§ 25.136   Earth Stations in the 27.5-28.35 GHz and 37.5-40 GHz bands.

   (a) FSS is secondary to the Upper Microwave Flexible Use Service in the
   27.5-28.35 GHz band. Notwithstanding that secondary status, an earth
   station in the 27.5-28.35 GHz band that meets one of the criteria
   listed below may operate consistent with the terms of its authorization
   without providing any additional interference protection to stations in
   the Upper Microwave Flexible Use Service:

   (1) The FSS licensee also holds the relevant Upper Microwave Flexible
   Use Service license(s) for the area in which the earth station
   generates a power flux density (PFD), at 10 meters above ground level,
   of greater than or equal to −77.6 dBm/m2/MHz;

   (2) The FSS earth station was authorized prior to July 14, 2016; or

   (3) The application for the FSS earth station was filed prior to July
   14, 2016 and has been subsequently granted; or

   (4) The applicant demonstrates compliance with all of the following
   criteria in its application:

   (i) There are no more than two other authorized earth stations
   operating in the 27.5-28.35 GHz band within the county where the
   proposed earth station is located that meet the criteria contained in
   either paragraphs (a)(1), (2), (3), or (4) of this section. For
   purposes of this requirement, multiple earth stations that are
   collocated with or at a location contiguous to each other shall be
   considered as one earth station;

   (ii) The area in which the earth station generates a power flux density
   (PFD), at 10 meters above ground level, of greater than or equal to
   −77.6 dBm/m2/MHz, together with the similar area of any other earth
   station authorized pursuant to paragraph (a) of this section, does not
   cover, in the aggregate, more than 0.1 percent of the population of the
   county within which the earth station is located;

   (iii) The area in which the earth station generates a power flux
   density (PFD), at 10 meters above ground level, of greater than or
   equal to −77.6 dBm/m2/MHz does not contain any major event venue,
   arterial street, interstate or U.S. highway, urban mass transit route,
   passenger railroad, or cruise ship port; and

   (iv) The applicant has successfully completed frequency coordination
   with the UMFUS licensees within the area in which the earth station
   generates a power flux density (PFD), at 10 meters above ground level,
   of greater than or equal to −77.6 dBm/m2/MHz with respect to existing
   facilities constructed and in operation by the UMFUS licensee. In
   coordinating with UMFUS licensees, the applicant shall use the
   applicable processes contained in § 101.103(d) of this chapter.

   (b) Applications for earth stations in the 37.5-40 GHz band shall
   provide an exhibit describing the zone within which the earth station
   will require protection from transmissions of Upper Microwave Flexible
   Use Service licensees. For purposes of this rule, the protection zone
   shall consist of the area where UMFUS licensees may not locate
   facilities without the consent of the earth station licensee. The earth
   station applicant shall demonstrate in its application, using
   reasonable engineering methods, that the requested protection zone is
   necessary in order to protect its proposed earth station.

   (c) The protection zone (as defined in paragraph (b) of this section)
   shall comply with the following criteria. The applicant shall
   demonstrate compliance with all of the following criteria in its
   application:

   (1) There are no more than two other authorized earth stations
   operating in the 37.5-40 GHz band within the Partial Economic Area
   within which the proposed earth station is located that meet the
   criteria contained in paragraph (c) of this section. For purposes of
   this requirement, multiple earth stations that are collocated with or
   at a location contiguous to each other shall be considered as one earth
   station;

   (2) The protection zone, together with the protection zone of other
   earth stations in the same Partial Economic Area authorized pursuant to
   this section, does not cover, in the aggregate, more than 0.1 percent
   of the population of the Partial Economic Area within which the earth
   station is located;

   (3) The protection zone does not contain any major event venue,
   arterial street, interstate or U.S. highway, urban mass transit route,
   passenger railroad, or cruise ship port; and

   (4) The applicant has successfully completed frequency coordination
   with the UMFUS licensees within the protection zone with respect to
   existing facilities constructed and in operation by the UMFUS licensee.
   In coordinating with UMFUS licensees, the applicant shall use the
   applicable processes contained in § 101.103(d) of this chapter.

   (d) If an earth station applicant or licensee in the 27.5-28.35 GHz or
   37. 5-40 GHz bands enters into an agreement with an UMFUS licensee,
   their operations shall be governed by that agreement, except to the
   extent that the agreement is inconsistent with the Commission's rules
   or the Communications Act.

   [ 81 FR 79937 , Nov. 14, 2016]

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