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 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]