§ 90.173   Policies governing the assignment of frequencies.

   (a) Except as indicated in paragraph (j) of this section, the
   frequencies which ordinarily may be assigned to stations in the
   services governed by this part are listed in subparts B, C and F of
   this part. Except as otherwise specifically provided in this part,
   frequencies assigned to land mobile stations are available on a shared
   basis only and will not be assigned for the exclusive use of any
   licensee.

   (b) All applicants and licensees shall cooperate in the selection and
   use of frequencies in order to reduce interference and make the most
   effective use of the authorized facilities. Licensees of stations
   suffering or causing harmful interference are expected to cooperate and
   resolve this problem by mutually satisfactory arrangements. If the
   licensees are unable to do so, the Commission may impose restrictions
   including specifying the transmitter power, antenna height, or area or
   hours of operation of the stations concerned. Further the use of any
   frequency at a given geographical location may be denied when, in the
   judgment of the Commission, its use in that location is not in the
   public interest; the use of any frequency may be restricted as to
   specified geographical areas, maximum power, or such other operating
   conditions, contained in this part or in the station authorization.

   (c) Frequencies allocated for Federal Government radio stations under
   Executive order of the President may be authorized for the use of
   stations in these services upon appropriate showing by the applicant
   that such assignment is necessary for inter-communication with
   government stations or required for coordination with activities of the
   Federal Government, and where the Commission finds, after consultation
   with the appropriate government agency or agencies, that such
   assignment is necessary.

   (d) The radio facilities authorized under this part are intended for
   use in connection with and as an adjunct to the primary governmental or
   business activities of the licensee.

   (e) Persons requesting authority to operate in the band 25-50 MHz
   should recognize that this band is shared with various services in
   other countries and that harmful interference may be caused by the
   propagation of signals in this band from distant stations. No
   protection from such harmful interference generally can be expected.

   (f) Applications for stations in the 150-174 MHz and 421-512 MHz bands
   for operation on frequencies 15 kHz or less removed from existing
   stations in the same geographic area will be granted based upon a
   recommendation from the applicable frequency coordinator as specified
   in § § 90.20(c)(2) and 90.35(b)(2).

   (g) In the states of Alaska and Hawaii, and in areas outside the
   continental limits of the United States and the adjacent waters, the
   frequencies above 150.8 MHz which are listed elsewhere in this part as
   available for assignment to base stations or mobile stations in the
   Industrial/Business Pool are also available for assignment to
   operational fixed stations in the Industrial/Business Pool on a
   secondary basis.

   (h) In the Public Safety Pool, base stations may be authorized to
   operate on a secondary basis on frequencies below 450 MHz which are
   available to mobile stations.

   (i) In the 450-470 MHz band, the frequencies are ordinarily assigned in
   pairs, with the mobile station transmit frequency 5 MHz above the
   paired base station transmit frequency. In the 470-512 MHz band, the
   frequencies are ordinarily assigned in pairs with the mobile station
   transmit frequency 3 MHz above the paired base station transmit
   frequency. In the Industrial/Business Pool, in the 150 MHz band, the
   frequencies subject to § 90.35(c)(6) may be assigned in pairs with the
   separation between base and mobile frequencies being 5.26 MHz. A mobile
   station may be assigned the frequency which would normally be assigned
   to a base station for single-frequency operation. However, this
   single-frequency operation may be subject to interference that would
   not occur to a two-frequency system.

   (j) Frequencies other than those listed in subparts B and C of this
   part may be assigned in the 150-174 MHz, 421-430 MHz, 450-470 MHz, and
   470-512 MHz bands, provided the following conditions are met:

   (1) Such applications must be accompanied by a showing of frequency
   coordination in accordance with the requirements of § 90.175;

   (2) The frequencies must not be available in any other rule part of
   this chapter; and

   (3) The authorized bandwidth of any system operating in accordance with
   this paragraph must not overlap spectrum available in other rule parts
   of this chapter unless that spectrum is also allocated in part 90.

   (k) This paragraph is only applicable to entities with Finder's
   Preference requests pending before the Commission as of July 29, 1998.
   Notwithstanding any other provisions of this part, any eligible person
   shall be given a dispositive preference for a channel assignment on an
   exclusive basis in the 220-222 MHz, 470-512 MHz, and 800/900 MHz
   (except on frequencies designated exclusively for SMR service) bands by
   submitting information that leads to the recovery of channels in these
   bands. Recovery of such channels must result from information provided
   regarding the failure of existing licensees to comply with the
   provisions of § 90.155, § 90.157, § 90.629, § 90.631 (e) or (f), or § 90.633
   (c) or (d).

   (l) In the 150-174 MHz band, except where otherwise specifically
   provided, authorizations for frequencies that were available prior to
   August 18, 1995 will be granted with channel bandwidths of 25 kHz or
   less. Authorizations for all other frequencies in this band will be
   granted with channel bandwidths of 12.5 kHz or less (i.e., in the
   Public Safety Pool, frequencies subject to § § 90.20 (d)(27) and (d)(44),
   and in the Industrial/Business Pool, frequencies subject to § § 90.35
   (c)(30) and (c)(33)).

   (m) In the 421-512 MHz band, except where otherwise specifically
   provided, authorizations for frequencies that were available prior to
   August 18, 1995 will be granted with channel bandwidths of 25 kHz or
   less. New authorizations for frequencies 12.5 kHz removed from these
   frequencies will be made for channel bandwidths of 12.5 kHz or less
   (i.e., in the Public Safety Pool, frequencies subject to § 90.20(d)(27)
   and in the Industrial/Business Pool, frequencies subject to
   § 90.35(c)(30)). Authorizations for frequencies 6.25 kHz removed from
   these frequencies will be granted with channel bandwidths of 6.25 kHz
   or less (i.e., in the Public Safety Pool, frequencies subject to
   § 90.20(d)(44), and in the Industrial/Business Pool, frequencies subject
   to § 90.35(c)(33)).

   (n) Any recovered channels in the 800 MHz SMR service will revert
   automatically to the holder of the EA license within which such
   channels are included. If there is no EA licensee for recovered
   channels, such channels will be retained by the Commission for future
   licensing.

   (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C.
   154, 303, 307)

   [ 43 FR 54791 , Nov. 22, 1978]

   Editorial Note: For Federal Register citations affecting § 90.173, see
   the List of CFR Sections Affected, which appears in the Finding Aids
   section of the printed volume and at www.fdsys.gov.

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