Goto Section: 90.527 | 90.531 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 90.529 State License.
(a) Narrowband channels designated as state channels in § 90.531 are
licensed to each state (as defined in § 90.7) as follows:
(1) Each state that chooses to take advantage of the spectrum
designated as state channels must file an application for up to 2.4
megahertz of this spectrum no later than December 31, 2001. For
purposes of this section, the elected chief executive (Governor) of
each state, or his or her designee, shall be deemed the person
authorized to apply for the State License.
(2) What ever part of this 2.4 megahertz that a state has not applied
for by December 31, 2001, will revert to General Use and be
administered by the relevant RPC (or RPCs in the instances of states
that encompass multiple RPCs).
(b) Each state license will be granted subject to the condition that
the state certifies on or before each applicable benchmark date that it
(1) Providing or prepared to provide “substantial service” to one-third
of their population or territory by June 13, 2014, i.e., within five
years of the date that incumbent broadcasters are required to relocate
to other portions of the spectrum;
(2) Providing or prepared to provide “substantial service” to
two-thirds of their population or territory by June 13, 2019, i.e.,
within ten years of the date that incumbent broadcasters are required
to relocate to other portions of the spectrum.
(c) The Commission will deem a state “prepared to provide substantial
service” if the licensee certifies that a radio system has been
approved and funded for implementation by the deadline date.
“Substantial service” refers to the construction and operation of 700
MHz facilities by public safety entities providing service which is
sound, favorable , and substantially above a level of mediocre service
which just might minimally warrant renewal.
(d) If a state licensee fails to meet any condition of the grant the
state license is modified automatically to the frequencies and
geographic areas where the state certifies that it is providing
(e) Any recovered state license spectrum will revert to General Use.
However, spectrum licensed to a state under a state license remains
unavailable for reassignment to other applicants until the Commission's
database reflects the parameters of the modified state license.
[ 65 FR 66654 , Nov. 7, 2000, as amended at 79 FR 20106 , Apr. 11, 2014]
Goto Section: 90.527 | 90.531
Goto Year: 2020 |
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