§  90.355   LMS operations below 512 MHz.

   Applications requiring not more than 25 kHz bandwidth per frequency in
   the 25-50 MHz, 150-170 MHz, and 450-512 MHz bands may use either
   base-mobile frequencies currently assigned the applicant, or be
   assigned base-mobile frequencies available in the service in which
   eligibility has been established, provided that:

   (a) For transmission between vehicles and base stations, each frequency
   in a single-frequency mode of operation will provide location data for
   approximately 200 vehicles, or both frequencies in a two-frequency mode
   of operation will provide location data for approximately 400 vehicles,
   except that for frequencies in the 450-512 MHz band that are assigned
   in pairs in accordance with the allocation plan for the band, the
   requirement is that location data be provided for approximately 200
   vehicles for each frequency pair; and a showing is made that 50 percent
   of the vehicles will be in operation within the system by the end of
   the second year of the initial license term, and 70 percent will be in
   operation within the system by the end of the initial license term;
   except that if these vehicle loading standards will not be met,
   frequencies will be assigned only on a secondary non-interference basis
   to any authorized radiotelephony operation.

   (b) The minimum separation between a proposed LMS station and the
   nearest co-channel base station of another licensee operating a voice
   system is 75 miles (120 km) for a single frequency mode of operation or
   35 miles (56 km) for a two-frequency mode of operation. Where the
   minimum mileage separation cannot be achieved, agreement to the use of
   F1D, F2D, G1D, G2D or P0N emission must be received from all existing
   co-channel licensees using voice emissions within the applicable
   mileage limits. If there is interference with voice operations and
   required agreement was not received, or operation was authorized on a
   secondary non-interference basis, the licensee of the LMS system is
   responsible for eliminating the interference.

   (c) Frequencies additional to any assigned under paragraph (a) of this
   section will not be assigned to the same licensee at any stations
   located within 64 km (40 miles) of any station in which the licensee
   holds an interest until each of such licensee's frequencies for LMS
   operation is shown to accommodate not less than 90 percent of the
   frequency loading requirements specified in paragraph (a) of this
   section.