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• <br /> • <br /> Performance Standards <br /> In addition to regulating licenses, the FCC establishes performance standards for cellular and PCS <br /> providers. The FCC requires cellular and PCS licensees to provide, within a specified period of <br /> time, a coverage ratio of a minimum quality for either a composite geographic service area or a <br /> percentage of an area's population. <br /> • The FCC establishes operational requirements for ESMR operators. Individual SMR operators are <br /> prevented by the FCC from owning another SMR system within 40 miles of its existing system <br /> • unless that existing system is "fully loaded." A fully loaded system is defined as one which <br /> provides service to 70 mobile users per channel. Therefore, in order to accumulate other SMR <br /> licenses, an ESMR carrier must demonstrate that a certain number of users are using the existing <br /> system on a regular basis. <br /> In 1994, Congress and the FCC determined that all carriers that provide comparable services should <br /> be regulated in the same manner. To achieve this regulatory parity, beginning in August 1996, <br /> cellular, ESMR, and PCS providers will all be regulated by the FCC in the same manner as <br /> common carriers. <br /> Safety Standards <br /> As previously discussed, ANSUIEEE establishes operational safety standards for human exposure • <br /> to radio frequency electromagnetic fields. These ANSI/IEEE standards are considered "consensus <br /> standards," agreed upon by committees comprised of university, industry and government <br /> representatives. The FCC currently requires cellular,ESMR and PCS providers to comply with the <br /> ANSI/IEEE standards for radio frequency electromagnetic fields as a condition of licensure. <br /> Federal Aviation Administration <br /> Under authority granted by the Federal Aviation Act, the Federal Aviation Administration (FAA) <br /> has jurisdiction over the following communication facilities: (1) towers that exceed 200 feet in <br /> height; (2) towers that are located within 20,000 feet of a major commercial or militaryi� <br /> a ;_d <br /> (3) towers that are located within 10,000 feet of a general aviation airport. The FAA reviews the <br /> location and height of such towers and may require them to be painted and/or illuminated to prevent <br /> possible interference with nearby airport operations. The FAA also reviews possible interference <br /> issues with aircraft-to-ground communications that may be caused by transmission facilities located <br /> in or near airport flight paths. Under the requirements of the FAA, wireless communications <br /> providers are responsible for filing a notice with the FAA if their facilities are subject to FAA <br /> review. <br />