each response station to be activated, the following  xhinformation: (1) name and telephone number of a contact person who will be responsible for  xcoordinating the resolution of any interference problems; (2) street address; (3) geographic  xDcoordinates to the nearest second; (4) channels/subchannels (transmit only); and (5) transmit  xantenna pattern, EIRP, orientation and height AMSL. (If any or all of the elements of item (5)  xare not known with specificity at the time of notification, the hub licensee may, instead, specify  xthe worstcase values for the class of response station being activated.) Such notice to the ITFS  x@licensee shall be given in writing by certified mail unless the ITFS licensee has requested delivery  x`by email or facsimile. The ITFS licensee may waive the notification requirement on a site xspecific basis or on a systemwide basis. The notification provisions of this section shall not apply if:  'L   'L ` `  (1) The response station will operate at an EIRP no greater than 6 dBW; or  'L    lp 'L ` `  (2) The response station will operate at an EIRP greater than 6 dBW and no more than 18 dBW and:  'L   p 'L ` `   (i) The channels being received at the ITFS site are neither the same as, nor directly adjacent to, the channel(s) to be transmitted from the response station; and  'L   p< 'L ` `   (ii) The hub station licensee has replaced, at its expense, the frequency  xdownconverters used at all ITFS receive sites registered and constructed prior to the filing of the hub station application which are within 1960 feet of the hub station's response service area; and  'L   p@ 'L ` `   (iii) The downconverters, at a minimum, conform to the following specifications:  'L    'L ` `   ,(A) A frequency of operation covering the 21502162 MHz band or the 25002686 MHz band; and  'L   'L ` `   ,(B) A thirdorder intercept point of 30 dBm; and  'L   | 'L ` `   ,(C) A conversion gain of 32 dB, or the same conversion gain as the existing ITFS downconverter, whichever is least; and"#'70*((L&"Ԍ | 'L ԙ 'L ` `   ,(D) A noise figure of no greater than 2.5 dB, or no more than 1 dB greater than the noise figure of the existing ITFS downconverter, whichever is greater; and  'L   p 'L ` `   (iv) The proposal to upgrade the ITFS downconverter was made in writing  xand served upon the affected ITFS licensee, conditional licensee or applicant at the same time  xthe application for the response station hub license was served on cochannel and adjacent channel  xITFS parties and no objection was made within the 60day period allowed for petitions to deny the hub station application.  'L   `  'L ` ` (q) Interference calculations shall be performed in accordance with Appendix D  Y 0 xto the Report and Order on Reconsideration in MM Docket No. 97217, FCC 99178, "Methods  xFor Predicting Interference From Response Station Transmitters and To Response Station Hubs  xand For Supplying Data on Response Station Systems" as amended Compliance with the outofband emission limitations shall be established in accordance with  21.908(e) of this chapter.  'L   'L 38. Section 74.949 is revised to read as follows:  'L   'L  74.949 Individually licensed 125 kHz channel ITFS response stations.  'L   `  'L ` ` (a) The provisions of  74.939(a), (e), (h), (j), (k), (n) and (o) shall also apply  xwith respect to the authorization of 125 kHz channel ITFS response stations not authorized under  x`a response station hub license. The applicant shall also comply with the requirements of   x74.903 and  21.938 where appropriate, as well as with the provisions of  21.909, 21.913,  x@74.939 and 74.985 regarding the protection of response station hubs and booster (and primary)  x<service areas from harmful electromagnetic interference, using the appropriately adjusted interference protection values based upon the ratios of the bandwidths involved.  'L   `  'L ` ` (b) An application for a license to operate a new or modified 125 kHz channel  xITFS response station not under a response station hub license shall be filed with the Commission  Ye0 xin Washington, D.C., on FCC Form 331. The applicant shall supply the following information and certification on that form for each response station:  'L   'L * * * * *  'L   lP 'L ` `  (5) A certification that all licensees and applicants appropriately covered under the provisions of (a), above, have been served with copies of the application.  'L   'L * * * * *  'L   ` T 'L ` ` (d) During breaks in communications, the unmodulated carrier frequency of an  x analog transmission shall be maintained within 35 kHz of the assigned frequency at all times. Adequate means shall be provided to insure compliance with this rule.  'L   'L 39. In Section 74.951, paragraph (b) is revised to read as follows:"#'80*((L&"Ԍ 'L ԙ 'L  74.951 Modification of transmission systems.  'L   'L * * * * *  'L   ` 8 'L ` ` (b) Any change in the antenna system affecting the direction of radiation, directive  xradiation pattern, antenna gain, or radiated power; provided, however, that a licensee may install  xa sectorized antenna system without prior consent if such system does not change polarization  xtor result in an increase in radiated power by more than one dB in any direction, and notice of  xXsuch installation is provided to the Commission and the Commission's copy contractor on FCC  xForm 331 within ten (10) days of installation. When an applicant proposes to employ a  xdirectional antenna, or a licensee notifies the Commission pursuant to this paragraph of the  xinstallation of a sectorized antenna system, the applicant shall provide the Commission with  xxinformation regarding the orientation of the directional antenna(s), expressed in degree of azimuth, with respect to true north, and the make and model of such antenna(s).  'L   'L * * * * *  'L   'L 40. In Section 74.961, paragraph (a) is revised to read as follows:  'L   'L  74.961 Frequency tolerance  'L   Y0 `  'L ` ` (a) Beginning [60 days following publication in the Federal Register ] , equipment  xauthorized to be used at all ITFS main stations, and at all ITFS booster stations authorized  xpursuant to  74.985(b), shall maintain a frequency tolerance of 0.001%. ITFS booster stations  xauthorized pursuant to  74.985(e) and ITFS response stations authorized pursuant to  74.939  xshall employ transmitters with sufficient frequency stability to ensure that the emission is, at all  xtimes, within the required emission mask. A transmitter licensed prior to November 1, 1991 that  xremains at the station site for which it was initially authorized and does not comply with the  xprovisions of this paragraph may continue to be used if it does not cause harmful interference  xto the operations of any other licensee. Any nonconforming transmitter replaced after November 1, 1991 must be replaced by a transmitter meeting the requirements of this paragraph.  'L   'L 41. Section 74.965 is revised to read as follows.  'L   'L  74.965 Posting of station license.  'L   ` $ 'L ` ` (a) The instrument of authorization, a clearly legible photocopy thereof, or the  xname, address and telephone number of the custodian of the instrument of authorization shall be  xavailable at each station, booster station authorized pursuant to  74.985(b) and ITFS response  xstation hub. Each operator of an ITFS booster station shall post at the booster station the name,  xaddress and telephone number of the custodian of the notification filed pursuant to  74.985(e) if such notification is not maintained at the booster station.  'L   ` H 'L ` ` (b) If an ITFS station, an ITFS booster station or an ITFS response station hub"$'90*((L&"  x(is operated unattended, the call sign and name of the licensee shall be displayed such that it may be read within the vicinity of the transmitter enclosure or antenna structure.  'L   'L 42. Section 74.985 is revised to read as follows:  'L   'L  74.985 Signal booster stations.  'L   `  'L ` ` (a) An ITFS booster station may reuse channels to repeat the signals of ITFS  xstations or to originate signals on ITFS channels. The aggregate power flux density generated  x8by an ITFS station and all associated signal booster stations and all simultaneously operating  xcochannel response stations licensed to or applied for by the applicant may not exceed -73  xdBW/m (or the appropriately adjusted value based on the actual bandwidth used if other than  x6 MHz, see  74.903(a)(6)(i)) at or beyond the boundary of the protected service area, as defined  xby  21.902(d) of this chapter, of the main ITFS station whose channels are being reused, as  xmeasured at locations for which there is an unobstructed signal path, unless the consent of the cochannel licensee is obtained.  'L   `  'L ` ` (b) A licensee or conditional licensee may secure a license for a high power signal  xbooster station that has a maximum EIRP in excess of -9 dBW + 10 log(X/6) dBW where X is  xthe channel width in MHz, if it complies with the outofband emission requirements of  21.908.  xThe applicant for a highpower station, or for modification thereto, shall file FCC Form 331 with  xthe Commission in Washington, DC, and certify on that form that the applicant has complied  xwith the additional requirements of paragraph (b) of this section, and that the interference data  xsubmitted under this paragraph is complete and accurate. Failure to certify compliance and to  xcomply completely with the following requirements of paragraph (b) of this section shall result  xin dismissal of the application or revocation of the highpower ITFS signal booster station  xlicense, and may result in imposition of a monetary forfeiture. The applicant additionally is  x,required to submit to the Commission's copy contractor (and to the Commission upon staff  xrequest), both in hard copy, and on sequential 3.5" DSHD computer diskettes in a form to be  xspecified by the Commission by public notice, duplicates of the Form 331 filed with Mellon Bank, and the following information:  'L   l 'L ` `  (1) A demonstration that the proposed signal booster station site is within the  x(protected service area, as defined in  21.902(d) of this chapter, of the main ITFS station whose channels are to be reused; and  'L   l 'L ` `  (2) A demonstration that the booster service area is entirely within the  xLprotected service area of the ITFS station whose channels are being reused, or in the alternative,  xthat the licensee entitled to any cochannel protected service area which is overlapped by the proposed booster service area has consented to such overlap; and  'L   l 'L ` `  (3) A demonstration that the proposed booster service area can be served by the proposed booster without interference; and  'L "#':0*((L&"Ԍ lX 'L ` `  (4) A study which demonstrates that the aggregate power flux density of the  xITFS station and all associated booster stations and simultaneously operating cochannel response  Y0 xstations licensed to or applied for by the applicant does not exceed -73 dBW/m2 (or the  xappropriately adjusted value based on the actual bandwidth used if other than 6 MHz, see   x74.903(a)(6)(i)) at or beyond the boundary of the protected service area of the main ITFS station  xDwhose channels are to be reused, as measured at locations for which there is an unobstructed signal path, unless the consent of affected licensees has been obtained; and  'L    l 'L ` `  (5) In lieu of the requirements of  74.903, a study which demonstrates that  xthe proposed signal booster station will cause no harmful interference (as defined in   x74.903(a)(1) and (2)) to cochannel and adjacent channel, authorized or previously-proposed ITFS  xand MDS stations with protected service area center coordinates as specified in  21.902(d) of  xthis chapter, to any authorized or previouslyproposed response station hubs, booster service  xareas, or I channel stations associated with such ITFS and MDS stations, or to any ITFS receive  x(sites registered as of September 17, 1998, within 160.94 kilometers (100 miles) of the proposed  xXbooster station's transmitter site. Such study shall consider the undesired signal levels generated  xby the proposed signal booster station, the main station, all other licensed or previouslyproposed  xassociated booster stations, and all simultaneously operating cochannel response stations licensed  xto or applied for by the applicant. In the alternative, a statement from the affected MDS or ITFS  xlicensee or conditional licensee stating that it does not object to operation of the highpower ITFS signal booster station may be submitted; and  'L   'L ` `  (6) A description of the booster service area; and  'L    l 'L ` `  (7) A certification that copies of the materials set forth in paragraph (b) of  x@this section have been served upon the licensee or conditional licensee of each station (including  x0each response station hub and booster station) required to be studied pursuant to paragraph (b)(5)  xof this section, and upon any affected holder of a BTA or PSA authorization pursuant to paragraph (b)(4) of this section.  'L   ` d 'L ` ` (c) Applications for highpower ITFS signal booster station licenses shall be  xdeemed minor change applications and, except as provided in  74.911(e), may be filed at any  xtime. Notwithstanding any other provision of part 74, applications for highpower ITFS signal  xbooster station licenses meeting the requirements of paragraph (b) of this section shall cut-off  xapplications that are filed on a subsequent day for facilities that would cause harmful electromagnetic interference to the proposed booster stations.  'L   ` 4 'L ` ` (d) Notwithstanding the provisions of  74.912 and except as provided in   x74.911(e), any petition to deny an application for a highpower ITFS signal booster station  xlicense shall be filed no later than the sixtieth (60th) day after the date of public notice  xannouncing the filing of such application or major amendment thereto. Except as provided in  x 74.911(e), an application for a highpower ITFS signal booster station license that meets the  xrequirements of paragraph (b) of this section shall be granted on the sixtyfirst (61st) day after  xhthe Commission shall have given public notice of the acceptance for filing of it, or of a major"#';0*((d&"  x|amendment to it if such major amendment has been filed, unless prior to such date either a party  xin interest timely files a formal petition to deny or for other relief pursuant to  74.912, or the  xXCommission notifies the applicant that its application will not be granted. Where an application  x(is granted pursuant to the provisions of this paragraph, the conditional licensee or licensee shall  x|maintain a copy of the application at the ITFS booster station until such time as the Commission issues a highpower ITFS signal booster station license.  'L    `  'L  ` ` (e) Eligibility for a license for a low power signal booster station that has a  xmaximum EIRP of -9 dBW +10log(X/6) dBW, where X is the channel width in MHz, shall be  xtrestricted to a licensee or conditional licensee. A lowpower ITFS signal booster station may  x@operate only on one or more ITFS channels that are licensed to the licensee of the ITFS booster  xstation, but may be operated by a third party with a fullyexecuted lease or consent agreement  xwith the ITFS conditional licensee or licensee. An ITFS licensee or conditional licensee may  xinstall and commence operation of a lowpower ITFS signal booster station for the purpose of  x,retransmitting the signals of the ITFS station or for originating signals. Such installation and  xdoperation shall be subject to the condition that for sixty (60) days after installation and  x\commencement of operation, no objection or petition to deny is filed by the licensee of a, or  xapplicant for a previouslyproposed, cochannel or adjacent channel ITFS or MDS station with  x8a transmitter within 8.0 kilometers (5 miles) of the coordinates of the lowpower ITFS signal  xbooster station. An ITFS licensee or conditional licensee seeking to install a lowpower ITFS  x4signal booster station under this rule must, within 48 hours after installation, submit FCC Form  x331 to the Commission in Washington, DC, and submit to the Commission's copy contractor  x(and to the Commission upon staff request), both in hard copy, and on sequential 3.5" DSHD  x|computer diskettes in a format to be specified by public notice, duplicates of the Form 331 filed  x(with the Commission, and the following (which also shall be submitted to the Commission only upon Commission staff request at any time):  'L    'L  ` `  (1) A description of the booster service area; and  'L    l 'L  ` `  (2) A demonstration that the booster service area is entirely within the  xprotected service area of the station whose channels are being reused, or, in the alternative, that  xthe licensee entitled to any protected service area which is overlapped by the proposed booster service area has consented to such overlap; and  'L    l 'L  ` `  (3) A demonstration that the proposed booster service area can be served by the proposed booster without interference; and  'L    'L  ` `  (4) A certification that  'L   p  'L ` `   (i) The maximum power level of the signal booster transmitter does not exceed -9 dBW + 10 log(X/6) dBW, where X is the channel width in MHz; and  'L    p 'L ` `   (ii) Where the booster is operating on channel D4, E1, F1, E2, F2, E3,  xhF3, E4, F4 and/or G1, no registered receiver of an ITFS E or F channel station, constructed"#'<0*((L&"  xprior to May 26, 1983, is located within a 1 mile (1.61 km) radius of the coordinates of the  xdbooster, or in the alternative, that a consent statement has been obtained from the affected ITFS licensee; and  'L   'L ` `   (iii) The applicant has complied with  1.1307 of this chapter; and  'L   p 'L ` `   (iv) Each MDS and/or ITFS station licensee (including the licensees of  xbooster stations and response station hubs) with protected service areas and/or registered  xreceivers within a 8 km (5 mile) radius of the coordinates of the booster has been given notice of its installation; and  'L    p 'L ` `   (v) The signal booster site is within the protected service area of the ITFS station whose channels are to be reused; and  'L   p 'L ` `   (vi) The aggregate power flux density of the ITFS station and all  xassociated booster stations and simultaneously operating cochannel response stations licensed to  Y0 xor applied for by the applicant does not exceed -73 dBW/m2 (or the appropriately adjusted value  xbased on the actual bandwidth used if other than 6 MHz, see  74.903(a)(6)(i)) at or beyond the  xboundary of the protected service area of the main ITFS station whose channels are to be reused,  xDas measured at locations for which there is an unobstructed signal path, unless the consent of affected licensees has been obtained; and  'L   p 'L ` `   (vii) The antenna structure will extend less than 6.10 meters (20 feet)  xabove the ground or natural formation or less than 6.10 meters (20 feet) above an existing manmade structure (other than an antenna structure); and  'L   p 'L ` `   (viii) The ITFS conditional licensee or licensee understands and agrees that  xin the event harmful interference is claimed by the filing of an objection or petition to deny, the  x@conditional licensee or licensee must terminate operation within two (2) hours of notification by  xthe Commission, and must not recommence operation until receipt of written authorization to do so by the Commission.  'L   ` 0 'L ` ` (f) Commencing upon the filing of an application for a highpower ITFS signal  x booster station license and until such time as the application is dismissed or denied or, if the  xapplication is granted, a certification of completion of construction on FCC Form 330A is  xsubmitted, an applicant for any new or modified MDS or ITFS station (including any response  xstation hub, highpower booster station, or I channels station) shall demonstrate compliance with  x\the interference protection requirements set forth in  21.902(i) of this chapter, 21.938(b)(3)  xXof this chapter or 74.903 with respect to any previouslyproposed or authorized booster service  Y#0 xarea both using the transmission parameters of the highpower ITFS signal booster station (e.g.,  xEIRP, polarization(s) and antenna height) and the transmission parameters of the ITFS station  xwhose channels are to be reused by the highpower ITFS signal booster station. Upon the  xsubmission of a certification of completion of construction on FCC Form 330A of an ITFS  x@booster station applied for pursuant to paragraph (b) of this section, or upon the submission of"%'=0*((d&"  xan ITFS booster station notification pursuant to paragraph (e) of this section, the ITFS station  x$whose channels are being reused by the ITFS signal booster shall no longer be entitled to  x(interference protection pursuant to  21.902(i) of this chapter, 21.938(b)(3) of this chapter and  x@74.903 within the booster service area based on the transmission parameters of the ITFS station  xwhose channels are being reused. A booster station shall not be entitled to protection from  xinterference caused by facilities proposed on or prior to the day the application or notification  xfor the booster station is filed. A booster station shall not be required to protect from  x|interference facilities proposed on or after the day the application or notification for the booster station is filed.  'L   `  'L ` ` (g) Where an application is granted under paragraph (d) of this section, if a  xfacility operated pursuant to that grant causes harmful, unauthorized interference to any  x(cochannel or adjacent channel facility, it must promptly remedy the interference or immediately  x cease operations of the interfering facility, regardless of whether any petitions to deny or for  xother relief were filed against the application during the application process. The burden of  xproving that a highpower ITFS signal booster station is not causing harmful, unauthorized  xinterference lies on the licensee of the alleged interfering facility, following the filing of a documented complaint of interference by an affected party.  'L   `  'L ` ` (h) In the event any MDS or ITFS receive site suffers interference due to block  xhdownconverter overload, the licensee of each nonco/adjacent channel signal booster station  xwithin five miles of such receive site shall cooperate in good faith to expeditiously identify the  xsource of the interference. Each licensee of a signal booster station contributing to such  xxinterference shall bear the joint and several obligation to remedy promptly all interference  xresulting from block downconverter overload at any ITFS registered receive site or at any receive  xPsite within an MDS or ITFS protected service area applied for prior to the submission of the  xapplication or notification for the signal booster station, regardless of whether the receive site  xpsuffering the interference was constructed prior to or after the construction of the signal booster  xstation(s) causing the downconverter overload; provided, however, that the licensee of the  xregistered ITFS receive site or the MDS or ITFS protected service area must cooperate fully and  xin good faith with efforts by signal booster station licensees to prevent interference before  xconstructing the signal booster station and/or to remedy interference that may occur. In the event  xXthat more than one signal booster station licensee contributes to block downconverter overload  xinterference at an MDS or ITFS receive site, such licensees shall cooperate in good faith to remedy promptly the interference.  'L   x 'L 50. The alphabetical index to part 74 is amended by adding "ITFS" as the last entry under the  x"Changes of Equipment" heading; removing the "ITFS" entry from under the "Equipment and  xinstallation" heading; removing the "ITFS" entry from under the "Equipment Performance"  xheading; revising the entries under the "ITFS" heading; removing the "ITFS" entry from under  xthe "Remote control operation" heading; revising the "Signal boosters, UHF translator  x(LPTV/TV Translators)" heading to read "Signal boosters", and adding entries under the "Signal  xboosters" heading; removing the "Mutually exclusive applications, selection procedure (ITFS)"  x8heading; revising the "Response stations (ITFS)" heading; and adding in alphabetical order a"#'>0*((L&"  x"Response station hubs (ITFS)" heading and a "Wireless cable usage of ITFS" heading, to read as follows: $ ALPHABETICAL INDEX PART 74   d* * * * *  'L   'L Changes of Equipment  'L   'L * * * * * ` hp x (#` (#` 'L   'L ` ` ITFSp (#74.951 ` (#`` hp x (# 'L   'L * * * * * ITFS ` hp x (#` (#`` ` Application processingp (#74.911 ` ` Application requirements from part 73p (#74.910 ` ` Interferencep (#74.903 ` ` Petition to denyp (#74.912 ` ` Purpose and permissible servicep (#74.931 ` ` Response station hubsp (#74.939 ` ` Response stations (individually licensed)p (#74.949 ` ` Signal booster stationsp (#74.985 ` ` Transmission standardsp (#74.938 ` ` Wireless cable usep (#74.990 ` (#`` hp x (# 'L   'L * * * * * ` hp x (#(# 'L   'L Response station hubs (ITFS)p (#74.939 Response stations (ITFS; individually licensed)p (#74.949 (#` hp x (# 'L    'L  * * * * *  'L!   'L! Signal boosters ` hp x (#` (#`` ` UHF translator (LPTV/TV Translators)p (#74.733 ` ` ITFSp (#74.985 ` (#`` hp x (# 'L"   'L" * * * * * W  d` hp x (#(#Wireless cable usage of ITFSp (#74.990 (#` hp x (# 'L#     'L# * * * * *":&?0*((h%"ԌPART 101 FIXED MICROWAVE SERVICES 51. The authority for part 101 continues to read as follows: Authority: 47 U.S.C. 154.303. 52. Section 101.147 is revised to read as follows:  101.47 Frequency assignments. (a) * * * 2,1502,160 MHz (20) * * * 2,6502,690 * * * * *