Sec.  90.633   Conventional systems loading requirements.

   (a) Non-SMR conventional systems of communication will be authorized on the
   basis of a minimum loading criteria of seventy (70) mobile stations for each
   channel authorized.

   (b) A channel will not be assigned to additional licensees when it is loaded
   to 70 mobile stations. Where a licensee does not load a channel to 70
   mobiles the channel will be available for assignment to other licensees. All
   authorizations for conventional systems are issued subject to this potential
   channel sharing condition.

   (c) Except as provided in  Sec. 90.629 of this part, licensees of conventional
   systems must place their authorized stations in operation not later than one
   year after the date of grant of the system license.

   (d) If a station is not placed in operation within one year, except as
   provided in Section 90.629 of this part, the license cancels automatically.
   For purposes of this section, a base station is not considered to be in
   operation unless at least one associated mobile station is also in
   operation.

   (e) A non-SMR licensee may apply for additional frequency pairs if its
   authorized conventional channel(s) is loaded to seventy (70) mobiles.
   Applications may be considered for additional channels in areas where
   spectrum is still available and not applied for, even if the already
   authorized channel(s) is not loaded to 70 mobile units, upon an appropriate
   demonstration of need.

   (f) 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. For
   loading purposes, if the total number of mobile stations justifies the total
   number of authorized based frequencies in a given area, the system will be
   construed to be loaded.

   (g) 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, as amended at  48 FR 51929 , Nov. 15, 1983;  56 FR 65860 , Dec. 19, 1991;  59 FR 59966 , Nov. 21, 1994;  62 FR 18935 , Apr. 17,
   1997;  64 FR 10397 , Mar. 4, 1999]

Technical Regulations Regarding the Use of Frequencies in the 806–824 MHz,
851–869 MHz, 896–901 MHz, and 935–940 MHz Bands