§  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]