§  78.36   Frequency coordination.

   (a) Coordination of all frequency assignments for fixed stations in all
   bands above 2110 MHz, and for mobile (temporary fixed) stations in the
   bands 6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with the
   procedure established in paragraph (b) of this section, except that the
   prior coordination process for mobile (temporary fixed) assignments may
   be completed orally and the period allowed for response to a
   coordination notification may be less than 30 days if the parties
   agree. Coordination of all frequency assignments for all mobile
   (temporary fixed) stations in all bands above 2110 MHz, except the
   bands 6425-6525 MHz and 17.7-19.7 GHz, will be conducted in accordance
   with the procedure established in paragraph (b) of this section or with
   the procedure in paragraph (d) of this section. Coordination of all
   frequency assignments for all fixed stations in the band 1990-2110 MHz
   will be in accordance with the procedure established in paragraph (c)
   of this section. Coordination of all frequency assignments for all
   mobile (temporary fixed) stations in the band 1990-2110 MHz will be
   conducted in accordance with the procedure in paragraph (d) of this
   section.

   (b) For each frequency coordinated under this part, the interference
   protection criteria in 47 CFR 101.105(a), (b), and (c) and 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
   47 CFR 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:

   (A) Applicant's name and address,

   (B) Transmitting station name,

   (C) Transmitting station coordinates,

   (D) Frequencies and polarizations to be added, changed or deleted,

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

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

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

   (H) Receiving station name,

   (I) Receiving station coordinates,

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

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

   (L) Path azimuth and distance,

   (M) Estimated transmitter transmission line loss expressed in dB,

   (N) Estimated receiver transmission line loss expressed in dB,

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

   Note to paragraph (b)(2)(ii): 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 therefore;

   (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.

   (c) For each frequency coordinated under this part, the following
   frequency usage coordination procedures will apply:

   (1) General requirements. 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 may
   consult local frequency coordination committees, where they exist, for
   information on frequencies available in the area. Proposed frequency
   usage must be coordinated with existing licensees and applicants in the
   area 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,
   for major amendment to a pending application, or for major modification
   to a license.

   (2) To be acceptable for filing, all applications for regular
   authorization, or major amendment to a pending application, or major
   modification to a license, must include a certification attesting that
   all co-channel and adjacent-channel licensees and applicants
   potentially affected by the proposed fixed use of the frequency(ies)
   have been notified and are in agreement that the proposed facilities
   can be installed without causing harmful interference to those other
   licensees and applicants.

   (d) For each frequency coordinated under this part, 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 may 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.

   [ 68 FR 12774 , Mar. 17, 2003, as amended at  75 FR 17061 , Apr. 5, 2010]