47 C.F.R. Subpart H—Policies Governing the Assignment of Frequencies
Title 47 - Telecommunication
This subpart contains detailed information concerning the policies under which the Commission assigns frequencies for the use of licensees under this part, frequency coordination procedures, and procedures under which licensees may cooperatively share radio facilities. (a) Except as indicated in paragraph (j) of this section, the frequencies which ordinarily may be assigned to stations in the services governed by this part are listed in subparts B, C and F of this part. Except as otherwise specifically provided in this part, frequencies assigned to land mobile stations are available on a shared basis only and will not be assigned for the exclusive use of any licensee. (b) All applicants and licensees shall cooperate in the selection and use of frequencies in order to reduce interference and make the most effective use of the authorized facilities. 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 of the stations concerned. Further the use of any frequency at a given geographical location may be denied when, in the judgment of the Commission, its use in that location is not in the public interest; the use of any frequency may be restricted as to specified geographical areas, maximum power, or such other operating conditions, contained in this part or in the station authorization. (c) Frequencies allocated for Federal Government radio stations under Executive order of the President may be authorized for the use of stations in these services upon appropriate showing by the applicant that such assignment is necessary for inter-communication with government stations or required for coordination with activities of the Federal Government, and where the Commission finds, after consultation with the appropriate government agency or agencies, that such assignment is necessary. (d) The radio facilities authorized under this part are intended for use in connection with and as an adjunct to the primary governmental or business activities of the licensee. (e) Persons requesting authority to operate in the band 25–50 MHz should recognize that this band is shared with various services in other countries and that harmful interference may be caused by the propagation of signals in this band from distant stations. No protection from such harmful interference generally can be expected. (f) Applications for stations in the 150–174 MHz and 421–512 MHz bands for operation on frequencies 15 kHz or less removed from existing stations in the same geographic area will be granted based upon a recommendation from the applicable frequency coordinator as specified in §§90.20(c)(2) and 90.35(b)(2). (g) In the states of Alaska and Hawaii, and in areas outside the continental limits of the United States and the adjacent waters, the frequencies above 150.8 MHz which are listed elsewhere in this part as available for assignment to base stations or mobile stations in the Industrial/Business Pool are also available for assignment to operational fixed stations in the Industrial/Business Pool on a secondary basis. (h) In the Public Safety Pool, base stations may be authorized to operate on a secondary basis on frequencies below 450 MHz which are available to mobile stations. (i) In the 450–470 MHz band, the frequencies are ordinarily assigned in pairs, with the mobile station transmit frequency 5 MHz above the paired base station transmit frequency. In the 470–512 MHz band, the frequencies are ordinarily assigned in pairs with the mobile station transmit frequency 3 MHz above the paired base station transmit frequency. In the Industrial/Business Pool, in the 150 MHz band, the frequencies subject to §90.35(c)(6) may be assigned in pairs with the separation between base and mobile frequencies being 5.26 MHz. A mobile station may be assigned the frequency which would normally be assigned to a base station for single-frequency operation. However, this single-frequency operation may be subject to interference that would not occur to a two-frequency system. (j) Frequencies other than those listed in subparts B and C of this part may be assigned in the 150–174 MHz, 421–430 MHz, 450–470 MHz, and 470–512 MHz bands, provided the following conditions are met: (1) Such applications must be accompanied by a showing of frequency coordination in accordance with the requirements of §90.175; (2) The frequencies must not be available in any other rule part of this chapter; and (3) The authorized bandwidth of any system operating in accordance with this paragraph must not overlap spectrum available in other rule parts of this chapter unless that spectrum is also allocated in part 90. (k) This paragraph is only applicable to entities with Finder's Preference requests pending before the Commission as of July 29, 1998. Notwithstanding any other provisions of this part, any eligible person shall be given a dispositive preference for a channel assignment on an exclusive basis in the 220–222 MHz, 470–512 MHz, and 800/900 MHz (except on frequencies designated exclusively for SMR service) bands by submitting information that leads to the recovery of channels in these bands. Recovery of such channels must result from information provided regarding the failure of existing licensees to comply with the provisions of §§90.155, 90.157, 90.629, 90.631 (e) or (f), or 90.633 (c) or (d). (l) In the 150–174 MHz band, except where otherwise specifically provided, authorizations for frequencies that were available prior to August 18, 1995 will be granted with channel bandwidths of 25 kHz or less. Authorizations for all other frequencies in this band will be granted with channel bandwidths of 12.5 kHz or less (i.e., in the Public Safety Pool, frequencies subject to §§90.20 (d)(27) and (d)(44), and in the Industrial/Business Pool, frequencies subject to §§90.35 (c)(30) and (c)(33)). (m) In the 421–512 MHz band, except where otherwise specifically provided, authorizations for frequencies that were available prior to August 18, 1995 will be granted with channel bandwidths of 25 kHz or less. New authorizations for frequencies 12.5 kHz removed from these frequencies will be made for channel bandwidths of 12.5 kHz or less (i.e., in the Public Safety Pool, frequencies subject to §90.20(d)(27) and in the Industrial/Business Pool, frequencies subject to §90.35(c)(30)). Authorizations for frequencies 6.25 kHz removed from these frequencies will be granted with channel bandwidths of 6.25 kHz or less (i.e., in the Public Safety Pool, frequencies subject to §90.20(d)(44), and in the Industrial/Business Pool, frequencies subject to §90.35(c)(33)). (n) Any recovered channels in the 800 MHz SMR service will revert automatically to the holder of the EA license within which such channels are included. If there is no EA licensee for recovered channels, such channels will be retained by the Commission for future licensing. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307) [43 FR 54791, Nov. 22, 1978, as amended at 45 FR 43419, June 27, 1980; 46 FR 55704, Nov. 12, 1981; 50 FR 13605, Apr. 5, 1985; 54 FR 39739, Sept. 28, 1989; 56 FR 65859, Dec. 19, 1991; 57 FR 24992, June 12, 1992; 58 FR 51252, Oct. 1, 1993; 60 FR 37261, July 19, 1995; 60 FR 48917, Sept. 21, 1995; 61 FR 6155, Feb. 16, 1996; 62 FR 2038, Jan. 15, 1997; 62 FR 18925, Apr. 17, 1997; 63 FR 44585, Aug. 20, 1998; 64 FR 36269, July 6, 1999] Except for applications listed in paragraph (j) of this section, each application for a new frequency assignment, for a change in existing facilities as listed in §90.135(a), or for operation at temporary locations in accordance with §90.137 must include a showing of frequency coordination as set forth further. (a) Frequency coordinators may request, and applicants are required to provide, all appropriate technical information, system requirements, and justification for requested station parameters when such information is necessary to identify and recommend the most appropriate frequency. Additionally, applicants bear the burden of proceeding and the burden of proof in requesting the Commission to overturn a coordinator's recommendation. (b) For frequencies between 25 and 470 MHz: (1) A statement is required from the applicable frequency coordinator as specified in §§90.20(c)(2) and 90.35(b) recommending the most appropriate frequency. In addition, for frequencies above 150 MHz, if the interference contour of a proposed station would overlap the service contour of a station on a frequency formerly shared prior to radio service consolidation by licensees in the Manufacturers Radio Service, the Forest Products Radio Service, the Power Radio Service, the Petroleum Radio Service, the Motor Carrier Radio Service, the Railroad Radio Service, the Telephone Maintenance Radio Service or the Automobile Emergency Radio Service, the written concurrence of the coordinator for the industry-specific service, or the written concurrence of the licensee itself, must be obtained. Requests for concurrence must be responded to within 20 days of receipt of the request. The written request for concurrence shall advise the receiving party of the maximum 20 day response period. The coordinator's recommendation may include comments on technical factors such as power, antenna height and gain, terrain and other factors which may serve to minimize potential interference. In addition: (2) On frequencies designated for coordination or concurrence by a specific frequency coordinator as specified in §§90.20(c)(3) and 90.35(b), the applicable frequency coordinator shall provide a written supporting statement in instances in which coordination or concurrence is denied. The supporting statement shall contain sufficient detail to permit discernment of the technical basis for the denial of concurrence. Concurrence may be denied only when a grant of the underlying application would have a demonstrable, material, adverse effect on safety. (3) In instances in which a frequency coordinator determines that an applicant's requested frequency or the most appropriate frequency is one designated for coordination or concurrence by a specific frequency coordinator as specified in §§90.20(c)(3) or 90.35(b), that frequency coordinator may forward the application directly to the appropriate frequency coordinator. A frequency coordinator may only forward an application as specified above if consent is received from the applicant. (c) For frequencies above 800 MHz: When frequencies are shared by more than one service, concurrence must be obtained from the other applicable certified coordinators. (d) For frequencies in the 450–470 MHz band: When used for secondary fixed operations, frequencies shall be assigned and coordinated pursuant to §90.261. (e) For frequencies between 470 and 512 MHz, 764–776/794–806 MHz, 806–824/851–869 MHz, and 896–901/935–940 MHz: A recommendation of the specific frequencies that are available for assignment in accordance with the loading standards and mileage separations applicable to the specific radio service, frequency pool, or category of user involved is required from an applicable frequency coordinator. (f) For frequencies in the 929–930 MHz band listed in paragraph (b) of §90.494: A statement is required from the coordinator recommending the most appropriate frequency. (g) For frequencies between 1427–1432 MHz: A statement is required from the coordinator recommending the most appropriate frequency, operating power and area of operation in accordance with the requirements of §90.259(b). (h) Any recommendation submitted in accordance with paragraphs (a), (c), (d), or (e) of this section is advisory in character and is not an assurance that the Commission will grant a license for operation on that frequency. Therefore, applicants are strongly advised not to purchase radio equipment operating on specific frequencies until a valid authorization has been obtained from the Commission. (i) Applications for facilities near the Canadian border north of line A or east of line C in Alaska may require coordination with the Canadian government. See §1.928 of this chapter. (j) The following applications need not be accompanied by evidence of frequency coordination: (1) Applications for frequencies below 25 MHz. (2) Applications for a Federal Government frequency. (3) Applications for frequencies in the 72–76 MHz band except for mobile frequencies subject to §90.35(c)(77). (4) Applications for a frequency to be used for developmental purposes. (5) Applications in the Industrial/Business Pool requesting a frequency designated for itinerant operations, and applications requesting operation on 154.570 MHz, 154.600 MHz, 151.820 MHz, 151.880 MHz, and 151.940 MHz. (6) Applications in the Radiolocation Service. (7) Applications filed exclusively to modify channels in accordance with band reconfiguration in the 806–824/851–869 band. (8) Applications for SMR frequencies contained in §§90.617(d) Table 4A, 90.617(e), 90.617(f) and 90.619(b)(2). (9) Applications indicating license assignments such as change in ownership, control or corporate structure if there is no change in technical parameters. (10) Applications for mobile stations operating in the 470–512 MHz band, 764–776/794–806 MHz band, or above 800 MHz if the frequency pair is assigned to a single system on an exclusive basis in the proposed area of operation. (11) Applications for add-on base stations in multiple licensed systems operating in the 470–512 MHz, 764–776/794–806 MHz band, or above 800 MHz if the frequency pair is assigned to a single system on an exclusive basis. (12) Applications for control stations operating below 470 MHz, 764–776/794–806 MHz, or above 800 MHz and meeting the requirements of §90.119(b). (13) Except for applications for the frequencies set forth in §§90.719(c) and 90.720, applications for frequencies in the 220–222 MHz band. (14) Applications for a state license under §90.529. (15) Applications for narrowband low power channels listed for itinerant use in §90.531(b)(4). (16) Applications for DSRCS licenses (as well as registrations for Roadside Units) in the 5850–5925 GHz band. (17) Applications for the deletion of a frequency and/or transmitter site location. [67 FR 41858, June 20, 2002, as amended at 67 FR 63289, Oct. 11, 2002; 68 FR 38639, June 30, 2003; 69 FR 39867, July 1, 2004; 69 FR 46443, Aug. 3, 2004; 70 FR 6759, Feb. 8, 2005; 70 FR 61061, Oct. 20, 2005; 70 FR 76708, Dec. 28, 2005] (a) Frequencies below 470 MHz. Within one business day of making a frequency recommendation, each frequency coordinator must notify and provide the information indicated in paragraph (f) of this section to all other frequency coordinators who are also certified to coordinate that frequency. (1) The applicable frequency coordinator for each frequency is specified in the coordinator column of the frequency tables of §§90.20(c)(3) and 90.35(b)(3). (2) For frequencies that do not specify any frequency coordinator, all certified in-pool coordinators must be notified. (3) For frequencies that are shared between the Public Safety Pool and the Industrial/Business Pool (frequencies subject to §§90.20(d)(7), (d)(25), (d)(34), or (d)(46) in the Public Safety Pool, and subject to §§90.35(c)(13), (c)(25), or (d)(4) in the Industrial/Business Pool), all certified coordinators of both pools must be notified. (b) Frequencies in the 470–512 MHz band. Within one business day of making a frequency recommendation, each frequency coordinator must notify and provide the information indicated in paragraph (f) of this section to all other certified frequency coordinators in the Public Safety Pool and the Industrial/Business Pool. (c) Frequencies in the 764–776/794–806 MHz band. Within one business day of making a frequency recommendation, each frequency coordinator must notify and provide the information indicated in paragraph (f) of this section to all other certified frequency coordinators in the Public Safety Pool. (d) Each frequency coordinator must also notify all other certified in-pool coordinators on any day that the frequency coordinator does not make any frequency recommendations. (e) Notification must be made to all coordinators at approximately the same time and can be made using any method that ensures compliance with the one business day requirement. (f) At a minimum the following information must be included in each notification: (1) Name of applicant; (2) Frequency or frequencies recommended; (3) Antenna locations and heights; (4) Effective radiated power (ERP); (5) Type(s) of emissions; (6) Description of the service area; and (7) Date and time of recommendation. (g) Upon request, each coordinator must provide any additional information requested from another certified coordinator regarding a pending recommendation that it has processed but has not yet been granted by the Commission. (h) It is the responsibility of each coordinator to insure that its frequency recommendations do not conflict with the frequency recommendations of any other frequency coordinator. Should a conflict arise, the affected coordinators are jointly responsible for taking action to resolve the conflict, up to and including notifying the Commission that an application may have to be returned. [65 FR 53645, Sept. 5, 2000] Effective Date Note: At 65 FR 53645, Sept. 5, 2000, §90.176 was revised. This section contains information collection requirements and will not be effective until approved by the Office of Management and Budget. For the convenience of the reader, the superseded text is set forth as follows: (a) Frequencies below 470 MHz. Within one business day of making a frequency recommendation, each frequency coordinator must notify and provide the information indicated in paragraph (e) of this section to all other frequency coordinators who are also certified to coordinate that frequency. (1) The applicable frequency coordinator for each frequency is specified in the coordinator column of the frequency tables of §§90.20(c)(3) and 90.35(b)(3). (2) For frequencies that do not specify any frequency coordinator, all certified in-pool coordinators must be notified. (3) For frequencies that are shared between the Public Safety Pool and the Industrial/Business Pool (frequencies subject to §§90.20(d)(7), (d)(25), (d)(34), or (d)(46) in the Public Safety Pool, and subject to §§90.35(c)(13), (c)(25), or (d)(4) in the Industrial/Business Pool), all certified coordinators of both pools must be notified. (b) Frequencies in the 470–512 MHz band. Within one business day of making a frequency recommendation, each frequency coordinator must notify and provide the information indicated in paragraph (e) of this section to all other certified frequency coordinators in the Public Safety Pool and the Industrial/Business Pool. (c) Each frequency coordinator must also notify all other certified in-pool coordinators on any day that the frequency coordinator does not make any frequency recommendations. (d) Notification must be made to all coordinators at approximately the same time and can be made using any method that ensures compliance with the one business day requirement. (e) At a minimum the following information must be included in each notification: (1) Name of applicant; (2) Frequency or frequencies recommended; (3) Antenna locations and heights; (4) Effective radiated power (ERP); (5) Type(s) of emissions; (6) Description of the service area; and (7) Date and time of recommendation. (f) Upon request, each coordinator must provide any additional information requested from another certified coordinator regarding a pending recommendation that it has processed but has not yet been granted by the Commission. (g) It is the responsibility of each coordinator to insure that its frequency recommendations do not conflict with the frequency recommendations of any other frequency coordinator. Should a conflict arise, the affected coordinators are jointly responsible for taking action to resolve the conflict, up to and including notifying the Commission that an application may have to be returned. [62 FR 18926, Apr. 17, 1997] Licensees of radio stations authorized under this rule part may share the use of their facilities. A station is shared when persons not licensed for the station control the station for their own purposes pursuant to the licensee's authorization. Shared use of a radio station may be either on a non-profit cost shared basis or on a for-profit private carrier basis. Shared use of an authorized station is subject to the following conditions and limitations: (a) Persons may share a radio station only on frequencies for which they would be eligible for a separate authorization. (b) The licensee of the shared radio station is responsible for assuring that the authorized facility is used only by persons and only for purposes consistent with the requirements of this rule part. (c) Participants in the sharing arrangement may obtain a license for their own mobile units (including control points and/or control stations for control of the shared facility), or they may use mobile stations, and control stations or control points authorized to the licensee. (d) If the licensee shares the land station on a non-profit, cost shared basis to the licensee, this shared use must be pursuant to a written agreement between the licensee and each participant which sets out (1) the method of operation, (2) the components of the system which are covered by the sharing arrangements, (3) the method by which costs are to be apportioned, and (4) acknowledgement that all shared transmitter use must be subject to the licensee's control. These agreements must be kept as part of the station records. (e) If the land station which is being shared is interconnected with the public switched telephone network, the provisions of §90.477 et seq. apply. (f) Above 800 MHz, shared use on a for-profit private carrier basis is permitted only by SMR, Private Carrier Paging, LMS, and DSRCS licensees. See subparts M, P, and S of this part. (g) Notwithstanding paragraph (a) of this section, licensees authorized to operate radio systems on Public Safety Pool frequencies designated in §90.20 may share their facilities with Federal Government entities on a non-profit, cost-shared basis. Such a sharing arrangement is subject to the provisions of paragraphs (b), (d), and (e) of this section. State governments authorized to operate radio systems under §90.529 may share the use of their systems (for public safety services not made commercially available to the public) with any entity that would be eligible for licensing under §90.523 and Federal government entities. (h) Notwithstanding paragraph (a) of this section, licensees authorized to operate radio systems on Industrial/Business Pool frequencies designated in §90.35 may share their facilities with Public Safety Pool entities designated in §90.20 and with Federal Government entities on a non-profit, cost-shared basis. Such a sharing arrangement is subject to the provisions of paragraphs (b), (d), and (e) of this section. (i) The provisions of this section do not apply to licensees authorized to provide commercial mobile radio service under this part, including licensees authorized to use channels transferred or assigned pursuant to §90.621(e)(2). (j) On the Interoperability Channels in the 700 MHz Public Safety Band (See 90.531(b)(1)), hand-held and vehicular units operated by any licensee holding a license in the 700 MHz Public Safety Band or by any licensee for any public safety frequency pursuant to part 90 of the Commission's rules may communicate with or through land stations without further authorization and without a sharing agreement. [48 FR 26620, June 9, 1983, as amended at 51 FR 36014, Oct. 8, 1986; 53 FR 12156, Apr. 13, 1988; 54 FR 4030, Jan. 27, 1989; 54 FR 38681, Sept. 20, 1989; 57 FR 48739, Oct. 28, 1992; 59 FR 59965, Nov. 21, 1994; 60 FR 15252, Mar. 23, 1995; 65 FR 60875, Oct. 13, 2000; 65 FR 66654, Nov. 7, 2000; 66 FR 55, Jan. 2, 2001; 66 FR 10635, Feb. 16, 2001; 66 FR 21287, Apr. 30, 2001; 69 FR 46443, Aug. 3, 2004] Two or more persons eligible for licensing under this rule part may be licensed for the same land station under the following terms and conditions. (a) Each licensee complies with the general operating requirements set out in §90.403 of the rules. (b) Each licensee is eligible for the frequency(ies) on which the land station operates. (c) If the multiple licensed base station is interconnected with the public switched telephone network, the provisions of §90.477 et seq. apply. [48 FR 26621, June 9, 1983] (a) Applicants for trunked systems operating on frequencies between 150 and 512 MHz (except 220–222 MHz) must indicate on their applications (class of station code, instructions for FCC Form 601) that their system will be trunked. Licensees of stations that are not trunked, may trunk their systems only after modifying their license (see §1.927 of this chapter). (b) Trunked systems operating under this section must employ equipment that prevents transmission on a trunked frequency if a signal from another system is present on that frequency. The level of monitoring must be sufficient to avoid causing harmful interference to other systems. However, this monitoring requirement does not apply if the conditions in paragraph (b)(1) or (b)(2) of this section, are met: (1) Where applicants for or licensees operating in the 470–512 MHz band meet the loading requirements of §90.313 and have exclusive use of their frequencies in their service area. (2) On frequencies where an applicant or licensee does not have an exclusive service area provided that all frequency coordination requirements are complied with and written consent is obtained from affected licensees using either the procedure set forth in paragraphs (b)(2)(i) and (b)(2)(ii) of this section (mileage separation) or the procedure set forth in paragraph (b)(2)(iii) of this section (protected contours). (i) Affected licensees for the purposes of this section are licensees of stations that have assigned frequencies (base and mobile) that are 15 kHz or less removed from proposed stations that will operate with a 25 kHz channel bandwidth; stations that have assigned frequencies (base and mobile) that are 7.5 kHz or less removed from proposed stations that will operate with a 12.5 kHz bandwidth; or stations that have assigned frequencies (base and mobile) 3.75 kHz or less removed from proposed stations that will operate with a 6.25 kHz bandwidth. (ii) Where such stations' service areas (37 dBu contour for stations in the 150–174 MHz band and 39 dBu contour for stations in the 421–512 MHz bands; see §90.205) overlap a circle with radius 113 km (70 mi.) from the proposed base station. (iii) In lieu of the mileage separation procedure set forth in paragraphs (b)(2)(i) and (b)(2)(ii) of this section, applicants for trunked facilities may obtain consent only from stations that would be subjected to objectionable interference from the trunked facilities. Objectionable interference will be considered to exist when the interference contour (19 dBu for VHF stations, 21 dBu for UHF stations) of a proposed trunked station would intersect the service contour (37 dBu for VHF stations, 39 dBu for UHF stations) of an existing station. The existing stations that must be considered in a contour overlap analysis are a function of the channel bandwidth of the proposed trunked station, as follows: (A) For trunked stations proposing 25 kHz channel bandwidth: Existing co-channel stations and existing stations that have an operating frequency 15 kHz or less from the proposed trunked station. (B) For trunked stations proposing 12.5 kHz channel bandwidth: Existing co-channel stations and existing stations that have an operating frequency 7.5 kHz or less from the proposed trunked station. (C) For trunked stations proposing 6.25 kHz channel bandwidth: Existing co-channel stations and existing stations that have an operating frequency 3.75 kHz or less from the proposed trunked station. (iv) The calculation of service and interference contours referenced in paragraph (b)(2)(iii) of this section shall be done using generally accepted engineering practices and standards which, for purposes of this section, shall presumptively be the practices and standards agreed to by a consensus of all certified frequency coordinators. (v) The written consent from the licensees specified in paragraphs (b)(2)(i) and (b)(2)(ii) or (b)(2)(iii)(A), (b)(2)(iii)(B) and (b)(2)(iii)C of this section shall specifically state all terms agreed to by the parties and shall be signed by the parties. The written consent shall be maintained by the operator of the trunked station and be made available to the Commission upon request. The submission of a coordinated trunked application to the Commission shall include a certification from the applicant that written consent has been obtained from all licensees specified in paragraphs (b)(2)(i) and (b)(2)(ii) or (b)(2)(iii)(A), (b)(2)(iii)(B) and (b)(2)(iii)(C) of this section that the written consent documents encompass the complete understandings and agreements of the parties as to such consent; and that the terms and conditions thereof are consistent with the Commission's rules. Should a potential applicant disagree with a certified frequency coordinator's determination that objectionable interference exists with respect to a given channel or channels, that potential applicant may request the Commission to overturn the certified frequency coordinator's determination. In that event, the burden of proving by clear and convincing evidence that the certified frequency coordinator's determination is incorrect shall rest with the potential applicant. If a licensee has consented to the use of trunking, but later decides against the use of trunking, that licensee may request that the licensee(s) of the trunked system(s) cease the use of trunking. Should the trunked station(s) decline the licensee's request, the licensee may request a replacement channel from the Commission. A new applicant whose interference contour overlaps the service contour of a trunked licensee will be assigned the same channel as the trunked licensee only if the trunked licensee consents in writing and a copy of the written consent is submitted to the certified frequency coordinator responsible for coordination of the application. (c) Trunking of systems licensed on paging-only channels or licensed in the Radiolocation Service (subpart F) is not permitted. (d) Potential applicants proposing trunked operation may file written notice with any certified frequency coordinator for the pool (Public Safety or Industrial/Business) in which the applicant proposes to operate. The notice shall specify the channels on which the potential trunked applicant proposes to operate and the proposed effective radiated power, antenna pattern, height above ground, height above average terrain and proposed channel bandwidth. On receipt of such a notice, the certified frequency coordinator shall notify all other certified frequency coordinators in the relevant pool within one business day. For a period of sixty days thereafter, no application will be accepted for coordination which specifies parameters that would result in objectionable interference to the channels specified in the notice. Potential applicants shall not file another notice for the same channels within 10 km (6.2 miles) of the same location unless six months shall have elapsed since the filing of the last such notice. Certified frequency coordinators shall return without action, any coordination request which violates the terms of this paragraph (d). (e) No more than 10 channels for trunked operation in the Industrial/Business Pool may be applied for in a single application. Subsequent applications, limited to an additional 10 channels or fewer, must be accompanied by a certification, submitted to the certified frequency coordinator coordinating the application, that all of the applicant's existing channels authorized for trunked operation have been constructed and placed in operation. Certified frequency coordinators are authorized to require documentation in support of the applicant's certification that existing channels have been constructed and placed in operation. Applicants in the Public Safety Pool may request more than 10 channels at a single location provided that any application for more than 10 Public Safety Pool channels must be accompanied by a showing of sufficient need. The requirement for such a showing may be satisfied by submission of loading studies demonstrating that requested channels in excess of 10 will be loaded with 50 mobiles per channel within a five year period commencing with grant of the application. (f) If a licensee authorized for trunked operation discontinues trunked operation for a period of 30 consecutive days, the licensee, within 7 days of the expiration of said 30 day period, shall file a conforming application for modification of license with the Commission. Upon grant of that application, new applicants may file for the same channel or channels notwithstanding the interference contour of the new applicant's proposed channel or channels overlaps the service contour of the station that was previously engaged in trunked operation. [65 FR 60875, Oct. 13, 2000]
Title 47: Telecommunication
PART 90—PRIVATE LAND MOBILE RADIO SERVICES
Subpart H—Policies Governing the Assignment of Frequencies
§ 90.171 Scope.
§ 90.173 Policies governing the assignment of frequencies.
§ 90.175 Frequency coordinator requirements.
§ 90.176 Coordinator notification requirements on frequencies below 512 MHz or at 764–776/794–806 MHz.
§ 90.176 Coordinator notification requirements on frequencies below 512 MHz.
§ 90.179 Shared use of radio stations.
§ 90.185 Multiple licensing of radio transmitting equipment in the mobile radio service.
§ 90.187 Trunking in the bands between 150 and 512 MHz.
