§ 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    170.245
   171.045    171.845
   169.505    170.305
   171.105    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 +-32.5 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 § 90.20.

   (Secs. 4(i) and 303(r), Communications Act of 1934, as amended,
   § § 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]

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