Sec.  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  Sec. 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  Sec. 90.621(e).

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

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

   (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
   of Gen. Docket No. 87–112 (See  Sec. 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.

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

   Table 1A—Public Safety Pool 806–816/851–861 MHz Band Channels for Counties
   in Southeastern U.S.

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

   (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  Sec. 90.7 are prohibited on these
   channels.  These  channels  are available for intercategory sharing as
   indicated in  Sec. 90.621(e).

   Table 1B—Public Safety Pool 806–816/851–861 MHz Band Channels for Atlanta,
   GA

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

   (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  Sec. 90.603(c).
   800 MHz high density cellular systems as defined in  Sec. 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  Sec. 90.621(e).

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

   [100 Channels]
   Group No. Channel Nos.
   322 322–362–402–442–482
   323 323–363–403–443–483
   324 324–364–404–444–484
   325 325–365–405–445–485
   326 326–366–406–446–486
   327 327–367–407–447–487
   342 342–382–422–462–502
   343 343–383–423–463–503
   344 344–384–424–464–504
   345 345–385–425–465–505
   346 346–386–426–466–506
   347 347–387–427–467–507
   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

   (1) Except as provided in paragraph (b)(2) of this section, the channels
   listed in Table 2A are available in the counties listed in  Sec. 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  Sec. 90.603(c).
   800 MHz high density cellular systems as defined in  Sec. 90.7 are prohibited on
   these channels. These channels are available for intercategory sharing as
   indicated in  Sec. 90.621(e).

   Table 2A—Business/Industrial/Land Transportation Pool 806–816/851–861 MHz
   Band for Channels in Southeastern U.S.

   [69 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

   (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  Sec. 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  Sec. 90.7 are prohibited on these channels. These channels are available for
   intercategory sharing as indicated in  Sec. 90.621(e).

   Table 2B—Business/Industrial/Land Transportation Pool 806–816/851–861 MHz
   Band for Channels in Atlanta, GA

   [69 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

   (c) The channels listed in Table 3 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  Sec. 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  Sec. 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  Sec. 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
    Sec. 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  Sec. 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

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

   (1) Except as provided in paragraph (d)(2) of this section, the channels
   listed in Table 4C are available in the counties listed in  Sec. 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
    Sec. 90.7 are prohibited on these channels. These channels are available for
   intercategory sharing as indicated in  Sec. 90.621(e).

   Table  4C—SMR Category 806–816/851–861 MHz Band Channels Available for
   Site-Based Licensing in Southeastern U.S. After January 21, 2005

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

   (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  Sec. 90.7 are prohibited on these
   channels.  These  channels  are available for intercategory sharing as
   indicated in  Sec. 90.621(e). 800 MHz high density cellular systems as defined in
    Sec. 90.7 are prohibited on these channels. These channels are available for
   intercategory sharing as indicated in  Sec. 90.621(e).

   Table  4D—SMR Category 806–816/851–861 MHz Band Channels Available for
   Site-Based Licensing in Atlanta, GA after January 21, 2005

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

   (e) The Channels listed in  Sec. 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  Sec. 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) The channels listed in Tables 6 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  Sec. 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
    Sec. 90.617(g)(1 through 3). The only exception will be for the counties listed
   in  Sec. 90.614(c). At locations greater then 113 km (70 mi) from the center city
   coordinates of Atlanta, GA within the counties listed in  Sec. 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  Sec. 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
    Sec. 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  Sec. 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  Sec. 90.175(c). Grandfathered EA-based licensees, however,
   are exempt from any of the frequency coordination requirements of  Sec. 90.175 as
   long as their operations remain within the Economic Area defined by their
   license in accordance with the requirements of  Sec. 90.683(a).

   (j)  Licensees  operating 800 MHz high density cellular systems on the
   channels listed in  Sec. 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  Sec. 90.7) in
   this portion of the band. These licensees will be grandfathered indefinitely
   subject to the provisions of  Sec.  Sec. 90.673, 90.674 and 90.675.

   (k) Licensees may operate systems other than 800 MHz high density cellular
   systems (as defined in  Sec. 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  Sec. 22.970 of this chapter and  Sec. 90.672) will be
   deemed to occur only at sites where the following median desired signals are
   received (rather than those specified in  Sec. 22.970(a)(1)(i) of this chapter
   and  Sec. 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:

   (i)  For  channels 511 to 524—the minimum median desired signal levels
   specified in  Sec. 22.970(a)(1)(i) of this chapter and  Sec. 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  Sec. 22.970(a)(1)(i) of this
   chapter and  Sec. 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:

   (i)  For  channels 511 to 524—the minimum median desired signal levels
   specified in  Sec. 22.970(a)(1)(i) of this chapter and  Sec. 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  Sec. 22.970(a)(1)(i) of this
   chapter and  Sec. 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.

   [ 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]