The 70/80/90 GHz bands are licensed on the basis of non-exclusive nationwide licenses. There is no limit to the number of non-exclusive nationwide licenses that may be granted for these bands, and these licenses will serve as a prerequisite for registering individual point-to-point links. In the 71-76 GHz and 81-86 GHz bands, nationwide non-exclusive licenses also serve as a blanket license for air-to-air and ship-to-ship operations, and as a prerequisite to register ground-to-air (GTA) stations and to operate associated GTA and air-to-ground (ATG) transmissions; and as a prerequisite to register shore stations and aerostat relay stations and to operate associated ship-to-shore, shore-to-ship, shore-to-aerostat, aerostat-to-ship, and aerostat-to-shore transmissions.

(a) An entity may request any portion of the 71-76 GHz and 81-86 GHz bands, up to 5 gigahertz in each segment for a total of 10 gigahertz. Licensees are also permitted to register smaller segments.

(b) The 92-95 GHz band is divided into three segments: 92.0-94.0 GHz and 94.1-95.0 GHz for non-government and government users, and 94.0-94.1 GHz for Federal Government use. Pairing is allowed and segments may be aggregated without limit. The bands in paragraph (a) of this section can be included for a possible 12.9 gigahertz maximum aggregation. Licensees are also permitted to register smaller segments than provided here.

Licensees may use the 70 GHz, 80 GHz, and 90 GHz bands for any point-to-point, non-broadcast service. Licensees may use the 70 GHz and 80 GHz bands for aeronautical and maritime service as set forth in § 101.1528. The segments may be unpaired or paired, but pairing will be permitted only in a standardized manner (e.g., 71-72.25 GHz may be paired only with 81-82.25 GHz, and so on). The segments may be aggregated without limit.

(a) Licensees are permitted to provide services on a non-common carrier and/or on a common carrier basis.

(b) Licensees are subject to the requirements set forth in § 101.7.

(c) Any entity, other than one precluded by § 101.7, is eligible for authorization to provide service under this part. Authorization will be granted upon proper application filing and link coordination in accordance with the Commission's rules.

The license term is ten years, beginning on the date of the initial authorization (nationwide license) grant. Registering links will not change the overall renewal period of the license.

(a) Registration of each link in the 71-76 GHz, 81-86 GHz, and 92-95 GHz bands will be in the Universal Licensing System until the Wireless Telecommunications Bureau announces by public notice the implementation of a third-party database.

(b) The licensee or applicant shall:

(1) Complete coordination with Federal Government links according to the coordination standards and procedures adopted in Report and Order, FCC 03-248, and as further detailed in subsequent implementation public notices issued consistent with that order;

(2) Provide an electronic copy of an interference analysis to the third-party database manager which demonstrates that the potential for harmful interference to or from all previously registered non-government links has been analyzed according to the standards of section 101.105 and generally accepted good engineering practice, and that the proposed non-government link will neither cause harmful interference to, nor receive harmful interference from, any previously registered non-government link; and

(3) Provide upon request any information related to the interference analysis and the corresponding link. The third-party database managers shall receive and retain the interference analyses electronically and make them available to the public. Protection of individual links against harmful interference from other links shall be granted to first-in-time registered links. Successful completion of coordination via the NTIA automated mechanism shall constitute successful non-Federal Government to Federal Government coordination for that individual link.

(c) In addition, the following types of non-Federal Government links require the filing with the Commission an FCC Form 601 for each link for the purpose of coordination and registration, in addition to registering each link in the third-party database:

(1) Facilities requiring the submission of an Environmental Assessment,

(2) Facilities requiring international coordination, and

(3) Operation in quiet zones.

(d) The Commission believes the licensee is in the best position to determine the nature of its operations and whether those operations impact these settings, and is required to submit to a database manager, as part of the registration package, documentation that an FCC Form 601 has been filed.

Licensees in the 70-80-90 GHz bands are subject to the exposure requirements found in §§ 1.1307(b), 2.1091 and 2.1093 of this chapter, and will use the parameters found therein.

(a) A licensee of bands 71.0-76.0, 81.0-86.0, 92-94 GHz and 94.1-95 GHz must comply with § 1.928(f) of this chapter, which pertains to coordination with Canada.

(b) A licensee of bands 71.0-76.0, 81.0-86.0, 92-94 GHz and 94.1-95 GHz must coordinate with Mexico in the following situations:

(1) For a station the antenna of which looks within the 200 deg. sector toward the Mexico-United States borders, that area in each country within 35 miles of the borders; and

(2) For a station the antenna of which looks within the 160 deg. sector away from the Canada-United States borders, that area in each country within 5 miles of the borders.

(a) Requirements for aeronautical ground stations and endpoints in motion. (1) Air-to-ground transmissions are permitted only in the 71-76 GHz band.

(2) Ground-to-air transmissions are permitted only in the 81-86 GHz band.

(3) Air-to-air transmissions are permitted only between aircraft that are separated by a minimum slant path distance of 50 km.

(4) Transmissions are only permitted to and from aircraft at altitudes between 10,000 ft and 50,000 ft.

(5) Ground stations must operate with a minimum elevation angle of 5 degrees and a maximum elevation angle of 45 degrees.

(6) Ground stations must be located at least 10 km from any existing Non-Federal FSS earth station or Federal facility listed in table 4 to paragraph (c)(2) of this section, absent a coordination agreement with the FSS operator.

(7) Ground stations must be located at least 150 km from the specific Federal facilities and not within the areas listed in table 3 to paragraph (c)(1) of this section, absent a coordination agreement with the Federal operator.

(8) Ground stations must be located at least 10 km from any existing Federal or non-Federal fixed station receiver, absent a coordination agreement with the fixed station operator.

(9) Air-to-air transmissions are permitted in 81-86 GHz subject to the following limitations;

(i) EIRP signal levels radiated along a line between the airborne transmitter and the latitude and longitude of the observatories in table 3 to paragraph (c)(1) of this section, which must be maintained as the airborne transmitter moves, cannot exceed the levels shown in table 1 to this paragraph (a)(9)(i). Within the range of 150 km and 375 km, the maximum allowable EIRP levels for horizontal distances not listed in table below may be approximated by linear interpolation.

(ii) A licensee of aeronautical end points in motion must have a capability to target specific areas which can be added to a “block list” as part of a dynamic link management system. If air-to-air transmission within the main beam of the radio astronomy receiver cannot be avoided, air-to-air transmissions within the radio horizon of the radio astronomy site (as specified in table 2 to this paragraph (a)(9)(ii)) should not occur.

(iii) The list of radio astronomy sites may be periodically updated by the NTIA and the FCC. This rule may be superseded by a coordination agreement between the licensee and NSF, in which case the coordination agreement will specify the technical restrictions.

(10) Air-to-air transmissions in the 71-76 GHz band are subject to the following restrictions:

(i) EIRP signal levels shall be limited to 20 dBW/1000 MHz towards each military installation listed in table 4 to paragraph (c)(2) that is within 375 km of the airborne transmitter. This 20 dBW/1000 MHz EIRP applies to the power radiated along a line between the airborne transmitter and the latitude and longitude of the military installations in table 4 to paragraph (c)(2) of this section and must be maintained as the airborne transmitter moves. An EIRP of 57 dBW/1000 MHz is allowed in other directions. The list of military installations in table 4 to paragraph (c)(2)of this section may be periodically updated by the NTIA and the FCC. This rule may be superseded by a coordination agreement between the licensee and the Department of Defense (DoD), in which case the coordination agreement will specify the technical restrictions and allow the licensee and DoD to update the list of protected installations in the agreement. The locations of all aeronautical end-point-in-motion ground stations will be provided to NTIA and DoD as part of the coordination process.

(ii) A licensee of aeronautical end points in motion must have a capability to target specific areas which can be added to a “block list” as part of a dynamic link management system. If air-to-air transmission within the main beam of the radio astronomy receivers associated with the observatories in table 3 to paragraph (c)(1) of this section cannot be avoided, air-to-air transmissions within the radio horizon of the radio astronomy site (as specified in table 2 to paragraph (a)(9)(ii) of this section) should not occur.

(iii) The list of radio astronomy sites may be periodically updated by the NTIA and the FCC. This rule may be superseded by a coordination agreement between the licensee and NSF, in which case the coordination agreement will specify the technical restrictions.

(b) Requirements for maritime shore stations, aerostats, and endpoints in motion. (1) Ship-to-shore transmissions are only permitted in the 81-86 GHz band.

(2) Shore-to-ship transmissions are only permitted in the 71-76 GHz band.

(3) Shore-to-aerostat transmissions are only permitted in the 71-76 GHz band.

(4) Aerostat-to-ship transmissions are only permitted in the 71-76GHz band.

(5) Aerostat-to-shore transmissions are only permitted in the 81-86GHz band.

(6) Aerostat must not operate above an altitude limit of 1000 ft.

(7) Ship-to-ship communications are limited to ships located more than 30 km offshore, or closer only where the main beam of the transmit antenna is oriented at least 15 degrees away from any point on the shore.

(8) Ship stations and aerostat stations must only operate when there is a minimum separation of 150 km to the specific Federal facilities and not within the areas listed in table 3 to paragraph (c)(1) of this section, absent a coordination agreement with the Federal operator.

(9) Shore-to-ship and ship-to-shore transmission must only occur between stations that are located at least 10 km from the Federal military installations listed in table 4 to paragraph (c)(2) of this section, absent a coordination agreement with the Federal operator.

(c) Protected Federal sites. (1) RAS and VLBA sites:

(2) Military installations: