§  27.72   Information sharing requirements.

   This section requires WCS licensees in the 2305-2320 MHz and 2345-2360
   MHz bands to share information regarding the location and operation of
   base stations with Satellite Digital Audio Radio Service (SDARS)
   licensees in the 2320-2345 MHz band. Section 25.263 of this chapter
   requires SDARS licensees in the 2320-2345 MHz band to share information
   regarding the location and operation of terrestrial repeaters with WCS
   licensees in the 2305-2320 MHz and 2345-2360 MHz bands.

   (a) Sites and frequency selections. WCS licensees must select base
   station sites and frequencies, to the extent practicable, to minimize
   the possibility of harmful interference to operations in the SDARS
   2320-2345 MHz band.

   (b) Prior notice periods. WCS licensees that intend to operate a base
   station must, before commencing such operation, provide 10 business
   days prior notice to all SDARS licensees. WCS licensees that intend to
   modify an existing base station must, before commencing such modified
   operation, provide 5 business days prior notice to all SDARS licensees.
   For the purposes of this section, a business day is defined by
   § 1.4(e)(2) of this chapter.

   (c) Contents of notice. (1) Notification must be written ( e.g.,
   certified letter, fax, or e-mail) and include the licensee's name, and
   the name, address, and telephone number of its coordination
   representative, unless the SDARS licensee and all potentially affected
   WCS licensees reach a mutual agreement to provide notification by some
   other means. WCS licensees and SDARS licensees may establish such a
   mutually agreeable alternative notification mechanism without prior
   Commission approval, provided that they comply with all other
   requirements of this section.

   (2) Regardless of the notification method, it must specify relevant
   technical details, including, at a minimum:

   (i) The coordinates of the proposed base station to an accuracy of no
   less than +-1 second latitude and longitude;

   (ii) The proposed operating power(s), frequency band(s), and
   emission(s);

   (iii) The antenna center height above ground and ground elevation above
   mean sea level, both to an accuracy of no less than +-1 meter;

   (iv) The antenna gain pattern(s) in the azimuth and elevation planes
   that include the peak of the main beam; and

   (v) The antenna downtilt angle(s).

   (3) A WCS licensee operating base stations must maintain an accurate
   and up-to-date inventory of its base stations, including the
   information set forth in § 27.72(c)(2), which shall be available upon
   request by the Commission.

   (d) Calculation of notice period. Notice periods are calculated from
   the date of receipt by the licensee being notified. If notification is
   by mail, the date of receipt is evidenced by the return receipt on
   certified mail. If notification is by fax, the date of receipt is
   evidenced by the notifying party's fax transmission confirmation log.
   If notification is by e-mail, the date of receipt is evidenced by a
   return e-mail receipt. If the SDARS licensee and all potentially
   affected WCS licensees reach a mutual agreement to provide notification
   by some other means, that agreement must specify the method for
   determining the beginning of the notice period.

   (e) Duty to cooperate. WCS licensees must cooperate in good faith in
   the selection and use of new station sites and new frequencies to
   reduce interference and make the most effective use of the authorized
   facilities. WCS licensees should provide SDARS licensees as much lead
   time as practicable to provide ample time to conduct analyses and
   opportunity for prudent base station site selection prior to WCS
   licensees entering into real estate and tower leasing or purchasing
   agreements. WCS licensees must have sufficient operational flexibility
   in their network design to implement one or more technical solutions to
   remedy harmful interference. Licensees of stations suffering or causing
   harmful interference must cooperate in good faith and resolve such
   problems by mutually satisfactory arrangements. If the licensees are
   unable to do so, the Wireless Telecommunications Bureau, in
   consultation with the Office of Engineering and Technology and the
   International Bureau, will consider the actions taken by the parties to
   mitigate the risk of and remedy any alleged interference. In
   determining the appropriate action, the Bureau will take into account
   the nature and extent of the interference and act promptly to remedy
   the interference. The Bureau may impose restrictions on WCS licensees,
   including specifying the transmitter power, antenna height, or other
   technical or operational measures to remedy the interference, and will
   take into account previous measures by the licensees to mitigate the
   risk of interference.

   [ 75 FR 45071 , Aug. 2, 2010]