Goto Section: 90.171 | 90.175 | Table of Contents
FCC 90.173
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 90.173 Policies governing the assignment of frequencies.
(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 Sec. Sec. 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
Sec. 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 Sec. 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 Sec. Sec. 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 Sec. Sec. 90.20 (d)(27) and (d)(44), and in the
Industrial/Business Pool, frequencies subject to Sec. Sec. 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 Sec. 90.20(d)(27) and in the
Industrial/Business Pool, frequencies subject to Sec. 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 Sec. 90.20(d)(44), and in the
Industrial/Business Pool, frequencies subject to Sec. 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]
Goto Section: 90.171 | 90.175
Goto Year: 2007 |
2009
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