§  90.363   Grandfathering provisions for existing AVM licensees.

   (a) These provisions authorize grandfathered operation by automatic
   vehicle monitoring (AVM) systems licensed on or before February 3,
   1995. To attain grandfathered status for their stations, existing
   multilateration AVM licensees must file, on or before May 22, 1995,
   applications to modify their station licenses to comply with the band
   plan shown in §  90.357(a). These applications to modify must identify
   the multilateration sub-band or sub-bands in which the applicants
   intend to operate their LMS system stations, once their applications to
   modify have been authorized. The application to modify a license to
   comply with the band plan shown in §  90.357(a) may also include a
   modification to specify an alternate site, so long as the alternate
   site is 2 kilometers or less from the site specified in the original
   license.

   (b) When existing multilateration AVM licensees file applications to
   modify, as specified in paragraph (a) of this section, they must
   certify that either:

   (1) The stations that compose their AVM system were constructed and
   placed in operation in accordance with §  90.155(e) on or before
   February 3, 1995; or

   (2) The stations were not constructed and placed in operation in
   accordance with §  90.155(e) on or before February 3, 1995.

   (c) Multilateration AVM systems that were constructed and placed in
   operation on or before February 3, 1995 will be given until April 1,
   1998 to convert to the spectrum identified in their LMS system license.
   Such licensees may continue to operate their systems during this
   period. Licensees of multilateration AVM constructed and operational
   systems that do not file applications to modify on or before May 22,
   1995, will be permitted to continue operations under the provisions of
   former §  90.239 until April 1, 1998 or the end of their original
   license term, whichever occurs first, at which time such licenses will
   cancel automatically and will not be renewed.

   (d) Multilateration AVM licensees for stations that were not
   constructed and placed in operation on or before February 3, 1995 must
   construct their LMS systems and place them in operation on the spectrum
   identified in their LMS system license on or before September 1, 1996,
   or their licenses will cancel automatically (see Section 90.155 (e)).
   Also, these licenses will cancel automatically on July 1, 1996 unless
   timely modification applications are filed on or before this date (see
   paragraph (a) of this section).

   (e) Non-multilateration systems licensed in spectrum other than the
   902.00-904.00 and 909.75-921.75 MHz bands must modify their licenses by
   April 1, 1998 to specify operation solely in the bands provided in
   §  90.357(b) for non-multilateration systems and to operate their
   systems consistently with the provisions of §  90.353.

   [ 60 FR 15253 , Mar. 23, 1995, as amended at  61 FR 18986 , Apr. 30, 1996]

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