§  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 § 90.241).

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

   MHz
   72.02 72.80
   72.04 72.82
   72.06 72.84
   72.08 72.86
   72.10 72.88
   72.12 72.90
   72.14 72.92
   72.16 72.94
   72.18 72.96
   72.20 72.98
   72.22 75.42
   72.24 75.46
   72.26 75.50
   72.28 75.54
   72.30 75.58
   72.32 75.62
   72.34 75.64
   72.36 75.66
   72.38 75.68
   72.40 75.70
   72.42 75.72
   72.46 75.74
   72.50 75.76
   72.54 75.78
   72.58 75.80
   72.62 75.82
   72.64 75.84
   72.66 75.86
   72.68 75.88
   72.70 75.90
   72.72 75.92
   72.74 75.94
   72.76 75.96
   72.78 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;  72 FR 35196 , June 27, 2007]