Sec.  74.939  ITFS response stations.

    (a) An ITFS response station is authorized to provide communication 
by voice, video and/or data signals with its associated ITFS response 
station hub or associated ITFS station. An ITFS response station may be 
operated only by the licensee of the ITFS station, by any person or 
entity authorized by the ITFS licensee to receive point-to-multipoint 
transmissions over its channels, by any lessee of excess capacity, or by 
a subscriber of any lessee of excess capacity. The authorized channel 
may be divided to provide distinct subchannels for each of more than one 
response station, provided that digital modulation is employed and the 
aggregate power does not exceed the authorized power for the channel. An 
ITFS response station may also, jointly with other licensees, transmit 
utilizing bandwidth in excess of that authorized to the station, 
provided that digital modulation is employed, all power spectral density 
requirements set forth in this part are met, and the out-of-band 
emission restrictions set forth in Sec.  74.936 or paragraph (k) of this 
section are complied with.
    (b) ITFS response stations that utilize the 2150-2162 MHz band 
pursuant to Sec.  74.902(f), the 2500-2686 MHz band, and/or the 125 kHz 
channels identified in paragraph (j) of this section may be installed 
and operated without an individual license, to communicate with a 
response station hub, provided that the conditions set forth in 
paragraph (g) of this section are met and that ITFS response stations' 
technical parameters are consistent with all applicable rules in this 
part and with the terms and conditions set out in the Commission's 
Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996).
    (c) An applicant for a response station hub license, or for 
modification thereto, shall:
    (1) File FCC Form 331 with the Commission in Washington, DC, and 
certify on that form that it has complied with the requirements of 
paragraphs (c)(2) and (d) of this section and that the interference data 
submitted under paragraph (d) of this section is complete and accurate. 
Failure to certify compliance and to comply completely with the 
requirements of paragraphs (c)(2) and (d) of this section shall result 
in

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dismissal of the application or revocation of the response station hub 
license, and may result in imposition of a monetary forfeiture; and
    (2) Submit the following (see Sec.  21.902(m) for permissible 
formats and media) to the Commission's Reference Room:
    (i) The data files required by Appendix D (as amended) to the Report 
and Order in MM Docket 97-217, FCC 98-231, ``Methods For Predicting 
Interference From Response Station Transmitters And To Response Station 
Hubs And For Supplying Data on Response Station Systems''; and
    (ii) The demonstrations and certifications required by paragraph (d) 
of this section.
    (d) An applicant for a response station hub license shall prepare 
the following:
    (1) A demonstration describing the system channel plan, to the 
extent that such information is not contained in the data file required 
in (c)(2)(i) of this section; and
    (2) A demonstration that:
    (i) The proposed response station hub is within the protected 
service area, as defined in Sec.  21.902(d)(1) of this chapter, of the 
ITFS station(s) whose channels will be used for communications to the 
response station hub or, in the case of an application for response 
stations to utilize one or more of the 125 kHz response channels, the 
response station hub is within the protected service area of the station 
authorized to utilize the associated channel(s); and
    (ii) The entire proposed response service area is within the 
protected service area of the ITFS station(s) whose channels will be 
used for communications to the response station hub or, in the 
alternative, the applicant may demonstrate that the licensee of any 
cochannel protected service area which is overlapped by the proposed 
response service area has consented to such overlap. In the case of an 
application for response stations to utilize one or more of the 125 kHz 
response channels, such demonstration shall establish that the response 
service area is entirely within the protected service area of the 
station authorized to utilize the associated channel(s), or, in the 
alternative, that the licensee entitled to any cochannel protected 
service area which is overlapped by the proposed response service area 
has consented to such overlap; and
    (iii) The combined signals of all simultaneously operating ITFS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs and all 
cochannel ITFS stations and booster stations licensed to or applied for 
by the applicant will not generate a power flux density in excess of -73 
dBW/m\2\ (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec.  74.903(a)(6)(i)) outside 
the boundaries of the applicant's protected service area, as measured at 
locations for which there is an unobstructed signal path, except to the 
extent that consent of affected licensees has been obtained or consents 
have been granted pursuant to paragraph (d)(3)(ii) of this section to an 
extension of the response service area beyond the boundaries of the 
protected service area; and
    (iv) The combined signals of all simultaneously operating ITFS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel ITFS stations and booster stations licensed to or applied for 
by the applicant, will result in a desired to undesired signal ratio of 
at least 45 dB (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec.  74.903(a)(6)(ii)):
    (A) Within the protected service area of any authorized or 
previously-proposed cochannel MDS or ITFS station with a 56.33 km (35 
mile) protected service area with center coordinates located within 
160.94 km (100 miles) of the proposed response station hub; and
    (B) Within the booster service area of any cochannel booster station 
entitled to such protection pursuant to Sec. Sec.  21.913(f) of this 
chapter or 74.985(f) and located within 160.94 km (100 miles) of the 
proposed response station hub; and
    (C) At any registered receive site of any authorized or previously-
proposed cochannel ITFS station or booster station located within 160.94 
km (100 miles) of the proposed response station

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hub, or, in the alternative, that the licensee or applicant for such 
cochannel station or hub consents to the application; and
    (v) The combined signals of all simultaneously operating ITFS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel ITFS stations and booster stations licensed to or applied for 
by the applicant, will result in a desired to undesired signal ratio of 
at least 0 dB (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec.  74.903(a)(6)(iii)):
    (A) Within the protected service area of any authorized or 
previously-proposed adjacent channel MDS or ITFS station with a 56.33 km 
(35 mile) protected service area with center coordinates located within 
160.94 km (100 miles) of the proposed response station hub; and
    (B) Within the booster service area of any adjacent channel booster 
station entitled to such protection pursuant to Sec. Sec.  21.913(f) of 
this chapter or 74.985(f) and located within 160.94 km (100 miles) of 
the proposed response station hub; and
    (C) At any registered receive site of any authorized or previously-
proposed adjacent channel ITFS station or booster station located within 
160.94 km (100 miles) of the proposed response station hub, or, in the 
alternative, that the licensee of or applicant for such adjacent channel 
station or hub consents to such application; and
    (vi) The combined signals of all simultaneously operating ITFS 
response stations within all response service areas and oriented to 
transmit toward their respective response station hub and all cochannel 
ITFS stations and booster stations licensed to or applied for by the 
applicant will comply with the requirements of Sec. Sec.  21.909(i) of 
this chapter and paragraph (i) of this section.
    (3) [Reserved]
    (4) A certification that the application has been served upon
    (i) The holder of any cochannel or adjacent channel authorization 
with a protected service area which is overlapped by the proposed 
response service area;
    (ii) The holder of any cochannel or adjacent channel authorization 
with a protected service area that adjoins the applicant's protected 
service area;
    (iii) The holder of a cochannel or adjacent channel authorization 
for any BTA 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
    (iv) Every licensee of, or applicant for, any cochannel or adjacent 
channel, authorized or previously-proposed, incumbent MDS station with a 
56.33 km (35 mile) protected service area with center coordinates 
located within 160.94 km (100 miles) of the proposed response station 
hub; and
    (v) Every licensee of, or applicant for, any cochannel or adjacent 
channel, authorized or previously-proposed ITFS station (including any 
booster station or response station hub) located within 160.94 km (100 
miles) of the proposed response station hub.
    (e) Applications for response station hub licenses shall be deemed 
minor change applications and, except as provided in Sec.  74.911(e), 
may be filed at any time. Notwithstanding any other provision of part 
74, applications for response station hub licenses meeting the 
requirements of paragraph (c) of this section shall cut-off applications 
that are filed on a subsequent day for facilities that would cause 
harmful electromagnetic interference to the proposed response station 
hubs. A response station hub shall not be entitled to protection from 
interference caused by facilities proposed on or prior to the day the 
application for the response station hub license is filed. Response 
stations shall not be required to protect from interference facilities 
proposed on or after the day the application for the response station 
hub license is filed.
    (f) Notwithstanding the provisions of Sec.  74.912 and except as 
provided by Sec.  74.911(e), any petition to deny an application for a 
response station hub license shall be filed no later than the sixtieth 
(60th) day after the date of public notice announcing the filing of such 
application or major amendment thereto. Except as provided in

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