Site Feedback

Title 47

Displaying title 47, up to date as of 9/16/2021. Title 47 was last amended 9/14/2021.

Title 47

eCFR Content

The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. It is not an official legal edition of the CFR.

Learn more about the eCFR, its status, and the editorial process.

Subpart S - Regulations Governing Licensing and Use of Frequencies in the 806-824, 851-869, 896-901, and 935-940 MHz Bands
§ 90.601 Scope.

This subpart sets out the regulations governing the licensing and operations of all systems operating in the 806-824/851-869 MHz and the narrowband operations in the 896-901/935-940 MHz bands. It includes eligibility requirements, and operational and technical standards for stations licensed in these bands. It also supplements the rules regarding application procedures contained in part 1, subpart F of this chapter. The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing and operation in these frequency bands.

[85 FR 43139, July 15, 2020]

Application for Authorizations
§ 90.603 Eligibility.

Except as specified in § 90.616, the following persons are eligible for licensing in the 806-824 MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz bands.

(a) Any person eligible for licensing under subparts B, C, D, or E of this part.

(b) Any person proposing to provide communications service to any person eligible for licensing under subparts B or C of this part on a not-for-profit, cost-shared basis.

(c) Any person eligible under this part and proposing to provide on a commercial basis base station an ancillary facilities as a Specialized Mobile Radio Service System operator, for the use of individuals, federal government agencies and persons eligible for licensing under subparts B or C of this part.

[47 FR 41032, Sept. 16, 1982, as amended at 53 FR 1025, Jan. 15, 1988; 60 FR 15495, Mar. 24, 1995; 62 FR 18934, Apr. 17, 1997; 85 FR 43139, July 15, 2020]

§ 90.605 Forms to be used.

Applications for conventional and trunked radio facilities must be prepared on FCC Form 601 and must be submitted or filed in accordance with § 90.127 and part 1, subpart F of this chapter.

[63 FR 68967, Dec. 14, 1998]

§ 90.607 Supplemental information to be furnished by applicants for facilities under this subpart.

(a) Except for applicants for SMR licenses, all applicants for conventional radio systems must:

(1) List all radio systems licensed to them or proposed by them within 64 km (40 mi.) from the location of the base station transmitter site of the facility for which they have applied.

(2) Specify the number of mobile units to be placed in operation upon grant of the authorization and the number of such units that will be placed in operation within 8 months of the date of grant.

(b) Except for applicants for SMR licenses, all applicants for trunked systems must:

(1) List all radio systems licensed to them within 64 km (40 mi.) from the location of the base station transmitter site of the facility for which they have applied;

(2) Specify the number of vehicular and portable mobile units and control stations to be placed in operation within the term of the license.

(c) [Reserved]

(d) All applicants for frequencies governed by this subpart are subject to the frequency coordination requirements of § 90.175(b) except applicants requesting frequencies for EA-based SMR operations in the 806-824 MHz/851-869 MHz band or 896-901 MHz/935-940 MHz band.

[47 FR 41032, Sept. 16, 1982, as amended at 49 FR 36377, Sept. 17, 1984; 51 FR 14999, Apr. 22, 1986; 59 FR 59966, Nov. 21, 1994; 63 FR 68967, Dec. 14, 1998; 69 FR 67838, Nov. 22, 2004; 70 FR 61061, Oct. 20, 2005]

§ 90.609 Special limitations on amendment of applications for assignment or transfer of authorizations for radio systems above 800 MHz.

(a) [Reserved]

(b) A license to operate a conventional or trunked radio system may not be assigned or transferred prior to the completion of construction of the facility. However, the Commission may give its consent to the assignment or transfer of control of such a license prior to the completion of construction where:

(1) The assignment or transfer does not involve a substantial change in ownership or control of the authorized radio facilities; or,

(2) The assignment or transfer is involuntary due to the licensee's insolvency, bankruptcy, incapacity, or death.

(c) Licensees of constructed systems in any category are permitted to make partial assignments of an authorized grant to an applicant proposing to create a new system or to an existing licensee that has loaded its system to 70 mobiles per channel and is expanding that system. An applicant authorized to expand an existing system or to create a new system with frequencies from any category obtained through partial assignment will receive the assignor's existing license expiration date and loading deadline for the frequencies that are assigned. A licensee that makes a partial assignment of a station's frequencies will not be authorized to obtain additional frequencies for that station for a period of one year from the date of the partial assignment.

(d) A constructed system originally licensed in the General Category that is authorized to operate in the conventional mode may be combined with an existing SMR system above 800 MHz authorized to operate in the trunked mode by assignment of an authorized grant of the General Category station to the SMR station.

[47 FR 41032, Sept. 16, 1982, as amended at 55 FR 28029, July 9, 1990; 58 FR 44962, Aug. 25, 1993; 61 FR 6155, Feb. 16, 1996; 63 FR 68967, Dec. 14, 1998; 69 FR 67838, Nov. 22, 2004]

Policies Governing the Processing of Applications and the Selection and Assignment of Frequencies for Use in the 806-824 MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz Bands
§ 90.613 Frequencies available.

The following table indicates the channel designations of frequencies available for assignment to eligible applicants under this subpart. Frequencies shall be assigned in pairs, with mobile and control station transmitting frequencies taken from the 806-824 MHz band with corresponding base station frequencies being 45 MHz higher and taken from the 851-869 MHz band, or with mobile and control station frequencies taken from the 896-901 MHz band with corresponding base station frequencies being 39 MHz higher and taken from the 935-940 MHz band. For operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands (Channels 120-360), no new applications will be accepted in a transitioned market for a narrowband system under part 90, subpart S of this chapter. Only the base station transmitting frequency of each pair is listed in the following table.

Table of 806-824/851-869 MHz Channel Designations

Channel No. Base
frequency
(MHz)
1 851.0125
2 .0375
3 .0500
4 .0625
5 .0750
6 .0875
7 .1000
8 .1125
9 .1250
10 .1375
11 .1500
12 .1625
13 .1750
14 .1875
15 .2000
16 .2125
17 .2250
18 .2375
19 .2500
20 .2625
21 .2750
22 .2875
23 .3000
24 .3125
25 .3250
26 .3375
27 .3500
28 .3625
29 .3750
30 .3875
31 .4000
32 .4125
33 .4250
34 .4375
35 .4500
36 .4625
37 .4750
38 .4875
39 .5125
40 .5375
41 .5500
42 .5625
43 .5750
44 .5875
45 .6000
46 .6125
47 .6250
48 .6375
49 .6500
50 .6625
51 .6750
52 .6875
53 .7000
54 .7125
55 .7250
56 .7375
57 .7500
58 .7625
59 .7750
60 .7875
61 .8000
62 .8125
63 .8250
64 .8375
65 .8500
66 .8625
67 .8750
68 .8875
69 .9000
70 .9125
71 .9250
72 .9375
73 .9500
74 .9625
75 .9750
76 .9875
77 852.0125
78 .0375
79 .0500
80 .0625
81 .0750
82 .0875
83 .1000
84 .1125
85 .1250
86 .1375
87 .1500
88 .1625
89 .1750
90 .1875
91 .2000
92 .2125
93 .2250
94 .2375
95 .2500
96 .2625
97 .2750
98 .2875
99 .3000
100 .3125
101 .3250
102 .3375
103 .3500
104 .3625
105 .3750
106 .3875
107 .4000
108 .4125
109 .4250
110 .4375
111 .4500
112 .4625
113 .4750
114 .4875
115 .5125
116 .5375
117 .5500
118 .5625
119 .5750
120 .5875
121 .6000
122 .6125
123 .6250
124 .6375
125 .6500
126 .6625
127 .6750
128 .6875
129 .7000
130 .7125
131 .7250
132 .7375
133 .7500
134 .7625
135 .7750
136 .7875
137 .8000
138 .8125
139 .7375
140 .8375
141 .8500
142 .8625
143 .8750
144 .8875
145 .9000
146 .9125
147 .9250
148 .9375
149 .9500
150 .9625
151 .9750
152 .9875
153 853.0125
154 .0375
155 .0500
156 .0625
157 .0750
158 .0875
159 .1000
160 .1125
161 .1250
162 .1375
163 .1500
164 .1625
165 .1750
166 .1875
167 .2000
168 .2125
169 .2250
170 .2375
171 .2500
172 .2625
173 .2750
174 .2875
175 .3000
176 .3125
177 .3250
178 .3375
179 .3500
180 .3625
181 .3750
182 .3875
183 .4000
184 .4125
185 .4250
186 .4375
187 .4500
188 .4625
189 .4750
190 .4875
191 .5000
192 .5125
193 .5250
194 .5375
195 .5500
196 .5625
197 .5750
198 .5875
199 .6000
200 .6125
201 .6250
202 .6375
203 .6500
204 .6625
205 .6750
206 .6875
207 .7000
208 .7125
209 .7250
210 .7375
211 .7500
212 .7625
213 .7750
214 .7875
215 .8000
216 .8125
217 .8250
218 .8375
219 .8500
220 .8625
221 .8750
222 .8875
223 .9000
224 .9125
225 .9250
226 .9375
227 .9500
228 .9625
229 .9750
230 .9875
231 854.0125
231a .0250
232 .0375
232a .0500
233 .0625
233a .0750
234 .0875
234a .1000
235 .1125
235a .1250
236 .1375
236a .1500
237 .1625
237a .1750
238 .1875
238a .2000
239 .2125
239a .2250
240 .2375
240a .2500
241 .2625
241a .2750
242 .2875
242a .3000
243 .3125
243a .3250
244 .3375
244a .3500
245 .3625
245a .3750
246 .3875
246a .4000
247 .4125
247a .4250
248 .4375
248a .4500
249 .4625
249a .4750
250 .4875
250a .5000
251 .5125
251a .5250
252 .5375
252a .5500
253 .5625
253a .5750
254 .5875
254a .6000
255 .6125
255a .6250
256 .6375
256a .6500
257 .6625
257a .6750
258 .6875
258a .7000
259 .7125
259a .7250
260 .7375
260a .7500
261 .7625
261a .7750
262 .7875
262a .8000
263 .8125
263a .8250
264 .8375
264a .8500
265 .8625
265a .8750
266 .8875
266a .9000
267 .9125
267a .9250
268 .9375
268a .9500
269 .9625
269a .9750
270 .9875
270a 855.0000
271 .0125
271a .0250
272 .0375
272a .0500
273 .0625
273a .0750
274 .0875
274a .1000
275 .1125
275a .1250
276 .1375
276a .1500
277 .1625
277a .1750
278 .1875
278a .2000
279 .2125
279a .2250
280 .2375
280a .2500
281 .2625
281a .2750
282 .2875
282a .3000
283 .3125
283a .3250
284 .3375
284a .3500
285 .3625
285a .3750
286 .3875
286a .4000
287 .4125
287a .4250
288 .4375
288a .4500
289 .4625
289a .4750
290 .4875
290a .5000
291 .5125
291a .5250
292 .5375
292a .5500
293 .5625
293a .5750
294 .5875
294a .6000
295 .6125
295a .6250
296 .6375
296a .6500
297 .6625
297a .6750
298 .6875
298a .7000
299 .7125
299a .7250
300 .7375
300a .7500
301 .7625
301a .7750
302 .7875
302a .8000
303 .8125
303a .8250
304 .8375
304a .8500
305 .8625
305a .8750
306 .8875
306a .9000
307 .9125
307a .9250
308 .9375
308a .9500
309 .9625
309a .9750
310 .9875
310a 856.0000
311 .0125
311a .0250
312 .0375
312a .0500
313 .0625
313a .0750
314 .0875
314a .1000
315 .1125
315a .1250
316 .1375
316a .1500
317 .1625
317a .1750
318 .1875
318a .2000
319 .2125
319a .2250
320 .2375
320a .2500
321 .2625
321a .2750
322 .2875
322a .3000
323 .3125
323a .3250
324 .3375
324a .3500
325 .3625
325a .3750
326 .3875
326a .4000
327 .4125
327a .4250
328 .4375
328a .4500
329 .4625
329a .4750
330 .4875
330a .5000
331 .5125
331a .5250
332 .5375
332a .5500
333 .5625
333a .5750
334 .5875
334a .6000
335 .6125
335a .6250
336 .6375
336a .6500
337 .6625
337a .6750
338 .6875
338a .7000
339 .7125
339a .7250
340 .7375
340a .7500
341 .7625
341a .7750
342 .7875
342a .8000
343 .8125
343a .8250
344 .8375
344a .8500
345 .8625
345a .8750
346 .8875
346a .9000
347 .9125
347a .9250
348 .9375
348a .9500
349 .9625
349a .9750
350 .9875
350a 857.0000
351 .0125
351a .0250
352 .0375
352a .0500
353 .0625
353a .0750
354 .0875
354a .1000
355 .1125
355a .1250
356 .1375
356a .1500
357 .1625
357a .1750
358 .1875
358a .2000
359 .2125
359a .2250
360 .2375
360a .2500
361 .2625
361a .2750
362 .2875
362a .3000
363 .3125
363a .3250
364 .3375
364a .3500
365 .3625
365a .3750
366 .3875
366a .4000
367 .4125
367a .4250
368 .4375
368a .4500
369 .4625
369a .4750
370 .4875
370a .5000
371 .5125
371a .5250
372 .5375
372a .5500
373 .5625
373a .5750
374 .5875
374a .6000
375 .6125
375a .6250
376 .6375
376a .6500
377 .6625
377a .6750
378 .6875
378a .7000
379 .7125
379a .7250
380 .7375
380a .7500
381 .7625
381a .7750
382 .7875
382a .8000
383 .8125
383a .8250
384 .8375
384a .8500
385 .8625
385a .8750
386 .8875
386a .9000
387 .9125
387a .9250
388 .9375
388a .9500
389 .9625
389a .9750
390 .9875
390a 858.0000
391 .0125
391a .0250
392 .0375
392a .0500
393 .0625
393a .0750
394 .0875
394a .1000
395 .1125
395a .1250
396 .1375
396a .1500
397 .1625
397a .1750
398 .1875
398a .2000
399 .2125
399a .2250
400 .2375
400a .2500
401 .2625
401a .2750
402 .2875
402a .3000
403 .3125
403a .3250
404 .3375
404a .3500
405 .3625
405a .3750
406 .3875
406a .4000
407 .4125
407a .4250
408 .4375
408a .4500
409 .4625
409a .4750
410 .4875
410a .5000
411 .5125
411a .5250
412 .5375
412a .5500
413 .5625
413a .5750
414 .5875
414a .6000
415 .6125
415a .6250
416 .6375
416a .6500
417 .6625
417a .6750
418 .6875
418a .7000
419 .7125
419a .7250
420 .7375
420a .7500
421 .7625
421a .7750
422 .7875
422a .8000
423 .8125
423a .8250
424 .8375
424a .8500
425 .8625
425a .8750
426 .8875
426a .9000
427 .9125
427a .9250
428 .9375
428a .9500
429 .9625
429a .9750
430 .9875
430a 859.0000
431 .0125
431a .0250
432 .0375
432a .0500
433 .0625
433a .0750
434 .0875
434a .1000
435 .1125
435a .1250
436 .1375
436a .1500
437 .1625
437a .1750
438 .1875
438a .2000
439 .2125
439a .2250
440 .2375
440a .2500
441 .2625
441a .2750
442 .2875
442a .3000
443 .3125
443a .3250
444 .3375
444a .3500
445 .3625
445a .3750
446 .3875
446a .4000
447 .4125
447a .4250
448 .4375
448a .4500
449 .4625
449a .4750
450 .4875
450a .5000
451 .5125
451a .5250
452 .5375
452a .5500
453 .5625
453a .5750
454 .5875
454a .6000
455 .6125
455a .6250
456 .6375
456a .6500
457 .6625
457a .6750
458 .6875
458a .7000
459 .7125
459a .7250
460 .7375
460a .7500
461 .7625
461a .7750
462 .7875
462a .8000
463 .8125
463a .8250
464 .8375
464a .8500
465 .8625
465a .8750
466 .8875
466a .9000
467 .9125
467a .9250
468 .9375
468a .9500
469 .9625
469a .9750
470 .9875
471 860.0125
471a .0250
472 .0375
472a .0500
473 .0625
473a .0750
474 .0875
474a .1000
475 .1125
475a .1250
476 .1375
476a .1500
477 .1625
477a .1750
478 .1875
478a .2000
479 .2125
479a .2250
480 .2375
480a .2500
481 .2625
481a .2750
482 .2875
482a .3000
483 .3125
483a .3250
484 .3375
484a .3500
485 .3625
485a .3750
486 .3875
486a .4000
487 .4125
487a .4250
488 .4375
488a .4500
489 .4625
489a .4750
490 .4875
490a .5000
491 .5125
491a .5250
492 .5375
492a .5500
493 .5625
493a .5750
494 .5875
494a .6000
495 .6125
495a .6250
496 .6375
496a .6500
497 .6625
497a .6750
498 .6875
498a .7000
499 .7125
499a .7250
500 .7375
500a .7500
501 .7625
501a .7750
502 .7875
502a .8000
503 .8125
503a .8250
504 .8375
504a .8500
505 .8625
505a .8750
506 .8875
506a .9000
507 .9125
507a .9250
508 .9375
508a .9500
509 .9625
509a .9750
510 .9875
510a 861.0000
511 .0125
511a .0250
512 .0375
512a .0500
513 .0625
513a .0750
514 .0875
514a .1000
515 .1125
515a .1250
516 .1375
516a .1500
517 .1625
517a .1750
518 .1875
518a .2000
519 .2125
519a .2250
520 .2375
520a .2500
521 .2625
521a .2750
522 .2875
522a .3000
523 .3125
523a .3250
524 .3375
524a .3500
525 .3625
525a .3750
526 .3875
526a .4000
527 .4125
527a .4250
528 .4375
528a .4500
529 .4625
529a .4750
530 .4875
530a .5000
531 .5125
531a .5250
532 .5375
532a .5500
533 .5625
533a .5750
534 .5875
534a .6000
535 .6125
535a .6250
536 .6375
536a .6500
537 .6625
537a .6750
538 .6875
538a .7000
539 .7125
539a .7250
540 .7375
540a .7500
541 .7625
541a .7750
542 .7875
542a .8000
543 .8125
543a .8250
544 .8375
544a .8500
545 .8625
545a .8750
546 .8875
546a .9000
547 .9125
547a .9250
548 .9375
548a .9500
549 .9625
549a .9750
550 .9875
551 862.0125
552 .0375
553 .0625
554 .0875
555 .1125
556 .1375
557 .1625
558 .1875
559 .2125
560 .2375
561 .2625
562 .2875
563 .3125
564 .3375
565 .3625
566 .3875
567 .4125
568 .4375
569 .4625
570 .4875
571 .5125
572 .5375
573 .5625
574 .5875
575 .6125
576 .6375
577 .6625
578 .6875
579 .7125
580 .7375
581 .7625
582 .7875
583 .8125
584 .8375
585 .8625
586 .8875
587 .9125
588 .9375
589 .9625
590 .9875
591 863.0125
592 .0375
593 .0625
594 .0875
595 .1125
596 .1375
597 .1625
598 .1875
599 .2125
600 .2375
601 .2625
602 .2875
603 .3125
604 .3375
605 .3625
606 .3875
607 .4125
608 .4375
609 .4625
610 .4875
611 .5125
612 .5375
613 .5625
614 .5875
615 .6125
616 .6375
617 .6625
618 .6875
619 .7125
620 .7375
621 .7625
622 .7875
623 .8125
624 .8375
625 .8625
626 .8875
627 .9125
628 .9375
629 .9625
630 .9875
631 864.0125
632 .0375
633 .0625
634 .0875
635 .1125
636 .1375
637 .1625
638 .1875
639 .2125
640 .2375
641 .2625
642 .2875
643 .3125
644 .3375
645 .3625
646 .3875
647 .4125
648 .4375
649 .4625
650 .4875
651 .5125
652 .5375
653 .5625
654 .5875
655 .6125
656 .6375
657 .6625
658 .6875
659 .7125
660 .7375
661 .7625
662 .7875
663 .8125
664 .8375
665 .8625
666 .8875
667 .9125
668 .9375
669 .9625
670 .9875
671 865.0125
672 .0375
673 .0625
674 .0875
675 .1125
676 .1375
677 .1625
678 .1875
679 .2125
680 .2375
681 .2625
682 .2875
683 .3125
684 .3375
685 .3625
686 .3875
687 .4125
688 .4375
689 .4625
690 .4875
691 .5125
692 .5375
693 .5625
694 .5875
695 .6125
696 .6375
697 .6625
698 .6875
699 .7125
700 .7375
701 .7625
702 .7875
703 .8125
704 .8375
705 .8625
706 .8875
707 .9125
708 .9375
709 .9625
710 .9875
711 866.0125
712 .0375
713 .0625
714 .0875
715 .1125
716 .1375
717 .1625
718 .1875
719 .2125
720 .2375
721 .2625
722 .2875
723 .3125
724 .3375
725 .3625
726 .3875
727 .4125
728 .4375
729 .4625
730 .4875
731 .5125
732 .5375
733 .5625
734 .5875
735 .6125
736 .6375
737 .6625
738 .6875
739 .7125
740 .7375
741 .7625
742 .7875
743 .8125
744 .8375
745 .8625
746 .8875
747 .9125
748 .9375
749 .9625
750 .9875
751 867.0125
752 .0375
753 .0625
754 .0875
755 .1125
756 .1375
757 .1625
758 .1875
759 .2125
760 .2375
761 .2625
762 .2875
763 .3125
764 .3375
765 .3625
766 .3875
767 .4125
768 .4375
769 .4625
770 .4875
771 .5125
772 .5375
773 .5625
774 .5875
775 .6125
776 .6375
777 .6625
778 .6875
779 .7125
780 .7375
781 .7625
782 .7875
783 .8125
784 .8375
785 .8625
786 .8875
787 .9125
788 .9375
789 .9625
790 .9875
791 868.0125
792 .0375
793 .0625
794 .0875
795 .1125
796 .1375
797 .1625
798 .1875
799 .2125
800 .2375
801 .2625
802 .2875
803 .3125
804 .3375
805 .3625
806 .3875
807 .4125
808 .4375
809 .4625
810 .4875
811 .5125
812 .5375
813 .5625
814 .5875
815 .6125
816 .6375
817 .6625
818 .6875
819 .7125
820 .7375
821 .7625
822 .7875
823 .8125
824 .8375
825 .8625
826 .8875
827 .9125
828 .9375
829 .9625
830 .9875

Table of 896-901/935-940 MHz Channel Designations

Channel No. Base
Frequency
(MHz)
1 935.0125
2 .0250
3 .0375
4 .0500
5 .0625
6 .0750
7 .0875
8 .1000
9 .1125
10 .1250
11 .1375
12 .1500
13 .1625
14 .1750
15 .1875
16 .2000
17 .2125
18 .2250
19 .2375
20 .2500
21 .2625
22 .2750
23 .2875
24 .3000
25 .3125
26 .3250
27 .3375
28 .3500
29 .3625
30 .3750
31 .3875
32 .4000
33 .4125
34 .4250
35 .4375
36 .4500
37 .4625
38 .4750
39 .4875
40 .5000
41 .5125
42 .5250
43 .5375
44 .5500
45 .5625
46 .5750
47 .5875
48 .6000
49 .6125
50 .6250
51 .6375
52 .6500
53 .6625
54 .6750
55 .6875
56 .7000
57 .7125
58 .7250
59 .7375
60 .7500
61 .7626
62 .7750
63 .7875
64 .8000
65 .8125
66 .8250
67 .8375
68 .8500
69 .8625
70 .8750
71 .8875
72 .9000
73 .9125
74 .9250
75 .9375
76 .9500
77 .9625
78 .9750
79 .9875
80 936.0000
81 .0125
82 .0250
83 .0375
84 .0500
85 .0625
86 .0750
87 .0875
88 .1000
89 .1125
90 .1250
91 .1375
92 .1500
93 .1625
94 .1750
95 .1875
96 .2000
97 .2125
98 .2250
99 .2375
100 .2500
101 .2625
102 .2750
103 .2875
104 .3000
105 .3125
106 .3250
107 .3375
108 .3500
109 .3625
110 .3750
111 .3875
112 .4000
113 .4125
114 .4250
115 .4375
116 .4500
117 .4625
118 .4750
119 .4875
120 .5000
121 .5125
122 .5250
123 .5375
124 .5500
125 .5625
126 .5750
127 .5875
128 .6000
129 .6125
130 .6250
131 .6375
132 .6500
133 .6625
134 .6750
135 .6875
136 .7000
137 .7125
138 .7250
139 .6375
140 .7500
141 .7625
142 .7750
143 .7875
144 .8000
145 .8125
146 .8250
147 .8375
148 .8500
149 .8625
150 .8750
151 .8875
152 .9000
153 .9125
154 .9250
155 .9375
156 .9500
157 .9625
158 .9750
159 .9875
160 937.0000
161 .0125
162 .0250
163 .0375
164 .0500
165 .0625
166 .0750
167 .0875
168 .1000
169 .1125
170 .1250
171 .1375
172 .1500
173 .1625
174 .1750
175 .1875
176 .2000
177 .2125
178 .2250
179 .2375
180 .2500
181 .2625
182 .2750
183 .2875
184 .3000
185 .3125
186 .3250
187 .3375
188 .3500
189 .3625
190 .3750
191 .3875
192 .4000
193 .4125
194 .4250
195 .4375
196 .4500
197 .4625
198 .4750
199 .4875
200 .5000
201 .5125
202 .5250
203 .5375
204 .5500
205 .5625
206 .5750
207 .5875
208 .6000
209 .6125
210 .6250
211 .6375
212 .6500
213 .6625
214 .6750
215 .6875
216 .7000
217 .7125
218 .7250
219 .7375
220 .7500
221 .7625
222 .7750
223 .7875
224 .8000
225 .8125
226 .8250
227 .8375
228 .8500
229 .8625
230 .8750
231 .8875
232 .9000
233 .9125
234 .9250
235 .9475
236 .9500
237 .9625
238 .9750
239 .9875
240 938.0000
241 .0125
242 .0250
243 .0375
244 .0500
245 .0625
246 .0750
247 .0875
248 .1000
249 .1125
250 .1250
251 .1375
252 .1500
253 .1625
254 .1750
255 .1875
256 .2000
257 .2125
258 .2250
259 .2375
260 .2500
261 .2625
262 .2750
263 .2875
264 .3000
265 .3125
266 .3250
267 .3375
268 .3500
269 .3625
270 .3750
271 .3875
272 .4000
273 .4125
274 .4250
275 .4375
276 .4500
277 .4625
278 .4750
279 .4875
280 .5000
281 .5125
282 .5250
283 .5375
284 .5500
285 .5625
286 .5750
287 .5875
288 .6000
289 .6125
290 .6250
291 .6375
292 .6500
293 .6625
294 .6750
295 .6875
296 .7000
297 .7125
298 .7250
299 .7375
300 .7500
301 .7625
302 .7750
303 .7875
304 .8000
305 .8125
306 .8250
307 .8375
308 .8500
309 .8625
310 .8750
311 .8875
312 .9000
313 .9125
314 .9250
315 .9375
316 .9500
317 .9625
318 .9750
319 .9875
320 939.0000
321 .0125
322 .0250
323 .0375
324 .0500
325 .0625
326 .0750
327 .0875
328 .1000
329 .1125
330 .1250
331 .1375
332 .1500
333 .1625
334 .1750
335 .1875
336 .2000
337 .2125
338 .2250
339 .2375
340 .2500
341 .2625
342 .2750
343 .2875
344 .3000
345 .3125
346 .3250
347 .3375
348 .3500
349 .3625
350 .3750
351 .3875
352 .4000
353 .4125
354 .4250
355 .4375
356 .4500
357 .4625
358 .4750
359 .4875
360 .5000
361 .5125
362 .5250
363 .5375
364 .5500
365 .5625
366 .5750
367 .5875
368 .6000
369 .6125
370 .6250
371 .6375
372 .6500
373 .6625
374 .6750
375 .6875
376 .7000
377 .7125
378 .7250
379 .7375
380 .7500
381 .7625
382 .7750
383 .7875
384 .8000
385 .8125
386 .8250
387 .8375
388 .8500
389 .8625
390 .8750
391 .8875
392 .9000
393 .9125
394 .9250
395 .9375
396 .9500
397 .9625
398 .9750
399 .9875

[70 FR 56583, Sept. 28, 2005, as amended at 72 FR 35200, June 27, 2007; 83 FR 61097, Nov. 27, 2018; 85 FR 43139, July 15, 2020]

§ 90.614 Segments of the 806-824/851-869 MHz band for non-border areas.

The 806-824/851-869 MHz band (“800 MHz band”) will be divided as follows at locations farther then 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canadian border (“non-border areas”)

(a) 800 MHz high density cellular systems - as defined in § 90.7 - are prohibited from operating on channels 1-550 in non-border areas.

(b) 800 MHz high density cellular systems - as defined in § 90.7 - are permitted to operate on channels 551-830 in non-border areas.

(c) In the following counties and parishes, 800 MHz high density cellular systems - as defined in § 90.7 - are permitted to operate on channels 411-830:

Alabama: Autauga, Baldwin, Barbour, Bibb, Blount, Bullock, Butler, Calhoun, Chambers, Cherokee, Chilton, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, Dallas, DeKalb, Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Hale, Henry, Houston, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Lowndes, Macon, Madison, Marengo, Marion, Marshall, Mobile, Monroe, Montgomery, Morgan, Perry, Pickens, Pike, Randolph, Russell, Shelby, St Clair, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, Washington, Wilcox, Winston.

Florida: Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, Washington.

Georgia: Appling, Atkinson, Bacon, Baker, Baldwin, Banks, Barrow, Bartow, Ben Hill, Berrien, Bibb, Bleckley, Brantley, Brooks, Bryan, Bulloch, Burke, Butts, Calhoun, Camden, Candler, Carroll, Catoosa, Charlton, Chatham, Chattahoochee, Chattooga, Cherokee, Clarke, Clay, Clayton, Clinch, Cobb, Coffee, Colquitt, Columbia, Cook, Coweta, Crawford, Crisp, Dade, Dawson, Decatur, DeKalb, Dodge, Dooly, Dougherty, Douglas, Early, Echols, Effingham, Elbert, Emanuel, Evans, Fannin, Fayette, Floyd, Forsyth, Franklin, Fulton, Gilmer, Glascock, Glynn, Gordon, Grady, Greene, Gwinnett, Habersham, Hall, Hancock, Haralson, Harris, Hart, Heard, Henry, Houston, Irwin, Jackson, Jasper, Jeff Davis, Jefferson, Jenkins, Johnson, Jones, Lamar, Lanier, Laurens, Lee, Liberty, Lincoln, Long, Lowndes, Lumpkin, Macon, Madison, Marion, McDuffie, McIntosh, Meriwether, Miller, Mitchell, Monroe, Montgomery, Morgan, Murray, Muscogee, Newton, Oconee, Oglethorpe, Paulding, Peach, Pickens, Pierce, Pike, Polk, Pulaski, Putnam, Quitman, Rabun, Randolph, Richmond, Rockdale, Schley, Screven, Seminole, Spalding, Stephens, Stewart, Sumter, Talbot, Taliaferro, Tattnall, Taylor, Telfair, Terrell, Thomas, Tift, Toombs, Towns, Treutlen, Troup, Turner, Twiggs, Union, Upson, Walker, Walton, Ware, Warren, Washington, Wayne, Webster, Wheeler, White, Whitfield, Wilcox, Wilkes, Wilkinson, Worth.

Louisiana: Catahoula, Concordia, Madison, Tensas.

Mississippi: Adams, Alcorn, Amite, Attala, Calhoun, Carroll, Chickasaw, Choctaw, Claiborne, Clarke, Clay, Copiah, Covington, Forrest, Franklin, George, Greene, Grenada, Hancock, Harrison, Hinds, Holmes, Itawamba, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence, Leake, Lee, Lincoln, Lowndes, Madison, Marion, Monroe, Montgomery, Neshoba, Newton, Noxubee, Oktibbeha, Pearl River, Perry, Pike, Pontotoc, Prentiss, Rankin, Scott, Simpson, Smith, Stone, Tippah, Tishomingo, Union, Walthall, Warren, Wayne, Webster, Wilkinson, Winston, Yazoo.

North Carolina: Cherokee, Clay, Graham, Jackson, Macon.

South Carolina: Abbeville, Aiken, Allendale, Anderson, Bamberg, Barnwell, Beaufort, Edgefield, Greenwood, Hampton, Jasper, McCormick, Oconee.

Tennessee: Bledsoe, Bradley, Franklin, Giles, Hamilton, Hardin, Lawrence, Lincoln, Marion, McMinn, McNairy, Meigs, Monroe, Moore, Polk, Rhea, Sequatchie, Wayne.

[69 FR 67843, Nov. 22, 2004, as amended at 70 FR 76708, Dec. 28, 2005; 72 FR 39760, July 20, 2007]

§ 90.615 Individual channels available in the General Category in 806-824/851-869 MHz band.

The General Category will consist of channels 231-260a and 511-550 at locations farther than 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canadian border. All entities will be eligible for licensing on these channels except as described in paragraphs (a) and (b) of this section.

(a) In a given 800 MHz NPSPAC region, any channel in the 231-260 range which is vacated by a licensee relocating to channels 551-830 and which remains vacant after band reconfiguration will be available as follows:

(1) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region;

(2) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region;

(3) To all entities five years after release of a public notice announcing the completion of band reconfiguration in that region.

(b) In a given 800 MHz NPSPAC region, any channel in the 231-260 range which is vacated by a licensee relocating to channels 511-550 and remains vacant after band reconfiguration will be available as follows:

(1) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region;

(2) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region;

(3) To all entities five years after release of a public notice announcing the completion of band reconfiguration in that region.

(c) Spectrum Block F1 consists of channels 236-260.

(d) Applicants may begin to license interstitial channels (denoted with an “a” after the channel number) only after the Wireless Telecommunications Bureau and the Public Safety and Homeland Security Bureau jointly release a public notice announcing the availability of those channels for licensing in a National Public Safety Planning Advisory Committee region.

[70 FR 6759, Feb. 8, 2005, as amended at 70 FR 76708, Dec. 28, 2005; 83 FR 61100, Nov. 27, 2018]

§ 90.616 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz narrowband segments.

(a) In a transitioned market, the narrowband segments of realigned 900 MHz spectrum (i.e., the 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz bands (Paired channels 1-119 and 361-399 as specified in § 90.613)) are designated for the following entities:

(1) Applicants eligible in the Industrial/Business Pool of subpart C of this part;

(2) Business/Industrial/Land Transportation Pool and Specialized Mobile Radio licensees authorized as of September 13, 2018, for continuing operations; and

(3) Business/Industrial/Land Transportation Pool and Specialized Mobile Radio licensees authorized as of September 13, 2018, for relocation to the new narrowband segments from the broadband segment pursuant to part 27, subpart P, of this chapter.

(b) Applications for new authorizations will only be accepted from applicants specified in paragraph (a)(1) of this section.

(c) Table 1 to § 90.616(c) indicates the channels available in transitioned markets to the entities set forth in paragraph (a) of this section. These frequencies are available in transitioned markets in non-border areas and the U.S./Mexico border area. For multi-channel systems, channels may be grouped vertically or horizontally as they appear in the following table.

Table 1 to § 90.616(c) - Channels in the 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz Frequency Bands in Tran- sitioned Markets

[In non-border areas and in the United States/Mexico border area]

1-2-3-4-5 81-82-83-84-85.
6-7-8-9-10 86-87-88-89-90.
11-12-13-14-15 91-92-93-94-95.
16-17-18-19-20 96-97-98-99-100.
21-22-23-24-25 101-102-103-104-105.
26-27-28-29-30 106-107-108-109-110.
31-32-33-34-35 111-112-113-114-115.
36-37-38-39-40 116-117-118-119.
41-42-43-44-45 361-362-363-364-365.
46-47-48-49-50 366-367-368-369-370.
51-52-53-54-55 371-372-373-374-375.
56-57-58-59-60 376-377-378-379-380.
61-62-63-64-65 381-382-383-384-385.
66-67-68-69-70 386-387-388-389-390.
71-72-73-74-75 391-392-393-394-395.
76-77-78-79-80 396-397-398-399.

(d) Table 2 to § 90.616(d) indicates the channels available in transitioned markets to the entities set forth in paragraph (a) of this section, available for use in the U.S./Canada border area.

Table 2 to § 90.616(d) - Channels in the 896-897.5/935-936.5 and 900.5-901/939.5-940 MHz Frequency Bands in Transitioned Markets Available in the U.S./Canada Border Area

Region Location
(longitude)
Channels
1 66° W-71° W (0-100 km from border) 1-119, 398, 399.
2 71° W-80°30′ W (0-100 km from border) 1-119.
3 80°30′ W-85° W (0-100 km from border) 1-119.
4 85° W-121°30′ W (0-100 km from border) 1-119, 398, 399.
5 121°30′ W-127° W (0-140 km from border) 1-119, 398, 399.
6 127° W-143° W (0-100 km from border) 1-119, 398, 399.
7 66° W-121°30′ W (100-140 km from border) 1-119, 361-399.
8 127° W-143° W (100-140 km from border) 1-119, 361-399.

(e) Table 3 to § 90.616(e) indicates additional channels available in transitioned markets to the entities set forth in paragraph (a) of this section, available for use in the U.S./Canada border area. The channels listed in Table 3 are available for assignment in Regions 1-6 if the maximum power flux density (PFD) of the station's transmitted signal does not exceed the limits specified in tables 29 and 30 of § 90.619 of this chapter.

Table 3 to § 90.616(e) - Additional Channels Available in Tran- sitioned Markets in the U.S./Canada Border Area

[Regions 1-6]

Region Channel
No.'s
Effective radiated power
1 361-397 See Table 29 of section 90.619.
2 361-399 See Table 29 of section 90.619.
3 361-399 See Table 29 of section 90.619.
4 361-397 See Table 29 of section 90.619.
5 361-397 See Table 30 of section 90.619.
6 361-397 See Table 29 of section 90.619.

[85 FR 43139, July 15, 2020]

§ 90.617 Frequencies in the 809.750-824/854.750-869 MHz, and 896-901/935-940 MHz bands available for trunked, conventional or cellular system use in non-border areas.

The following channels will be available at locations farther then 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canadian border (“non-border areas”).

(a) Unless otherwise specified, the channels listed in Table 1 and paragraph (a)(1) of this section are available for to eligible applicants in the Public Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These frequencies are available in non-border areas. Specialized Mobile Radio Systems will not be authorized in this category. These channels are available for intercategory sharing as indicated in § 90.621(e).

Table 1 - Public Safety Pool 806-816/851-861 MHz Band Channels

[139 Channels]

Group No. Channel Nos.
269 269-289-311-399-439.
269a 269a-289a-311a-399a-439a.
270 270-290-312-400-440.
270a 270a-290a-312a-400a-440a.
279 279-299-319-339-359.
279a 279a-299a-319a-339a-359a.
280 280-300-320-340-360.
280a 280a-300a-320a-340a-360a.
309 309-329-349-369-389.
309a 309a-329a-349a-369a-389a.
310 310-330-350-370-390.
310a 310a-330a-350a-370a-390a.
313 313-353-393-441-461.
313a 313a-353a-393a-441a-461a.
314 314-354-394-448-468.
314a 314a-354a-394a-448a-468a.
321 321-341-361-381-419.
321a 321a-341a-361a-381a-419a.
328 328-348-368-388-420.
328a 328a-348a-368a-388a-420a.
351 351-379-409-429-449.
351a 351a-379a-409a-429a-449a.
352 352-380-410-430-450.
332a 352a-380a-410a-430a-450a.
Single Channels 391, 392, 401, 408, 421, 428, 459, 460, 469, 470.
391a, 392a, 401a, 408a, 421a, 428a, 459a, 460a, 469a.

(1) Channels numbers 1-230 are also available to eligible applicants in the Public Safety Category in non-border areas. The assignment of these channels will be done in accordance with the policies defined in the Report and Order in Gen. Docket No. 87-112 (See § 90.16). The following channels are available only for mutual aid purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 153. Mobile and portable radios operating on the mutual aid channels shall employ analog FM emission.

(2) Except as provided in paragraph (a)(3) of this section, the channels listed in Table 1A are available in the counties listed in § 90.614(c) to eligible applicants in the Public Safety Category. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e).

Table 1A - Public Safety Pool 806-813.5/851-858.5 MHz Band Channels for Counties in Southeastern U.S.

[138 Channels]

Group No. Channel Nos.
261 261-313-324-335-353
261a 261a-313a-324a-335a-353a
262 262-314-325-336-354
262a 262a-314a-325a-336a-354a
265 265-285-315-333-351
265a 265a-285a-315a-333a-351a
266 266-286-316-334-352
266a 266a-286a-316a-334a-352a
269 269-289-311-322-357
269a 269a-289a-311a-322a-357a
270 270-290-312-323-355
270a 270a-290a-312a-323a-355a
271 271-328-348-358-368
271a 271a-328a-348a-358a-368a
279 279-299-317-339-359
279a 279a-299a-317a-339a-359a
280 280-300-318-340-360
280a 280a-300a-318a-340a-360a
309 309-319-329-349-369
309a 309a-319a-329a-349a-369a
310 310-320-330-350-370
310a 310a-320a-330a-350a
321 321-331-341-361-372
321a 321a-331a-341a-361a
Single Channels 326, 327, 332, 337, 338, 342, 343, 344, 345, 356, 326a, 327a, 332a, 337a, 338a, 342a, 343a, 344a, 345a, 356a

(3) The channels listed in Table 1B are available within 113 km (70 mi) of the center city coordinates of Atlanta, GA to eligible applicants in the Public Safety Category. The center city coordinates of Atlanta, GA - for the purposes of the rule - are defined as 33°44′55″ NL, 84°23′17″ WL. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e).

Table 1B - Public Safety Pool 806-813.5/851-858.5 MHz Band Channels for Atlanta, GA

[138 Channels]

Group No. Channel Nos.
261 261-313-324-335-353
261a 261a-313a-324a-335a-353a
262 262-314-325-336-354
262a 262a-314a-325a-336a-354a
269 269-289-311-322-357
269a 269a-289a-311a-322a-357a
270 270-290-312-323-355
270a 270a-290a-312a-323a-355a
279 279-299-319-339-359
279a 279a-299a-319a-339a-359a
280 280-300-320-340-360
280a 280a-300a-320a-340a-360a
285 285-315-333-351-379
285a 285a-315a-333a-351a-379a
286 286-316-334-352-380
286a 286a-316a-334a-352a-380a
309 309-329-349-369-389
309a 309a-329a-349a-369a-389a
310 310-330-350-370-390
310a 310a-330a-350a-370a
321 321-331-341-361-381
321a 321a-331a-341a-361a-381a
328 328-348-358-368-388
328a 328a-348a-358a-368a-388a
Single Channels 317, 318, 326, 327, 332, 337, 338, 356, 371, 372
317a, 318a, 326a, 327a, 332a, 337a, 338a, 356a, 371a

(b) Unless otherwise specified, the channels listed in Table 2 are available to applicants eligible in the Industrial/Business Pool of subpart C of this part but exclude Special Mobilized Radio Systems as defined in § 90.603(c). 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These frequencies are available in non-border areas. Specialized Mobile Radio (SMR) systems will not be authorized on these frequencies. These channels are available for inter-category sharing as indicated in § 90.621(e).

Table 2 - Business/Industrial/Land Transportation Pool 806-816/851-861 MHz Band Channels

[200 Channels]

Group No. Channel Nos.
322 322-362-402-442-482.
322a 322a-362a-402a-442a-482a.
323 323-363-403-443-483.
323a 323a-363a-403a-443a-483a.
324 324-364-404-444-484.
324a 324a-364a-404a-444a-484a.
325 325-365-405-445-485.
325a 325a-365a-405a-445a-485a.
326 326-366-406-446-486.
326a 326a-366a-406a-446a-486a.
327 327-367-407-447-487.
327a 327a-367a-407a-447a-487a.
342 342-382-422-462-502.
342a 342a-382a-422a-462a-502a.
343 343-383-423-463-503.
343a 343a-383a-423a-463a-503a.
344 344-384-424-464-504.
344a 344a-384a-424a-464a-504a.
345 345-385-425-465-505.
345a 345a-385a-425a-465a-505a.
346 346-386-426-466-506.
346a 346a-386a-426a-466a-506a.
347 347-387-427-467-507.
347a 347a-387a-427a-467a-507a.
Single Channels 261, 271, 281, 291, 301, 262, 272, 282, 292, 302, 263, 273, 283, 293, 303, 264, 274, 284, 294, 304, 265, 275, 285, 295, 305, 266, 276, 286, 296, 306, 267, 277, 287, 297, 307, 268, 278, 288, 298, 308.
261a, 271a, 281a, 291a, 301a, 262a, 272a, 282a, 292a, 302a, 263a, 273a, 283a, 293a, 303a, 264a, 274a, 284a, 294a, 304a, 265a, 275a, 285a, 295a, 305a, 266a, 276a, 286a, 296a, 306a, 267a, 277a, 287a, 297a, 307a, 268a, 278a, 288a, 298a, 308a.

(1) Except as provided in paragraph (b)(2) of this section, the channels listed in Table 2A are available in the counties listed in § 90.614(c) to eligible applicants in the Industrial/Business Pool of subpart C of this part but exclude Special Mobilized Radio Systems as defined in § 90.603(c). 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e).

Table 2A - Business/Industrial/Land Transportation Pool 806-813.5/851-858.5 MHz Band for Channels in Southeastern U.S.

[137 Channels]

Channel Nos.
Single Channels 263, 264, 267, 268, 272, 273, 274, 275, 276, 277, 278, 281, 282, 283, 284, 287, 288, 291, 292, 293, 294, 295, 296, 297, 298, 301, 302, 303, 304, 305, 306, 307, 308, 346, 347, 362, 363, 364, 365, 366, 367, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410
263a, 264a, 267a, 268a, 272a, 273a, 274a, 275a, 276a, 277a, 278a, 281a, 282a, 283a, 284a, 287a, 288a, 291a, 292a, 293a, 294a, 295a, 296a, 297a, 298a, 301a, 302a, 303a, 304a, 305a, 306a, 307a, 308a, 346a, 347a, 362a, 363a, 364a, 365a, 366a, 367a, 379a, 380a, 381a, 382a, 383a, 384a, 385a, 386a, 387a, 388a, 389a, 390a, 391a, 392a, 393a, 394a, 399a, 400a, 401a, 402a, 403a, 404a, 405a, 406a, 407a, 408a, 409a

(2) The channels listed in Table 2B are available within 113 km (70 mi) of the center city coordinates of Atlanta, GA, to eligible applicants in the Industrial/Business Pool of subpart C of this part but exclude Special Mobilized Radio Systems as defined in § 90.603(c). The center city coordinates of Atlanta, GA - for the purposes of the rule - are defined as 33°44′55″ NL, 84°23′17″ WL. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e).

Table 2B - Business/Industrial/Land Transportation Pool 806-813.5/851-858.5 MHz Band for Channels in Atlanta, GA

[137 Channels]

Channel Nos.
Single Channels 263, 264, 265, 266, 267, 268, 271, 272, 273, 274, 275, 276, 277, 278, 281, 282, 283, 284, 287, 288, 291, 292, 293, 294, 295, 296, 297, 298, 301, 302, 303, 304, 305, 306, 307, 308, 342, 343, 344, 345, 346, 347, 362, 363, 364, 365, 366, 367, 382, 383, 384, 385, 386, 387, 391, 392, 393, 394, 399, 400, 401, 402, 403, 404, 405, 406, 407, 409, 410
263a, 264a, 265a, 266a, 267a, 268a, 271a, 272a, 273a, 274a, 275a, 276a, 277a, 278a, 281a, 282a, 283a, 284a, 287a, 288a, 291a, 292a, 293a, 294a, 295a, 296a, 297a, 298a, 301a, 302a, 303a, 304a, 305a, 306a, 307a, 308a, 342a, 343a, 344a, 345a, 346a, 347a, 362a, 363a, 364a, 365a, 366a, 367a, 382a, 383a, 384a, 385a, 386a, 387a, 391a, 392a, 393a, 394a, 399a, 400a, 401a, 402a, 403a, 404a, 405a, 406a, 407a, 409a

(c) Except as specified in § 90.616, the channels listed in Table 3 of this section are available to applicants eligible in the Industrial Business Pool of subpart C of this part but exclude Specialized Mobile Radio Systems as defined in § 90.603(c). These frequencies are available in non-border areas. Specialized Mobile Radio (SMR) systems will not be authorized on these frequencies. These channels are available for intercategory sharing as indicated in § 90.621(e).

For multi-channel systems, channels may be grouped vertically or horizontally as they appear in the following table.

Table 3 - Business/Industrial/Land Transportation Pool 896-901/935-940 MHZ Band Channels

[199 channels]

Channel Nos.
11-12-13-14-15 211-212-213-214-215
16-17-18-19-20 216-217-218-219-220
31-32-33-34-35 231-232-233-234-235
36-37-38-39-40 236-237-238-239-240
51-52-53-54-55 251-252-253-254-255
56-57-58-59-60 256-257-258-259-260
71-72-73-74-75 271-272-273-274-275
76-77-78-79-80 276-277-278-279-280
91-92-93-94-95 291-292-293-294-295
96-97-98-99-100 296-297-298-299-300
111-112-113-114-115 311-312-313-314-315
116-117-118-119-120 316-317-318-319-320
131-132-133-134-135 331-332-333-334-335
136-137-138-139-140 336-337-338-339-340
151-152-153-154-155 351-352-353-354-355
156-157-158-159-160 356-357-358-359-360
171-172-173-174-175 371-372-373-374-375
176-177-178-179-180 376-377-378-379-380
191-192-193-194-195 391-392-393-394-395
196-197-198-199-200 396-397-398-399

(d) Unless otherwise specified, the channels listed in Tables 4A and 4B are available only to eligibles in the SMR category - which consists of Specialized Mobile Radio (SMR) stations and eligible end users. 800 MHz high density cellular systems, as defined in § 90.7, are prohibited on these channels. These frequencies are available in non-border areas. The spectrum blocks listed in Table 4A are available for EA-based services (as defined by § 90.681) prior to January 21, 2005. No new EA-based services will be authorized after January 21, 2005. EA-based licensees who operate non-high-density cellular systems prior to January 21, 2005, may choose to remain on these channels in the non-high-density cellular portion of the 800 MHz band (as defined in § 90.614). These licensees may continue to operate non-high-density cellular systems and will be grandfathered indefinitely. The channels listed in Table 4B will be available for site-based licensing after January 21, 2005, in any Economic Area where no EA-based licensee is authorized for these channels.

Table 4A - EA-Based SMR Category 806-816/851-861 MHz Band Channels, Available Prior to January 21, 2005

[80 Channels]

Spectrum block Channel Nos.
G 311-351-391-431-471
H 312-352-392-432-472
I 313-353-393-433-473
J 314-354-394-434-474
K 315-355-395-435-475
L 316-356-396-436-476
M 317-357-397-437-477
N 318-358-398-438-478
O 331-371-411-451-491
P 332-372-412-452-492
Q 333-373-413-453-493
R 334-374-414-454-494
S 335-375-415-455-495
T 336-376-416-456-496
U 337-377-417-457-497
V 338-378-418-458-498

Table 4B - SMR Category 806-816/851-861 MHz Band Channels, Available After January 21, 2005, for Site-Based Licensing

[160 Channels]

Group No. Channel Nos.
315 315-355-395-435-475.
315a 315a-355a-395a-435a-475a.
316 316-356-396-436-476.
316a 316a-356a-396a-436a-476a.
317 317-357-397-437-477.
317a 317a-357a-397a-437a-477a.
318 318-358-398-438-478.
318a 318a-358a-398a-438a-478a.
331 331-371-411-451-491.
331a 331a-371a-411a-451a-491a.
332 332-372-412-452-492.
332a 332a-372a-412a-452a-492a.
333 333-373-413-453-493.
333a 333a-373a-413a-453a-493a.
334 334-374-414-454-494.
334a 334a-374a-414a-454a-494a.
335 335-375-415-455-495.
335a 335a-375a-415a-455a-495a.
336 336-376-416-456-496.
336a 336a-376a-416a-456a-496a.
337 337-377-417-457-497.
337a 337a-377a-417a-457a-497a.
338 338-378-418-458-498.
338a 338a-378a-418a-458a-498a
Single Channels 431, 432, 433, 434, 471, 472, 473, 474, 479, 480, 481, 488, 489, 490, 499, 500, 501, 508, 509, 510.
431a, 432a, 433a, 434a, 471a, 472a, 473a, 474a, 479a, 480a, 481a, 488a, 489a, 490a, 499a, 500a, 501a, 508a, 509a, 510a.

(1) Except as provided in paragraph (d)(2) of this section, the channels listed in Table 4C are available in the counties listed in § 90.614(c) for non-high-density cellular operations only to eligibles in the SMR category - which consists of Specialized Mobile Radio (SMR) stations and eligible end users. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e).

Table 4C - SMR Category 806-813.5/851-858.5 MHz Band Channels Available for Site-Based Licensing in Southeastern U.S. After January 21, 2005

[22 Channels]

Channel Nos.
Single Channels 371, 373, 374, 375, 376, 377, 378, 395, 396, 397, 398.
371a, 373a, 374a, 375a, 376a, 377a, 378a, 395a, 396a, 397a, 398a.

(2) The channels listed in Table 4D are available within 113 km (70 mi) of the center city coordinates of Atlanta, GA, only to eligibles in the SMR category - which consists of Specialized Mobile Radio (SMR) stations and eligible end users. The center city coordinates of Atlanta, GA - for the purposes of this rule - are defined as 33°44′55″ NL, 84°23′17″ WL. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e). 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e).

Table 4D - SMR Category 806-813.5/851-858.5 MHz Band Channels Available for Site-Based Licensing in Atlanta, GA after January 21, 2005

[22 Channels]

Channel Nos.
Single Channels 373, 374, 375, 376, 377, 378, 395, 396, 397, 398, 408.
373a, 374a, 375a, 376a, 377a, 378a, 395a, 396a, 397a, 398a, 408a.

(e) The Channels listed in § 90.614(b) and (c) are available to eligibles in the SMR category - which consists of Specialized Mobile Radio (SMR) stations and eligible end users. ESMR licensees which employ an 800 MHz high density cellular system, as defined in § 90.7, are permitted to operate on these channels in non-border areas. ESMR licensees authorized prior to January 21, 2005, may continue to operate, if they so choose, on the channels listed in Table 5. These licensees will be grandfathered indefinitely.

Table 5 - ESMR Category 816-821 MHz Band Channels for Cellular Operations in Non-Border Areas Available Prior to January 21, 2005

[200 Channels]

Spectrum block Channel Nos.
A 511 through 530.
B 531 through 590.
C 591 through 710.

(f) Except as specified in § 90.616, the channels listed in Table 6 of this section are available for operations only to eligibles in the SMR category - which consists of Specialized Mobile Radio (SMR) stations and eligible end users. These frequencies are available in non-border areas. The spectrum blocks listed below are available for EA-based services according to § 90.681.

Table 6 - SMR Category 896-901/935-940 MHz Band Channels

[200 channels]

Block Channel Nos.
A 1-2-3-4-5-6-7-8-9-10
B 21-22-23-24-25-26-27-28-29-30
C 41-42-43-44-45-46-47-48-49-50
D 61-62-63-64-65-66-67-68-69-70
E 81-82-83-84-85-86-87-88-89-90
F 101-102-103-104-105-106-107-108-109-110
G 121-122-123-124-125-126-127-128-129-130
H 141-142-143-144-145-146-147-148-149-150
I 161-162-163-164-165-166-167-168-169-170
J 181-182-183-184-185-186-187-188-189-190
K 201-202-203-204-205-206-207-208-209-210
L 221-222-223-224-225-226-227-228-229-230
M 241-242-243-244-245-246-247-248-249-250
N 261-262-263-264-265-266-267-268-269-270
O 281-282-283-284-285-286-287-288-289-290
P 301-302-303-304-305-306-307-308-309-310
Q 321-322-323-324-325-326-327-328-329-330
R 341-342-343-344-345-346-347-348-349-350
S 361-362-363-364-365-366-367-368-369-370
T 381-382-383-384-385-386-387-388-389-390

(g) In a given NPSPAC region, channels below 471 listed in Tables 2 and 4B which are vacated by licensees relocating to channels 551-830 and which remain vacant after band reconfiguration will be available as indicated in § 90.617(g)(1 through 3). The only exception will be for the counties listed in § 90.614(c). At locations greater then 113 km (70 mi) from the center city coordinates of Atlanta, GA within the counties listed in § 90.614(c), the channels listed in Tables 2A and 4C which are vacated by licensees relocating to channels 411-830 and which remain vacant after band reconfiguration will be available as indicated in § 90.617(g)(1 through 3). At locations within 113 km (70 mi) of the center city coordinates of Atlanta, GA, the channels listed in Tables 2B and 4D which are vacated by licensees relocating to channels 411-830 and which remain vacant after band reconfiguration will be available as follows:

(1) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region;

(2) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region;

(3) Five years after the release of a public notice announcing the completion of band reconfiguration in that region, these channels revert back to their original pool categories.

(h) In a given 800 MHz NPSPAC region - except for the counties listed in § 90.614(c) - channels below 471 listed in Tables 2 and 4B which are vacated by a licensee relocating to channels 511-550 and remain vacant after band reconfiguration will be available as follows:

(1) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region;

(2) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region;

(3) Five years after the release of a public notice announcing the completion of band reconfiguration in that region, these channels revert back to their original pool categories.

(i) Special Mobilized Radio Systems licensees who operate systems, other than 800 MHz high density cellular systems, on any of the public safety channels listed in Table 1 prior to January 21, 2005, are grandfathered and may continue to operate on these channels indefinitely. These grandfathered licensees will be prohibited from operating 800 MHz high density cellular systems as defined in § 90.7. Site-based licensees who are grandfathered on any of the public safety channels listed in Table 1 may modify their license only if they obtain concurrence from a certified public safety coordinator in accordance with § 90.175(c). Grandfathered EA-based licensees, however, are exempt from any of the frequency coordination requirements of § 90.175 as long as their operations remain within the Economic Area defined by their license in accordance with the requirements of § 90.683(a).

(j) Licensees operating 800 MHz high density cellular systems on the channels listed in § 90.614(a), prior to January 21, 2005, may elect to continue operating on these channels and will be permitted to continue operating 800 MHz high density cellular systems (as defined in § 90.7) in this portion of the band. These licensees will be grandfathered indefinitely subject to the provisions of §§ 90.673, 90.674 and 90.675.

(k) Licensees may operate systems other than 800 MHz high density cellular systems (as defined in § 90.7) on Channels 511-550 at any location vacated by an EA-based SMR licensee. For operations on these channels, unacceptable interference (as defined in § 22.970 of this chapter and § 90.672) will be deemed to occur only at sites where the following median desired signals are received (rather than those specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1(i). The minimum required median desired signal, as measured at the R.F. input of the receiver, will be as follows:

(1) Mobile units (except in Puerto Rico and the U.S. Virgin Islands):

(i) For channels 511 to 524 - the minimum median desired signal levels specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) shall apply;

(ii) For channels 524 to 534 - the minimum median desired signal level shall increase linearly from the values specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) to −70 dBm;

(iii) For channels 534 to 550 - the minimum median desired signal level shall increase linearly from −70 dBm to −65 dBm.

(2) Portable units (except in Puerto Rico and the U.S. Virgin Islands):

(i) For channels 511 to 524 - the minimum median desired signal levels specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) shall apply;

(ii) For channels 524 to 530 - the minimum median desired signal level shall increase linearly from the values specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) to −80 dBm;

(iii) For channels 530 to 534 - the minimum median desired signal level shall increase linearly from −80 dBm to −70 dBm;

(iv) For channels 534 to 550 - the minimum median desired signal level shall increase linearly from −70 dBm to −65 dBm.

(3) Mobile units operating in Puerto Rico and the U.S. Virgin Islands:

(i) For channels 511 to 530 - the minimum median desired signal levels specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) shall apply;

(ii) For channels 531 to 534 - the minimum median desired signal level shall increase linearly from −80.2 dBm to −70 dBm;

(iii) For channels 534 to 550 - the minimum median desired signal level shall increase linearly from −70 dBm to −65 dBm.

(4) Portable units operating in Puerto Rico and the U.S. Virgin Islands:

(i) For channels 511 to 530 - the minimum median desired signal levels specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) shall apply;

(ii) For channels 531 to 534 - the minimum median desired signal level shall increase linearly from −80 dBm to −70 dBm;

(iii) For channels 534 to 550 - the minimum median desired signal level shall increase linearly from −70 dBm to −65 dBm.

(l) Applicants may begin to license interstitial pool channels (denoted with an “a” after the channel number) listed in paragraphs (a) through (d) of this section only after the Wireless Telecommunications Bureau and the Public Safety and Homeland Security Bureau jointly release a public notice announcing the availability of those channels for licensing in a National Public Safety Planning Advisory Committee region.

(m) Incumbent licensees in the 470-512 MHz band in the urban areas specified in § 90.303 of the Commission's rules are given priority access over mutually exclusive applicants for a three-year period to all interstitial channel pairs in the public safety pool or the business/industrial/land transportation pool listed above for which they are eligible, provided that any relocating T-Band incumbent must commit to surrendering an equal amount of 470-512 MHz spectrum on a channel-for-channel basis. The three-year period begins on the date these channel pairs become available for licensing in a National Public Safety Planning Advisory Committee region. Priority access applies to any applicant seeking to license a base station within 80 kilometers (50 miles) or mobile units or control stations within 128 kilometers (80 miles) of the geographic center of the urbanized areas listed in § 90.303 of the Commission's rules.

[69 FR 67843, Nov. 22, 2004, as amended at 70 FR 6760, Feb. 8, 2005; 70 FR 76708, Dec. 28, 2005; 72 FR 39760, July 20, 2007; 75 FR 35317, June 22, 2010; 76 FR 11683, Mar. 3, 2011; 81 FR 30201, May 16, 2016; 83 FR 61100, Nov. 27, 2018; 85 FR 41417, July 10, 2020; 85 FR 43140, July 15, 2020]

§ 90.619 Operations within the U.S./Mexico and U.S./Canada border areas.

(a) Use of frequencies in 800 MHz band in Mexico border region. All operations in the 806-824/851-869 MHz band within 110 km (68.35 miles) of the U.S./Mexico border (“Sharing Zone”) shall be in accordance with international agreements between the U.S. and Mexico.

(1) The U.S. and Mexico divide primary access to channels in the Sharing Zone as indicated in Table A1 below.

Table A1 - U.S. and Mexico Primary Channels in Sharing Zone

Channels Primary access
1-360 U.S.
361-610 Mexico.
611-830 U.S.-Mexico Co-Primary.

(2) Stations authorized on U.S. primary channels in the Sharing Zone are subject to the effective radiated power (ERP) and antenna height limits listed below in Table A2.

Table A2 - Limits on Effective Radiated Power (ERP) and Antenna Height

Average of the antenna height above average terrain on standard radials in the direction of the common border
(meters)1
Maximum ERP in any direction toward the common border per 25 kHz
(watts)
0 to 503 500
Above 503 to 609 350
Above 609 to 762 200
Above 762 to 914 140
Above 914 to 1066 100
Above 1066 to 1219 75
Above 1219 to 1371 70
Above 1371 to 1523 65
Above 1523 5

(3) Stations may be authorized on channels primary to Mexico in the Sharing Zone provided the maximum power flux density (PFD) at any point at or beyond the border does not exceed −107 db(W/m2) per 25 kHz of bandwidth. Licensees may exceed this value only if all potentially affected counterpart operators in the other country agree to a higher PFD level.

(4) Stations authorized on U.S.-Mexico co-primary channels in the Sharing Zone are permitted to exceed a maximum power flux density (PFD) of −107 db(W/m2) per 25 kHz of bandwidth at any point at or beyond the border only if all potentially affected counterpart operators of 800 MHz high density cellular systems, as defined in § 90.7, agree.

(5) Channels in the Sharing Zone are available for licensing as indicated in Table A3 to this paragraph (a)(5).

Table A3 - Eligibility Requirements for Channels in Sharing Zone

Channels Eligibility requirements
1-230 Report and Order in Gen. Docket No. 87-112.
231-315a Public Safety Pool.
316-550 General Category.
551-830 Special Mobilized Radio for 800 MHz High Density Cellular.

(i) Channel numbers 1-230 are also available to eligible applicants in the Public Safety Category in the Canada Border Regions. The assignment of these channels will be done in accordance with the policies defined in the Report and Order of Gen. Docket No. 87-112 (See § 90.16). The following channels are available only for mutual aid purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 153. Mobile and portable radios operating on the mutual aid channels shall employ analog FM emission.

(ii) Channels 231-315a are available to applicants eligible in the Public Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels.

(iii) Channels 316-550 are available in the General Category. All entities are eligible for licensing on these channels. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels.

(iv) Channels 551-830 are available to applicants eligible in the SMR category - which consists of Specialized Mobile Radio (SMR) stations and eligible end users. ESMR licensees who employ 800 MHz high density cellular systems, as defined in § 90.7, are permitted to operate on these channels.

(6) Stations located outside the Sharing Zone (i.e. greater than 110 km from the border) are subject to the channel eligibility requirements and provisions listed in §§ 90.615 and 90.617 except that stations in the following counties are exempt from the requirements of paragraph (k) of § 90.617:

California: San Luis Obispo, Kern, San Bernardino, Santa Barbara, Ventura, Los Angeles, Orange and Riverside.

(b) Use of frequencies in 900 MHz Band in Mexico border region. All operations in the 896-901/935-940 MHz band within the Mexico border region shall be in accordance with international agreements between the U.S. and Mexico.

(1) Except as specified in § 90.616, the channels listed in Table 1 of this section are available to applicants eligible in the Industrial/Business Pool of subpart C of this part but exclude Specialized Mobile Radio Systems as defined in § 90.603(c). These frequencies are available within the Mexico border region. Specialized Mobile Radio (SMR) systems will not be authorized on these frequencies. For multi-channel systems, channels may be grouped vertically or horizontally as they appear in the following table. Channels numbered above 200 may be used only subject to the power flux density limits stated in paragraph (a)(2) of this section:

Table 1 - United States/Mexico Border Area, Business/Industrial/Land Transportation Pool 896-901/935-940 MHz Band

[199 Channels]

Channel Nos.
11-12-13-14-15 131-132-133-134-135
16-17-18-19-20 136-137-138-139-140
31-32-33-34-35 231-232-233-234-235
36-37-38-39-40 236-237-238-239-240
51-52-53-54-55 171-172-173-174-175
56-57-58-59-60 176-177-178-179-180
71-72-74-75 271-272-273-274-275
76-77-78-79-80 276-277-278-279-280
91-92-93-94-95 211-212-213-214-215
96-97-98-99-100 216-217-218-219-220
111-112-113-114-115 311-312-313-314-315
116-117-118-119-120 316-317-318-319-320
151-152-153-154-155 351-352-353-354-355
156-157-158-159-160 356-357-358-359-360
191-192-193-194-195 391-392-393-394-395
196-197-198-199-200 396-397-398-399
251-252-253-254-255 331-332-333-334-335
256-257-258-259-260 336-337-338-339-340
291-292-293-294-295 371-372-373-374-375
296-297-298-299-300 376-377-378-379-380

(2) Except as specified in § 90.616, the channels listed in Table 2 of this section are available for operations only to eligibles in the SMR category - which consists of Specialized Mobile Radio (SMR) stations and eligible end users. These frequencies are available in the Mexico border region. The spectrum blocks listed in the table below are available for EA-based services according to § 90.681.

Table 2 - United States-Mexico Border Area, SMR Category 896-901/935-940 MHz Band

[200 Channels]

Block Channel Nos.
A 1-2-3-4-5-6-7-8-9-10
B 21-22-23-24-25-26-27-28-29-30
C 41-42-43-44-45-46-47-48-49-50
D 61-62-63-64-65-66-67-68-69-70
E 81-82-83-84-85-86-87-88-89-90
F 101-102-103-104-105-106-107-108-109-110
G 121-122-123-124-125-126-127-128-129-130
H 141-142-143-144-145-146-147-148-149-150
I 161-162-163-164-165-166-167-168-169-170
J 181-182-183-184-185-186-187-188-189-190
K 201-202-203-204-205-206-207-208-209-210
L 221-222-223-224-225-226-227-228-229-230
M 241-242-243-244-245-246-247-248-249-250
N 261-262-263-264-265-266-267-268-269-270
O 281-282-283-284-285-286-287-288-289-290
P 301-302-303-304-305-306-307-308-309-310
Q 321-322-323-324-325-326-327-328-329-330
R 341-342-343-344-345-346-347-348-349-350
S 361-362-363-364-365-366-367-368-369-370
T 381-382-383-384-385-386-387-388-389-390

(3) The specific channels that are available for licensing in the band 896-901/935-940 MHz within the Mexico border region are subject to Effective Radiated Power (ERP) and Antenna Height limitations as indicated in Table 3 below.

Table 3 - Limits of Effective Radiated Power (ERP) Corresponding to Antenna Heights of Base Stations in the 896-901/935-940 MHz Bands Within 110 Kilometers (68.4 Miles) of the Mexican Border

Antenna height above mean sea level ERP in watts
(maximum)
Meters Feet
0-503 0-1650 500
504-609 1651-2000 350
610-762 2001-2500 200
764-914 2501-3000 140
915-1066 3001-3500 100
1067-1219 3501-4000 75
1220-1371 4000-4500 70
1372-1523 4501-5000 65
Above 1523 Above 5000 5

(4) All channels in the 896-901/935-940 MHz band are available for assignment to U.S. stations within the Mexico border region if the maximum power flux density (pfd) of the station's transmitted signal at any point at or beyond the border does not exceed −107 dB (W/m2). The spreading loss must be calculated using the free space formula taking into account any antenna discrimination in the direction of the border. Authorizations for stations using channels allotted to Mexico on a primary basis will be secondary to Mexican operations and conditioned to require that licensees take immediate action to eliminate any harmful interference resulting from the station's transmitted signal exceeding −107 dB (W/m2).

(c) Use of 800 MHz Band in Canada Border Region. All operations in the 806-824/851-869 MHz band within 140 km (87 miles) of the U.S./Canada border (“U.S./Canada border area”) shall be in accordance with international agreements between the U.S. and Canada.

(1) The U.S./Canada border area is divided into the following geographical regions (“Canada Border Regions”). U.S. primary channels are shown in the table by region. The remaining channels are primary to Canada (“Canada Primary channels”).

Table C1 - Geographical Regions

Region Location (longitude) U.S. primary channels
1 66° W-71° W (0-100 km from border) 1-260, 561-710, 772-790 and 792-830.
2 71° W-80°30′ W (0-100 km from border) 1-170, 621-710 and 795-830.
3 80°30′ W-85° W (0-100 km from border) 1-320, 501-710, 729-730, 732-750, 752-770, 772-790 and 792-830.
4 85° W-121°30′ W (0-100 km from border) 1-260, 561-710, 772-790 and 792-830.
5 121°30′ W-127° W (0-140 km from border) 1-260, 561-710, 772-790 and 792-830.
6 127° W-143° W (0-100 km from border) 1-260, 561-710, 772-790 and 792-830.
7A 66° W-71° W (100-140 km from border) 1-830.
7A 80°30′ W-121°30′ W (100-140 km from border) 1-830.
7B 71° W-80°30′ W (100-140 km from border) 1-830.
8 127° W-143° W (100-140 km from border) 1-830.

(2) Stations authorized on U.S. primary channels in all Canada Border Regions, except Region 5, will be subject to the Effective Radiated Power (ERP) and Effective Antenna Height (EAH) limitations listed in Table C2. The Effective Antenna Height is calculated by subtracting the Assumed Average Terrain Elevation (AATE) listed in Table C3 from the antenna height above mean sea level.

Table C2 - Limits of Effective Radiated Power (ERP) Corresponding to Effective Antenna Heights (EAH) for Regions 1, 2, 3, 4, 6, 7 and 8

Effective Antenna Height (EAH) ERP watts
(maximum)
Metres Feet
0-152 0-500 500
153-305 501-1000 125
306-457 1001-1500 40
458-609 1501-2000 20
610-914 2001-3000 10
915-1066 3001-3500 6
Above 1967 Above 3501 5

Table C3 - Assumed Average Terrain Elevation (AATE) Along the U.S.-Canada Border

Longitude (Φ)
(°West)
Latitude (Ω)
(°North)
Assumed average terrain elevation
United States Canada
Feet Metres Feet Metres
65 ≤Φ <69 Ω <45 0 0 0 0
45 ≤Ω <46 300 91 300 91
Ω ≥46 1000 305 1000 305
69 ≤Φ <73 All 2000 609 1000 305
73 ≤Φ <74 500 152 500 152
74 ≤Φ <78 250 76 250 76
78 ≤Φ <80 Ω <43 250 76 250 76
Ω ≥43 500 152 500 152
80 ≤Φ <90 All 600 183 600 183
90 ≤Φ <98 1000 305 1000 305
98 ≤Φ <102 1500 457 1500 457
102 ≤Φ <108 2500 762 2500 762
108 ≤Φ <111 3500 1066 3500 1066
111 ≤Φ <113 4000 1219 3500 1066
113 ≤Φ <114 5000 1524 4000 1219
114 ≤Φ <121.5 3000 914 3000 914
121.5 ≤Φ <127 0 0 0 0
Φ ≥127 54 ≤Ω <56 0 0 0 0
56 ≤Ω <58 500 152 1500 457
58 ≤Ω <60 0 0 2000 609
60 ≤Ω <62 4000 1219 2500 762
62 ≤Ω <64 1600 488 1600 488
64 ≤Ω <66 1000 305 2000 609
66 ≤Ω <68 750 228 750 228
68 ≤Ω <69.5 1500 457 500 152
Ω ≥69.5 0 0 0 0

(3) Stations authorized on U.S. primary channels in Canada Border Region 5 will be subject to the Effective Radiated Power (ERP) and Antenna Height Above Mean Sea Level limitations listed in Table C4.

Table C4 - Limits of Effective Radiated Power (ERP) Corresponding to Antenna Height Above Mean Sea Level for Region 5

Antenna Height Above Mean Sea Level ERP Watts
(maximum)
Metres Feet
0-503 0-1650 500
504-609 1651-2000 350
610-762 2001-2500 200
763-914 2501-3000 140
915-1066 3001-3500 100
1067-1219 3501-4000 75
1220-1371 4001-4500 70
1372-1523 4501-5000 65
Above 1523 Above 5000 5

(4) Stations may be authorized on Canada Primary channels in the Canada Border Regions provided the maximum power flux density (PFD) per 25 kHz at or beyond the border does not exceed −107 dB(W/m2). Stations authorized on Canada Primary channels will be secondary to stations in Canada unless otherwise specified in an international agreement between the U.S. and Canada.

(5) Stations authorized to operate within 30 kilometers of the center city coordinates listed in Table C5 may operate according to the band plan for Canadian Border Regions 7A and 7B as indicated below.

Table C5 - Cities That Are Considered To Fall Within Candian Border Region 7

Location Coordinates Canadian border region
Latitude Longitude
Akron, Ohio 41°05′00.2″ N 81°30′39.4″ W 7A
Youngstown, Ohio 41°05′57.2″ N 80°39′01.3″ W 7A
Syracuse, New York 43°03′04.2″ N 76°09′12.7″ W 7B

(6) The channels listed in Table C6 and paragraph (c)(6)(i) of this section are available in the Canada Border Regions for non-cellular operations to eligible applicants in the Public Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels.

Table C6 - Public Safety Pool 806-816/851-861 MHz Band Channels in the Canada Border Regions

Canada border region Channel Nos. Total
(channels)
Regions 1, 4, 5 and 6 231-260a 60
Region 2 See paragraph (c)(6)(i) of this section
Region 3 231-320a, 501-508a 180
Regions 7A and 8 269, 289, 311, 399, 439, 270, 290, 312, 400, 440, 279, 299, 319, 339, 359, 280, 300, 320, 340, 360, 309, 329, 349, 369, 389, 310, 330, 350, 370, 390, 313, 353, 393, 441, 461, 314, 354, 394, 448, 468, 321, 341, 361, 381, 419, 328, 348, 368, 388, 420, 351, 379, 409, 429, 449, 352, 380, 410, 430, 450, 391, 392, 401, 408, 421, 428, 459, 460, 469, 470 139
269a, 289a, 311a, 399a, 439a, 270a, 290a, 312a, 400a, 440a, 279a, 299a, 319a, 339a, 359a, 280a, 300a, 320a, 340a, 360a, 309a, 329a, 349a, 369a, 389a, 310a, 330a, 350a, 370a, 390a, 313a, 353a, 393a, 441a, 461a, 314a, 354a, 394a, 448a, 468a, 321a, 341a, 361a, 381a, 419a, 328a, 348a, 368a, 388a, 420a, 351a, 379a, 409a, 429a, 449a, 352a, 380a, 410a, 430a, 450a, 391a, 392a, 401a, 408a, 421a, 428a, 459a, 460a, 469a
Region 7B 231-260, 269, 289, 311, 399, 439, 270, 290, 312, 400, 440, 279, 299, 319, 339, 359, 280, 300, 320, 340, 360, 309, 329, 349, 369, 389, 310, 330, 350, 370, 390, 313, 353, 393, 441, 461, 314, 354, 394, 448, 468, 315, 355, 395, 435, 475, 316, 356, 396, 436, 476, 317, 357, 397, 437, 477, 318, 358, 398, 438, 478, 321, 341, 361, 381, 419, 328, 348, 368, 388, 420, 331, 371, 411, 451, 491, 332, 372, 412, 452, 492, 333, 373, 413, 453, 493, 334, 374, 414, 454, 494, 335, 375, 415, 455, 495, 336, 376, 416, 456, 496, 337, 377, 417, 457, 497, 338, 378, 418, 458, 498, 351, 379, 409, 429, 449, 352, 380, 410, 430, 450, 391, 392, 401, 408, 421, 428, 459, 460, 469, 470, 431, 432, 433, 434, 471, 472, 473, 474, 479, 480 339
231a-260a, 269a, 289a, 311a, 399a, 439a, 270a, 290a, 312a, 400a, 440a, 279a, 299a, 319a, 339a, 359a, 280a, 300a, 320a, 340a, 360a, 309a, 329a, 349a, 369a, 389a, 310a, 330a, 350a, 370a, 390a, 313a, 353a, 393a, 441a, 461a, 314a, 354a, 394a, 448a, 468a, 315a, 355a, 395a, 435a, 475a, 316a, 356a, 396a, 436a, 476a, 317a, 357a, 397a, 437a, 477a, 318a, 358a, 398a, 438a, 478a, 321a, 341a, 361a, 381a, 419a, 328a, 348a, 368a, 388a, 420a, 331a, 371a, 411a, 451a, 491a, 332a, 372a, 412a, 452a, 492a, 333a, 373a, 413a, 453a, 493a, 334a, 374a, 414a, 454a, 494a, 335a, 375a, 415a, 455a, 495a, 336a, 376a, 416a, 456a, 496a, 337a, 377a, 417a, 457a, 497a, 338a, 378a, 418a, 458a, 498a, 351a, 379a, 409a, 429a, 449a, 352a, 380a, 410a, 430a, 450a, 391a, 392a, 401a, 408a, 421a, 428a, 459a, 460a, 469a, 431a, 432a, 433a, 434a, 471a, 472a, 473a, 474a, 479a, 480a

(i) Channel numbers 1-230 are also available to eligible applicants in the Public Safety Category in the Canada Border Regions. The assignment of these channels will be done in accordance with the policies defined in the Report and Order of Gen. Docket No. 87-112 (See § 90.16). The following channels are available only for mutual aid purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 153. Mobile and portable radios operating on the mutual aid channels shall employ analog FM emission.

(ii) [Reserved]

(7) The channels listed in Table C7 are available in the Canada Border Regions for the General Category. All entities will be eligible for licensing on these channels. 800 MHz high density cellular systems as defined in § 90.7 are permitted on these channels only as indicated in Table C7. The channels noted for Regions 1, 2, 3, 4, 5 and 6 where high density cellular systems are prohibited are all frequencies that are primary to Canada. Stations may be licensed on these Canada Primary channels according to paragraph (c)(4) of this section.

Table C7 - General Category 806-821/851-866 MHz Band Channels in the Canada Border Regions

Canada border region General category channels where 800 MHz high density cellular
systems are
prohibited
General category channels where 800 MHz high density cellular
systems are
permitted
Regions 1, 4, 5 and 6 261-560 561-710
Region 2 231-620 621-710
Region 3 321-500a 509-710
Regions 7A and 8 231-260a, 511-550 None
Region 7B 511-550 None

(8) The channels listed in Table C8 are available in the Canada Border Regions to applicants eligible in the Industrial/Business Pool of subpart C of this part but exclude Special Mobilized Radio Systems as defined in § 90.603(c). 800 MHz cellular high density systems as defined in § 90.7 are prohibited on these channels.

Table C8 - Business/Industrial/Land Transportation Pool 806-816/851-861 MHz Band Channels in the Canada Border Regions

Canada border region Channel Nos. Total
(channels)
Regions 1, 2, 3, 4, 5 and 6 None 0
Regions 7A, 7B and 8 261, 271, 281, 291, 301, 262, 272, 282, 292, 302, 263, 273, 283, 293, 303, 264, 274, 284, 294, 304, 265, 275, 285, 295, 305, 266, 276, 286, 296, 306, 267, 277, 287, 297, 307, 268, 278, 288, 298, 308, 322, 362, 402, 442, 482, 323, 363, 403, 443, 483, 324, 364, 404, 444, 484, 325, 365, 405, 445, 485, 326, 366, 406, 446, 486, 327, 367, 407, 447, 487, 342, 382, 422, 462, 502, 343, 383, 423, 463, 503, 344, 384, 424, 464, 504, 345, 385, 425, 465, 505, 346, 386, 426, 466, 506, 347, 387, 427, 467, 507 200
261a, 271a, 281a, 291a, 301a, 262a, 272a, 282a, 292a, 302a, 263a, 273a, 283a, 293a, 303a, 264a, 274a, 284a, 294a, 304a, 265a, 275a, 285a, 295a, 305a, 266a, 276a, 286a, 296a, 306a, 267a, 277a, 287a, 297a, 307a, 268a, 278a, 288a, 298a, 308a, 322a, 362a, 402a, 442a, 482a, 323a, 363a, 403a, 443a, 483a, 324a, 364a, 404a, 444a, 484a, 325a, 365a, 405a, 445a, 485a, 326a, 366a, 406a, 446a, 486a, 327a, 367a, 407a, 447a, 487a, 342a, 382a, 422a, 462a, 502a, 343a, 383a, 423a, 463a, 503a, 344a, 384a, 424a, 464a, 504a, 345a, 385a, 425a, 465a, 505a, 346a, 386a, 426a, 466a, 506a, 347a, 387a, 427a, 467a, 507a

(9) The channels listed in Table C9 are available in the Canada Border Regions to applicants eligible in the SMR category - which consists of Specialized Mobile Radio (SMR) stations and eligible end users. 800 MHz high density cellular systems, as defined in § 90.7, are prohibited on these channels.

Table C9 - SMR Category 806-816/851-861 MHz Channels Available for Site-Based Licensing in the Canada Border Regions

Canada border region Channel Nos. Total
(channels)
Regions 1, 2, 3, 4, 5 and 6 None 0
Regions 7A and 8 315, 355, 395, 435, 475, 316, 356, 396, 436, 476, 317, 357, 397, 437, 477, 318, 358, 398, 438, 478, 331, 371, 411, 451, 491, 332, 372, 412, 452, 492, 333, 373, 413, 453, 493, 334, 374, 414, 454, 494, 335, 375, 415, 455, 495, 336, 376, 416, 456, 496, 337, 377, 417, 457, 497, 338, 378, 418, 458, 498, 431, 432, 433, 434, 471, 472, 473, 474, 479, 480, 481, 488, 489, 490, 499, 500, 501, 508, 509, 510 160
315a, 355a, 395a, 435a, 475a, 316a, 356a, 396a, 436a, 476a, 317a, 357a, 397a, 437a, 477a, 318a, 358a, 398a, 438a, 478a, 331a, 371a, 411a, 451a, 491a, 332a, 372a, 412a, 452a, 492a, 333a, 373a, 413a, 453a, 493a, 334a, 374a, 414a, 454a, 494a, 335a, 375a, 415a, 455a, 495a, 336a, 376a, 416a, 456a, 496a, 337a, 377a, 417a, 457a, 497a, 338a, 378a, 418a, 458a, 498a, 431a, 432a, 433a, 434a, 471a, 472a, 473a, 474a, 479a, 480a, 481a, 488a, 489a, 490a, 499a, 500a, 501a, 508a, 509a, 510a
Region 7B 481, 488, 489, 490, 499, 500, 501, 508, 509, 510. 20
481a, 488a, 489a, 490a, 499a, 500a, 501a, 508a, 509a, 510a.

(10) The channels listed in Table C10 are available in the Canada Border Regions to applicants eligible in the SMR category - which consists of Specialized Mobile Radio (SMR) stations and eligible end users. ESMR licensees who employ 800 MHz high density cellular systems, as defined in § 90.7, are permitted to operate on these channels. Some of the channels listed in Table C10 are primary to Canada as indicated in paragraph (c)(1) of this section. ESMR systems may be authorized on these Canada Primary channels according to paragraph (c)(4) of this section.

Table C10 - ESMR Category 817-824/862-869 MHz Channels Available for 800 MHz High Density Systems

Canada Border Region Channel Nos. Total
Regions 1, 2, 3, 4, 5 and 6 711-830 120 Channels.
Regions 7A, 7B and 8 551-830 280 Channels.

(11) In Canada Border Regions 1, 2, 3, 4, 5 and 6, the following General Category channels are available for licensing to all entities except as described below in paragraphs (c)(11)(i) and (c)(11)(ii): in Regions 1, 4, 5 and 6, channels 261-560; in Region 2, channels 231-620 and in Region 3, channels 321-500.

(i) In a given 800 MHz NPSPAC region, the General Category channels listed paragraph (c)(11) of this section which are vacated by licensees relocating to channels 711-830 and which remain vacant after band reconfiguration will be available for licensing as follows:

(A) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region;

(B) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region; and

(C) To all entities five years after release of a public notice announcing the completion of band reconfiguration in that region.

(ii) The General Category channels listed in paragraph (c)(11) of this section are primary to Canada. Stations may be authorized on these Canada Primary channels according to paragraph (c)(4).

(12) In Canada Border Regions 7A, 7B and 8, the following channels will be available as described in paragraphs (c)(12)(i) and (c)(12)(ii) of this section: for Canada Border Regions 7A and 8, channels 231-260 and channels below 471 in Tables C8 and C9; for Canada Border Region 7B all channels in Tables C8 and C9.

(i) In a given 800 MHz NPSPAC region, the channels listed paragraph (c)(12) of this section which are vacated by licensees relocating to channels 511-830 and which remain vacant after band reconfiguration will be available as follows:

(A) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region; and

(B) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region.

(ii) Five years after the release of a public notice announcing the completion of band reconfiguration in a given 800 MHz NPSPAC region, the channels listed in paragraph (c)(12) of this section will revert back to their original pool categories.

(d) Use of 900 MHz Band in Canada Border Region. All operations in the 896-901/935-940 MHz band within the Canada border region shall be in accordance with international agreements between the U.S. and Canada. The following criteria shall govern the assignment of frequency pairs (channels) in the 896-901/935-940 MHz band for stations located in the U.S./Canada border area. They are available for assignments for conventional or trunked systems in accordance with applicable sections of this subpart.

(1) Except as specified in § 90.616, channels 1-399, as listed in § 90.613 table of 896-901/935-940 MHz Channel Designations, are available to eligible applicants for use in the U.S./Canada border area as shown in table 27.

Table 27 - Channels in the 896-901/935-940 MHz Frequency Bands Available in the U.S./Canada Border Area

Region Location (longitude) Channels
1 66° W-71° W. (0-100 km from border) 1-200, 398, 399
2 71° W-80°30′ W (0-100 km from border) 1-120
3 80°30′ W-85° W (0-100 km from border) 1-340
4 85° W-121°30′ W (0-100 km from border) 1-200, 398, 399
5 121°30′ W-127° W (0-140 km from border) 1-200, 398, 399
6 127° W-143° W (0-100 km from border) 1-200, 398, 399
7 66° W-121°30′ W (100-140 km from border) 1-399
8 127° W-143° W (100-140 km from border) 1-399

(2) All frequency assignments made pursuant to paragraph (d)(1) of this section shall comply with the requirements of § 90.619(b).

(3) In Region 5, except as specified in § 90.616, channels 201-397 may be authorized in the United States under the following conditions:

(i) An assignment may be made if the predicted power flux density (PFD) of a proposed station's signal does not exceed −107 dBW/m2 at the border. The prediction of the PFD is calculated based upon a modified Longley-Rice point-to-point propagation model with time and location variabilities of 10 percent[3] and 3-second digitized terrain date[4] .

(ii) Authorizations for Channels 201-397 in Region 5 are secondary to Canadian operations and conditioned to require that licensees take immediate action to eliminate any harmful interference resulting from the station's transmitted signal exceeding −107 dBW/m2 at or beyond the U.S./Canada border.

(4) Except as specified in § 90.616, channel assignments for stations to be located in the geographical area in Region 1 enclosed by the United States-Canada border, the meridian 71° W and the line beginning at the intersection of 44°25′ N, 71° W, then running by great circle arc to the intersection of 45° N, 70° W, then North along meridian 70° W to the intersection of 45°45′ N, then running West along 45°45′ N to the intersection of the United States-Canada border, will be only for channels 121 through 160, inclusive, and will be limited to assignments with 11 kHz or less necessary bandwidth. Coordination with Canada will be required for these channels.

(5) Except as specified in § 90.616, channel assignments for stations to be located in the geographical area in Region 3 enclosed by the meridian of 81° W longitude, the arc of a circle of 100 km radius centered at 42°39′30″ N latitude and 81° W longitude at the northern shore of Lake Erie and drawn clockwise from the southerly intersection with 80°30′ W longitude to intersect the United States-Canada border West of 81° W, and the United States-Canada border, will be only for channels 121 through 230, inclusive, and will be limited to assignments with 11 kHz or less necessary bandwidth. Coordination with Canada will be required for these channels. U.S. stations must protect Canadian stations operating on channels 121 through 230 within an area of 30 km radius from the center city coordinates (referenced to North American Datum 1983 (NAD83)) of London, Ontario (42°59′00.1″ N, 81°13′59.5″ W).

(6) Additional channels available: Except as specified in § 90.616, the channels listed in table 28 are available for assignment in Regions 1-6 if the maximum power flux density (PFD) of the station's transmitted signal does not exceed the limits specified in tables 29 and 30 in this section. The spreading loss shall be calculated using the free space formula taking into account any antenna discrimination in the direction of the border.

Table 28 - Additional Channels Available

[Regions 1-6]

Region Channel No.'s Effective radiated power
1 201-397 See Table 29
2 121-399 See Table 29
3 341-399 See Table 29
4 201-397 See Table 29
5 201-397 See Table 30
6 201-397 See Table 29

Authorizations for stations using these channels will be secondary to Canadian operations and conditioned to require that licensees take immediate action to eliminate any harmful interference resulting from the station's transmitted signal exceeding the values specified in tables 29 or 30 at or beyond the U.S./Canada border.

Table 29 - Maximum Power Flux Density (PFD) at the U.S./Canada Border Corresponding to Effective Antenna Height

[Regions 1, 2, 3, 4, and 6]

Effective antenna height (EAH) PFD (dBW/m2)
Feet Meters
0-500 0-152 −84
501-1000 153-305 −90
1001-1500 306-457 −95
1501-2000 458-609 −98
2001-2500 610-762 −101
2501-3000 763-914 −101
3001-3500 915-1066 −103
3501-4000 1067-1219 −104
Above 4000 Above 1219 −104

Table 30 - Maximum Power Flux Density (PFD) at the U.S./Canada Border Corresponding to Antenna Height Above Mean Sea Level

[Region 5]

Antenna height above mean sea level PFD (dBW/m2)
Feet Meters
0-1650 0-503 −87.0
1651-2000 504-609 −88.5
2001-2500 610-762 −91.0
2501-3000 763-914 −92.5
3001-3500 915-1066 −94.0
3501-4000 1067-1219 −95.0
4001-4500 1220-1371 −95.5
4501-5000 1372-1523 −96.0
Above 5000 Above 1523 −107.0

[47 FR 41032, Sept. 16, 1982; 47 FR 41045, Sept. 16, 1982]

§ 90.621 Selection and assignment of frequencies.

(a) Applicants for frequencies in the Public Safety and Business/Industrial/Land Transportation Categories must specify on the application the frequencies on which the proposed system will operate pursuant to a recommendation by the applicable frequency coordinator. Applicants for frequencies in the SMR Category must request specific frequencies by including in their applications the frequencies requested.

(1) For trunked systems, the assignment of frequencies will be made in accordance with applicable loading criteria and in accordance with the following:

(i) Channels will be chosen and assigned in accordance with §§ 90.615, 90.617, or 90.619.

(ii) A mobile station is authorized to transmit on any frequency assigned to its associated base station.

(iii) There are no limitations on the number of frequencies that may be trunked. Authorizations for non-SMR stations may be granted for up to 20 trunked frequency pairs at a time in accordance with the frequencies listed in §§ 90.615, 90.617, and 90.619.

(2) For conventional systems the assignment of frequencies will be made in accordance with applicable loading criteria. Accordingly, depending upon the number of mobile units to be served, an applicant may either be required to share a channel, or, if an applicant shows a sufficient number of mobile units to warrant the assignment of one or more channels for its exclusive use, it may be licensed to use such channel or channels on an unshared basis in the area of operation specified in its application.

(i) Channels will be chosen and assigned in accordance with §§ 90.615, 90.617, or 90.619.

(ii) A mobile station is authorized to transmit on any frequency assigned to its associated base station.

(b) Stations authorized on frequencies listed in this subpart, except for those stations authorized pursuant to paragraph (g) of this section and EA-based and MTA-based SMR systems, will be assigned co-channel frequencies solely on the basis of distance between fixed stations. In addition, contour overlap as detailed in paragraph (d) of this section will be the basis for geographic separation between fixed stations operating on adjacent-channel frequencies in the 809-817 MHz/854-862 MHz sub-band, except where such fixed stations meet the distance separation criteria set out in this paragraph (b).

(1) Except as indicated in paragraph (b)(4) of this section, no station in Channel Blocks A through V shall be less than 169 km (105 mi) distant from a co-channel station that has been granted channel exclusivity and authorized 1 kW ERP on any of the following mountaintop sites: Santiago Peak, Sierra Peak, Mount Lukens, Mount Wilson (California). Except as indicated in paragraph (b)(4) of this section, no incumbent licensee in Channel Blocks F1 through V that has received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBµV/m signal strength interference contour shall be less than 229 km (142 mi) distant from a co-channel station that has been granted channel exclusivity and authorized 1 kW ERP on any of the following mountaintop sites: Santiago Peak, Sierra Peak, Mount Lukens, Mount Wilson (California).

(2) The separation between co-channel stations that have been granted exclusivity and that are located at high sites in California north of 35° N Latitude and west of 118° W Longitude shall be determined as follows:

(i) Required co-channel separations between common antenna sites are given by table 1. A channel group assigned to a station on a site listed in the vertical column may not be re-assigned to a station on a site listed in the horizontal column if there is an “X” in the box created by the intersection of the vertical and horizontal lines. The geographic coordinates listed in the table represent an average for each particular site; all locations within 1.6 km (1 mi) of the coordinates will be considered to be at that site.

(ii) Required co-channel separations involving antenna sites not listed in table 1 shall be determined by Commission staff on a case by case basis. The interference potential of proposed assignments will be evaluated considering parameters such as antenna height, effective radiated power, terrain irregularities, and market conditions.

(3) Except as indicated in paragraph (b)(4) of this section, stations in Channel Blocks A through V that have been granted channel exclusivity and are located in the State of Washington at the locations listed in the table below shall be separated from co-channel stations by a minimum of 169 km (105 mi). Except as indicated in paragraph (b)(4) of this section, incumbent licensees in Channel Blocks F1 through V that have received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBµV/m signal strength interference contour, have been granted channel exclusivity and are located in the State of Washington at the locations listed in the table below shall be separated from co-channel stations by a minimum of 229 km (142 mi). Locations within one mile of the geographical coordinates listed in the table below will be considered to be at that site.

Note:

Coordinates are referenced to North American Datum 1983 (NAD83).

Site name North latitude West longitude
Mount Constitution 48° 40′ 47.4″ 122° 50′ 28.7″
Lyman Mountain 48° 35′ 41.4″ 122° 09′ 39.6″
Cultus Mountain 48° 25′ 30.4″ 122° 08′ 58.5″
Gunsite Ridge 48° 03′ 22.4″ 121° 51′ 41.5″
Gold Mountain 47° 32′ 51.3″ 122° 46′ 56.5″
Buck Mountain 47° 47′ 05.3″ 122° 59′ 34.6″
Cougar Mountain 47° 32′ 39.4″ 122° 06′ 34.4″
Squak Mountain 47° 30′ 14.4″ 122° 03′ 34.4″
Tiger Mountain 47° 30′ 13.4″ 121° 58′ 32.4″
Devils Mountain 48° 21′ 52.4″ 122° 16′ 06.6″
McDonald Mountain 47° 20′ 11.3″ 122° 51′ 30.5″
Maynard Hill 48° 00′ 58.3″ 122° 55′ 35.6″
North Mountain 47° 19′ 07.3″ 123° 20′ 48.6″
Green Mountain 47° 33′ 40.3″ 122° 48′ 31.5″
Capitol Peak 46° 58′ 21.3″ 123° 08′ 21.5″
Rattlesnake Mountain 47° 28′ 09.4″ 121° 49′ 17.4″
Three Sisters Mountain 47° 07′ 19.4″ 121° 53′ 34.4″
Grass Mountain 47° 12′ 14.1″ 121° 47′ 42.4″
Spar Pole Hill 47° 02′ 51.4″ 122° 08′ 39.4″

(4) Upon an applicant's specific request to the Commission or a frequency coordinator, co-channel stations may be separated by less than 113 km (70 mi) by meeting certain transmitter ERP and antenna height criteria. The following table indicates separations assignable to such co-channel stations for various transmitter power and antenna height combinations. The minimum separation permitted is 88 km (55 mi). Applicants will provide the Commission with a statement that the application is submitted for consideration under the table, a list of all co-channel stations within 113 km (70 mi), and the DHAATs and ERPs for these stations and the applicant's proposed station. Applicants seeking to be licensed for stations located at distances less than those prescribed in the table are required to secure a waiver and must submit with the application, in addition to the above, an interference analysis, based upon any of the generally-accepted terrain-based propagation models, that shows that co-channel stations would receive the same or greater interference protection than provided in the table. Requests for separations less than 88 km (55 mi) must also include an analysis of interference potential from mobile transmitters to existing co-channel base station receivers. Applicants seeking a waiver must submit with their application a certificate of service indicating that concurrent with the submission of the application to the Commission or a coordinator, all co-channel licensees within the applicable area were served with a copy of the application and all attachments thereto. Licensees thus served may file an opposition to the application within 30 days from the date the application is filed with the Commission.

(i) The directional height of the antenna above average terrain (DHAAT) is calculated from the average of the antenna heights above average terrain from 3 to 16 km (2 to 10 mi) from the proposed site along a radial extending in the direction of the existing station and the radials 15 degrees to either side of that radial.

(ii) Except for the sites listed in paragraphs (b)(1), (b)(2), and (b)(3) of this section, additional co-channel distance separation must be afforded to an existing station from an applicant wishing to locate a station less than 113 km (70 mi) from a co-channel station, where either the applicant's or the existing station is located at sites with DHAATs of 458 m (1500 ft) and above. The separation between short-spaced co-channel stations shall be determined as follows:

(A) Calculate the DHAAT in each direction between every existing co-channel station with 113 km (70 mi) and the proposed station.

(B) In the table, locate the approximate ERP and DHAAT values for the proposed and existing stations.

(C) When DHAAT values are greater than 458 m (1500 ft), use the required separation for 305 m (1000 ft) and add 1.6 km (1 mi) for every 30.5 km (100 ft), or increment thereof, of DHAAT above 458 m (1500 ft) to the distance indicated in the table. If both the proposed existing stations have DHAATs of 458 m (1500 ft) or more, the additional distance is separately determined for each station and the combined distance is added to the distance obtained from the table. Protection to existing stations will be afforded only up to 113 km (70 mi).

Short-Spacing Separation Table

Proposed station ERP (watts)/DHAAT(m)3 Distance between stations (km)1 2
Existing station DHAAT (meters)3
305 215 150 108 75 54 37
1000/305 113 113 113 113 113 113 113
1000/215 113 113 113 113 113 113 110
1000/150 113 113 113 113 112 108 103
1000/108 113 113 113 110 107 103 98
1000/75 113 112 108 103 100 96 91
1000/54 113 109 105 100 97 93 88
1000/37 109 104 100 95 92 88 88
500/305 113 113 113 113 113 113 110
500/215 113 113 113 112 109 105 100
500/150 113 112 108 103 100 96 91
500/108 112 107 103 98 95 91 88
500/75 107 102 98 93 90 88 88
500/54 103 98 94 89 88 88 88
500/37 99 94 90 88 88 88 88
250/305 113 113 113 112 109 105 100
250/215 113 113 107 102 99 95 90
250/150 109 104 100 95 92 88 88
250/108 105 100 96 91 88 88 88
250/75 99 94 90 88 88 88 88
250/54 95 90 88 88 88 88 88
250/37 91 88 88 88 88 88 88
125/305 113 111 107 102 99 95 90
125/215 108 103 99 94 91 88 88
125/150 103 98 94 89 88 88 88
125/108 98 93 89 88 88 88 88
125/75 93 88 88 88 88 88 88
125/54 88 88 88 88 88 88 88
125/37 88 88 88 88 88 88 88
62/305 108 103 99 94 91 88 88
62/215 103 98 94 89 88 88 88
62/150 97 92 88 88 88 88 88
62/108 92 88 88 88 88 88 88
62/75 88 88 88 88 88 88 88
62/54 88 88 88 88 88 88 88
62/37 88 88 88 88 88 88 88

(5) The separation between co-channel systems may be less than the separations defined above if an applicant submits with its application letters of concurrence indicating that the applicant and each co-channel licensee within the specified separation agree to accept any interference resulting from the reduced separation between their systems. Each letter from a co-channel licensee must certify that the system of the concurring licensee is constructed and fully operational. The applicant must also submit with its application a certificate of service indicating that all concurring co-channel licensees have been served with an actual copy of the application.

(6) A station located closer than the distances provided in this section to a co-channel station that was authorized as short-spaced under paragraph (b)(4) of this section shall be permitted to modify its facilities as long as the station does not extend its 22 dBu contour beyond its maximum 22 dBu contour (i.e., the 22 dBu contour calculated using the station's maximum power and antenna height at its original location) in the direction of the short-spaced station.

(7) Offset frequencies in the 811-821/856-866 MHz band for use only within U.S./Mexico border area, as designated in § 90.619(a), shall be considered co-channel with non-offset frequencies in this band as designated in § 90.613. New applications for frequencies in this band for stations adjacent to the U.S./Mexico border area must comply with the co-channel separation provisions of this section.

(c) Conventional systems authorized on frequencies in the Public Safety (except for those systems that have participated in a formal regional planning process as described in § 90.16) and Business/Industrial/Land Transportation categories which have not met the loading levels necessary for channel exclusivity will not be afforded co-channel protection.

(d) Geographic separation between fixed stations operating on adjacent channels in the 809-817/854-862 MHz Mid-Band segment must be based on lack of contour overlap as detailed in paragraphs (d)(1) through (4), unless the co-channel distance separation criteria in paragraph (b) of this section are met.

(1) Forward contour analysis. An applicant seeking to license a fixed station on a channel in the 809-817 MHz/854-862 MHz band segment will only be granted if the applicant's proposed interference contour creates no overlap with the 40 dBu F(50,50) contour of an incumbent operating a fixed station on an upper- or lower-adjacent channel. The applicant's interference contour is determined using the dBu level listed in the appropriate table in paragraph (d)(3) of this section. For this analysis the applicant shall plot the interference contour of its proposed fixed station at its proposed ERP but assume that any adjacent-channel incumbent licensee is operating at the maximum permitted ERP for the licensed antenna height.

(2) Reciprocal contour analysis. In addition to the contour analysis described in paragraph (d)(1) of this section, any applicant seeking to license a fixed station on a channel in the 809-817 MHz/854-862 MHz band segment must also pass a reciprocal contour analysis. Under the reciprocal analysis, the interference contour, F(50,10) of an incumbent operating a fixed station on an upper- or lower-adjacent channel must create no contour overlap with the proposed 40 dBu F(50,50) contour of the applicant's fixed station. The incumbent's interference contour is determined using the dBu level listed in the appropriate table in paragraph (d)(3) of this section. For this analysis the applicant shall plot the coverage contour of its fixed station, F(50,50), at its proposed ERP and antenna height above average terrain but plot the interference contour, F(50,10), of any adjacent-channel incumbent licensee at its maximum permitted ERP for the licensed antenna height.

(3) Contour matrix. Interference contour levels for the contour analysis described in paragraphs (d)(1) and (2) of this section are determined using Table 4 or Table 5 to this paragraph (d)(3). Table 4 is used to determine the interference contour F(50,10) level of a fixed station operating on a 12.5 kilohertz bandwidth channel while Table 5 is used to determine the interference contour F(50,10) level of a fixed station operating on a 25 kilohertz bandwidth channel. The dBu level of the interference contour is determined by cross-referencing the modulation type of the station operating on the 25 kilohertz bandwidth channel with the modulation type of the station operating on the 12.5 kilohertz bandwidth channel.

(4) Letters of concurrence. Applicants may submit applications which cause overlap under the forward contour analysis described in paragraph (d)(1) of this section provided the applicant includes a letter of concurrence from each incumbent that receives contour overlap. In the letter of concurrence, the incumbent operator must agree to accept any interference that occurs as a result of the contour overlap. Applicants may also submit applications which receive contour overlap under the reciprocal analysis described in paragraph (d)(2) of this section provided the applicant includes a letter of concurrence from each incumbent that causes contour overlap. In this case, the incumbent operator must state in its letter of concurrence that it does not object to the applicant receiving contour overlap from the incumbent's facility.

(e) Frequencies in the 809-817/854-862 MHz bands listed as available for eligibles in the Public Safety and Business/Industrial/Land Transportation Categories are available for inter-category sharing under the following conditions:

(1) Channels in the Public Safety and Business/Industrial/Land Transportation categories will be available to eligible applicants in those categories only if there are no frequencies in their own category and no public safety systems are authorized on those channels under consideration to be shared.

(2) Notwithstanding paragraph (e)(5) of this section, licensees of channels in the Business/Industrial/Land Transportation category may request a modification of the license, see § 1.947 of this chapter, to authorize use of the channels for commercial operation. The licensee may also, at the same time or thereafter, seek authorization to transfer or assign the license, see § 1.948 of this chapter, to any person eligible for licensing in the General or SMR categories. Applications submitted pursuant to this paragraph must be filed in accordance with the rules governing other applications for commercial channels, and will be processed in accordance with those rules. Grant of requests submitted pursuant to this paragraph is subject to the following conditions:

(i) A licensee that modifies its license to authorize commercial operations will not be authorized to obtain additional 800 MHz Business/Industrial/Land Transportation category channels for sites located within 113 km (70 mi.) of the station for which the license was modified, for a period of one year from the date the license is modified. This provision applies to the licensee, its controlling interests and their affiliates, as defined in § 1.2110 of this chapter.

(ii) With respect to licenses the initial application for which was filed on or after November 9, 2000, requests submitted pursuant to paragraph (e)(2) of this section may not be filed until five years after the date of the initial license grant. In the case of a license that is modified on or after November 9, 2000 to add 800 MHz Business/Industrial/Land Transportation frequencies or to add or relocate base stations that expand the licensee's interference contour, requests submitted pursuant to paragraph (e)(2) of this section for these frequencies or base stations may not be filed until five years after such modification.

(iii) Requests submitted pursuant to paragraph (e)(2) of this section must include a certification that written notice of the modification application has been provided to all Public Safety licensees, see § 90.20(a), with base stations within 113 km (70 mi.) of the site of the channel(s) for which authorization for commercial use is sought that operate within 25 kHz of the center of those channel(s). If, pursuant to paragraph (e)(2) of this section, modification and assignment or transfer applications are filed at different times, the written notice required by this paragraph must be provided each time.

(iv) The applicant must certify that it will take reasonable precautions to avoid causing harmful interference to Public Safety licensees, see § 90.20(a), and to take such action as may be necessary to eliminate interference to such licensees caused by its operations. (When an assignment or transfer application is filed pursuant to paragraph (e)(2) of this section, this representation is required only of the assignee or transferee.) Licensees of stations suffering or causing harmful interference are expected to cooperate and resolve this problem by mutually satisfactory arrangements. If the licensees are unable to do so, the Commission may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation.

(3) Licensees granted authorizations pursuant to paragraph (e)(2) of this section may at any time request modification of the license to authorize use of the channels consistent with the rules governing the category to which they are allocated, provided that the licensee meets the applicable eligibility requirements.

(4) [Reserved]

(5) The frequency coordinator must certify that frequencies are not available in the applicant's own category, and coordination is required from the applicable out-of-category coordinator.

(6) The out-of-category licensee must operate by the rules applicable to the category to which the frequency is allocated.

(f) Licensees of channels in the Business/Industrial/Land Transportation Categories in the 896-901/935-940 MHz bands may request a modification of the license, see § 1.947 of this chapter, to authorize use of the channels for commercial operation. The licensee may also, at the same time, or thereafter, seek authorization to transfer or assign the license, see § 1.948 of this chapter, to any person eligible for licensing in the General or SMR categories. Applications submitted pursuant to this paragraph must be filed in accordance with the rules governing other applications for commercial channels, and will be processed in accordance with those rules.

(g) Applications for Public Safety systems (both trunked and conventional) in the 806-809/851-854 MHz bands will be assigned and protected based on the criteria established in the appropriate regional plan. See § 90.16 and the Report and Order in General Docket 87-112.

(h) [Reserved]

[47 FR 41032, Sept. 16, 1982]

§ 90.623 Limitations on the number of frequencies assignable for conventional systems.

(a) The maximum number of frequency pairs that may be assigned to a licensee for operation in the conventional mode in a given area is five (5).

(b) Where an applicant proposes to operate a conventional radio system to provide facilities for the use of a single person or entity eligible under subparts B or C of this part, the applicant may be assigned only the number of frequency pairs justified on the basis of the requirement of the proposed single user of the system.

(c) No non-SMR licensee will be authorized an additional frequency pair for a conventional system within 64 kilometers (40 miles) of an existing conventional system, except where:

(1) The additional frequency pair will be used to provide radio facilities to a single entity and the additional frequency pair is justified on the basis of the requirements of the proposed single user; or,

(2) The licensee's existing frequency pair(s) is loaded to prescribed levels.

(d) No licensee will be authorized frequencies for a conventional system if that licensee is operating an unloaded trunked system or has an application pending for a trunked system to serve multiple subscribers within 64 km (40 miles) of the requested conventional system.

[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 44559, Sept. 29, 1983; 48 FR 51929, Nov. 15, 1983; 58 FR 44963, Aug. 25, 1993; 59 FR 59966, Nov. 21, 1994; 62 FR 18935, Apr. 17, 1997]

§ 90.625 Other criteria to be applied in assigning channels for use in conventional systems of communication.

(a) Where an applicant certifies on its application that a channel will be loaded to 70 mobile stations, that channel will be made available to that applicant for its exclusive use in the area in which it proposes to operate. If the showing made justifies the assignment of more than one channel to the applicant, additional frequencies will be authorized.

(b) Where an applicant proposes to furnish service to eligibles under subparts B or C of this part on a commercial basis using a conventional system of communication, the applicant will be considered on the same basis as that of an applicant for private or shared communication facilities.

(c) No person authorized to operate any radio facility under the provisions of this subpart shall have a right to protest proposals on grounds other than violation of or inconsistency with the provisions of this subpart. All grants are made subject to this condition and to the other conditions and standards set out in this subpart.

[47 FR 41032, Sept. 16, 1982, as amended at 62 FR 18935, Apr. 17, 1997; 63 FR 68969, Dec. 14, 1998]

§ 90.627 Limitation on the number of frequency pairs that may be assignable for trunked systems and on the number of trunked systems.

(a) The maximum number of frequency pairs that may be assigned at any one time for the operation of a trunked radio system is twenty, except as specified in § 90.621(a)(1)(iv).

(b) No non-SMR licensee will be authorized an additional trunked system within 64 kilometers (40 miles) of an existing trunked system, except where:

(1) The additional trunked system will be used to provide radio facilities for a single entity, where the additional system is justified on the basis of the requirements of the proposed single user; or,

(2) The licensee's existing trunked system is loaded to at least 70 mobile and control stations per channel.

[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 44559, Sept. 29, 1983; 48 FR 51929, Nov. 15, 1983; 49 FR 36377, Sept. 17, 1984; 51 FR 37404, Oct. 22, 1986; 53 FR 12157, Apr. 13, 1988; 58 FR 44963, Aug. 25, 1993; 59 FR 59966, Nov. 21, 1994]

§ 90.629 Extended implementation period.

Applicants requesting frequencies for either trunked or conventional operations may be authorized a period of up to five (5) years for constructing and placing a system in operation in accordance with the following:

(a) The applicant must justify an extended implementation period. The justification must describe the proposed system, state the amount of time necessary to construct and place the system in operation, identify the number of base stations to be constructed and placed in operation during each year of the extended construction period, and show that:

(1) The proposed system will require longer than twelve (12) months to construct and place in operation because of its purpose, size, or complexity; or

(2) The proposed system is to be part of a coordinated or integrated wide-area system which will require more than twelve (12) months to plan, approve, fund, purchase, construct, and place in operation; or

(3) The applicant is required by law to follow a multi-year cycle for planning, approval, funding, and purchasing the proposed system.

(b) Where an applicant is required by law to follow a multi-year cycle for planning, approval, funding and purchasing a proposed system, the applicant must indicate whether funding approval has been obtained and if not, when such funding approval is expected.

(c) Authorizations under this section are conditioned upon the licensee constructing and placing its system in operation within the authorized implementation period and in accordance with an approved implementation plan of up to five years. Licensees must notify the Commission annually, using FCC Form 601, that they are in compliance with their yearly station construction commitments, but may request amendment to these commitments at the time they file their annual certification. If the Commission approves the requested amendments to a licensee's implementation commitments, the licensee's extended implementation authority will remain in effect. If, however, the Commission concludes, at this or any other time, that a licensee has failed to meet its commitments, the Commission will terminate authority for the extended implementation period. When the Commission terminates an extended implementation authority, the affected licensee will be given six months from the date of termination to complete system construction. At the end of any licensee's extended implementation period, authorizations for all stations not constructed and placed in operation will be cancelled. Trunked systems granted an extended implementation period must comply with the channel loading requirements of section 90.631(b). Conventional channels not loaded to 70 mobile units may be subject to shared use by the addition of other licensees.

(d) [Reserved]

(e) As of March 18, 1996, Specialized Mobile Radio systems are not eligible for extended implementation periods under this section. Additionally, all 800 MHz SMR licensees that are operating under extended implementation authority as of March 18, 1996 must, by May 16, 1996, demonstrate that continuing to allow them to have an extended period of time to construct their facilities is warranted and furthers the public interest. If a licensee's extended implementation authority showing is approved by the Bureau, such licensee will be afforded an extended implementation of two years or the remainder of its current extended implementation period, whichever is shorter. Upon the termination of this period, the authorizations for those facilities that remain unconstructed will terminate automatically. If a licensee with a current extended implementation period fails to submit the showing mentioned above within the designated timeframe or submits an insufficient or incomplete showing, such licensee will have six months from the last day on which it could timely file such a showing or from the disapproval of its request to construct the remaining facilities covered under its implementation plan to construct any unconstructed facilities for which it is authorized. The authorizations for those facilities remaining unconstructed after this six-month period will terminate automatically.

(f) Pursuant to § 90.155(b), the provisions of this section shall apply to local government entities applying for any frequency in the Public Safety Pool.

[58 FR 34379, June 25, 1993, as amended at 61 FR 6157, Feb. 16, 1996; 63 FR 68969, Dec. 14, 1998; 65 FR 60877, Oct. 13, 2000; 69 FR 67489, Nov. 22, 2004]

§ 90.631 Trunked systems loading, construction and authorization requirements.

(a) Non-SMR trunked systems will be authorized on the basis of a loading criteria of one hundred (100) mobile stations per channel. For purposes of determining compliance with trunked system loading requirements under this subpart, the term “mobile station” includes vehicular and portable mobile units and control stations.

(b) Each applicant for a non-SMR trunked system must certify that a minimum of seventy (70) mobiles for each channel authorized will be placed into operation within five (5) years of the initial license grant.

(c) Except for SMR applicants and as provided in paragraph (d) of this section, an applicant seeking to expand a trunked system by requesting additional channels from the Commission, or through intercategory sharing, or through an assignment, must have a loading level of seventy (70) mobiles per channel on the existing system that is the subject of the expansion request.

(d) In rural areas, a licensee of a trunked system may request to increase its system capacity by five more channels than it has constructed without meeting the loading requirements specified in paragraphs (b) and (c) of this section. A rural area is defined for purposes of this section as being beyond a 100-mile radius of the following designated centers of the following urban areas: New York, NY; Los Angeles, CA; Chicago, IL; Philadelphia, PA; San Francisco, CA; Detroit, MI; Boston, MA; Houston, TX; Washington, DC; Dallas-Fort Worth, TX; Miami, FL; Cleveland, OH; St. Louis, MO; Atlanta, GA; Pittsburgh, PA; Baltimore, MD; Minneapolis-St. Paul, MN; Seattle, WA; San Diego, CA; and Tampa-St.Petersburg, FL. The coordinates for the centers of these areas are those referenced in § 90.741, except that the coordinates (referenced to North American Datum 1983 (NAD83)) for Tampa-St. Petersburg are latitude 28°00′1.1″ N, longitude 82°26′59.3″ W.

(e) Except as provided in § 90.629, licensees of trunked facilities must complete construction within one year.

(f) If a station is not placed in permanent operation, in accordance with the technical parameters of the station authorization, within one year, except as provided in § 90.629, its license cancels automatically. For purposes of this section, a base station is not considered to be placed in operation unless at least two associated mobile stations, or one control station and one mobile station, are also placed in operation.

(g) Wide area systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. Remote or satellite stations of wide area systems in the Public Safety, Special Emergency, Telephone Maintenance, and Power Radio Services may be authorized on a primary basis if such stations are the first to be authorized in their area of operation on the frequency or group of frequencies. Remote or satellite stations of wide area systems in all other services will be authorized only on a secondary, non-interference basis to cochannel licensees. To determine system loading, the total number of mobile units and control stations operating in the wide-area system shall be counted with respect to the total number of base station frequencies assigned to the system.

(h) Regional, statewide, or ribbon configuration systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. In a ribbon, regional or statewide system, a mobile station will be counted for channel loading purposes only for the base station facility in the geographic area in which it primarily operates. If this cannot be determined, it will be counted fractionally over the number of base station facilities with which it communicates regularly.

[47 FR 41032, Sept. 16, 1982]

§ 90.633 Conventional systems loading requirements.

(a) Non-SMR conventional systems of communication will be authorized on the basis of a minimum loading criteria of seventy (70) mobile stations for each channel authorized.

(b) A channel will not be assigned to additional licensees when it is loaded to 70 mobile stations. Where a licensee does not load a channel to 70 mobiles the channel will be available for assignment to other licensees. All authorizations for conventional systems are issued subject to this potential channel sharing condition.

(c) Except as provided in § 90.629 of this part, licensees of conventional systems must place their authorized stations in operation not later than one year after the date of grant of the system license.

(d) If a station is not placed in operation within one year, except as provided in Section 90.629 of this part, the license cancels automatically. For purposes of this section, a base station is not considered to be in operation unless at least one associated mobile station is also in operation.

(e) A non-SMR licensee may apply for additional frequency pairs if its authorized conventional channel(s) is loaded to seventy (70) mobiles. Applications may be considered for additional channels in areas where spectrum is still available and not applied for, even if the already authorized channel(s) is not loaded to 70 mobile units, upon an appropriate demonstration of need.

(f) Wide area systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. For loading purposes, if the total number of mobile stations justifies the total number of authorized based frequencies in a given area, the system will be construed to be loaded.

(g) Regional, statewide, or ribbon configuration systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. In a ribbon, regional or statewide system, a mobile station will be counted for channel loading purposes only for the base station facility in the geographic area in which it primarily operates. If this cannot be determined, it will be counted fractionally over the number of base station facilities with which it communicates regularly.

[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 51929, Nov. 15, 1983; 56 FR 65860, Dec. 19, 1991; 59 FR 59966, Nov. 21, 1994; 62 FR 18935, Apr. 17, 1997; 64 FR 10397, Mar. 4, 1999]

Technical Regulations Regarding the Use of Frequencies in the 806-824 MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz Bands
§ 90.635 Limitations on power and antenna height.

(a) The effective radiated power and antenna height for base stations may not exceed 1 kilowatt (30 dBw) and 304 m. (1,000 ft.) above average terrain (AAT), respectively, or the equivalent thereof as determined from the Table. These are maximum values, and applicants will be required to justify power levels and antenna heights requested.

(b) The maximum output power of the transmitter for mobile stations is 100 watts (20 dBw).

Table - Equivalent Power and Antenna Heights for Base Stations in the 851-869 MHz and 935-940 MHz Bands Which Have a Requirement for a 32 km (20 mi) Service Area Radius

Antenna height (ATT) meters (feet) Effective radiated power (watts)1 2 4
Above 1,372 (4,500) 65
Above 1,220 (4,000) to 1,372 (4,500) 70
Above 1,067 (3,500) to 1,220 (4,000) 75
Above 915 (3,000) to 1,067 (3,500) 100
Above 763 (2,500) to 915 (3,000) 140
Above 610 (2,000) to 763 (2,500) 200
Above 458 (1,500) to 610 (2,000) 350
Above 305 (1,000) to 458 (1,500) 600
Up to 305 (1,000) 3 1,000

[70 FR 61062, Oct. 20, 2005]

§ 90.637 Restrictions on operational fixed stations.

(a) Except for control stations, operational fixed operations will not be authorized in the 806-824 MHz, 851-869 MHz, 896-901 MHz, or 935-940 MHz bands. This does not preclude secondary fixed tone signaling and alarm operations authorized in § 90.235 or in paragraph (c) of this section.

(b) Control stations associated with one or more mobile relay stations will be authorized only on the assigned frequency of the associated mobile station. Use of a mobile service frequency by a control station of a mobile relay system is subject to the condition that harmful interference shall not be caused to stations of licensees authorized to use the frequency for mobile service communications.

(c) Trunked and conventional systems that have exclusive-use status in their respective geographic areas may conduct fixed ancillary signaling and data transmissions subject to the following requirements:

(1) All operations must be on a secondary, non-interference basis to the primary mobile operation of any other licensee.

(2) The output power at the remote site must not exceed 30 watts.

(3) Any fixed transmitters will not count toward meeting the mobile loading requirements nor be considered in whole or in part as a justification for authorizing additional frequencies in the licensee's mobile system.

(4) Automatic means must be provided to deactivate the remote transmitter in the event the carrier remains on for a period in excess of three minutes.

(5) Operational fixed stations authorized pursuant to the provisions of paragraphs (c) and (d) of this section are exempt from the requirements of §§ 90.425 and 90.429.

(d) Conventional systems that do not have exclusive-use status in their respective geographic areas may conduct fixed ancillary signaling and data transmissions only in accordance with all the provisions of § 90.235.

[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 51929, Nov. 15, 1983; 49 FR 36377, Sept. 17, 1984; 51 FR 37405, Oct. 22, 1986; 52 FR 1332, Jan. 13, 1987; 53 FR 12157, Apr. 13, 1988; 57 FR 34693, Aug. 6, 1992]

§ 90.645 Permissible operations.

Conventional and trunked radio systems may be used:

(a) Only for purposes expressly allowed under this part.

(b) Only persons who are eligible for facilities, either under this subpart or in the radio service included under subparts B or C of this part.

(c) Except for licensees classified as CMRS providers under part 20 of this chapter, only for the transmission of messages or signals permitted in the services is which the participants are eligible.

(d) For digital or analog transmissions.

(e) An SMRS licensee or a licensee who has been authorized a channel(s) on an exclusive basis, may use the system for the transmission of any base/mobile message, page or signal permitted in the service in which the participants are eligible.

(f) Where the channel(s) is assigned to an SMRS licensee or exclusively to a single licensee, or where all users of a system agree, more than a single emission may be utilized within the authorized bandwidth. In such cases, the frequency stability requirements of § 90.213 shall not apply, but out-of-band emission limits of § 90.209 shall be met.

(g) Up to five (5) contiguous 809-816/854-861 band channels as listed in §§ 90.615, 90.617, and 90.619 may be authorized after justification for systems requiring more than the normal single channel bandwidth. If necessary, licensees may trade channels amongst themselves in order to obtain contiguous frequencies. Notification of such proposed exchanges shall be made to the appropriate frequency coordinator(s) and to the Commission by filing an application for license modification.

(h) Up to 10 contiguous 896-901/935-940 MHz band channels as listed in § 90.617 may be combined for systems requiring more than the normal single channel bandwidth. If necessary, licensees may trade channels amongst themselves in order to obtain contiguous frequencies. Notification of such proposed exchanges shall be made to the appropriate frequency coordinator(s) and to the Commission by filing an application for license modification.

(i) Paging operations may be utilized on multiple licensed facilities (community repeaters) only when all licensees of the facility agree to such use.

[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 51929, Nov. 15, 1983; 51 FR 37405, Oct. 22, 1986; 59 FR 59966, Nov. 21, 1994; 62 FR 18935, Apr. 17, 1997; 63 FR 68970, Dec. 14, 1998; 69 FR 67849, Nov. 22, 2004]

§ 90.647 Station identification.

(a) Conventional systems of communication shall be identified in accordance with existing regulations governing such matters.

(b) Trunked systems of communication, except as noted in paragraph (c) of this section, shall be identified through the use of an automatic device which transmits the call sign of the base station facility at 30 minute intervals. Such station identification shall be made on the lowest frequency in the base station trunk group assigned the licensee. Should this frequency be in use at the time station identification is required, such identification may be made at the termination of the communication in progress on this frequency. Identification may be made by voice or International Morse Code. When the call sign is transmitted in International Morse Code, it must be at a rate of between 15 to 20 words per minute and by means of tone modulation of the transmitter, the tone frequency being between 800 and 1000 hertz.

(c) Stations operating in either the 806-824/851-869 MHz or 896-901/935-940 MHz bands that are licensed on an exclusive basis, and normally employ digital signals for the transmission of data, text, control codes, or digitized voice may also be identified by digital transmission of the call sign. A licensee that identifies its station in this manner must provide the Commission, upon its request, information sufficient to decode the digital transmission and ascertain the call sign transmitted.

(d) Notwithstanding the requirements set forth in this paragraph, systems operated by geographic area CMRS licensees are subject only to the station identification requirements of § 90.425(e).

[47 FR 41032, Sept. 16, 1982, as amended at 58 FR 12177, Mar. 3, 1993; 65 FR 24420, Apr. 26, 2000]

§ 90.651 Supplemental reports required of licensees authorized under this subpart.

Licensees of conventional systems must notify the Commission in accordance with § 1.946 of this chapter of the number of mobile units placed in operation within their construction period.

[63 FR 68970, Dec. 14, 1998]

§ 90.655 Special licensing requirements for Specialized Mobile Radio systems.

End users of conventional or trunked Specialized Mobile Radio systems that have control stations that require FAA clearance, as specified in §§ 17.7 through 17.17 of this chapter, or that may have a significant environmental effect, as defined by § 1.1307, or that are located in a “quiet zone”, as defined by § 1.924 of this chapter must be individually licensed for such control stations prior to construction or operation. All other end users' operations will be within the scope of the base station licensee. All end users, however, continue to be responsible to comply with 47 CFR part 90 and other federal laws.

[57 FR 40850, Sept. 8, 1992, as amended at 63 FR 68970, Dec. 14, 1998]

§ 90.656 Responsibilities of base station licensees of Specialized Mobile Radio systems.

(a) The licensees of base stations that provide Specialized Mobile Radio service on a commercial basis of the use of individuals, Federal government agencies, or persons eligible for licensing under either subparts B or C of this part will be responsible for exercising effective operational control over all mobile and control stations that communicate with the base station. The base station licensee will be responsible for assuring that its system is operated in compliance with all applicable rules and regulations.

(b) Customers that operate mobile units on a particular Specialized Mobile Radio system will be licensed to that system. A customer that operates temporarily on more than one system will be deemed, when communicating with the other system, to be temporarily licensed to the other system and for that temporary period, the licensee of the other system will assume the same licensee responsibility for the customer's mobile station(s) as if the customer's stations were licensed to that other system.

[57 FR 40851, Sept. 8, 1992, as amended at 62 FR 18935, Apr. 17, 1997]

Policies Governing the Licensing and Use of MTA-Based SMR Systems in the 896-901/935-940 MHz Band
§ 90.661 MTA-based SMR service areas.

MTA licenses for SMR spectrum blocks in the 896-901/935-940 MHz band listed in table 4B of § 90.617(d) are available in 51 Major Trading Areas (MTAs) as defined in § 90.7. Within these MTAs, licenses will be authorized in ten channel blocks as specified in table 4B of § 90.617(d) through the competitive bidding procedures described in subpart U of this part.

[60 FR 21991, May 4, 1995]

§ 90.663 MTA-based SMR system operations.

(a) MTA-based licensees authorized in the 896-901/935-940 MHz band pursuant to § 90.661 may construct and operate base stations using any frequency identified in their spectrum block anywhere within their authorized MTA, provided that:

(1) The MTA licensee affords protection, in accordance with § 90.621(b), to all sites for which applications were filed on or prior to August 9, 1994.

(2) The MTA licensee complies with any rules and international agreements that restrict use of frequencies identified in their spectrum block, including the provisions of § 90.619 relating to U.S./Canadian and U.S./Mexican border areas.

(3) The MTA licensee limits its field strength at any location on the border of the MTA service area in accordance with § 90.671 and masks its emissions in accordance with § 90.669.

(b) In the event that the authorization for a previously authorized co-channel station within the MTA licensee's authorized spectrum block is terminated or revoked, the MTA licensee's co-channel obligations to such station will cease upon deletion of the facility from the Commission's licensing record. The MTA licensee then will be able to construct and operate base stations using such frequency.

[60 FR 21991, May 4, 1995]

§ 90.665 Authorization, construction and implementation of MTA licenses.

(a) MTA licenses in the 896-901/935-940 MHz band will be issued for a term not to exceed ten years.

(b) MTA licensees in the 896-901/935-940 MHz band will be permitted five years to construct their stations. This five-year period will commence with the issuance of the MTA-wide authorization and will apply to all of the licensee's stations within the MTA spectrum block, including any stations that may have been subject to an earlier construction deadline arising from a pre-existing authorization.

(c) Each MTA licensee in the 896-901/935-940 MHz band must, three years from the date of license grant, construct and place into operation a sufficient number of base stations to provide coverage to at least one-third of the population of the MTA; further, each MTA licensee must provide coverage to at least two-thirds of the population of the MTA five years from the date of license grant. Alternatively, an MTA licensee must demonstrate, through a showing to the Commission five years from the date of license grant, that it is providing substantial service. An MTA licensee must, three years from license grant, either show that the1/3 population coverage standard has been satisfied, or provide written notification that it has elected to show substantial service to the MTA five years from license grant. In addition, as part of the election to provide a substantial service showing, each MTA licensee must, three years from license grant, indicate how it expects to demonstrate substantial service at five years. The MTA licensee must meet the population coverage benchmarks regardless of the extent to which incumbent licensees are present within the MTA block.

(d) MTA licensees who fail to meet the coverage requirements imposed at either the third or fifth years of their license term, or to make a convincing showing of substantial service, will forfeit the portion of the MTA license that exceeds licensed facilities constructed and operating on the date of the MTA license grant.

[60 FR 21991, May 4, 1995, as amended at 60 FR 48918, Sept. 21, 1995; 60 FR 61487, Nov. 30, 1995; 64 FR 39942, July 23, 1999]

§ 90.667 Grandfathering provisions for incumbent licensees.

(a) These provisions apply to all 900 MHz SMR licensees who obtained licenses or filed applications for secondary sites on or before August 9, 1994 (“incumbent licensees”), as well as to all 900 MHz SMR licensees who obtained authorizations pursuant to § 90.173(k). An incumbent licensee's service area shall be defined by its originally-licensed 40 dBu field strength contour. Incumbent licensees are permitted to add new or modify transmit sites in this existing service area without prior notification to the Commission so long as their original 40 dBu field strength contour is not expanded.

(b) Incumbent licensees operating at multiple sites may, after grant of MTA licenses has been completed, exchange multiple site licenses for a single license, authorizing operations throughout the contiguous and overlapping 40 dBu field strength contours of the multiple sites. Incumbents exercising this license exchange option must submit specific information for each of their external base sites after the close of the 900 MHz SMR auction.

(c) Applications in the 900 MHz SMR service for secondary sites filed after August 9, 1994 shall be authorized on a secondary, non-interference basis to MTA licensee operations. No secondary sites shall be granted on this basis in an MTA once the MTA licensee has been selected.

[60 FR 48918, Sept. 21, 1995]

§ 90.669 Emission limits.

(a) On any frequency in an MTA licensee's spectrum block that is adjacent to a non-MTA frequency, the power of any emission shall be attenuated below the transmitter power (P) by at least 43 plus 10 log10(P) decibels or 80 decibels, whichever is the lesser attenuation.

Note:

The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power.

(b) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section.

[60 FR 21992, May 4, 1995]

§ 90.671 Field strength limits.

The predicted or measured field strength at any location on the border of the MTA service area for MTA licensees shall not exceed 40 dBuV/m unless all bordering MTA licensees agree to a higher field strength. MTA licensees are also required to coordinate their frequency usage with so-channel adjacent MTA licensees and all other affected parties. To the extent that a single entity obtains licenses for adjacent MTAs on the same channel block, it will not be required to coordinate its operations in this manner. In the event that this standard conflicts with the MTA licensee's obligation to provide co-channel protection to incumbent licensees under § 90.621(b), the requirements of § 90.621(b) shall prevail.

[60 FR 21992, May 4, 1995]

Procedures and Process - Unacceptable Interference
§ 90.672 Unacceptable interference to non-cellular 800 MHz licensees from 800 MHz cellular systems or part 22 Cellular Radiotelephone systems, and within the 900 MHz narrowband segments, and to narrowband 900 MHz licensees from 900 MHz broadband licensees.

(a) Definition. Except as provided in 47 CFR 90.617(k), unacceptable interference to non-cellular licensees in the 800 MHz band from 800 MHz cellular systems or part 22 of this chapter, Cellular Radiotelephone systems; unacceptable interference within the 900 MHz narrowband segment; and unacceptable interference to narrowband 900 MHz licensees from 900 MHz broadband licensees, will be deemed to occur when the below conditions are met:

(1) A transceiver at a site at which interference is encountered:

(i) Is in good repair and operating condition, and is receiving:

(A) From the 800 MHz band, a median desired signal strength of −104 dBm or higher if operating in the 800 MHz band, or a median desired signal strength of −88 dBm if operating in the 900 MHz narrowband segment, as measured at the R.F. input of the receiver of a mobile unit; or

(B) From the 800 MHz band, a median desired signal strength of −101 dBm or higher if operating in the 800 MHz band, or a median desired signal strength of −85 dBm if operating in the 900 MHz narrowband segment; or, as measured at the R.F. input of the receiver of a portable i.e., hand-held unit;

(C) From the 900 MHz broadband segment, a median desired signal strength of −104 dBm or higher if operating in the 900 MHz narrowband segment, as measured at the R.F. input of the receiver of a mobile unit; or

(D) From the 900 MHz broadband segment, median desired signal strength of −101 dBm or higher if operating in the 900 MHz narrowband segment, as measured at the R.F. input of the receiver of a portable, i.e., hand-held unit; and either

(ii) Is a voice transceiver:

(A) With manufacturer published performance specifications for the receiver section of the transceiver equal to, or exceeding, the minimum standards set out in paragraph (b) of this section, and;

(B) Receiving an undesired signal or signals which cause the measured Carrier to Noise plus Interference (C/(I + N)) ratio of the receiver section of said transceiver to be less than 20 dB if operating in the 800 MHz band, or less than 17 dB if operating in the 900 MHz narrowband segment, or;

(iii) Is a non-voice transceiver receiving an undesired signal or signals which cause the measured bit error rate (BER) (or some comparable specification) of the receiver section of said transceiver to be more than the value reasonably designated by the manufacturer.

(2) Provided, however, that if the receiver section of the mobile or portable voice transceiver does not conform to the standards set out in paragraph (b) of this section, then that transceiver shall be deemed subject to unacceptable interference only at sites where the median desired signal satisfies the applicable threshold measured signal power in paragraph (a)(1)(i) of this section after an upward adjustment to account for the difference in receiver section performance. The upward adjustment shall be equal to the increase in the desired signal required to restore the receiver section of the subject transceiver to the 20 dB C/(I + N) ratio of paragraph (a)(1)(ii)(B) of this section. The adjusted threshold levels shall then define the minimum measured signal power(s) in lieu of paragraph (a)(1)(i) of this section at which the licensee using such non-compliant transceiver is entitled to interference protection.

(b) Minimum receiver requirements. Voice transceivers capable of operating in the 806-824 MHz portion of the 800 MHz band, or in the 900 MHz narrowband segment, shall have the following minimum performance specifications in order for the system in which such transceivers are used to claim entitlement to full protection against unacceptable interference. (See paragraph (a)(2) of this section.)

(1) Voice units intended for mobile use: 75 dB intermodulation rejection ratio; 75 dB adjacent channel rejection ratio; −116 dBm reference sensitivity.

(2) Voice units intended for portable use: 70 dB intermodulation rejection ratio; 70 dB adjacent channel rejection ratio; −116 dBm reference sensitivity.

(3) Voice units intended for mobile or portable use in the 900 MHz narrowband segment: 60 dB intermodulation rejection ratio; 60 dB adjacent channel rejection ratio; −116 dBm reference sensitivity.

[85 FR 43141, July 15, 2020]

§ 90.673 Obligation to abate unacceptable interference.

(a) Strict Responsibility. Any licensee who, knowingly or unknowingly, directly or indirectly, causes or contributes to causing unacceptable interference to a non-cellular licensee in the 800 MHz band, as defined in this chapter, shall be strictly accountable to abate the interference, with full cooperation and utmost diligence, in the shortest time practicable. Interfering licensees shall consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in this chapter. This strict responsibility obligation applies to all forms of interference, including out-of-band emissions and intermodulation.

(b) Joint and Several Responsibility. If two or more licensees knowingly or unknowingly, directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular licensee in the 800 MHz band, as defined in this chapter, such licensees shall be jointly and severally responsible for abating interference, with full cooperation and utmost diligence, in the shortest practicable time. This joint and several responsibility rule requires interfering licensees to consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in this chapter. This joint and several responsibility rule applies to all forms of interference, including out-of-band emissions and intermodulation.

(1) This joint and several responsibility rule requires interfering licensees to consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 90.674(c). This joint and several responsibility rule applies to all forms of interference, including out-of-band emissions and intermodulation.

(2) Any licensee that can show that its signal does not directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular licensee in the 800 MHz band, as defined in this chapter, shall not be held responsible for resolving unacceptable interference. Notwithstanding, any licensee that receives an interference complaint from a public safety/CII licensee shall respond to such complaint consistent with the interference resolution procedures set forth in this chapter.

[69 FR 67849, Nov. 22, 2004]

§ 90.674 Interference resolution procedures.

(a) Initial Notification. Any non-cellular licensee operating in the 806-824/851-869 MHz band who reasonably believes it is receiving unacceptable interference, as described in § 90.672, shall provide an initial notification of the interference incident. This initial notification of an interference incident shall be sent to all part 22 of this chapter Cellular Radiotelephone licensees and ESMR licensees who operate cellular base stations (“cell sites”) within 1,524 meters (5,000 feet) of the interference incident.

(1) The initial notification of interference shall include the following information on interference:

(i) The specific geographical location where the interference occurs, and the time or times at which the interference occurred or is occurring;

(ii) A description of its scope and severity, including its source, if known;

(iii) The relevant Commission licensing information of the party suffering the interference; and

(iv) A single point of contact for the party suffering the interference.

(2) ESMR licensees, in conjunction with part 22 Cellular Radiotelephone licensees, shall establish an electronic means of receiving the initial notification described in paragraph (a)(1) of this section. The electronic system must be designed so that all appropriate 800 MHz ESMR and part 22 Cellular Radiotelephone licensees can be contacted about the interference incident with a single notification. The electronic system for receipt of initial notification of interference complaints must be operating no later than February 22, 2005.

(3) ESMR licensees must respond to the initial notification described in paragraph (a)(1) of this section, as soon as possible and no later than 24 hours of receipt of notification from a public safety/CII licensee. This response time may be extended to 48 hours after receipt from other non-cellular licensees provided affected communications on these systems are not safety related.

(b) Interference analysis. ESMR licensees - who receive an initial notification described in paragraph (a) of this section - shall perform a timely analysis of the interference to identify the possible source. Immediate on-site visits may be conducted when necessary to complete timely analysis. Interference analysis must be completed and corrective action initiated within 48 hours of the initial complaint from a public safety/CII licensee. This response time may be extended to 96 hours after the initial complaint from other non-cellular licensees provided affected communications on these systems are not safety related. Corrective action may be delayed if the affected licensee agrees in writing (which may be, but is not required to be, recorded via e-mail or other electronic means) to a longer period.

(c) Mitigation Steps.

(1) All 800 MHz cellular system licensees and part 22 of this chapter Cellular Radiotelephone licensees who are responsible for causing unacceptable interference shall take all affirmative measures to resolve such interference. 800 MHz cellular system licensees found to contribute to harmful interference, as defined in § 90.672, shall resolve such interference in the shortest time practicable. 800 MHz cellular system licensees and part 22 of this chapter Cellular Radiotelephone licensees must provide all necessary test apparatus and technical personnel skilled in the operation of such equipment as may be necessary to determine the most appropriate means of timely eliminating the interference. However, the means whereby interference is abated or the cell parameters that may need to be adjusted is left to the discretion of involved 800 MHz cellular system licensees and/or part 22 of this chapter Cellular Radiotelephone licensees, whose affirmative measures may include, but not be limited to, the following techniques:

(i) Increasing the desired power of the public safety signal;

(ii) Decreasing the power of the ESMR and/or part 22 Cellular Radiotelephone signal;

(iii) Modifying the ESMR and/or part 22 Cellular Radiotelephone systems antenna height;

(iv) Modifying the ESMR and/or part 22 Cellular Radiotelephone system antenna characteristics;

(v) Incorporating filters into ESMR and/or part 22 Cellular Radiotelephone system transmission equipment;

(vi) Permanently changing ESMR and/or part 22 Cellular Radiotelephone system frequencies; and

(vii) Supplying interference-resistant receivers to the affected public safety licensee(s). If this technique is used, in all circumstances, the ESMR and/or part 22 Cellular Radiotelephone licensees shall be responsible for all costs thereof.

(2) Whenever short-term interference abatement measures prove inadequate, the affected licensee shall, consistent with but not compromising safety, make all necessary concessions to accepting interference until a longer-term remedy can be implemented.

(3) Discontinuing operations when clear and imminent danger exists. When a public safety licensee determines that a continuing presence of interference constitutes a clear and imminent danger to life or property, the licensee causing the interference must discontinue the associated operation immediately, until a remedy can be identified and applied. The determination that a continuing presence exists that constitutes a clear and imminent danger to life or property, must be made by written statement that:

(i) Is in the form of a declaration, notarized affidavit, or statement under penalty or perjury, from an officer or executive of the affected public safety licensee;

(ii) Thoroughly describes the basis of the claim of clear and imminent danger;

(iii) Was formulated on the basis of either personal knowledge or belief after due diligence;

(iv) Is not proffered by a contractor or other third party; and

(v) Has been approved by the Chief of the Public Safety and Homeland Security Bureau or other designated Commission official. Prior to the authorized official making a determination that a clear and imminent danger exists, the associated written statement must be served by hand-delivery or receipted fax on the applicable offending licensee, with a copy transmitted by the fastest available means to the Washington, DC office of the Commission's Public Safety and Homeland Security Bureau.

[69 FR 67849, Nov. 22, 2004, as amended at 70 FR 76711, Dec. 28, 2005; 71 FR 69038, Nov. 29, 2006]

§ 90.675 Information exchange.

(a) Prior coordination. Public safety/CII licensees may notify an ESMR or part 22 Cellular Radiotelephone licensee that they wish to receive prior notification of the activation or modification of ESMR or part 22 Cellular Radiotelephone cell sites in their area. Thereafter, the ESMR or part 22 Cellular Radiotelephone licensee must provide the following information to the public safety/CII licensee at least 10 business days before a new cell site is activated or an existing cell site is modified:

(1) Location;

(2) Effective radiated power;

(3) Antenna height;

(4) Channels available for use.

(b) Purpose of prior coordination. The coordination of cell sites is for informational purposes only: public safety/CII licensees are not afforded the right to accept or reject the activation of a proposed cell or to unilaterally require changes in its operating parameters. The principal purposes of notification are to:

(1) Allow a public safety/CII licensee to advise the ESMR or part 22 Cellular Radiotelephone licensee whether it believes a proposed cell will generate unacceptable interference;

(2) Permit ESMR or part 22 Cellular Radiotelephone licensees to make voluntary changes in cell parameters when a public safety licensee alerts them to possible interference; and

(3) Rapidly identify the source if interference is encountered when the cell is activated.

(c) Public safety information exchange.

(1) Upon request by an ESMR or part 22 Cellular Radiotelephone licensee, public safety/CII licensees who operate radio systems in the 806-824/851-869 MHz shall provide the operating parameters of their radio system to the ESMR or part 22 Cellular Radiotelephone licensee.

(2) Public safety licensees who perform the information exchange as described in this section must notify the appropriate ESMR and part 22 Cellular Radiotelephone licensees prior to any technical changes to their radio system.

§§ 90.676-90.677 [Reserved]
Policies Governing the Licensing and Use of EA-Based SMR Systems in the 809-824/851-869 MHz Band
§ 90.681 EA-based SMR service areas.

EA licenses in for channels 711 through 830 and Spectrum Blocks A through V listed in Tables 4 and 5 of § 90.617 are available in 175 Economic Areas (EAs) as defined in § 90.7.

[69 FR 67852, Nov. 22, 2004]

§ 90.683 EA-based SMR system operations.

(a) EA-based licensees authorized in the 809-824/854-869 MHz band pursuant to § 90.681 of this part may construct and operate base stations using any of the base station frequencies identified in their spectrum block anywhere within their authorized EA, provided that:

(1) The EA licensee affords protection, in accordance with § 90.621(b), to all previously authorized co-channel stations that are not associated with another EA license;

(2) The EA licensee complies with any rules and international agreements that restrict use of frequencies identified in their spectrum block, including the provisions of § 90.619 relating to U.S./Canadian and U.S./Mexican border areas;

(3) The EA licensee limits the field strength of its base stations at any location on the border of the EA service area in accordance with § 90.689;

(4) Upon request by an incumbent licensee or the Commission, the EA licensees shall furnish the technical parameters, location and coordinates of the completion of the addition, removal, relocation or modification of any of its facilities within the EA. The EA licensee must provide such information within ten (10) days of receiving a written request.

(5) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter, licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Forn 854) with the FCC, WTB, Support Services Branch, Gettysburg, PA 17325.

(6) Any additional transmitters placed in operation must not have a significant environmental effect as defined by §§ 1.1301 through 1.1319 of this chapter.

(b) In the event that the authorization for a previously authorized co-channel station within the EA licensee's spectrum block is terminated or revoked, the EA licensee's co-channel obligations to such station will cease upon deletion of the facility from the Commission's official licensing records, and the EA licensee then will be able to construct and operate without regard to that previous authorization.

[61 FR 6158, 6159, Feb. 16, 1996, as amended at 62 FR 41216, July 31, 1997; 63 FR 68970, Dec. 14, 1998; 69 FR 67852, Nov. 22, 2004]

§ 90.685 Authorization, construction and implementation of EA licenses.

(a) EA licenses in the 809-824/854-869 MHz band will be issued for a term not to exceed ten years.

(b) EA licensees in the 809-824/854-869 MHz band must, within three years of the grant of their initial license, construct and place into operation a sufficient number of base stations to provide coverage to at least one-third of the population of its EA-based service area. Further, each EA licensee must provide coverage to at least two-thirds of the population of the EA-based service area within five years of the grant of their initial license. EA-based licensees may, in the alternative, provide substantial service to their markets within five years of the grant of their initial license. Substantial service shall be defined as: “Service which is sound, favorable, and substantially above a level of mediocre service.”

(c) Channel use requirement. In addition to the population coverage requirements described in this section, we will require EA licensees in Channel blocks A, B and C in the 816-821/861-866 MHz band to construct 50 percent of the total channels included in their spectrum block in at least one location in their respective EA-based service area within three years of initial license grant and to retain such channel usage for the remainder of the construction period.

(d) An EA licensee's failure to meet the population coverage requirements of paragraphs (b) and (c) of this section, will result in forfeiture of the entire EA license. Forfeiture of the EA license, however, would not result in the loss of any constructed facilities authorized to the licensee prior to the date of the commencement of the auction for the EA licenses.

(e) EA licensees operating on channels listed in § 90.614(b) and (c) must implement an Enhanced Specialized Mobile Radio (ESMR) system - as defined in § 90.7 - on their EA license and any associated site-based licenses prior to the expiration date of the EA license. EA licensees operating on these channels shall follow the construction notification procedures set forth in § 1.946(d) of this chapter. Failure to implement an ESMR system on their EA and site-based licenses before the expiration date of the EA license will result in termination of the EA license and any associated site-based licenses pursuant to § 1.946(c) of this chapter.

[62 FR 41216, July 31, 1997, as amended at 69 FR 67852, Nov. 22, 2004; 70 FR 6760, Feb. 8, 2005; 70 FR 76712, Dec. 28, 2005; 82 FR 41548, Sept. 1, 2017]

§ 90.687 Special provisions regarding assignments and transfers of authorizations for incumbent SMR licensees in the 809-824/854-869 MHz band.

An SMR license initially authorized on any of the channels listed in Tables 4 and 5 of § 90.617 may transfer or assign its channel(s) to another entity subject to the provisions of § 1.948 of this chapter and § 90.609(b). If the proposed transferee or assignee is the EA licensee for the spectrum block to which the channel is allocated, such transfer or assignment presumptively will be deemed to be in the public interest. However, such presumption will be rebuttable.

[69 FR 67852, Nov. 22, 2004]

§ 90.689 Field strength limits.

(a) For purposes of implementing §§ 90.689 through 90.699, predicted 36 and 40 dBµV/m contours shall be calculated using Figure 10 of § 73.699 of this chapter with a correction factor of −9 dB, and predicted 18 and 22 dBµV/m contours shall be calculated using Figure 10a of § 73.699 of this chapter with a correction factor of −9 dB.

(b) The predicted or measured field strength at any location on the border of the EA-based service area for EA licensees must not exceed 40 dBuV/m unless all bordering EA licensees agree to a higher field strength. In the event that this standard conflicts with the EA licensee's obligation to provide co-channel protection to incumbent licensees pursuant to § 90.621(b), the requirements of § 90.621(b) shall prevail.

[61 FR 6158, 6159, Feb. 16, 1996, as amended at 62 FR 41216, July 31, 1997]

§ 90.691 Emission mask requirements for EA-based systems.

(a) Out-of-band emission requirement shall apply only to the “outer” channels included in an EA license and to spectrum adjacent to interior channels used by incumbent licensees. The emission limits are as follows:

(1) For any frequency removed from the EA licensee's frequency block by up to and including 37.5 kHz, the power of any emission shall be attenuated below the transmitter power (P) in watts by at least 116 Log10(f/6.1) decibels or 50 + 10 Log10(P) decibels or 80 decibels, whichever is the lesser attenuation, where f is the frequency removed from the center of the outer channel in the block in kilohertz and where f is greater than 12.5 kHz.

(2) For any frequency removed from the EA licensee's frequency block greater than 37.5 kHz, the power of any emission shall be attenuated below the transmitter power (P) in watts by at least 43 + 10Log10(P) decibels or 80 decibels, whichever is the lesser attenuation, where f is the frequency removed from the center of the outer channel in the block in kilohertz and where f is greater than 37.5 kHz.

(b) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section.

§ 90.693 Grandfathering provisions for incumbent licensees.

(a) General provisions. These provisions apply to “incumbent licensees,” all 800 MHz licensees authorized in the 809-821/854-866 MHz band who obtained licenses or filed applications on or before December 15, 1995.

(b) Spectrum blocks A through V. An incumbent licensee's service area shall be defined by its originally licensed 40 dBμV/m field strength contour and its interference contour shall be defined as its originally-licensed 22 dBμV/m field strength contour. The “originally-licensed” contour shall be calculated using the maximum ERP and the actual height of the antenna above average terrain (HAAT) along each radial. Incumbent licensees are permitted to add, remove or modify transmitter sites within their original 22 dBμV/m field strength contour without prior notification to the Commission so long as their original 22 dBμV/m field strength contour is not expanded. Incumbent licensee protection extends only to its 40 dBμV/m signal strength contour. Pursuant to the minor modification notification procedures set forth in 1.947(b), the incumbent licensee must notify the Commission within 30 days of any change in technical parameters for stations that are authorized under a waiver of 90.621(b)(4), or that are authorized under 90.621(b)(5).

(c) Special provisions for spectrum blocks F1 through V. Incumbent licensees that have received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBμV/m signal strength interference contour shall have their service area defined by their originally-licensed 36 dBμV/m field strength contour and their interference contour shall be defined as their originally-licensed 18 dBμV/m field strength contour. The “originally-licensed” contour shall be calculated using the maximum ERP and the actual HAAT along each radial. Incumbent licensees seeking to utilize an 18 dBμV/m signal strength interference contour shall first seek to obtain the consent of affected co-channel incumbents. When the consent of a co-channel licensee is withheld, an incumbent licensee may submit to any certified frequency coordinator an engineering study showing that interference will not occur, together with proof that the incumbent licensee has sought consent. Incumbent licensees are permitted to add, remove or modify transmitter sites within their original 18 dBμV/m field strength contour without prior notification to the Commission so long as their original 18 dBμV/m field strength contour is not expanded. Incumbent licensee protection extends only to its 36 dBμV/m signal strength contour. Pursuant to the minor modification notification procedures set forth in 1.947(b), the incumbent licensee must notify the Commission within 30 days of any change in technical parameters for stations that are authorized under a waiver of 90.621(b)(4), or that are authorized under 90.621(b)(5).

(d) Consolidated license -

(1) Spectrum blocks A through V. Incumbent licensees operating at multiple sites may, after grant of EA licenses has been completed, exchange multiple site licenses for a single license, authorizing operations throughout the contiguous and overlapping 40 dBµV/m field strength contours of the multiple sites. Incumbents exercising this license exchange option must submit specific information on Form 601 for each of their external base sites after the close of the 800 MHz SMR auction. The incumbent's geographic license area is defined by the contiguous and overlapping 22 dBµV/m contours of its constructed and operational external base stations and interior sites that are constructed within the construction period applicable to the incumbent. Once the geographic license is issued, facilities that are added within an incumbent's existing footprint and that are not subject to prior approval by the Commission will not be subject to construction requirements.

(2) Special Provisions for Spectrum Blocks F1 through V. Incumbent licensees that have received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBµV/m signal strength interference contour operating at multiple sites may, after grant of EA licenses has been completed, exchange multiple site licenses for a single license. This single site license will authorize operations throughout the contiguous and overlapping 36 dBµV/m field strength contours of the multiple sites. Incumbents exercising this license exchange option must submit specific information on Form 601 for each of their external base sites after the close of the 800 SMR auction. The incumbent's geographic license area is defined by the contiguous and overlapping 18 dBµV/m contours of its constructed and operational external base stations and interior sites that are constructed within the construction period applicable to the incumbent. Once the geographic license is issued, facilities that are added within an incumbent's existing footprint and that are not subject to prior approval by the Commission will not be subject to construction requirements.

[64 FR 71055, Dec. 20, 1999, as amended at 69 FR 67852, Nov. 22, 2004; 70 FR 6761, Feb. 8, 2005; 70 FR 61062, Oct. 20, 2005]

§ 90.699 Transition of the upper 200 channels in the 800 MHz band to EA licensing.

In order to facilitate provision of service throughout an EA, an EA licensee may relocate incumbent licensees in its EA by providing “comparable facilities” on other frequencies in the 800 MHz band. Such relocation is subject to the following provisions:

(a-c) [Reserved]

(d) Comparable facilities. The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing 800 MHz system with respect to the following four factors:

(1) System. System is defined functionally from the end user's point of view (i.e., a system is comprised of base station facilities that operate on an integrated basis to provide service to a common end user, and all mobile units associated with those base stations). A system may include multiple-licensed facilities that share a common switch or are otherwise operated as a unitary system, provided that the end user has the ability to access all such facilities. A system may cover more than one EA if its existing geographic coverage extends beyond the EA borders.

(2) Capacity. To meet the comparable facilities requirement, an EA licensee must relocate the incumbent to facilities that provide equivalent channel capacity. We define channel capacity as the same number of channels with the same bandwidth that is currently available to the end user. For example, if an incumbent's system consists of five 50 kHz (two 25 kHz paired frequencies) channels, the replacement system must also have five 50 kHz channels. If a different channel configuration is used, it must have the same overall capacity as the original configuration. Comparable channel capacity requires equivalent signaling capability, baud rate, and access time. In addition, the geographic coverage of the channels must be coextensive with that of the original system.

(3) Quality of service. Comparable facilities must provide the same quality of service as the facilities being replaced. Quality of service is defined to mean that the end user enjoys the same level of interference protection on the new system as on the old system. In addition, where voice service is provided, the voice quality on the new system must be equal to the current system. Finally, reliability of service is considered to be integral to defining quality of service. Reliability is the degree to which information is transferred accurately within the system. Reliability is a function of equipment failures (e.g., transmitters, feed lines, antennas, receivers, battery back-up power, etc.) and the availability of the frequency channel due to propagation characteristics (e.g., frequency, terrain, atmospheric conditions, radio-frequency noise, etc.) For digital data systems, this will be measured by the percent of time the bit error rate exceeds the desired value. For analog or digital voice transmissions, this will be measured by the percent of time that audio signal quality meets an established threshold. If analog voice system is replaced with a digital voice system the resulting frequency response, harmonic distortion, signal-to-noise ratio, and reliability will be considered.

(4) Operating costs. Operating costs are those costs that affect the delivery of services to the end user. If the EA licensee provides facilities that entail higher operating cost than the incumbent's previous system, and the cost increase is a direct result of the relocation, the EA licensee must compensate the incumbent for the difference. Costs associated with the relocation process can fall into several categories. First, the incumbent must be compensated for any increased recurring costs associated with the replacement facilitates (e.g., additional rental payments, increased utility fees). Second, increased maintenance costs must be taken into consideration when determining whether operating costs are comparable. For example, maintenance costs associated with analog systems may be higher than the costs of digital equipment because manufacturers are producing mostly digital equipment and analog replacement parts can be difficult to find. An EA licensee's obligation to pay increased operating costs will end five years after relocation has occurred.

(e-f) [Reserved]

[62 FR 41217, July 31, 1997, as amended at 77 FR 28798, May 16, 2012]