§  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
   § 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
   § 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 § 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 § 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 § 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 § 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 § 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 § 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
   § 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]