§  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 and fixed stations (except fixed customer premises equipment) 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. WCS licensees are encouraged
   to develop separate coordination agreements with SDARS licensees to
   facilitate efficient deployment of and coexistence between each
   service. To the extent the provisions of any such coordination
   agreement conflict with the requirements set forth herein, the
   procedures established under a coordination agreement will control. WCS
   licensees must maintain a copy of any coordination agreement with an
   SDARS licensee in their station files and disclose it to prospective
   assignees, transferees, or spectrum lessees and, upon request, to the
   Commission.

   (a) Sites and frequency selections. WCS licensees must select base and
   fixed 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
   or fixed station must, before commencing such operation, provide 10
   business days prior notice to all SDARS licensees. WCS licensees that
   intend to modify an existing 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.

   (1) For modifications other than changes in location, a licensee may
   provide notice within 24 hours after the modified operation if the
   modification does not result in a predicted increase of the power flux
   density (PFD) at ground level by more than 1 dB since the last advance
   notice was given. If a demonstration is made by the SDARS licensee that
   such modifications may cause harmful interference to SDARS receivers,
   WCS licensees will be required to provide notice 5 business days in
   advance of additional station modifications.

   (2) WCS base and fixed stations operating below 2 watts equivalent
   isotropically radiated power (EIRP) are exempt from the notice
   requirements set forth in this paragraph.

   (3) WCS and SDARS licensees may enter into agreements regarding
   alternative notification procedures.

   (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 or fixed stations 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 or fixed stations must maintain an
   accurate and up-to-date inventory of its 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, as defined in § 27.64(d), 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, as amended at  78 FR 9622 , Feb. 11, 2013]