§  90.631   Trunked systems loading, construction and authorization
requirements.

   (a) Non-SMR trunked systems will be authorized on the basis of a
   loading criteria of one hundred (100) mobile stations per channel. For
   purposes of determining compliance with trunked system loading
   requirements under this subpart, the term "mobile station" includes
   vehicular and portable mobile units and control stations.

   (b) Each applicant for a non-SMR trunked system must certify that a
   minimum of seventy (70) mobiles for each channel authorized will be
   placed into operation within five (5) years of the initial license
   grant.

   (c) Except for SMR applicants and as provided in paragraph (d) of this
   section, an applicant seeking to expand a trunked system by requesting
   additional channels from the Commission, or through intercategory
   sharing, or through an assignment, must have a loading level of seventy
   (70) mobiles per channel on the existing system that is the subject of
   the expansion request.

   (d) In rural areas, a licensee of a trunked system may request to
   increase its system capacity by five more channels than it has
   constructed without meeting the loading requirements specified in
   paragraphs (b) and (c) of this section. A rural area is defined for
   purposes of this section as being beyond a 100-mile radius of the
   designated centers of the following urbanized areas: New York, NY; Los
   Angeles, CA; Chicago, IL; Philadelphia, PA: San Francisco, CA; Detroit,
   MI; Boston, MA; Houston, TX; Washington, DC; Dallas-Fort Worth, TX;
   Miami, FL; Cleveland, OH; St. Louis, MO; Atlanta, GA; Pittsburgh, PA;
   Baltimore, MD; Minneapolis-St. Paul, MN; Seattle, WA; San Diego, CA;
   and Tampa-St. Petersburg, FL. The coordinates for the centers of these
   areas are those referenced in § 90.635, except that the coordinates
   (referenced to North American Datum 1983 (NAD83)) for Tampa-St.
   Petersburg are latitude 28DEG00'1.1" N, longitude 82DEG26'59.3" W.

   (e) Except as provided in § 90.629, licensees of trunked facilities
   must complete construction within one year.

   (f) If a station is not placed in permanent operation, in accordance
   with the technical parameters of the station authorization, within one
   year, except as provided in § 90.629, its license cancels
   automatically. For purposes of this section, a base station is not
   considered to be placed in operation unless at least two associated
   mobile stations, or one control station and one mobile station, are
   also placed in operation. An SMR licensee with facilities that have
   discontinued operations for 90 continuous days is presumed to have
   permanently discontinued operations, unless the licensee notifies the
   Commission otherwise, using FCC Form 601, prior to the end of the 90
   day period and provides a date on which operation will resume, which
   date must not be in excess of 30 additional days.

   (g) Wide area systems may be authorized to persons eligible for
   licensing under subparts B or C of this part upon an appropriate
   showing of need. Remote or satellite stations of wide area systems in
   the Public Safety, Special Emergency, Telephone Maintenance, and Power
   Radio Services may be authorized on a primary basis if such stations
   are the first to be authorized in their area of operation on the
   frequency or group of frequencies. Remote or satellite stations of wide
   area systems in all other services will be authorized only on a
   secondary, non-interference basis to cochannel licensees. To determine
   system loading, the total number of mobile units and control stations
   operating in the wide-area system shall be counted with respect to the
   total number of base station frequencies assigned to the system.

   (h) Regional, statewide, or ribbon configuration systems may be
   authorized to persons eligible for licensing under subparts B or C of
   this part upon an appropriate showing of need. In a ribbon, regional or
   statewide system, a mobile station will be counted for channel loading
   purposes only for the base station facility in the geographic area in
   which it primarily operates. If this cannot be determined, it will be
   counted fractionally over the number of base station facilities with
   which it communicates regularly.

   [ 47 FR 41032 , Sept. 16, 1982]

   Editorial Note:   For  Federal Register  citations affecting § 90.631,
   see the List of CFR Sections Affected, which appears in the Finding
   Aids section of the printed volume and on GPO Access.