Sec.  90.173   Policies governing the assignment of frequencies.

   (a) Except as indicated in paragraph (j) of this section, the frequencies
   which ordinarily may be assigned to stations in the services governed by
   this part are listed in subparts B, C and F of this part. Except as
   otherwise specifically provided in this part, frequencies assigned to land
   mobile stations are available on a shared basis only and will not be
   assigned for the exclusive use of any licensee.

   (b) All applicants and licensees shall cooperate in the selection and use of
   frequencies in order to reduce interference and make the most effective use
   of the authorized facilities. Licensees of stations suffering or causing
   harmful interference are expected to cooperate and resolve this problem by
   mutually satisfactory arrangements. If the licensees are unable to do so,
   the Commission may impose restrictions including specifying the transmitter
   power, antenna height, or area or hours of operation of the stations
   concerned. Further the use of any frequency at a given geographical location
   may be denied when, in the judgment of the Commission, its use in that
   location is not in the public interest; the use of any frequency may be
   restricted as to specified geographical areas, maximum power, or such other
   operating conditions, contained in this part or in the station
   authorization.

   (c) Frequencies allocated for Federal Government radio stations under
   Executive order of the President may be authorized for the use of stations
   in these services upon appropriate showing by the applicant that such
   assignment is necessary for inter-communication with government stations or
   required for coordination with activities of the Federal Government, and
   where the Commission finds, after consultation with the appropriate
   government agency or agencies, that such assignment is necessary.

   (d) The radio facilities authorized under this part are intended for use in
   connection with and as an adjunct to the primary governmental or business
   activities of the licensee.

   (e) Persons requesting authority to operate in the band 25–50 MHz should
   recognize that this band is shared with various services in other countries
   and that harmful interference may be caused by the propagation of signals in
   this band from distant stations. No protection from such harmful
   interference generally can be expected.

   (f) Applications for stations in the 150–174 MHz and 421–512 MHz bands for
   operation on frequencies 15 kHz or less removed from existing stations in
   the same geographic area will be granted based upon a recommendation from
   the applicable frequency coordinator as specified in  Sec.  Sec. 90.20(c)(2) and
   90.35(b)(2).

   (g) In the states of Alaska and Hawaii, and in areas outside the continental
   limits of the United States and the adjacent waters, the frequencies above
   150.8 MHz which are listed elsewhere in this part as available for
   assignment to base stations or mobile stations in the Industrial/Business
   Pool are also available for assignment to operational fixed stations in the
   Industrial/Business Pool on a secondary basis.

   (h) In the Public Safety Pool, base stations may be authorized to operate on
   a secondary basis on frequencies below 450 MHz which are available to mobile
   stations.

   (i) In the 450–470 MHz band, the frequencies are ordinarily assigned in
   pairs, with the mobile station transmit frequency 5 MHz above the paired
   base station transmit frequency. In the 470–512 MHz band, the frequencies
   are ordinarily assigned in pairs with the mobile station transmit frequency
   3 MHz above the paired base station transmit frequency. In the
   Industrial/Business Pool, in the 150 MHz band, the frequencies subject to
    Sec. 90.35(c)(6) may be assigned in pairs with the separation between base and
   mobile frequencies being 5.26 MHz. A mobile station may be assigned the
   frequency which would normally be assigned to a base station for
   single-frequency operation. However, this single-frequency operation may be
   subject to interference that would not occur to a two-frequency system.

   (j) Frequencies other than those listed in subparts B and C of this part may
   be assigned in the 150–174 MHz, 421–430 MHz, 450–470 MHz, and 470–512 MHz
   bands, provided the following conditions are met:

   (1) Such applications must be accompanied by a showing of frequency
   coordination in accordance with the requirements of  Sec. 90.175;

   (2) The frequencies must not be available in any other rule part of this
   chapter; and

   (3) The authorized bandwidth of any system operating in accordance with this
   paragraph must not overlap spectrum available in other rule parts of this
   chapter unless that spectrum is also allocated in part 90.

   (k) This paragraph is only applicable to entities with Finder's Preference
   requests pending before the Commission as of July 29, 1998. Notwithstanding
   any other provisions of this part, any eligible person shall be given a
   dispositive preference for a channel assignment on an exclusive basis in the
   220–222 MHz, 470–512 MHz, and 800/900 MHz (except on frequencies designated
   exclusively for SMR service) bands by submitting information that leads to
   the recovery of channels in these bands. Recovery of such channels must
   result from information provided regarding the failure of existing licensees
   to comply with the provisions of  Sec.  Sec. 90.155, 90.157, 90.629, 90.631 (e) or
   (f), or 90.633 (c) or (d).

   (l) In the 150–174 MHz band, except where otherwise specifically provided,
   authorizations for frequencies that were available prior to August 18, 1995
   will be granted with channel bandwidths of 25 kHz or less. Authorizations
   for all other frequencies in this band will be granted with channel
   bandwidths of 12.5 kHz or less (i.e., in the Public Safety Pool, frequencies
   subject to  Sec.  Sec. 90.20 (d)(27) and (d)(44), and in the Industrial/Business Pool,
   frequencies subject to  Sec.  Sec. 90.35 (c)(30) and (c)(33)).

   (m) In the 421–512 MHz band, except where otherwise specifically provided,
   authorizations for frequencies that were available prior to August 18, 1995
   will be granted with channel bandwidths of 25 kHz or less. New
   authorizations for frequencies 12.5 kHz removed from these frequencies will
   be made for channel bandwidths of 12.5 kHz or less (i.e., in the Public
   Safety Pool, frequencies subject to  Sec. 90.20(d)(27) and in the
   Industrial/Business Pool, frequencies subject to  Sec. 90.35(c)(30)).
   Authorizations for frequencies 6.25 kHz removed from these frequencies will
   be granted with channel bandwidths of 6.25 kHz or less (i.e., in the Public
   Safety Pool, frequencies subject to  Sec. 90.20(d)(44), and in the
   Industrial/Business Pool, frequencies subject to  Sec. 90.35(c)(33)).

   (n) Any recovered channels in the 800 MHz SMR service will revert
   automatically to the holder of the EA license within which such channels are
   included. If there is no EA licensee for recovered channels, such channels
   will be retained by the Commission for future licensing.

   (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
   303, 307)

   [ 43 FR 54791 , Nov. 22, 1978, as amended at  45 FR 43419 , June 27, 1980;  46 FR 55704 , Nov. 12, 1981;  50 FR 13605 , Apr. 5, 1985;  54 FR 39739 , Sept. 28,
   1989;  56 FR 65859 , Dec. 19, 1991;  57 FR 24992 , June 12, 1992;  58 FR 51252 ,
   Oct. 1, 1993;  60 FR 37261 , July 19, 1995;  60 FR 48917 , Sept. 21, 1995;  61 FR 6155 , Feb. 16, 1996;  62 FR 2038 , Jan. 15, 1997;  62 FR 18925 , Apr. 17, 1997;
    63 FR 44585 , Aug. 20, 1998;  64 FR 36269 , July 6, 1999]