Sec.  90.175   Frequency coordinator requirements.

   Except for applications listed in paragraph (j) of this section, each
   application for a new frequency assignment, for a change in existing
   facilities as listed in  Sec. 90.135(a), or for operation at temporary locations
   in accordance with  Sec. 90.137 must include a showing of frequency coordination
   as set forth further.

   (a) Frequency coordinators may request, and applicants are required to
   provide, all appropriate technical information, system requirements, and
   justification for requested station parameters when such information is
   necessary to identify and recommend the most appropriate frequency.
   Additionally, applicants bear the burden of proceeding and the burden of
   proof in requesting the Commission to overturn a coordinator's
   recommendation.

   (b) For frequencies between 25 and 470 MHz: (1) A statement is required from
   the applicable frequency coordinator as specified in  Sec.  Sec. 90.20(c)(2) and
   90.35(b) recommending the most appropriate frequency. In addition, for
   frequencies above 150 MHz, if the interference contour of a proposed station
   would overlap the service contour of a station on a frequency formerly
   shared prior to radio service consolidation by licensees in the
   Manufacturers Radio Service, the Forest Products Radio Service, the Power
   Radio Service, the Petroleum Radio Service, the Motor Carrier Radio Service,
   the Railroad Radio Service, the Telephone Maintenance Radio Service or the
   Automobile Emergency Radio Service, the written concurrence of the
   coordinator for the industry-specific service, or the written concurrence of
   the licensee itself, must be obtained. Requests for concurrence must be
   responded to within 20 days of receipt of the request. The written request
   for concurrence shall advise the receiving party of the maximum 20 day
   response period. The coordinator's recommendation may include comments on
   technical factors such as power, antenna height and gain, terrain and other
   factors which may serve to minimize potential interference. In addition:

   (2) On frequencies designated for coordination or concurrence by a specific
   frequency coordinator as specified in  Sec.  Sec. 90.20(c)(3) and 90.35(b), the
   applicable frequency coordinator shall provide a written supporting
   statement in instances in which coordination or concurrence is denied. The
   supporting statement shall contain sufficient detail to permit discernment
   of the technical basis for the denial of concurrence. Concurrence may be
   denied only when a grant of the underlying application would have a
   demonstrable, material, adverse effect on safety.

   (3) In instances in which a frequency coordinator determines that an
   applicant's requested frequency or the most appropriate frequency is one
   designated for coordination or concurrence by a specific frequency
   coordinator as specified in  Sec.  Sec. 90.20(c)(3) or 90.35(b), that frequency
   coordinator may forward the application directly to the appropriate
   frequency coordinator. A frequency coordinator may only forward an
   application as specified above if consent is received from the applicant.

   (c) For frequencies above 800 MHz: When frequencies are shared by more than
   one service, concurrence must be obtained from the other applicable
   certified coordinators.

   (d) For frequencies in the 450–470 MHz band: When used for secondary fixed
   operations, frequencies shall be assigned and coordinated pursuant to
    Sec. 90.261.

   (e) For frequencies between 470 and 512 MHz, 764–776/794–806 MHz,
   806–824/851–869 MHz, and 896–901/935–940 MHz: A recommendation of the
   specific frequencies that are available for assignment in accordance with
   the loading standards and mileage separations applicable to the specific
   radio service, frequency pool, or category of user involved is required from
   an applicable frequency coordinator.

   (f) For frequencies in the 929–930 MHz band listed in paragraph (b) of
    Sec. 90.494: A statement is required from the coordinator recommending the most
   appropriate frequency.

   (g) For frequencies between 1427–1432 MHz: A statement is required from the
   coordinator recommending the most appropriate frequency, operating power and
   area of operation in accordance with the requirements of  Sec. 90.259(b).

   (h) Any recommendation submitted in accordance with paragraphs (a), (c),
   (d), or (e) of this section is advisory in character and is not an assurance
   that the Commission will grant a license for operation on that frequency.
   Therefore, applicants are strongly advised not to purchase radio equipment
   operating on specific frequencies until a valid authorization has been
   obtained from the Commission.

   (i) Applications for facilities near the Canadian border north of line A or
   east of line C in Alaska may require coordination with the Canadian
   government. See  Sec. 1.928 of this chapter.

   (j) The following applications need not be accompanied by evidence of
   frequency coordination:

   (1) Applications for frequencies below 25 MHz.

   (2) Applications for a Federal Government frequency.

   (3) Applications for frequencies in the 72–76 MHz band except for mobile
   frequencies subject to  Sec. 90.35(c)(77).

   (4) Applications for a frequency to be used for developmental purposes.

   (5) Applications in the Industrial/Business Pool requesting a frequency
   designated for itinerant operations, and applications requesting operation
   on 154.570 MHz, 154.600 MHz, 151.820 MHz, 151.880 MHz, and 151.940 MHz.

   (6) Applications in the Radiolocation Service.

   (7) Applications filed exclusively to modify channels in accordance with
   band reconfiguration in the 806–824/851–869 MHz band.

   (8) Applications for frequencies listed in the SMR tables contained in
    Sec.  Sec. 90.617 and 90.619.

   (9) Applications indicating license assignments such as change in ownership,
   control or corporate structure if there is no change in technical
   parameters.

   (10) Applications for mobile stations operating in the 470–512 MHz band,
   764–776/794–806 MHz band, or above 800 MHz if the frequency pair is assigned
   to a single system on an exclusive basis in the proposed area of operation.

   (11) Applications for add-on base stations in multiple licensed systems
   operating in the 470–512 MHz, 764–776/794–806 MHz band, or above 800 MHz if
   the frequency pair is assigned to a single system on an exclusive basis.

   (12) Applications for control stations operating below 470 MHz,
   764–776/794–806 MHz, or above 800 MHz and meeting the requirements of
    Sec. 90.119(b).

   (13) Except for applications for the frequencies set forth in  Sec.  Sec. 90.719(c)
   and 90.720, applications for frequencies in the 220–222 MHz band.

   (14) Applications for a state license under  Sec. 90.529.

   (15) Applications for narrowband low power channels listed for itinerant use
   in  Sec. 90.531(b)(4)

   (16) Applications for DSRCS licenses (as well as registrations for Roadside
   Units) in the 5850–5925 GHz band.

   [ 67 FR 41858 , June 20, 2002, as amended at  67 FR 63289 , Oct. 11, 2002;  68 FR 38639 , June 30, 2003;  69 FR 39867 , July 1, 2004;  69 FR 46443 , Aug. 3, 2004;
    70 FR 6759 , Feb. 8, 2005]