90.615—Individual channels available in the General Category in 806-824/851-869 MHz band.
The General Category will consist of channels 231-260 and 511-550 at locations farther then 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canadian border. All entities will be eligible for licensing on these channels except as described in paragraphs (a) and (b) of this section.
(a)
In a given 800 MHz NPSPAC region, any channel in the 231-260 range which is vacated by a licensee relocating to channels 551-830 and which remains vacant after band reconfiguration will be available as follows:
(1)
Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region;
(2)
Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region;
(3)
To all entities five years after release of a public notice announcing the completion of band reconfiguration in that region.
(b)
In a given 800 MHz NPSPAC region, any channel in the 231-260 range which is vacated by a licensee relocating to channels 511-550 and remains vacant after band reconfiguration will be available as follows:
(1)
Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region;
(2)
Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region;
(3)
To all entities five years after release of a public notice announcing the completion of band reconfiguration in that region.
[70 FR 6759, Feb. 8, 2005, as amended at 70 FR 76708, Dec. 28, 2005]