Sec.  90.317   Fixed ancillary signaling and data transmissions.

   (a) Licensees of systems that have exclusive-use status in their respective
   geographic areas may engage in fixed ancillary signaling and data
   transmissions, subject to the following requirements:

   (1) All such ancillary operations must be on a secondary, non-interference
   basis to the primary mobile operation of any other licensee.

   (2) The output power at the remote site shall not exceed 30 watts.

   (3) Any fixed transmitters will not count toward meeting the mobile loading
   requirements nor be considered in whole or in part as a justification for
   authorizing additional frequencies in the licensee's mobile system.

   (4) Automatic means must be provided to deactivate the remote transmitter in
   the event the carrier remains on for a period in excess of three minutes.

   (5) Operational fixed stations authorized pursuant to the provisions of this
   paragraph are exempt from the requirements of  Sec.  Sec. 90.425 and 90.429.

   (6) If the system is licensed on 470–512 MHz conventional frequencies, and
   exclusivity has been achieved through the aggregate loading of more than a
   single co-channel licensee, then a licensee must obtain the concurrence of
   other co-channel licensees prior to commencing such ancillary operations.

   (b) Licensees of systems that do not have exclusive-use status in their
   respective geographic areas may conduct fixed ancillary signaling and data
   transmissions only in accordance with the provisions of  Sec. 90.235 of this
   part.

   [ 57 FR 34693 , Aug. 6, 1992]

Subpart M—Intelligent Transportation Systems Radio Service

   Source:    60 FR 15253 , Mar. 23, 1995, unless otherwise noted.