Section 90.1207 - [Effective 12/20/2024] Licensing(a) A 4940-4990 MHz band license held by an entity eligible under § 90.1203(a) gives the licensee authority to operate on any authorized channel in this band within its licensed area of operation. See § 90.1213 . A 4940-4990 MHz band license will be issued for the geographic area encompassing the legal jurisdiction of the licensee or, in case of a nongovernmental organization, the legal jurisdiction of the State or local governmental entity supporting the nongovernmental organization.(b) Subject to § 90.1209 , a 4940-4990 MHz band license held by an entity eligible under § 90.1203(a) gives the licensee authority to construct and operate any number of base stations anywhere within the area authorized by the license, except as follows: (1) A station is required to be individually licensed if:(i) International agreements require coordination;(ii) Submission of an environmental assessment is required under § 1.1307 of this chapter; or(iii) The station would affect areas identified in § 1.924 of this chapter.(2) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under § 17.4 of this chapter.(c) A 4940-4990 MHz band license held by an entity eligible under § 90.1203(a) gives the licensee authority to operate base and mobile units (including portable and handheld units) and operate temporary (1 year or less) fixed stations anywhere within the area authorized by the license. Such licensees may operate base and mobile units and/or temporary fixed stations outside their authorized area to assist public safety operations with the permission of the jurisdiction in which the radio station is to be operated. Base and temporary fixed stations are subject to the requirements of paragraph (b) of this section.(d) Permanent fixed point-to-point and point-to-multipoint stations in the 4940-4990 MHz band must be licensed individually on a site-by-site basis. Such fixed stations are accorded primary status. Permanent fixed point-to-point and point-to-multipoint stations must use directional antennas with gains greater than 9 dBi.(e) Applications for license in the 4940-4990 MHz band by an entity eligible under § 90.1203(a) must include the following technical information. (1) The license for base/mobile, mobile-only or temporary fixed (1 year or less) stations will specify, among other parameters, the following technical information: (ii) Antenna height-to-tip (base and temporary fixed).(iii) Antenna height above average terrain (base).(iv) Center frequency, emission designator, and ERP.(v) Number of units (mobile and temporary fixed).(vi) Area of operation (mobile and temporary fixed), which shall be limited to the geographic area encompassing the legal jurisdiction of the licensee or, in case of a nongovernmental organization, the legal jurisdiction of the state or local governmental entity supporting the nongovernmental organization. However, applicants may define their areas of operation outside of their areas of legal jurisdiction to assist public safety operations with the permission of the jurisdiction(s) in which the mobile and/or temporary fixed stations are to be operated.(2) The license for permanent fixed point-to-point, point-to-multipoint and fixed receiver stations must include, among other parameters, the following technical information:(i) Transmitting station coordinates.(ii) Frequencies and polarizations.(iii) For the transmitting equipment, the tolerance, effective isotropic radiated power, emission designator, and type of modulation (digital).(iv) For the transmitting antenna(s), the model, gain, antenna center line height(s) above ground level and ground elevation above mean sea level.(v) Receiving station coordinates.(vi) For the receiving antenna(s), the model, gain, antenna center line height(s) above ground level and ground elevation above mean sea level.(vii) Path azimuth and distance.(f) Licensees holding active authorizations for the 4940-4990 MHz band on March 30, 2023 shall file the complete site-by-site information described in paragraph (e) of this section for their existing radio systems in the Commission's Universal Licensing System by the compliance date specified in paragraph (g) of this section.(g) Paragraphs (e) and (f) of this section may contain information collection and/or recordkeeping requirements. Compliance with paragraphs (e) and (f) will not be required until this paragraph (g) is removed or contains a compliance date, which will not occur until the date specified in a final rule published by the FCC announcing that the Office of Management and Budget has completed review of any information collection requirements associated with paragraphs (e) and (f) of this section or that they have determined such review is not required, which date shall be no earlier than February 28, 2024.(h) The 4.9 GHz Band Manager is eligible under § 90.1203(c) to hold a nationwide overlay license for the 4940-4990 MHz band, subject to the exclusion of licensed geographic areas and frequencies held by an incumbent entity eligible under § 90.1203(a) . The 4.9 GHz Band Manager:(1) Shall not be eligible to independently operate stations in the 4940-4990 MHz band;(2) Consistent with §§ 90.1217(a), (d) and 2.103(b) of this chapter, may allow the First Responder Network Authority, pursuant to a sharing agreement, to construct and operate stations at any geographic site within the Band Manager's licensed area and on any channel for which the Band Manager is licensed, subject to the exclusions in this paragraph (h) and provided such stations do not cause harmful interference to incumbent licensees and otherwise comply with Commission rules and coordination requirements;(3) Shall certify to the Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau prior to entering into any sharing agreement with the First Responder Network Authority that such agreement meets the requirements of § 2.103(b) of this chapter and this paragraph (h);(4) Shall certify to the Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau when stations have been placed in operation pursuant to § 90.1209(e) ; and(5) shall ensure that stations operating pursuant to a sharing agreement in this subpart comply with the relevant technical and licensing rules governing operations in the 4940-4990 MHz band in §§ 90.1205 , 90.1209(b) through (c), (e) , 90.1213 , and 90.1215 . 68 FR 38639 , June 30, 2003, as amended at 69 FR 17959 , Apr. 6, 2004; 74 FR 23803 , May 21, 2009; 88 FR 12571 , Feb. 28, 2023 88 FR 12571 , 3/30/2023; 89 FR 91585 , 12/20/2024