Sec.  90.723   Selection and assignment of frequencies.

   (a) Phase II applications for frequencies in the 220–222 MHz band shall
   specify whether their intended use is for 10-channel nationwide systems,
   10-channel EA systems, 15-channel Regional systems, public safety/mutual aid
   use, or emergency medical use. Phase II applicants for frequencies for
   public safety/mutual aid use or emergency medical use shall specify the
   number of frequencies requested. All frequencies in this band will be
   assigned by the Commission.

   (b) Phase II channels will be assigned pursuant to  Sec.  Sec. 90.717, 90.719, 90.720,
   90.721, 90.761 and 90.763.

   (c) Phase II applicants for public safety/mutual aid and emergency medical
   channels will be assigned only the number of channels justified to meet
   their requirements.

   (d) Phase I base or fixed station receivers utilizing 221–222 MHz
   frequencies assigned from Sub-band A as designated in  Sec. 90.715(b) will be
   geographically separated from those Phase I base or fixed station
   transmitters utilizing 220–221 MHz frequencies removed 200 kHz or less and
   assigned from Sub-band B as follows:

Geographic Separation of Sub-Band A; Base or Fixed Station Receivers and
        Sub-Band B; Base or Fixed Station Transmitters Effective
------------------------------------------------------------------------
                                                               Radiated
                                                                 power
              Separation distance (kilometers)                  (watts)
                                                                  \1\
------------------------------------------------------------------------
0.0-0.3.....................................................       (\2\)
0.3-0.5.....................................................           5
0.5-0.6.....................................................          10
0.6-0.8.....................................................          20
0.8-2.0.....................................................          25
2.0-4.0.....................................................          50
4.0-5.0.....................................................         100
5.0-6.0.....................................................         200
Over 6.0....................................................         500
------------------------------------------------------------------------
\1\ Transmitter peak envelope power shall be used to determine effective
  radiated power.
\2\ Stations separated by 0.3 km or less shall not be authorized. This
  table does not apply to the low-power channels 196-200. See  Sec. 
  90.729(c).

   (e) Phase II licensees authorized on 220–221 MHz frequencies assigned from
   Sub-band B will be required to geographically separate their base station or
   fixed station transmitters from the base station or fixed station receivers
   of Phase I licensees authorized on 221–222 MHz frequencies 200 kHz removed
   or less in Sub-band A in accordance with the Table in paragraph (d) of this
   section. Such Phase II licensees will not be required to geographically
   separate their base station or fixed station transmitters from receivers
   associated with additional transmitter sites that are added by such Phase I
   licensees in accordance with the provisions of  Sec. 90.745(a).

   (f) Phase II licensees with base or fixed stations transmitting on 220–221
   MHz frequencies assigned from Sub-band B and Phase II licensees with base or
   fixed stations receiving on Sub-band A 221–222 MHz frequencies, if such
   transmitting and receiving frequencies are 200 kHz or less removed from one
   another, will be required to coordinate the location of their base stations
   or fixed stations to avoid interference and to cooperate to resolve any
   instances of interference in accordance with the provisions of  Sec. 90.173(b).

   (g) Phase I licensees with base or fixed stations transmitting on 220–221
   MHz frequencies assigned from Sub-band B and Phase I licensees with base or
   fixed stations receiving on Sub-band A 221–222 MHz frequencies (if such
   transmitting and receiving frequencies are 200 kHz or less removed from one
   another) that add, remove, or modify station sites in accordance with the
   provisions of  Sec. 90.745(a) will be required to coordinate such actions with
   one another to avoid interference and to cooperate to resolve any instances
   of interference in accordance with the provisions of  Sec. 90.173(b).

   (h) Phase I licensees with base or fixed stations transmitting on 220–221
   MHz frequencies assigned from Sub-band B that add, remove, or modify station
   sites in accordance with the provisions of  Sec. 90.745(a) will be required to
   coordinate such actions with Phase II licensees with base or fixed stations
   receiving on Sub-band A 221–222 MHz frequencies 200 kHz or less removed.

   (i) A mobile station is authorized to transmit on any frequency assigned to
   its associated base station. Mobile units not associated with base stations
   (see  Sec. 90.720(a)) must operate on “mobile” channels.

   (j) A licensee's fixed station is authorized to transmit on any of the
   licensee's assigned base station frequencies or mobile station frequencies.

   (k) Except for nationwide assignments, the separation of co-channel Phase I
   base stations, or fixed stations transmitting on base station frequencies,
   shall be 120 kilometers. Except for Phase I licensees seeking license
   modification in accordance with the provisions of  Sec.  Sec. 90.751 and 90.753,
   shorter separations between such stations will be considered by the
   Commission on a case-by-case basis upon submission of a technical analysis
   indicating that at least 10 dB protection will be provided to an existing
   Phase I station's predicted 38 dBu signal level contour. The existing Phase
   I station's predicted 38 dBu signal level contour shall be calculated using
   the F(50,50) field strength chart for Channels 7–13 in  Sec. 73.699 (Fig. 10) of
   this chapter, with a 9 dB correction factor for antenna height differential.
   The 10 dB protection to the existing Phase I station's predicted 38 dBu
   signal level contour shall be calculated using the F(50,10) field strength
   chart for Channels 7–13 in  Sec. 73.699 (Fig. 10a) of this chapter, with a 9 dB
   correction factor for antenna height differential.

   [ 62 FR 15995 , Apr. 3, 1997, as amended at  62 FR 18936 , Apr. 17, 1997;  63 FR 32590 , June 12, 1998]