Sec.  90.257   Assignment and use of frequencies in the band 72–76 MHz.

   (a) The following criteria shall govern the authorization and use of
   frequencies within the band 72–76 MHz by fixed stations. (For call box
   operations see  Sec. 90.241).

   (1) The following frequencies in the band 72–76 MHz may be used for fixed
   operations:

   MHz:
   72.02
   72.04
   72.06
   72.08
   72.10
   72.12
   72.14
   72.16
   72.18
   72.20
   72.22
   72.24
   72.26
   72.28
   72.30
   72.32
   72.34
   72.36
   72.38
   72.40
   72.42
   72.46
   72.50
   72.54
   72.58
   72.62
   72.64
   72.66
   72.68
   72.70
   72.72
   72.74
   72.76
   72.78
   72.80
   72.82
   72.84
   72.86
   72.88
   72.90
   72.92
   72.94
   72.96
   72.98
   75.42
   75.46
   75.50
   75.54
   75.58
   75.62
   75.64
   75.66
   75.68
   75.70
   75.72
   75.74
   75.76
   75.78
   75.80
   75.82
   75.84
   75.86
   75.88
   75.90
   75.92
   75.94
   75.96
   75.98.

   (2) All authorizations are subject to the condition that no harmful
   interference will be caused to television reception on Channels 4 and 5.

   (3) The applicant must agree to eliminate any harmful interference caused by
   his operation to TV reception on either Channel 4 or 5 that might develop by
   whatever means are necessary. Such action must be taken within 90 days of
   notification by the Commission. If such interference is not eliminated
   within the 90-day period, operation of the fixed station will be
   discontinued.

   (4) Vertical polarization must be used.

   (5) Whenever it is proposed to locate a 72–76 MHz fixed station less than
   128 km (80 mi.) but more than 16 km (10 mi.) from the site of a TV
   transmitter operating on either channel 4 or 5, or from the post office of a
   community in which such channels are assigned but not in operation, the
   fixed station shall be authorized only if there are fewer than 100 family
   dwelling units (as defined by the U.S. Bureau of the Census), excluding
   units 112 or more km (70 mi.) distant from the TV antenna site, located
   within a circle centered at the location of the proposed fixed station. The
   radius shall be determined by use of the following chart entitled, “Chart
   for Determining Radius From Fixed Station in 72–76 MHz Band to Interference
   Contour Along Which 10 Percent of Service From Adjacent Channel Television
   Station Would Be Destroyed.” Two charts are available, one for Channel 4,
   and one for Channel 5. The Commission may, however, in a particular case,
   authorize the location of a fixed station within a circle containing 100 or
   more family dwelling units upon a showing that:

   (i) The proposed site is the only suitable location.

   (ii) It is not feasible, technically or otherwise, to use other available
   frequencies.

   (iii) The applicant has a plan to control any interference that might
   develop to TV reception from his operations.

   (iv) The applicant is financially able and agrees to make such adjustments
   in the TV receivers affected as may be necessary to eliminate any
   interference caused by his operations.

   (v) All applications seeking authority to operate with a separation of less
   than 16 km (10 mi.) will be returned without action.

   (b) The following criteria governs the authorization and use of frequencies
   in the 72–76 MHz band by mobile stations in the Industrial/Business Pool.

   (1) Mobile operation on frequencies in the 72–76 MHz band is subject to the
   condition that no interference is caused to the reception of television
   stations operating on Channel 4 or 5. Interference will be considered to
   occur whenever reception of a regularly used television signal is impaired
   by signals radiated by stations operating under these rules in the 72 to 76
   MHz band regardless of the quality of such reception or the strength of the
   signal used. In order to minimize the hazard of such interference, it shall
   be the duty of the licensee to determine whether interference is being
   caused to television reception, wherever television receivers other than
   those under the control of the licensee, are located within 31 m. (100 ft.)
   of any point where the stations licensed under these rules may be operated.
   In any case, it shall be the responsibility of the licensee to correct, at
   its own expense, any such interference and if the interference cannot be
   eliminated by the application of suitable techniques, the operation of the
   offending transmitter shall be suspended. If the complainant refuses to
   permit the licensee to apply remedial techniques which demonstrably will
   eliminate the interference without impairment of the original reception, the
   licensee is absolved of further responsibility.

   (2) The maximum transmitter output power that will be authorized is 1 watt;
   and each station authorized will be classified and licensed as a mobile
   station. Any units of such a station, however, may be used to provide the
   operational functions of a base or fixed station. The antennas of
   transmitters operating on these frequencies must be directly mounted or
   installed upon the transmitting unit: Except that when permanently installed
   aboard a vehicle, antenna and transmitter may be separated as required for
   convenience in mounting. Horizontal polarization will not be allowed; and
   the gain of antennas employed shall not exceed that of a halfwave dipole.
   The maximum bandwidth that will be authorized is 20 kHz. Tone control
   transmissions are permitted.

   (c) Radio remote control of models is permitted on frequencies 10 kHz
   removed from these frequencies authorized for fixed and mobile operations in
   the 72–76 MHz band. Remote control operations are secondary to operation of
   fixed and mobile stations as provided for in this section.
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   [ 43 FR 54791 , Nov. 22, 1978;  44 FR 32219 , June 5, 1979, as amended at  47 FR 51879 , Nov. 18, 1982;  49 FR 41249 , Oct. 22, 1984;  54 FR 38681 , Sept. 20,
   1989;  58 FR 30129 , May 26, 1993;  60 FR 37268 , July 19, 1995;  62 FR 18928 ,
   Apr. 17, 1997]