§  22.150   Standard pre-filing technical coordination procedure.

   For operations on certain channels in the Public Mobile Services,
   carriers must attempt to coordinate the proposed use of spectrum with
   other spectrum users prior to filing an application for authority to
   operate a station. Rules requiring this procedure for specific channels
   and types of stations are contained in the subparts governing the
   individual Public Mobile Services.

   (a) Coordination comprises two steps--notification and response. Each
   step may be accomplished orally or in writing.

   (b) Notification must include relevant technical details of the
   proposal. At minimum, this should include the following:

   (1) Geographical coordinates of the antenna site(s).

   (2) Transmitting and receiving channels to be added or changed.

   (3) Transmitting power, emission type and polarization.

   (4) Transmitting antenna pattern and maximum gain.

   (5) Transmitting antenna height above ground level.

   (c) Applicants and licensees receiving notification must respond
   promptly, even if no channel usage conflicts are anticipated. If any
   notified party fails to respond within 30 days, the applicant may file
   the application without a response from that party.

   (d) The 30-day period begins on the date the notification is submitted
   to the Commission via the ULS. If the notification is by mail, this
   date may be ascertained by:

   (1) The return receipt on certified mail,

   (2) The enclosure of a card to be dated and returned by the party being
   notified, or

   (3) A reasonable estimate of the time required for the mail to reach
   its destination. In this case, the date when the 30-day period will
   expire must be stated in the notification.

   (e) All channel usage conflicts discovered during the coordination
   process should be resolved prior to filing of the application. If the
   applicant is unable or unwilling to resolve a particular conflict, the
   application may be accepted for filing if it contains a statement
   describing the unresolved conflict and a brief explanation of the
   reasons why a resolution was not achieved.

   (f) If a number of changes in the technical parameters of a proposed
   facility become necessary during the course of the coordination
   process, an attempt should be made to minimize the number of separate
   notifications. If the changes are incorporated into a completely
   revised notice, the items that were changed from the previous notice
   should be identified.

   (g) In situations where subsequent changes are not numerous or complex,
   the party receiving the changed notification should make an effort to
   respond in less than 30 days. If the applicant believes a shorter
   response time is reasonable and appropriate, it should so indicate in
   the notice and suggest a response date.

   (h) If a subsequent change in the technical parameters of a proposed
   facility could not affect the facilities of one or more of the parties
   that received an initial notification, the applicant is not required to
   coordinate that change with these parties. However, these parties must
   be advised of the change and of the opinion that coordination is not
   required.

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  63 FR 68944 , Dec. 14, 1998]