Sec. 90.623  Limitations on the number of frequencies assignable for 
          conventional systems.

    (a) The maximum number of frequency pairs that may be assigned to a 
licensee for operation in the conventional mode in a given area is five 
(5).
    (b) Where an applicant proposes to operate a conventional radio 
system to provide facilities for the use of a single person or entity 
eligible under subparts B or C of this part, the applicant may be 
assigned only the number of frequency pairs justified on the basis of 
the requirement of the proposed single user of the system.
    (c) No non-SMR licensee will be authorized an additional frequency 
pair for a conventional system within 64

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kilometers (40 miles) of an existing conventional system, except where:
    (1) The additional frequency pair will be used to provide radio 
facilities to a single entity and the additional frequency pair is 
justified on the basis of the requirements of the proposed single user; 
or,
    (2) The licensee's existing frequency pair(s) is loaded to 
prescribed levels.
    (d) No licensee will be authorized frequencies for a conventional 
system if that licensee is operating an unloaded trunked system or has 
an application pending for a trunked system to serve multiple 
subscribers within 64 km (40 miles) of the requested conventional 
system.
[ 47 FR 41032 , Sept. 16, 1982, as amended at  48 FR 44559 , Sept. 29, 1983; 
 48 FR 51929 , Nov. 15, 1983;  58 FR 44963 , Aug. 25, 1993;  59 FR 59966 , 
Nov. 21, 1994;  62 FR 18935 , Apr. 17, 1997]

    Effective Date Note: At  62 FR 18935 , Apr. 17, 1997, Sec. 90.623 was 
amended by revising paragraph (b), effective Oct. 17, 1997.