§  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