Sec.  90.363   Grandfathering provisions for existing AVM licensees.

   (a) These provisions authorize grandfathered operation by automatic vehicle
   monitoring (AVM) systems licensed on or before February 3, 1995. To attain
   grandfathered status for their stations, existing multilateration AVM
   licensees must file, on or before May 22, 1995, applications to modify their
   station licenses to comply with the band plan shown in  Sec. 90.357(a). These
   applications to modify must identify the multilateration sub-band or
   sub-bands in which the applicants intend to operate their LMS system
   stations, once their applications to modify have been authorized. The
   application to modify a license to comply with the band plan shown in
    Sec. 90.357(a) may also include a modification to specify an alternate site, so
   long as the alternate site is 2 kilometers or less from the site specified
   in the original license.

   (b) When existing multilateration AVM licensees file applications to modify,
   as specified in paragraph (a) of this section, they must certify that
   either:

   (1) The stations that compose their AVM system were constructed and placed
   in operation in accordance with  Sec. 90.155(e) on or before February 3, 1995; or

   (2) The stations were not constructed and placed in operation in accordance
   with  Sec. 90.155(e) on or before February 3, 1995.

   (c) Multilateration AVM systems that were constructed and placed in
   operation on or before February 3, 1995 will be given until April 1, 1998 to
   convert to the spectrum identified in their LMS system license. Such
   licensees may continue to operate their systems during this period.
   Licensees of multilateration AVM constructed and operational systems that do
   not file applications to modify on or before May 22, 1995, will be permitted
   to continue operations under the provisions of former  Sec. 90.239 until April 1,
   1998 or the end of their original license term, whichever occurs first, at
   which time such licenses will cancel automatically and will not be renewed.

   (d) Multilateration AVM licensees for stations that were not constructed and
   placed in operation on or before February 3, 1995 must construct their LMS
   systems and place them in operation on the spectrum identified in their LMS
   system license on or before September 1, 1996, or their licenses will cancel
   automatically (see Section 90.155 (e)). Also, these licenses will cancel
   automatically on July 1, 1996 unless timely modification applications are
   filed on or before this date (see paragraph (a) of this section).

   (e) Non-multilateration systems licensed in spectrum other than the
   902.00–904.00 and 909.75–921.75 MHz bands must modify their licenses by
   April 1, 1998 to specify operation solely in the bands provided in
    Sec. 90.357(b) for non-multilateration systems and to operate their systems
   consistently with the provisions of  Sec. 90.353.

   [ 60 FR 15253 , Mar. 23, 1995, as amended at  61 FR 18986 , Apr. 30, 1996]