WASHINGTON-Licensees of 220 MHz private land mobile radio services finally got the go-ahead from the Federal Communications Commission to relocate their authorized base stations to a previously unauthorized site inside any designated filing area, if need be.
“Licensees who received authority to operate 220 MHz systems have been in limbo for some time, in many cases unable to construct systems because of regulatory uncertainty,” commented Jill Lyon, director of regulatory affairs for the American Mobile Telecommunications Association, whose 220 MHz Council submitted proposals regarding this procedure. “By issuing the report and order, the commission has given the green light to the existing industry and probably increased the value of the remaining spectrum, tentatively scheduled to be auctioned later this year.”
According to the commission’s second report and order adopted Jan. 26, licensees “will be permitted to relocate their base stations up to one-half the distance over 120 kilometers toward any authorized co-channel base station, to a maximum distance of 8 kilometers.” Licensees who want to relocate a base station to less than 120 kilometers from or more than half the distance over 120 kilometers toward that of a co-channel licensee must get that co-channel licensee’s permission.
To facilitate this, the FCC extended the construction deadline from Feb. 2 to March 11 for all non-nationwide 220 MHz licensees who still want to build on an authorized site. For those who plan to modify their application, a statement to that effect must be filed by March 11; the actual application for such a modification is due May 1. Systems must be built by Aug. 15. All licensees risk cancellation of the existing authorization if their systems are not built by the new construction dates.
The commission said it chose designated filing areas to define the 25 kilometer base-station relocation areas because they approximate the areas of the top 50 U.S. markets. Even so, there are certain areas-Los Angeles and Seattle, for example-that exhibit certain characteristics that don’t fit the mold, therefore causing potential trouble for licensees in those areas. The commission plans to “entertain waiver requests” in the two pinpointed trouble spots and others that can be documented with similar terrain setbacks to move base-station sites to higher elevations that could be as far as 25 kilometers away from a licensee’s authorized location.
Licensees who have been operating on special temporary authorities (STA) during consideration of the newly adopted order may continue to operate on those temporary authorities and may apply for permanent authorization of the site. Licensees who applied for a STA and are in the process of building the base station at the site will be afforded the same opportunity.
AMTA’s Lyon said her group would be seeking clarification on certain parts of the STA clause, in particular, if licensees with pending STA requests can receive the same treatment as those whom already are operating on a STA, especially if they have taken delivery of equipment by Jan. 26.
Five groups of 220 MHz applications that were filed on the last acceptance day in 1991 still are pending at the FCC; once their licenses are processed, they will be subject to the new modification rules. According to AMTA, “to avoid making these applications completely ungrantable by modifying other licenses, the commission will require that certain licensed facilities protect a possible co-channel licensee at the five locations.” The order includes a list of coordinates.
