Sec.  90.259   Assignment and use of frequencies in the bands 216–220 MHz and
1427–1432 MHz.

   (a)  216–220  MHz band. (1) Frequencies in the 216–220 MHz band may be
   assigned to applicants that establish eligibility in the Industrial/Business
   Pool.

   (2) All operation is secondary to the fixed and mobile services, including
   the Low Power Radio Service.

   (3) In the 216–217 MHz band, no new assignments will be made after January
   1, 2002.

   (4) In the 217–220 MHz band, the maximum transmitter output power is 2
   watts. The maximum antenna height above average terrain (HAAT) is 152 m (500
   feet).

   (5) In the 217–220 MHz band, base, mobile, and operational fixed operations
   are permitted.

   (6)  Wide  area  operations will not be authorized. The area of normal
   day-to-day operations will be described in the application in terms of
   maximum distance from a geographical center (latitude and longitude).

   (7) Frequencies will be assigned with a 6.25 kHz, 12.5 kHz, 25 kHz or 50 kHz
   channel bandwidth. Frequencies may be assigned with a channel bandwidth
   exceeding 50 kHz only upon a showing of adequate justification.

   (8) Assignable 6.25 kHz channels will occur in increments of 6.25 kHz from
   217.00625 MHz to 219.99375 MHz. Assignable 12.5 kHz channels will occur in
   increments of 12.5 kHz from 217.0125 MHz to 219.9875 MHz. Assignable 25 kHz
   channels will occur in increments of 25 kHz from 217.025 MHz to 219.975 MHz.
   Assignable 50 kHz channels will occur in increments of 50 kHz from 217.025
   MHz to 219.975 MHz.

   (b) 1427–1432 MHz band. (1) Frequencies in the 1427–1432 MHz band may be
   assigned to applicants that establish eligibility in the Public Safety Pool
   or the Industrial/Business Pool.

   (2) All operations in the 1427–1429.5 MHz band are secondary to the Wireless
   Medical Telemetry Service except in the locations specified in paragraph
   (b)(4) of this section. At the locations specified in paragraph (b)(4) of
   this section, all operations are secondary to the Wireless Medical Telemetry
   Service in the 1429–1431.5 MHz band.

   (3) All operations in the 1429.5–1432 MHz band are primary in status except
   in the locations specified in paragraph (b)(4) of this section. At the
   locations specified in paragraph (b)(4) of this section, all operations are
   primary in status in the 1427–1429 MHz and 1431.5–1432 MHz bands.

   (4)  Locations: (i) Pittsburgh, Pennsylvania—Counties of Westmoreland,
   Washington, Beaver, Allegheny and Butler;

   (ii)  Washington,  DC metropolitan area—Counties of Montgomery, Prince
   George's, Charles, Arlington, Prince William, Fauquier, Loudon, and Fairfax;
   Cities of Alexandria, Falls Church, Fairfax, and District of Columbia;

   (iii) Richmond/Norfolk, Virginia—Counties of Charles City, Chesterfield,
   Dinwiddie, Goochland, Hanover, Henrico, Isle of Wight, James City, New Kent,
   Powhatan, Prince George, Southhampton, Surrey, Sussex, and York; Cities of
   Chesapeake, Colonial Heights, Franklin, Hampton, Hopewell, Newport News,
   Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia
   Beach, and Williamsburg;

   (iv) Austin/Georgetown, Texas—Counties of Williamson and Travis;

   (v) Battle Creek, Michigan—County of Calhoun;

   (vi) Detroit, Michigan—Counties of Oakland, Wayne, Washtenaw, Macomb and
   Livingston;

   (vii) Spokane, Washington—Counties of Spokane, WA and Kootenai, ID.

   (5) All operations in the 1429.5–1432 MHz band authorized prior to April 12,
   2002 are on a secondary basis.

   (6) For secondary operations only fixed stations are permitted. At the
   locations specified in (b)(4) of this section, secondary operations are
   performed in the 1429–1431.5 MHz band. For all other locations, secondary
   operations are performed in the 1427–1429.5 MHz band. The maximum power is 1
   watt EIRP.

   (7) For primary operations base, mobile, operational fixed and temporary
   fixed operations are permitted.

   (i) At the locations specified in paragraph (b)(4) of this section, primary
   operations are performed in the 1427–1429 MHz and 1431.5–1432 MHz bands. The
   maximum ERP limitations are as follows:
          Operation                   Frequency range (MHz)
                           1427–1428 1428–1428.5 1428.5–1429 1431.5–1432
   Fixed (watts)                61.1        6.11       0.611       0.611
   Mobile (watts)              0.611       0.611       0.015       0.015
   Temporary fixed (watts)     0.611       0.611       0.611       0.611

   (ii)  For all other locations, primary operations are performed in the
   1429.5–1432 MHz band. The maximum ERP limitations are as follows:
          Operation                     Frequency range (MHz)
                           1429.5–1430 1430–1430.5 1430.5–1431.5 1431.5–1432
   Fixed (watts)                 0.611       0.611          6.11        61.1
   Mobile (watts)                0.015       0.611         0.611       0.611
   Temporary fixed (watts)       0.611       0.611         0.611       0.611

   (8)  Wide  area  operations will not be authorized. The area of normal
   day-to-day operations will be described in the application in terms of
   maximum distance from a geographical center (latitude and longitude).

   (9) Assignable frequencies occur in increments of 12.5 kHz from 1427.00625
   MHz to 1431.99375 MHz.

   (10) Licensees, however, may combine contiguous channels up to 50 kHz, and
   more than 50 kHz only upon a showing of adequate justification.

   (11) For any operation in the 1427–1432 MHz band, the predicted or measured
   field strength—in the WMTS primary band—at the location of any registered
   WMTS  healthcare facility shall not exceed 150 uV/m. For the locations
   specified in (b)(4) of this section, WMTS is primary in the 1429–1431.5 MHz
   band. For all other locations, WMTS is primary in the 1427–1429.5 MHz band.

   (c) Authorized uses. (1) Use of these bands is limited to telemetering
   purposes.

   (2)  Base  stations authorized in these bands shall be used to perform
   telecommand functions with associated mobile telemetering stations. Base
   stations may also command actions by the vehicle itself, but will not be
   authorized solely to perform this function.

   (3) Except for the transmissions that are permitted under  Sec. 90.248(f) of this
   chapter, airborne use is prohibited.

   [ 67 FR 41860 , June 20, 2002, as amended at  69 FR 39867 , July 1, 2004;  72 FR 35196 , June 27, 2007]