Sec.  90.265   Assignment and use of frequencies in the bands allocated for Federal
use.

   (a) The following center frequencies are available for assignment to fixed
   stations in the Public Safety Pool or the Industrial/Business Pool, subject
   to the provisions of this section:

   Hydro Channels (MHz)
   169.4250 170.2625 171.1000 406.1250
   169.4375 170.2750 171.1125 406.1750
   169.4500 170.2875 171.1250 412.6625
   169.4625 170.3000 171.8250 412.6750
   169.4750 170.3125 171.8375 412.6875
   169.4875 170.3250 171.8500 412.7125
   169.5000 171.0250 171.8625 412.7250
   169.5125 171.0375 171.8750 412.7375
   169.5250 171.0500 171.8875 412.7625
   170.2250 171.0625 171.9000 412.7750
   170.2375 171.0750 171.9125 415.1250
   170.2500 171.0875 171.9250 415.1750

   (1) The use of these frequencies is limited to transmitting hydrological or
   meteorological data.

   (2)  All  use  of these frequencies is on a secondary basis to Federal
   Government  stations and the hydrological or meteorological data being
   handled must be made available on request to governmental agencies.

   (3) Other provisions of this part notwithstanding, an operational fixed
   station  operating on these frequencies shall not communicate with any
   station in the mobile service unless written authorization to do so has been
   obtained from the Commission.

   (4) Persons who desire to operate stations on these frequencies should
   communicate with the Commission for instructions concerning the procedure to
   be followed in filing formal application.

   (5) After May 27, 2005, for the 169–172 MHz band and January 1, 2008 for the
   406–416 MHz band, channels for new operations are limited to an authorized
   bandwidth not to exceed 11.25 kHz. After those dates, existing systems with
   an authorized bandwidth of greater than 11.25 kHz (including those systems
   that expand existing operations) may continue to operate with a bandwidth
   greater than 11.25 kHz until January 1, 2013. Such operations are limited by
   paragraphs (a)(6) and (a)(7) of this section.

   (6) After May 27, 2005, if a licensee of a channel in the band 169–172 MHz
   which uses equipment with an authorized bandwidth greater than 11.25 kHz
   cannot resolve an interference complaint to the satisfaction of an impacted
   Federal agency or is advised to do so by the Hydro Committee as approved by
   the  FCC, then the licensee must cease operation on the frequency upon
   notification by the Commission.

   (7) After January 1, 2008, if a licensee of a channel in the band 406.1–420
   MHz which uses equipment with an authorized bandwidth greater than 11.25 kHz
   cannot resolve an interference complaint to the satisfaction of an impacted
   Federal agency or is advised to do so by the Hydro Committee as approved by
   the  FCC, then the licensee must cease operation on the frequency upon
   notification by the Commission.

   (8) After May 27, 2005, new assignments on the frequencies 406.125 MHz and
   406.175 MHz are to be primarily for paired operations with the frequencies
   415.125 MHz and 415.175 MHz, respectively and limited to an authorized
   bandwidth not to exceed 11.25 kHz when paired.

   (9) Existing stations may continue to use the center frequencies 169.575
   MHz,  409.675 MHz, 409.725 MHz, and 412.625 MHz until January 1, 2013,
   subject to the requirements of paragraphs (a)(6) and (a)(7) of this section.

   (b)  The  following  frequencies are available for wireless microphone
   operations to eligibles in this part, subject to the provisions of this
   paragraph:

   Frequencies (MHz)
   169.445
   171.045
   169.505
   171.105
   170.245
   171.845
   170.305
   171.905

   (1) The emission bandwidth shall not exceed 54 kHz.

   (2) The output power shall not exceed 50 milliwatts.

   (3) The frequency stability of wireless microphones shall limit the total
   emission to within  ħ32.5 kHz of the assigned frequency.

   (4) Wireless microphone operations are unprotected from interference from
   other licensed operations in the band. If any interference from wireless
   microphone  operation  is received by any Government or non-Government
   operation, the wireless microphone must cease operation on the frequency
   involved. Applications are subject to Government coordination.

   (c)  The  following center frequencies are available for assignment to
   licensees  engaged in forest firefighting and conservation activities,
   subject to the provisions of this section:

   Forest Firefighting and Conservation Channels (MHz)
   170.425 171.425 172.225
   170.475 171.475 172.275
   170.575 171.575 172.375

   (1) These frequencies will be assigned on a secondary basis to any U.S.
   Government station.

   (2) The frequencies 170.425 MHz, 170.475 MHz, 170.575 MHz, 171.425 MHz,
   171.575 MHz, 172.225 MHz, and 172.275 MHz will be assigned only to licensees
   directly responsible for the prevention, detection, and suppression of
   forest fires.

   (3)  The  frequencies  171.475 MHz and 172.275 MHz will be assigned to
   licensees  directly  responsible  for  the  prevention, detection, and
   suppression of forest fires; or to licensees engaged in forest conservation
   activities for mobile relay operation only.

   (4) The frequencies 170.425 MHz, 170.575 MHz, 171.475 MHz, 172.225 MHz, and
   172.375 MHz will be assigned for use only in areas west of the Mississippi
   River.

   (5) The frequencies 170.475 MHz, 171.425 MHz, 171.575 MHz, and 172.275 MHz
   will be assigned for use only in areas east of the Mississippi River.

   (6) All applications for use of these frequencies must be accompanied by a
   letter of concurrence by the United States Department of Agriculture.

   (7)  After May 27, 2005, channels for new operations are limited to an
   authorized bandwidth not to exceed 11.25 kHz. Between May 27, 2005, and
   January 1, 2013, existing systems with an authorized bandwidth of greater
   than 11.25 kHz (including those systems that expand existing operations) may
   continue to operate with a bandwidth greater than 11.25 kHz, subject to the
   limitations set forth in paragraph (c)(8), of this section.

   (8) After May 27, 2005, if a licensee that uses equipment with an authorized
   bandwidth greater than 11.25 kHz cannot resolve an interference complaint
   from an impacted Federal agency, then the licensee must cease operation on
   the frequency upon notification by the Commission.

   (d) The frequencies 166.250 MHz and 170.150 MHz are available for assignment
   to licensees engaged in public safety activities, subject to the provisions
   of this section:

   (1) These frequencies are available for assignment to stations in the Public
   Safety Pool, only at points within 241.4 km. (150 mi.) of New York, N.Y.;

   (2) Operations on these channels is on a secondary basis to any Federal
   station; and

   (3) After May 27, 2005, if a licensee that uses equipment with an authorized
   bandwidth greater than 11.25 kHz cannot resolve an interference complaint
   from an impacted Federal agency, then the licensee must cease operation on
   the frequency upon notification by the Commission.

   (4)  After May 27, 2005, channels for new operations are limited to an
   authorized bandwidth not to exceed 11.25 kHz. Between May 27, 2005, and
   January 1, 2013, existing systems with an authorized bandwidth of greater
   than 11.25 kHz (including those systems that expand existing operations) may
   continue to operate with a bandwidth greater than 11.25 kHz, subject to the
   limitations set forth in paragraph (d)(3), of this section.

   (e)  The  following  frequencies  are  available  for  use  by Medical
   Radiocommunication Systems:

   (1) The frequencies 150.775 MHz, 150.790 MHz, and 163.250 MHz, subject to
   following provisions:

   (i) After May 27, 2005, new assignments for these frequencies shall be
   authorized only for the purpose of delivering or rendering medical services
   to individuals (medical radiocommunication systems).

   (ii) After May 27, 2005, new operations on the frequency 163.250 MHz are
   limited to an authorized bandwidth not to exceed 11.25 kHz.

   (iii) After January 1, 2008, new operations on the frequencies 150.775 MHz
   and 150.790 MHz are limited to an authorized bandwidth not to exceed 11.25
   kHz.

   (iv) Existing systems with an authorized bandwidth of greater than 11.25 kHz
   (including those systems that expand existing operations) may continue to
   operate on a primary basis with a bandwidth greater than 11.25 kHz until
   January 1, 2013. After January 1, 2013, stations that use the frequencies
   150.775 MHz, 150.790 MHz, or 163.250 MHz shall be limited to an authorized
   bandwidth not to exceed 11.25 kHz.

   (2)  The  frequency  152.0075  MHz  and  frequencies  within the bands
   462.9375–463.1875  MHz  and  467.9375 MHz–468.1875 MHz, subject to the
   limitations specified in  Sec. 90.20.

   (Secs. 4(i) and 303(r), Communications Act of 1934, as amended,  Sec.  Sec. 0.131 and
   0.331 of the Commission's Rules and 5 U.S.C. 553 (b)(3)(B) and (d)(3))

   [ 49 FR 20506 , May 15, 1984, as amended at  62 FR 18929 , Apr. 17, 1997;  70 FR 21661 , Apr. 27, 2005]