Sec. 90.363  Grandfathering provisions for existing AVM licensees.

    (a) These provisions authorize grandfathered operation by automatic 
vehicle monitoring (AVM) systems licensed on or before February 3, 1995. 
To attain grandfathered status for their stations, existing 
multilateration AVM licensees must file, on or before May 22, 1995, 
applications to modify their station licenses to comply with the band 
plan shown in Sec. 90.357(a). These applications to modify must identify 
the multilateration sub-band or sub-bands in which the applicants intend 
to operate their LMS system stations, once their applications to modify 
have been authorized. The application to modify a license to comply with 
the band plan shown in Sec. 90.357(a) may also include a modification to 
specify an alternate site, so long as the alternate site is 2 kilometers 
or less from the site specified in the original license.

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    (b) When existing multilateration AVM licensees file applications to 
modify, as specified in paragraph (a) of this section, they must certify 
that either:
    (1) The stations that compose their AVM system were constructed and 
placed in operation in accordance with Sec. 90.155(e) on or before 
February 3, 1995; or
    (2) The stations were not constructed and placed in operation in 
accordance with Sec. 90.155(e) on or before February 3, 1995.
    (c) Multilateration AVM systems that were constructed and placed in 
operation on or before February 3, 1995 will be given until April 1, 
1998 to convert to the spectrum identified in their LMS system license. 
Such licensees may continue to operate their systems during this period. 
Licensees of multilateration AVM constructed and operational systems 
that do not file applications to modify on or before May 22, 1995, will 
be permitted to continue operations under the provisions of former 
Sec. 90.239 until April 1, 1998 or the end of their original license 
term, whichever occurs first, at which time such licenses will cancel 
automatically and will not be renewed.
    (d) Multilateration AVM licensees for stations that were not 
constructed and placed in operation on or before February 3, 1995 must 
construct their LMS systems and place them in operation on the spectrum 
identified in their LMS system license on or before September 1, 1996, 
or their licenses will cancel automatically (see Section 90.155 (e)). 
Also, these licenses will cancel automatically on July 1, 1996 unless 
timely modification applications are filed on or before this date (see 
paragraph (a) of this section).
    (e) Non-multilateration systems licensed in spectrum other than the 
902.00-904.00 and 909.75-921.75 MHz bands must modify their licenses by 
April 1, 1998 to specify operation solely in the bands provided in 
Sec. 90.357(b) for non-multilateration systems and to operate their 
systems consistently with the provisions of Sec. 90.353.
[60 1997 FR 15253 , Mar. 23, 1995, as amended at  61 FR 18986 , Apr. 30, 1996]

                    Subpart N--Operating Requirements