§ 90.355   LMS operations below 512 MHz.

   Applications requiring not more than 25 kHz bandwidth per frequency in the
   25-50 MHz, 150-170 MHz, and 450-512 MHz bands may use either base-mobile
   frequencies currently assigned the applicant, or be assigned base-mobile
   frequencies  available  in  the  service in which eligibility has been
   established, provided that:

   (a) For transmission between vehicles and base stations, each frequency in a
   single-frequency  mode  of  operation  will  provide location data for
   approximately 200 vehicles, or both frequencies in a two-frequency mode of
   operation will provide location data for approximately 400 vehicles, except
   that for frequencies in the 450-512 MHz band that are assigned in pairs in
   accordance with the allocation plan for the band, the requirement is that
   location data be provided for approximately 200 vehicles for each frequency
   pair; and a showing is made that 50 percent of the vehicles will be in
   operation within the system by the end of the second year of the initial
   license term, and 70 percent will be in operation within the system by the
   end  of the initial license term; except that if these vehicle loading
   standards will not be met, frequencies will be assigned only on a secondary
   non-interference basis to any authorized radiotelephony operation.

   (b) The minimum separation between a proposed LMS station and the nearest
   co-channel base station of another licensee operating a voice system is 75
   miles (120 km) for a single frequency mode of operation or 35 miles (56 km)
   for a two-frequency mode of operation. Where the minimum mileage separation
   cannot  be achieved, agreement to the use of F1D, F2D, G1D, G2D or P0N
   emission must be received from all existing co-channel licensees using voice
   emissions within the applicable mileage limits. If there is interference
   with voice operations and required agreement was not received, or operation
   was authorized on a secondary non-interference basis, the licensee of the
   LMS system is responsible for eliminating the interference.

   (c) Frequencies additional to any assigned under paragraph (a) of this
   section will not be assigned to the same licensee at any stations located
   within  64 km (40 miles) of any station in which the licensee holds an
   interest until each of such licensee's frequencies for LMS operation is
   shown to accommodate not less than 90 percent of the frequency loading
   requirements specified in paragraph (a) of this section.

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