[Code of Federal Regulations]
[Title 47, Volume 5]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR90.187]

[Page 378-380]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 90_PRIVATE LAND MOBILE RADIO SERVICES--Table of Contents
 
       Subpart H_Policies Governing the Assignment of Frequencies
 
Sec.  90.187  Trunking in the bands between 150 and 512 MHz.

    (a) Applicants for trunked systems operating on frequencies between 
150 and 512 MHz (except 220-222 MHz) must indicate on their applications 
(class of station code, instructions for FCC Form 601) that their system 
will be trunked. Licensees of stations that are not trunked, may trunk 
their systems only after modifying their license (see Sec.  1.927 of 
this chapter).
    (b) Trunked systems operating under this section must employ 
equipment that prevents transmission on a trunked frequency if a signal 
from another system is present on that frequency. The level of 
monitoring must be sufficient to avoid causing harmful interference to 
other systems. However, this monitoring requirement does not apply if 
the conditions in paragraph (b)(1) or (b)(2) of this section, are met:
    (1) Where applicants for or licensees operating in the 470-512 MHz 
band meet the loading requirements of Sec.  90.313 and

[[Page 379]]

have exclusive use of their frequencies in their service area.
    (2) On frequencies where an applicant or licensee does not have an 
exclusive service area provided that all frequency coordination 
requirements are complied with and written consent is obtained from 
affected licensees using either the procedure set forth in paragraphs 
(b)(2)(i) and (b)(2)(ii) of this section (mileage separation) or the 
procedure set forth in paragraph (b)(2)(iii) of this section (protected 
contours).
    (i) Affected licensees for the purposes of this section are 
licensees of stations that have assigned frequencies (base and mobile) 
that are 15 kHz or less removed from proposed stations that will operate 
with a 25 kHz channel bandwidth; stations that have assigned frequencies 
(base and mobile) that are 7.5 kHz or less removed from proposed 
stations that will operate with a 12.5 kHz bandwidth; or stations that 
have assigned frequencies (base and mobile) 3.75 kHz or less removed 
from proposed stations that will operate with a 6.25 kHz bandwidth.
    (ii) Where such stations' service areas (37 dBu contour for stations 
in the 150-174 MHz band and 39 dBu contour for stations in the 421-512 
MHz bands; see Sec.  90.205) overlap a circle with radius 113 km (70 
mi.) from the proposed base station.
    (iii) In lieu of the mileage separation procedure set forth in 
paragraphs (b)(2)(i) and (b)(2)(ii) of this section, applicants for 
trunked facilities may obtain consent only from stations that would be 
subjected to objectionable interference from the trunked facilities. 
Objectionable interference will be considered to exist when the 
interference contour (19 dBu for VHF stations, 21 dBu for UHF stations) 
of a proposed trunked station would intersect the service contour (37 
dBu for VHF stations, 39 dBu for UHF stations) of an existing station. 
The existing stations that must be considered in a contour overlap 
analysis are a function of the channel bandwidth of the proposed trunked 
station, as follows:
    (A) For trunked stations proposing 25 kHz channel bandwidth: 
Existing co-channel stations and existing stations that have an 
operating frequency 15 kHz or less from the proposed trunked station.
    (B) For trunked stations proposing 12.5 kHz channel bandwidth: 
Existing co-channel stations and existing stations that have an 
operating frequency 7.5 kHz or less from the proposed trunked station.
    (C) For trunked stations proposing 6.25 kHz channel bandwidth: 
Existing co-channel stations and existing stations that have an 
operating frequency 3.75 kHz or less from the proposed trunked station.
    (iv) The calculation of service and interference contours referenced 
in paragraph (b)(2)(iii) of this section shall be done using generally 
accepted engineering practices and standards which, for purposes of this 
section, shall presumptively be the practices and standards agreed to by 
a consensus of all certified frequency coordinators.
    (v) The written consent from the licensees specified in paragraphs 
(b)(2)(i) and (b)(2)(ii) or (b)(2)(iii)(A), (b)(2)(iii)(B) and 
(b)(2)(iii)C of this section shall specifically state all terms agreed 
to by the parties and shall be signed by the parties. The written 
consent shall be maintained by the operator of the trunked station and 
be made available to the Commission upon request. The submission of a 
coordinated trunked application to the Commission shall include a 
certification from the applicant that written consent has been obtained 
from all licensees specified in paragraphs (b)(2)(i) and (b)(2)(ii) or 
(b)(2)(iii)(A), (b)(2)(iii)(B) and (b)(2)(iii)(C) of this section that 
the written consent documents encompass the complete understandings and 
agreements of the parties as to such consent; and that the terms and 
conditions thereof are consistent with the Commission's rules. Should a 
potential applicant disagree with a certified frequency coordinator's 
determination that objectionable interference exists with respect to a 
given channel or channels, that potential applicant may request the 
Commission to overturn the certified frequency coordinator's 
determination. In that event, the burden of proving by clear and 
convincing evidence that the certified frequency coordinator's 
determination is incorrect shall rest with

[[Page 380]]

the potential applicant. If a licensee has consented to the use of 
trunking, but later decides against the use of trunking, that licensee 
may request that the licensee(s) of the trunked system(s) cease the use 
of trunking. Should the trunked station(s) decline the licensee's 
request, the licensee may request a replacement channel from the 
Commission. A new applicant whose interference contour overlaps the 
service contour of a trunked licensee will be assigned the same channel 
as the trunked licensee only if the trunked licensee consents in writing 
and a copy of the written consent is submitted to the certified 
frequency coordinator responsible for coordination of the application.
    (c) Trunking of systems licensed on paging-only channels or licensed 
in the Radiolocation Service (subpart F) is not permitted.
    (d) Potential applicants proposing trunked operation may file 
written notice with any certified frequency coordinator for the pool 
(Public Safety or Industrial/Business) in which the applicant proposes 
to operate. The notice shall specify the channels on which the potential 
trunked applicant proposes to operate and the proposed effective 
radiated power, antenna pattern, height above ground, height above 
average terrain and proposed channel bandwidth. On receipt of such a 
notice, the certified frequency coordinator shall notify all other 
certified frequency coordinators in the relevant pool within one 
business day. For a period of sixty days thereafter, no application will 
be accepted for coordination which specifies parameters that would 
result in objectionable interference to the channels specified in the 
notice. Potential applicants shall not file another notice for the same 
channels within 10 km (6.2 miles) of the same location unless six months 
shall have elapsed since the filing of the last such notice. Certified 
frequency coordinators shall return without action, any coordination 
request which violates the terms of this paragraph (d).
    (e) No more than 10 channels for trunked operation in the 
Industrial/Business Pool may be applied for in a single application. 
Subsequent applications, limited to an additional 10 channels or fewer, 
must be accompanied by a certification, submitted to the certified 
frequency coordinator coordinating the application, that all of the 
applicant's existing channels authorized for trunked operation have been 
constructed and placed in operation. Certified frequency coordinators 
are authorized to require documentation in support of the applicant's 
certification that existing channels have been constructed and placed in 
operation. Applicants in the Public Safety Pool may request more than 10 
channels at a single location provided that any application for more 
than 10 Public Safety Pool channels must be accompanied by a showing of 
sufficient need. The requirement for such a showing may be satisfied by 
submission of loading studies demonstrating that requested channels in 
excess of 10 will be loaded with 50 mobiles per channel within a five 
year period commencing with grant of the application.
    (f) If a licensee authorized for trunked operation discontinues 
trunked operation for a period of 30 consecutive days, the licensee, 
within 7 days of the expiration of said 30 day period, shall file a 
conforming application for modification of license with the Commission. 
Upon grant of that application, new applicants may file for the same 
channel or channels notwithstanding the interference contour of the new 
applicant's proposed channel or channels overlaps the service contour of 
the station that was previously engaged in trunked operation.

[65 FR 60875, Oct. 13, 2000]