Sec. 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.

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    (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.