§  5.85   Frequencies and policy governing their assignment.

   (a) Stations operating in the Experimental Radio Service may be
   authorized to use any government or non-government frequency designated
   in the Table of Frequency Allocations set forth in part 2 of this
   chapter, provided that the need for the frequency requested is fully
   justified by the applicant.

   (b) Each frequency or band of frequencies available for assignment to
   stations in the Experimental Radio Service is available on a shared
   basis only, and will not be assigned for the exclusive use of any one
   applicant, and such use may also be restricted to one or more specified
   geographical areas. Not more than one frequency in a band of
   frequencies will normally be assigned for the use of a single applicant
   unless a showing is made demonstrating that need for the assignment of
   additional frequencies is essential to the proposed program of
   experimentation.

   (c) Frequency assignments will be made only on the condition that
   harmful interference will not be caused to any station operating in
   accordance with the Table of Frequency Allocation of part 2 of this
   chapter.

   (d) Use of Public Safety Frequencies. Applicants in the Experimental
   Radio Service must avoid use of public safety frequencies except when a
   compelling showing can be made that use of such frequencies is in the
   public interest. Public safety frequencies are identified in subpart B
   (Public Safety Radio Services) and subpart C (Special Emergency Radio
   Service) of part 90 of this Chapter. In addition, subpart S of part 90
   of this chapter contains rules for the assignment of frequencies that
   may be used by Public Safety Radio Services in the 806-824 MHz and
   851-869 MHz bands. If an experimental license to use public safety
   radio frequencies is granted, the authorization will be conditioned to
   require coordination between the experimental licensee and the
   appropriate frequency coordinator and/or all of the public safety
   licensees in its intended area of operation.

   (e) The Commission may, at its discretion, condition any experimental
   license or STA on the requirement that before commencing operation, the
   new licensee coordinate its proposed facility with other licensees that
   may receive interference as a result of the new licensee's operations.

   (f) Protection of FCC monitoring stations. (1) Applicants are advised
   to give consideration, prior to filing applications, to the need to
   protect FCC monitoring stations from harmful interference. Geographical
   coordinates of such stations are listed in § 0.121(b) of this chapter.
   Applications for stations (except mobile stations) that will produce on
   any frequency a direct wave fundamental field strength of greater than
   10 mV/m in the authorized bandwidth of service (-65.8 dBW/m^2 power
   flux density assuming a free space characteristic impedance of 120p
   ohms) at the referenced coordinates, may be examined to determine the
   extent of possible interference. Depending on the theoretical field
   strength value or other ambient radio field signal levels at the
   indicated coordinates, a clause protecting the monitoring station may
   be added to the station authorization.

   (2) In the event that calculated value of expected field strength
   exceeds 10 mV/m (-65.8 dBW/m^2 ) at the reference coordinates, or if
   there is any question whether field strength levels might exceed the
   threshold value, advance consultation with the FCC to discuss any
   protection necessary should be considered. Prospective applicants may
   communicate with the Technology Division, Compliance and Information
   Bureau, telephone (202) 418-1210, Federal Communications Commission,
   Washington, DC 20554.

   (3) Advance consultation is suggested particularly for those applicants
   who have no reliable data that indicates whether the field strength or
   power flux density figure indicated would be exceeded by their proposed
   radio facilities (except mobile stations). In such instances, the
   following is a suggested guide for determining whether an applicant
   should coordinate:

   (i) All stations within 2.4 kilometers (1.5 statute miles);

   (ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts or
   more average ERP in the primary plane of polarization in the azimuthal
   direction of the Monitoring Station;

   (iii) Stations within 16 kilometers (10 statute miles) with 1 kW or
   more average ERP in the primary plane of polarization in the azimuthal
   direction of the Monitoring Station;

   (iv) Stations within 80 kilometers (50 statute miles) with 25 kW or
   more average ERP in the primary plane of polarization in the azimuthal
   direction of the Monitoring Station.

   (4) Advance coordination for stations operating above 1000 MHz is
   recommended only where the proposed station is in the vicinity of a
   monitoring station designated as a satellite monitoring facility in
   § 0.121(c) of this Chapter and also meets the criteria outlined in
   paragraphs (d) (2) and (3) of this section.

   (5) The Commission will not screen applications to determine whether
   advance consultation has taken place. However, applicants are advised
   that such consultation can avoid objections from the Commission.