§ 74.803   Frequency selection to avoid interference.

   (a) Where two or more low power auxiliary licensees need to operate in
   the same area, the licensees shall endeavor to select frequencies or
   schedule operation in such manner as to avoid mutual interference. If a
   mutually satisfactory arrangement cannot be reached, the Commission
   shall be notified and it will specify the frequency or frequencies to
   be employed by each licensee.

   (b) The selection of frequencies in the bands allocated for TV
   broadcasting for use in any area shall be guided by the need to avoid
   interference to TV broadcast reception. In these bands, low power
   auxiliary station usage is secondary to TV broadcasting and land mobile
   stations operating in the UHF-TV spectrum and must not cause harmful
   interference. If such interference occurs, low power auxiliary station
   operation must immediately cease and may not be resumed until the
   interference problem has been resolved.

   (c) In the 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz,
   956.45-959.85 MHz, 6875.000-6900.000 MHz, and 7100.000-7125.000 MHz
   bands low power auxiliary station usage is secondary to other uses
   (e.g. Aural Broadcast Auxiliary, Television Broadcast Auxiliary, Cable
   Relay Service, Fixed Point to Point Microwave) and must not cause
   harmful interference. In the 941.5-944 MHz band, low power auxiliary
   station usage also is secondary to Federal operations in the band. In
   each of these bands, applicants are responsible for selecting the
   frequency assignments that are least likely to result in mutual
   interference with other licensees in the same area. Applicants must
   consult local frequency coordination committees, where they exist, for
   information on frequencies available in the area. In selecting
   frequencies, consideration should be given to the relative location of
   receive points, normal transmission paths, and the nature of the
   contemplated operation.

   (d) In the 1435-1525 MHz band, low power auxiliary station (LPAS)
   authorizations are limited to operations at fixed locations, and only
   to the extent that applicable requirements have been met for the
   proposed operations at those specified locations.

   (1) Each authorization is limited to specific events or situations for
   which there is a need to deploy large numbers of LPAS for specified
   time periods, and use of other available spectrum resources at that
   particular location is insufficient to meet the LPAS licensee's needs.

   (2) The access to spectrum in the band must be coordinated with the
   frequency coordinator for aeronautical mobile telemetry, the Aerospace
   and Flight Test Radio Coordinating Committee (AFTRCC) prior to
   operations at the specified location and period of time, with AFTRCC
   indicating whether any specific frequencies in the band are unavailable
   for use. LPAS devices must complete authentication and location
   verification before operations begin, employ software-based controls or
   similar functionality to prevent devices in the band from operating
   except in the specific channels, locations, and time periods that have
   been coordinated, and be capable of being tuned to any frequency in the
   band.

   (3) LPAS users may have access to no more than 30 megahertz of spectrum
   (one third of the 1435-1525 MHz band) for their operations at the
   specified locations. Different users in the same general area each can
   access up to 30 megahertz of spectrum for their respective operations.
   All licensees that have successfully coordinated with AFTRCC for access
   to the 1435-1525 MHz band for operations at their specified locations
   in the same general area must, to the extent necessary, coordinate
   their particular access to and use of spectrum with other licensees to
   minimize the potential for interference between and among the different
   operations.

   [ 42 FR 14729 , Mar. 16, 1977, as amended at  52 FR 2535 , Jan. 23, 1987;
    80 FR 71728 , Nov. 17, 2015;  82 FR 41560 , Sept. 1, 2017]

   Effective Date Note: At  82 FR 41560 , Sept. 1, 2017, in § 74.803,
   paragraphs (c) and (d) were revised. These paragraphs contain
   information collection and recordkeeping requirements and will not
   become effective until approval has been given by the Office of
   Management and Budget.

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