[Code of Federal Regulations]

[Title 47, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR90.187]



[Page 333-335]

 

                       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 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



[[Page 334]]



(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 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



[[Page 335]]



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]