47 C.F.R. § 90.617
(d)
Unless otherwise specified, the channels listed in Tables 4A and 4B are available only to eligibles in the SMR
category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. 800 MHz high density cellular systems, as defined in
§ 90.7, are prohibited on these channels. These frequencies are available in non-border areas. The spectrum blocks listed in Table 4A are available for EA-based services (as defined by
§ 90.681) prior to January 21, 2005. No new EA-based services will be authorized after January 21, 2005. EA-based licensees who operate non-high-density cellular systems prior to January 21, 2005, may choose to remain on these channels in the non-high-density cellular portion of the 800 MHz band (as defined in
§ 90.614). These licensees may continue to operate non-high-density cellular systems and will be grandfathered indefinitely. The channels listed in Table 4B will be available for site-based licensing after January 21, 2005, in any Economic Area where no EA-based licensee is authorized for these channels.
(1)
Except as provided in
paragraph (d)(2) of this section, the channels listed in Table 4C are available in the counties listed in
§ 90.614(c) for non-high-density cellular operations only to eligibles in the SMR
category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. 800 MHz high density cellular systems as defined in
§ 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in
§ 90.621(e).
(2)
The channels listed in Table 4D are available within 113 km (70 mi) of the center city coordinates of Atlanta, GA, only to eligibles in the SMR
category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. The center city coordinates of Atlanta,
GA—for the purposes of this
rule—are defined as 33°44′55″ NL, 84°23′17″ WL. 800 MHz high density cellular systems as defined in
§ 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in
§ 90.621(e). 800 MHz high density cellular systems as defined in
§ 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in
§ 90.621(e).
(g)
In a given NPSPAC region, channels below 471 listed in Tables 2 and 4B which are vacated by licensees relocating to channels 551-830 and which remain vacant after band reconfiguration will be available as indicated in
§ 90.617(g)(1 through 3). The only exception will be for the counties listed in
§ 90.614(c). At locations greater then 113 km (70 mi) from the center city coordinates of Atlanta, GA within the counties listed in
§ 90.614(c), the channels listed in Tables 2A and 4C which are vacated by licensees relocating to channels 411-830 and which remain vacant after band reconfiguration will be available as indicated in
§ 90.617(g)(1 through 3). At locations within 113 km (70 mi) of the center city coordinates of Atlanta, GA, the channels listed in Tables 2B and 4D which are vacated by licensees relocating to channels 411-830 and which remain 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)
Five years after the release of a public notice announcing the completion of band reconfiguration in that region, these channels revert back to their original pool categories.
Notes, amendments, and revision history
Amendments
[69 FR 67843, Nov. 22, 2004, as amended at 70 FR 6760, Feb. 8, 2005; 70 FR 76708, Dec. 28, 2005; 72 FR 39760, July 20, 2007; 75 FR 35317, June 22, 2010; 76 FR 11683, Mar. 3, 2011; 81 FR 30201, May 16, 2016; 83 FR 61100, Nov. 27, 2018; 85 FR 41417, July 10, 2020; 85 FR 43140, July 15, 2020; 90 FR 57711, Dec. 12, 2025]
Authority
Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), 1401-1473
Source
Source: 43 FR 54791, Nov. 22, 1978, unless otherwise noted.
Amendments
[69 FR 67843, Nov. 22, 2004, as amended at 70 FR 6760, Feb. 8, 2005; 70 FR 76708, Dec. 28, 2005; 72 FR 39760, July 20, 2007; 75 FR 35317, June 22, 2010; 76 FR 11683, Mar. 3, 2011; 81 FR 30201, May 16, 2016; 83 FR 61100, Nov. 27, 2018; 85 FR 41417, July 10, 2020; 85 FR 43140, July 15, 2020; 90 FR 57711, Dec. 12, 2025]