Sec.  101.103   Frequency coordination procedures.

   (a) Assignment of frequencies will be made only in such a manner as to
   facilitate the rendition of communication service on an interference-free
   basis in each service area. Unless otherwise indicated, each frequency
   available for use by stations in these services will be assigned exclusively
   to a single applicant in any service area. All applicants for, and licensees
   of, stations in these services must cooperate in the selection and use of
   the frequencies assigned in order to minimize interference and thereby
   obtain the most effective use of the authorized facilities. In the event
   harmful interference occurs or appears likely to occur between two or more
   radio systems and such interference cannot be resolved between the licensees
   thereof, the Commission may specify a time sharing arrangement for the
   stations involved or may, after notice and opportunity for hearing, require
   the licensees to make such changes in operating techniques or equipment as
   it may deem necessary to avoid such interference.

   (b)(1) Operations in the bands 31,000–31,075 MHz and 31,225–31,300 MHz
   licensed prior to March 11, 1997, were licensed on an unprotected basis and
   are subject to harmful interference from similarly licensed operations in
   that band.

   (i) Operations licensed in the Local Mulitpoint Distribution Service and
   those operations licensed prior to March 11, 1997, except in the Local
   Television  Transmission Service, operating in these bands are equally
   protected against harmful interference from each other.

   (ii) In the case of operations licensed prior to March 11, 1997, except in
   the  Local  Television  Transmission  Service,  that are licensed on a
   point-to-radius basis, LMDS licensees shall be subject to the protection
   requirement  established in this section in the case of existing links
   operated by such licensees, and in the case of links added by such licensees
   in  the  future  in accordance with the terms of their point-to-radius
   licenses.

   (iii)  An  LMDS  licensee  may  not  initiate  operations  within  the
   point-to-radius area licensed to an operator (other than an operator in the
   Local Television Transmission Service) prior to March 11, 1997, even if such
   operator has not initiated operations to the fullest extent of the license.
   An LMDS licensee, however, may initiate operations at the border of such
   operator's license area without prior coordination if the LMDS licensee's
   operations would not cause harmful interference to the other operator's
   existing operations.

   (iv)  An  operator  (other  than  an  operator in the Local Television
   Transmission Service) licensed on a point-to-radius basis prior to March 11,
   1997, may add additional stations within its license area. Such operator
   shall coordinate with any affected LMDS licensee if its new operations might
   cause harmful interference to the existing operations of such LMDS licensee.

   (v) Operations licensed prior to March 11, 1997, on a point-to-point basis
   may  not  be  extended  or  otherwise modified through the addition of
   point-to-point  links.  Such operations shall be limited to the use of
   frequency pairs licensed as of March 11, 1997. Operations licensed in the
   Local Television Transmission Service as of March 11, 1997, may continue to
   operate, but such operators may not expand existing operations nor initiate
   new operations.

   (2) Operations in the 31,075–31,225 MHz band licensed prior to March 11,
   1997,  shall  receive  no protection against harmful interference from
   authorized operations in the Local Multipoint Distribution Service in that
   band.

   (3) Non-LMDS operations in the entire 31,000–31,300 MHz band licensed after
   March 11, 1997, based on applications refiled no later than June 26, 1998
   are  unprotected  with  respect  to  each other and subject to harmful
   interference from each other.

   (i) Such operations and any operations licensed prior to March 11, 1997, in
   the band are unprotected with respect to each other and subject to harmful
   interference from each other.

   (ii) Such operations are licensed on a secondary basis to LMDS operations
   licensed in the band, may not cause interference to LMDS operations, and are
   not protected from interference from LMDS operations.

   (iii) Such operations licensed on a point-to-point basis may not be extended
   or otherwise modified through the addition of point-to-point links. Such
   operations licensed on a point-to-radius basis may add additional stations
   within the licensed area.

   (c)  Frequency  diversity transmission will not be authorized in these
   services  in  the  absence  of  a  factual  showing  that the required
   communications  cannot  practically  be achieved by other means. Where
   frequency diversity is deemed to be justified on a protection channel basis,
   it will be limited to one protection channel for the bands 3,700–4,200,
   5925–6425, and 6525–6875 MHz, and a ratio of one protection channel for
   three working channels for the bands 10,550–10,680 and 10,700–11,700 MHz. In
   the  bands  3,700–4,200,  5,925–6,425, and 6525–6875 MHz, no frequency
   diversity protection channel will be authorized unless there is a minimum of
   three working channels, except that where a substantial showing is made that
   a total of three working channels will be required within three years, a
   protection channel may be authorized simultaneously with the first working
   channel.  A protection channel authorized under such exception will be
   subject to termination if applications for the third working channel are not
   filed within three years of the grant date of the applications for the first
   working channel. Where equipment employing digital modulation techniques
   with cross-polarized operation on the same frequency is used, the protection
   channel authorized under the above conditions may be considered to consist
   of both polarizations of the protection frequency where such is shown to be
   necessary.

   (d) Frequency coordination. For each frequency authorized under this part,
   the following frequency usage coordination procedures will apply:

   (1) General requirements. Proposed frequency usage must be prior coordinated
   with existing licensees, permittees and applicants in the area, and other
   applicants with previously filed applications, whose facilities could affect
   or be affected by the new proposal in terms of frequency interference on
   active channels, applied-for channels, or channels coordinated for future
   growth. Coordination must be completed prior to filing an application for
   regular authorization, or a major amendment to a pending application, or any
   major  modification to a license. In coordinating frequency usage with
   stations in the fixed satellite service, applicants must also comply with
   the requirements of  Sec. 101.21(f). In engineering a system or modification
   thereto, the applicant must, by appropriate studies and analyses, select
   sites, transmitters, antennas and frequencies that will avoid interference
   in excess of permissible levels to other users. All applicants and licensees
   must  cooperate fully and make reasonable efforts to resolve technical
   problems and conflicts that may inhibit the most effective and efficient use
   of the radio spectrum; however, the party being coordinated with is not
   obligated to suggest changes or re-engineer a proposal in cases involving
   conflicts. Applicants should make every reasonable effort to avoid blocking
   the growth of systems as prior coordinated. The applicant must identify in
   the  application  all  entities  with which the technical proposal was
   coordinated. In the event that technical problems are not resolved, an
   explanation must be submitted with the application. Where technical problems
   are resolved by an agreement or operating arrangement between the parties
   that would require special procedures be taken to reduce the likelihood of
   interference in excess of permissible levels (such as the use of artificial
   site shielding) or would result in a reduction of quality or capacity of
   either system, the details thereof may be contained in the application.

   (2) Coordination procedure guidelines are as follows:

   (i) Coordination involves two separate elements: notification and response.
   Both or either may be oral or in written form. To be acceptable for filing,
   all  applications  and  major  technical  amendments must certify that
   coordination, including response, has been completed. The names of the
   licensees,  permittees  and  applicants  with  which  coordination was
   accomplished must be specified. If such notice and/or response is oral, the
   party providing such notice or response must supply written documentation of
   the communication upon request;

   (ii) Notification must include relevant technical details of the proposal.
   At minimum, this should include, as applicable, the following:

   Applicant's name and address.

   Transmitting station name.

   Transmitting station coordinates.

   Frequencies and polarizations to be added, changed or deleted.

   Transmitting equipment type, its stability, actual output power, emission
   designator, and type of modulation (loading).

   Transmitting antenna type(s), model, gain and, if required, a radiation
   pattern provided or certified by the manufacturer.

   Transmitting antenna center line height(s) above ground level and ground
   elevation above mean sea level.

   Receiving station name.

   Receiving station coordinates.

   Receiving  antenna type(s), model, gain, and, if required, a radiation
   pattern provided or certified by the manufacturer.

   Receiving  antenna center line height(s) above ground level and ground
   elevation above mean sea level.

   Path azimuth and distance.

   Estimated transmitter transmission line loss expressed in dB.

   Estimated receiver transmission line loss expressed in dB.

   For a system utilizing ATPC, maximum transmit power, coordinated transmit
   power, and nominal transmit power.

   Note: The position location of antenna sites shall be determined to an
   accuracy of no less than  �1 second in the horizontal dimensions (latitude
   and longitude) and  �1 meter in the vertical dimension (ground elevation)
   with respect to the National Spacial Reference System.

   (iii)  For  transmitters  employing digital modulation techniques, the
   notification should clearly identify the type of modulation. Upon request,
   additional details of the operating characteristics of the equipment must
   also be furnished;

   (iv) Response to notification should be made as quickly as possible, even if
   no  technical  problems  are anticipated. Any response to notification
   indicating potential interference must specify the technical details and
   must  be  provided  to  the  applicant,  in writing, within the 30-day
   notification  period.  Every  reasonable  effort should be made by all
   applicants,  permittees  and  licensees  to eliminate all problems and
   conflicts. If no response to notification is received within 30 days, the
   applicant will be deemed to have made reasonable efforts to coordinate and
   may file its application without a response;

   (v) The 30-day notification period is calculated from the date of receipt by
   the applicant, permittee, or licensee being notified. If notification is by
   mail, this date may be ascertained by:

   (A) The return receipt on certified mail;

   (B) The enclosure of a card to be dated and returned by the recipient; or

   (C) A conservative estimate of the time required for the mail to reach its
   destination. In the last case, the estimated date when the 30-day period
   would expire should be stated in the notification.

   (vi) An expedited prior coordination period (less than 30 days) may be
   requested when deemed necessary by a notifying party. The coordination
   notice should be identified as “expedited” and the requested response date
   should be clearly indicated. However, circumstances preventing a timely
   response from the receiving party should be accommodated accordingly. It is
   the responsibility of the notifying party to receive written concurrence (or
   verbal, with written to follow) from affected parties or their coordination
   representatives.

   (vii) All technical problems that come to light during coordination must be
   resolved unless a statement is included with the application to the effect
   that  the applicant is unable or unwilling to resolve the conflict and
   briefly the reason therefor;

   (viii) Where a number of technical changes become necessary for a system
   during the course of coordination, an attempt should be made to minimize the
   number of separate notifications for these changes. Where the changes are
   incorporated into a completely revised notice, the items that were changed
   from the previous notice should be identified. When changes are not numerous
   or complex, the party receiving the changed notification should make an
   effort to respond in less than 30 days. When the notifying party believes a
   shorter response time is reasonable and appropriate, it may be helpful for
   that party to so indicate in the notice and perhaps suggest a response date;

   (ix) If, after coordination is successfully completed, it is determined that
   a subsequent change could have no impact on some parties receiving the
   original notification, these parties must be notified of the change and of
   the coordinator's opinion that no response is required;

   (x)  Applicants,  permittees  and licensees should supply to all other
   applicants, permittees and licensees within their areas of operations, the
   name, address and telephone number of their coordination representatives.
   Upon request from coordinating applicants, permittees and licensees, data
   and information concerning existing or proposed facilities and future growth
   plans in the area of interest should be furnished unless such request is
   unreasonable or would impose a significant burden in compilation;

   (xi) Parties should keep other parties with whom they are coordinating
   advised  of changes in plans for facilities previously coordinated. If
   applications have not been filed 6 months after coordination was initiated,
   parties may assume that such frequency use is no longer desired unless a
   second notification has been received within 10 days of the end of the 6
   month  period.  Renewal notifications are to be sent to all originally
   notified parties, even if coordination has not been successfully completed
   with those parties; and

   (xii) Any frequency reserved by a licensee for future use in the bands
   subject to this part must be released for use by another licensee, permittee
   or applicant upon a showing by the latter that it requires an additional
   frequency and cannot coordinate one that is not reserved for future use.

   (e) Where frequency conflicts arise between co-pending applications in the
   Private Operational Fixed Point-to-Point Microwave, Common Carrier Fixed
   Point-to-Point Microwave and Local Television Transmission Services, it is
   the obligation of the later filing applicant to amend his application to
   remove the conflict, unless it can make a showing that the conflict cannot
   be reasonably eliminated. Where a frequency conflict is not resolved and no
   showing  is  submitted  as to why the conflict cannot be resolved, the
   Commission may grant the first filed application and dismiss the later filed
   application(s) after giving the later filing applicant(s) 30 days to respond
   to the proposed action.

   (f) (1) Coordination and information sharing between MVDDS and NGSO FSS
   licensees in the 12.2 GHz to 12.7 GHz band. Prior to the construction or
   addition of an MVDDS transmitting antenna in this frequency band, the MVDDS
   licensee shall provide notice of intent to construct the proposed antenna
   site to NGSO FSS licensees operating in the 12.2–12.7 GHz frequency band and
   maintain  an  Internet web site of all existing transmitting sites and
   transmitting antennas that are scheduled for operation within one year
   including the “in service” dates. In addition to the location of a proposed
   new transmitting antenna, MVDDS licensees shall provide to the NGSO FSS
   licensees a technical description of the operating characteristics of the
   proposed transmission facility. At a minimum, the following information must
   be included in each notification:

   (i) Name of MVDDS licensee;

   (ii) Geographic location (including NAD83 coordinates) of proposed MVDDS
   transmitting antenna;

   (iii) Maximum EIRP per 24 MHz;

   (iv) Height above average terrain of the transmitting antenna;

   (v) Type of antenna to be utilized;

   (vi)  Main  beam  azimuth  and  altitude  orientation for the proposed
   transmitting antenna;

   (vii) Theoretically modeled antenna radiation pattern;

   (viii) Type(s) of emissions, and;

   (ix) Description of the proposed service area.

   (2) If the proposed MVDDS antenna site does not meet the minimum spacing
   requirements on the date of original notification or on subsequent annual
   anniversary dates of non-operation as set forth in  Sec. 101.129, then the MVDDS
   licensee shall not construct the proposed transmission facility unless all
   NGSO FSS licensees having active subscribers within the minimum separation
   distance agree to a shorter spacing. Nothing in this section shall preclude
   MVDDS and NGSO FSS licensees from agreeing to accept the siting of new MVDDS
   transmitting antennas that do no meet the minimum distance set forth in
    Sec. 101.129. Incumbent point-to-point licensees' (those not licensed as MVDDS)
   facilities are to be operated in the band 12,200–12,700 MHz following the
   procedures, technical standards, and requirements of  Sec. 101.105 in order to
   protect stations providing Direct Broadcast Satellite Service.

   (g) Licensees operating in Basic Trading Areas authorized in the Local
   Multipoint Distribution Service. (1) When the transmitting facilities in a
   Basic Trading Area (BTA) are to be operated in the bands 27,500–28,350 MHz;
   29,100–29,250 MHz; and 31,000–31,300 MHz and the facilities are located
   within 20 kilometers of the boundaries of a BTA, each licensee must complete
   the frequency coordination process of paragraph (d)(2) of this section with
   respect to neighboring BTA licensees that may be affected by its operations
   prior  to  initiating  service. In addition, all licensed transmitting
   facilities operating in the bands 31,000–31,075 MHz and 31,225–31,300 MHz
   and located within 20 kilometers of neighboring facilities must complete the
   frequency coordination process of paragraph (d)(2) of this section with
   respect to such authorized operations before initiating service.

   (2) Response to notification should be made as quickly as possible, even if
   no  technical  problems  are anticipated. Any response to notification
   indicating potential interference must specify the technical details and
   must be provided to the applicant, either electronically or in writing,
   within the 30-day notification period. Every reasonable effort should be
   made  by  all licensees to eliminate all problems and conflicts. If no
   response to notification is received within 30 days, the licensee will be
   deemed to have made reasonable efforts to coordinate and commence operation
   without  a  response. The beginning of the 30-day period is determined
   pursuant to paragraph (d)(2)(v) of this section.

   (h) Special requirements for operations in the band 29,100–29,250 MHz.
   (1)(i)  Local  Multipoint Distribution Service (LMDS) receive stations
   operating on frequencies in the 29,100–29,250 MHz band within a radius of 75
   nautical miles of the geographic coordinates provided by a non-GSO-MSS
   licensee pursuant to  Sec. 101.113(c)(2) or (c)(3)(i) (the “feeder link earth
   station complex protection zone”) shall accept any interference caused to
   them by such earth station complexes and shall not claim protection from
   such earth station complexes.

   (ii) LMDS licensees operating on frequencies in the 29,100–29,250 MHz band
   outside a feeder link earth station complex protection zone shall cooperate
   fully and make reasonable efforts to resolve technical problems with the
   non-GSO MSS licensee to the extent that transmissions from the non-GSO MSS
   operator's feeder link earth station complex interfere with an LMDS receive
   station.

   (2) No more than 15 days after the release of a public notice announcing the
   commencement of LMDS auctions, feeder link earth station complexes to be
   licensed pursuant to  Sec. 25.257 of this chapter shall be specified by a set of
   geographic coordinates in accordance with the following requirements: no
   feeder  link earth station complex may be located in the top eight (8)
   metropolitan statistical areas (MSAs), ranked by population, as defined by
   the  Office  of Management and Budget as of June 1993, using estimated
   populations as of December 1992; two (2) complexes may be located in MSAs 9
   through 25, one of which must be Phoenix, AZ (for a complex at Chandler,
   AZ); two (2) complexes may be located in MSAs 26 to 50; three (3) complexes
   may be located in MSAs 51 to 100, one of which must be Honolulu, Hawaii (for
   a complex at Waimea); and the three (3) remaining complexes must be located
   at least 75 nautical miles from the borders of the 100 largest MSAs or in
   any MSA not included in the 100 largest MSAs. Any location allotted for one
   range of MSAs may be taken from an MSA below that range.

   (3)(i) Any non-GSO MSS licensee may at any time specify sets of geographic
   coordinates for feeder link earth station complexes with each earth station
   contained therein to be located at least 75 nautical miles from the border
   of the 100 largest MSAs.

   (ii) For purposes of paragraph (h)(3)(i) of this section, non-GSO MSS feeder
   link earth station complexes shall be entitled to accommodation only if the
   affected non-GSO MSS licensee preapplies to the Commission for a feeder link
   earth station complex or certifies to the Commission within sixty days of
   receiving  a  copy  of  an LMDS application that it intends to file an
   application for a feeder link earth station complex within six months of the
   date of receipt of the LMDS application.

   (iii) If said non-GSO MSS licensee application is filed later than six
   months after certification of the Commission, the LMDS and non-GSO MSS
   entities shall still cooperate fully and make reasonable efforts to resolve
   technical  problems,  but  the LMDS licensee shall not be obligated to
   re-engineer its proposal or make changes to its system.

   (4)  LMDS licensees or applicants proposing to operate hub stations on
   frequencies in the 29,100–29,250 MHz band at locations outside of the 100
   largest  MSAs or within a distance of 150 nautical miles from a set of
   geographic coordinates specified under paragraphs (h)(2) or (h)(3)(i) of
   this section shall serve copies of their applications on all non-GSO MSS
   applicants,  permittees or licensees meeting the criteria specified in
    Sec. 25.257(a). Non-GSO MSS licensees or applicants shall serve copies of their
   feeder link earth station applications, after the LMDS auction, on any LMDS
   applicant or licensee within a distance of 150 nautical miles from the
   geographic coordinates that it specified under  Sec. 101.113(c)(2) or (c)(3)(i).
   Any necessary coordination shall commence upon notification by the party
   receiving an application to the party who filed the application. The results
   of any such coordination shall be reported to the Commission within sixty
   days. The non-GSO MSS earth station licensee shall also provide all such
   LMDS licensees with a copy of its channel plan.

   (i)(1) When the licensed facilities are to be operated in the band 38,600
   MHz to 40,000 MHz and the facilities are located within 16 kilometers of the
   boundaries of an Economic Area, each licensee must complete the frequency
   coordination process of subsection 101.103(d) with respect to neighboring EA
   licensees and existing licensees within its EA service area that may be
   affected by its operation prior to initiating service. In addition to the
   technical parameters listed in subsection 101.103(d), the coordinating
   licensee  must  also  provide  potentially  affected parties technical
   information related to its subchannelization plan and system geometry.

   (2) Response to notification should be made as quickly as possible, even if
   no  technical  problems  are anticipated. Any response to notification
   indicating potential interference must specify the technical details and
   must be provided to the licensee, either electronically or in writing,
   within 10 days of notification. Every reasonable effort should be made by
   all licensees to eliminate all problems and conflicts. If no response to
   notification is received within 10 days, the licensee will be deemed to have
   made reasonable efforts to coordinate and may commence operation without a
   response. The beginning of the 10-day period is determined pursuant to
    Sec. 101.103(d)(v).

   [ 61 FR 26677 , May 28, 1996, as amended at  62 FR 23165 , Apr. 29, 1997;  63 FR 6105 , Feb. 6, 1998;  63 FR 9448 , Feb. 25, 1998;  63 FR 14039 , Mar. 24, 1998;
    63 FR 68983 , Dec. 14, 1998;  64 FR 45893 , Aug. 23, 1999;  65 FR 38328 , June
   20, 2000;  67 FR 43037 , June 26, 2002]