Sec. 90.313  Frequency loading criteria.

    (a) Except as provided for in paragraph (b) of this section, the 
maximum channel loading on frequencies in the 470-512 MHz band is as 
follows:
    (1) 50 units for systems eligible in the Public Safety Pool (see 
Sec. 90.20(a)).
    (2) 90 units for systems eligible in the Industrial/Business Pool 
(see Sec. 90.35(a)).
    (b) If a licensee has exclusive use of a frequency, then the loading 
standards in paragraph (a) of this section, may be exceeded. If it is a 
shared channel, the loading standards can be exceeded upon submission of 
a signed statement by all those sharing the channel agreeing to the 
increase.
    (c) A unit is defined as a mobile transmitter-receiver. Loading 
standards will be applied in terms of the number of units actually in 
use or to be placed in use within 8 months following authorization. A 
licensee will be required to show that an assigned frequency pair is at 
full capacity before it may be assigned a second or additional frequency 
pair. Channel capacity may be reached either by the requirements of a 
single licensee or by several users sharing a channel. Until a channel 
is loaded to capacity it will be available for assignment to other users 
in the same area. A frequency pair may be reassigned at distances 64 km. 
(40 mi.), 32 km. (20 mi.) for Channel 15, Chicago; Channel 20, 
Philadelphia; and Channel 17, Washington, or more from the location of 
base stations authorized on that pair without reference to loading at 
the point of original installation. Following authorization, the 
licensee shall notify the Commission either during or at the close of 
the 8 month period of the number of units in operation. In the 
Industrial Radio Services, if the base station facility is to be used by 
more than a single licensee, the frequency assigned to it will not be 
reassigned for use by another facility within 64 km. (40 mi.) or 32 km. 
(20 mi.) where applicable for a period of 12 months, Provided, That the 
facility is constructed within 90 days from the date of the first grant, 
meets the loading standards to at least 50 percent within 9 months, and 
meets all loading standards within 12 months.
[ 43 FR 54791 , Nov. 22, 1978, as amended at  47 FR 36649 , Aug. 23, 1982; 
 62 FR 18933 , Apr. 17, 1997]

    Effective Date Note: At  62 FR 18933 , Apr. 17, 1997, Sec. 90.313 was 
amended by revising paragraph (a), effective Oct. 17, 1997.