Sec.  90.313   Frequency loading criteria.

   (a) Except as provided for in paragraph (b) of this section, the maximum
   channel loading on frequencies in the 470–512 MHz band is as follows:

   (1) 50 units for systems eligible in the Public Safety Pool (see  Sec. 90.20(a)).

   (2) 90 units for systems eligible in the Industrial/Business Pool (see
    Sec. 90.35(a)).

   (b) If a licensee has exclusive use of a frequency, then the loading
   standards in paragraph (a) of this section, may be exceeded. If it is a
   shared channel, the loading standards can be exceeded upon submission of a
   signed statement by all those sharing the channel agreeing to the increase.

   (c) A unit is defined as a mobile transmitter-receiver. Loading standards
   will be applied in terms of the number of units actually in use or to be
   placed in use within 8 months following authorization. A licensee will be
   required to show that an assigned frequency pair is at full capacity before
   it may be assigned a second or additional frequency pair. Channel capacity
   may be reached either by the requirements of a single licensee or by several
   users sharing a channel. Until a channel is loaded to capacity it will be
   available for assignment to other users in the same area. A frequency pair
   may be reassigned at distances 64 km. (40 mi.), 32 km. (20 mi.) for Channel
   15, Chicago; Channel 20, Philadelphia; and Channel 17, Washington, or more
   from the location of base stations authorized on that pair without reference
   to loading at the point of original installation. Following authorization,
   the licensee shall notify the Commission either during or at the close of
   the 8 month period of the number of units in operation. In the Industrial
   Radio Services, if the base station facility is to be used by more than a
   single licensee, the frequency assigned to it will not be reassigned for use
   by another facility within 64 km. (40 mi.) or 32 km. (20 mi.) where
   applicable for a period of 12 months, Provided, That the facility is
   constructed within 90 days from the date of the first grant, meets the
   loading standards to at least 50 percent within 9 months, and meets all
   loading standards within 12 months.

   [ 43 FR 54791 , Nov. 22, 1978, as amended at  47 FR 36649 , Aug. 23, 1982;  62 FR 18933 , Apr. 17, 1997]