Sec. 90.633  Conventional systems loading requirements.

    (a) Non-SMR conventional systems of communication will be authorized 
on the basis of a minimum loading criteria of seventy (70) mobile 
stations for each channel authorized.
    (b) A channel will not be assigned to additional licensees when it 
is loaded to 70 mobile stations. Where a licensee does not load a 
channel to 70 mobiles the channel will be available for assignment to 
other licensees. All authorizations for conventional systems are issued 
subject to this potential channel sharing condition.
    (c) Except as provided in Sec. 90.629 licensees of conventional 
systems must place their authorized facilities in operation not later 
than eight months after the date of grant of the license for the system.
    (d) If a station is not placed in operation in eight months, except 
as provided in Sec. 90.629, its license cancels automatically and must 
be returned to the Commission. For purposes of this section, a base 
station is not considered to be placed in operation unless at least one 
associated mobile station is also placed in operation.
    (e) A non-SMR licensee may apply for additional frequency pairs if 
its authorized conventional channel(s) is loaded to seventy (70) 
mobiles. Applications may be considered for additional channels in areas 
where spectrum is still available and not applied for, even if the 
already authorized channel(s) is not loaded to 70 mobile units, upon an 
appropriate demonstration of need.
    (f) Wide area systems may be authorized to persons eligible for 
licensing

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under subparts B or C of this part upon an appropriate showing of need. 
For loading purposes, if the total number of mobile stations justifies 
the total number of authorized based frequencies in a given area, the 
system will be construed to be loaded.
    (g) Regional, statewide, or ribbon configuration systems may be 
authorized to persons eligible for licensing under subparts B or C of 
this part upon an appropriate showing of need. In a ribbon, regional or 
statewide system, a mobile station will be counted for channel loading 
purposes only for the base station facility in the geographic area in 
which it primarily operates. If this cannot be determined, it will be 
counted fractionally over the number of base station facilities with 
which it communicates regularly.
[ 47 FR 41032 , Sept. 16, 1982, as amended at  48 FR 51929 , Nov. 15, 1983; 
 56 FR 65860 , Dec. 19, 1991;  59 FR 59966 , Nov. 21, 1994;  62 FR 18935 , 
Apr. 17, 1997]

    Effective Date Note: At  62 FR 18935 , Apr. 17, 1997, Sec. 90.633 was 
amended by revising the first sentences of paragraphs (f) and (g), 
effective Oct. 17, 1997.

 Technical Regulations Regarding the Use of Frequencies in the 806-824 
          MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz Bands