§  90.353   LMS operations in the 902-928 MHz band.

   LMS systems may be authorized within the 902-928 MHz band, subject to
   the conditions in this section. LMS licensees are required to maintain
   whatever records are necessary to demonstrate compliance with these
   provisions and must make these records available to the Commission upon
   request:

   (a) LMS operations will not cause interference to and must tolerate
   interference from industrial, scientific, and medical (ISM) devices and
   radiolocation Government stations that operate in the 902-928 MHz band.

   (b) LMS systems are authorized to transmit status and instructional
   messages, either voice or non-voice, so long as they are related to the
   location or monitoring functions of the system.

   (c) LMS systems may utilize store and forward interconnection, where
   either transmissions from a vehicle or object being monitored are
   stored by the LMS provider for later transmission over the public
   switched network (PSN), or transmissions received by the LMS provider
   from the PSN are stored for later transmission to the vehicle or object
   being monitored. Real-time interconnection between vehicles or objects
   being monitored and the PSN will only be permitted to enable emergency
   communications related to a vehicle or a passenger in a vehicle. Such
   real-time, interconnected communications may only be sent to or
   received from a system dispatch point or entities eligible in the
   Public Safety or Special Emergency Radio Services. See subparts B and C
   of this part.

   (d) Multilateration LMS systems will be authorized on a primary basis
   within the bands 904-909.75 MHz and 921.75-927.25 MHz. Additionally,
   multilateration and non-multilateration systems will share the
   919.75-921.75 MHz band on a co-equal basis. Licensing will be on the
   basis of Economic Areas (EAs) for multilateration systems, with one
   exclusive EA license being issued for each of these three sub-bands.
   Except as provided in paragraph (f) of this section, multilateration EA
   licensees may be authorized to operate on only one of the three
   multilateration bands within a given EA. Additionally, EA
   multilateration LMS licenses will be conditioned upon the licensee's
   ability to demonstrate through actual field tests that their systems do
   not cause unacceptable levels of interference to 47 CFR part 15
   devices.

   (e) Multilateration EA-licensed systems and grandfathered automatic
   vehicle monitoring service (AVM) systems (see § 90.363) are authorized
   on a shared basis and must cooperate in the selection and use of
   frequencies in accordance with § 90.173(b).

   (f) Multilateration EA licensees may be authorized to operate on both
   the 919.75-921.75 MHz and 921.75-927.75 MHz bands within a given EA
   (see § 90.209(b)(5)).

   (g) Multilateration LMS systems whose primary operations involve the
   provision of vehicle location services, may provide non-vehicular
   location services.

   (h) Non-multilateration stations are authorized to operate on a shared,
   non-exclusive basis in the 902-904 MHz and 909.75-921.75 MHz sub-bands.
   Non-multilateration systems and multilateration systems will share the
   919.75-921.75 MHz band on a co-equal basis. Non-multilateration LMS
   systems may not provide non-vehicular location services. The maximum
   antenna height above ground for non-multilateration LMS systems is 15
   meters.

   (i) Non-multilateration LMS licenses will be issued on a site-by-site
   basis, except that municipalities or other governmental operatives may
   file jointly for a non-multilateration license covering a given U.S.
   Department of Commerce Bureau of Economic Analysis Economic Area (EA).
   Such an application must identify all planned sites. After receiving
   the license, the non-multilateration EA licensee must notify the
   Commission if sites are deleted or if new sites are added, before those
   sites may be put into operation.

   [ 60 FR 15253 , Mar. 23, 1995, as amended at  62 FR 52044 , Oct. 6, 1997;
    72 FR 35198 , June 27, 2007;  75 FR 19284 , Apr. 14, 2010]