Sec.  90.353   LMS operations in the 902–928 MHz band.

   LMS systems may be authorized within the 902–928 MHz band, subject to the
   conditions in this section. LMS licensees are required to maintain whatever
   records are necessary to demonstrate compliance with these provisions and
   must make these records available to the Commission upon request:

   (a)  LMS  operations  will not cause interference to and must tolerate
   interference from industrial, scientific, and medical (ISM) devices and
   radiolocation Government stations that operate in the 902–928 MHz band.

   (b)  LMS  systems  are authorized to transmit status and instructional
   messages, either voice or non-voice, so long as they are related to the
   location or monitoring functions of the system.

   (c) LMS systems may utilize store and forward interconnection, where either
   transmissions from a vehicle or object being monitored are stored by the LMS
   provider for later transmission over the public switched network (PSN), or
   transmissions received by the LMS provider from the PSN are stored for later
   transmission  to  the  vehicle  or  object  being monitored. Real-time
   interconnection between vehicles or objects being monitored and the PSN will
   only be permitted to enable emergency communications related to a vehicle or
   a passenger in a vehicle. Such real-time, interconnected communications may
   only  be  sent to or received from a system dispatch point or entities
   eligible in the Public Safety or Special Emergency Radio Services. See
   subparts B and C of this part.

   (d) Multilateration LMS systems will be authorized on a primary basis within
   the   bands   904–909.75  MHz  and  921.75–927.25  MHz.  Additionally,
   multilateration and non-multilateration systems will share the 919.75–921.75
   MHz band on a co-equal basis. Licensing will be on the basis of Economic
   Areas (EAs) for multilateration systems, with one exclusive EA license being
   issued for each of these three sub-bands. Except as provided in paragraph
   (f) of this section, multilateration EA licensees may be authorized to
   operate on only one of the three multilateration bands within a given EA.
   Additionally, EA multilateration LMS licenses will be conditioned upon the
   licensee's ability to demonstrate through actual field tests that their
   systems do not cause unacceptable levels of interference to 47 CFR part 15
   devices.

   (e) Multilateration EA-licensed systems and grandfathered automatic vehicle
   monitoring service (AVM) systems ( see  Sec. 90.363) are authorized on a shared
   basis  and  must  cooperate in the selection and use of frequencies in
   accordance with  Sec. 90.173(b).

   (f) Multilateration EA licensees may be authorized to operate on both the
   919.75–921.75  MHz and 921.75–927.25 MHz bands within a given EA ( see
    Sec. 90.210(b)(5)).

   (g)  Multilateration  LMS systems whose primary operations involve the
   provision of vehicle location services, may provide non-vehicular location
   services.

   (h) Non-multilateration stations are authorized to operate on a shared,
   non-exclusive basis in the 902–904 MHz and 909.75–921.75 MHz sub-bands.
   Non-multilateration systems and multilateration systems will share the
   919.75–921.75 MHz band on a co-equal basis. Non-multilateration LMS systems
   may not provide non-vehicular location services. The maximum antenna height
   above ground for non-multilateration LMS systems is 15 meters.

   (i) Non-multilateration LMS licenses will be issued on a site-by-site basis,
   except that municipalities or other governmental operatives may file jointly
   for  a non-multilateration license covering a given U.S. Department of
   Commerce Bureau of Economic Analysis Economic Area (EA). Such an application
   must  identify  all  planned  sites.  After receiving the license, the
   non-multilateration EA licensee must notify the Commission if sites are
   deleted  or if new sites are added, before those sites may be put into
   operation.

   [ 60 FR 15253 , Mar. 23, 1995, as amended at  62 FR 52044 , Oct. 6, 1997;  72 FR 35198 , June 27, 2007]