§  25.136   Earth Stations in the 24.75-25.25 GHz, 27.5-28.35 GHz, 37.5-40 GHz,
47.2-48.2, GHz and 50.4-51.4 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
   applicant for a license for a transmitting earth station in the
   27.5-28.35 GHz band that meets one of the following criteria may be
   authorized to operate without providing 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 paragraph (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 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 the amount of population of the UMFUS license area
   within which the earth station is located as noted in table 1 to this
   paragraph (a)(4)(ii):

   Table 1 to Paragraph (a)(4)(ii)
   Population within UMFUS license area Maximum permitted aggregate
   population
   within -77.6 dBm/m^2/MHz PFD contour
   of earth stations
   Greater than 450,000 0.1 percent of population in UMFUS license area.
   Between 6,000 and 450,000 450 people.
   Fewer than 6,000 7.5 percent of population in UMFUS license area.

   (iii) The area in which the earth station generates a 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, urban mass transit route, passenger
   railroad, or cruise ship port. In addition, the area mentioned in
   paragraph (a)(4)(ii) of this section shall not cross any of the
   following types of roads, as defined in functional classification
   guidelines issued by the Federal Highway Administration pursuant to 23
   CFR 470.105(b): Interstate, Other Freeways and Expressways, or Other
   Principal Arterial. The Federal Highway Administration Office of
   Planning, Environment, and Realty Executive Geographic Information
   System (HEPGIS) map contains information on the classification of
   roads. For purposes of this rule, an urban area shall be an Adjusted
   Urban Area as defined in section 101(a)(37) of Title 21 of the United
   States Code.

   (iv) The applicant has successfully completed frequency coordination
   with the UMFUS licensees within the area in which the earth station
   generates a 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 must
   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 county within which the
   proposed earth station is located that meet the criteria contained in
   paragraph (c) of this section, and there are no more than 14 other
   authorized earth stations operating in the 37.5-40 GHz band within the
   PEA 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 PEA authorized pursuant to this, does not
   cover, in the aggregate, more than the amount of population of the PEA
   within which the earth station is located as noted in table 2 to this
   paragraph (c)(2):

   Table 2 to Paragraph (c)(2)
   Population within Partial Economic Area (PEA) where earth station is
   located Maximum permitted aggregate population
   within protection zone of earth stations
   Greater than 2,250,000 0.1 percent of population in PEA.
   Between 60,000 and 2,250,000 2,250 people.
   Fewer than 60,000 3.75 percent of population in PEA.

   (3) The protection zone does not contain any major event venue, urban
   mass transit route, passenger railroad, or cruise ship port. In
   addition, the area mentioned in the preceding sentence shall not cross
   any of the following types of roads, as defined in functional
   classification guidelines issued by the Federal Highway Administration
   pursuant to 23 CFR 470.105(b): Interstate, Other Freeways and
   Expressways, or Other Principal Arterial. The Federal Highway
   Administration Office of Planning, Environment, and Realty Executive
   Geographic Information System (HEPGIS) map contains information on the
   classification of roads. For purposes of this rule, an urban area shall
   be an Adjusted Urban Area as defined in section 101(a)(37) of Title 21
   of the United States Code.

   (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) Notwithstanding that FSS is co-primary with the Upper Microwave
   Flexible Use Service in the 47.2-48.2 GHz band, earth stations in the
   47.2-48.2 GHz band shall be limited to individually licensed earth
   stations. An applicant for a license for a transmitting earth station
   in the 47.2-48.2 GHz band must meet one of the following criteria to be
   authorized to operate 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 PFD, at 10 meters above ground level, of greater than or
   equal to -77.6 dBm/m2/MHz; or

   (2) The earth station in the 47.2-48.2 GHz band was authorized prior to
   February 1, 2018; or

   (3) The application for the earth station in the 47.2-48.2 GHz band was
   filed prior to February 1, 2018; 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 47.2-48.2 GHz band within the county where the
   proposed earth station is located that meet the criteria contained in
   paragraph (d)(1), (2), (3), or (4) of this section, and there are no
   more than 14 other authorized earth stations operating in the 47.2-48.2
   GHz band within the PEA where the proposed earth station is located
   that meet the criteria contained in paragraph (d)(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 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 (d) of this section, does not cover, in the
   aggregate, more than the amount of population of the PEA within which
   the earth station is located as noted in table 3 to this paragraph
   (d)(4)(ii):

   Table 3 to Paragraph (d)(4)(ii)
   Population within Partial Economic Area (PEA) where earth station is
   located Maximum permitted aggregate population
   within -77.6 dBm/m^2/MHz PFD contour
   of earth stations
   Greater than 2,250,000 0.1 percent of population in PEA.
   Between 60,000 and 2,250,000 2,250 people.
   Fewer than 60,000 3.75 percent of population in PEA.

   (iii) The area in which the earth station generates a 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, any highway classified by the U.S.
   Department of Transportation under the categories Interstate, Other
   Freeways and Expressways, or Other Principal Arterial, or an 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 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.

   (e) Notwithstanding that FSS is co-primary with the Upper Microwave
   Flexible Use Service in the 24.75-25.25 GHz and 50.4-51.4 GHz bands,
   earth stations in these bands shall be limited to individually licensed
   earth stations. An applicant for a license for a transmitting earth
   station in the 24.75-25.25 GHz or 50.4-51.4 GHz band must meet one of
   the following criteria to be authorized to operate 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 -77.6dBm/m2/MHz;

   (2) The earth station in the 24.75-25.25 GHz band was authorized prior
   to August 20, 2018; or the earth station in the 50.4-51.4 GHz band was
   authorized prior to June 12, 2019; or

   (3) The application for the earth station in the 24.75-25.25 GHz band
   was filed prior to August 20, 2018; or the application for the earth
   station in the 50.4-51.4 GHz band was filed prior to June 12, 2019; 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 same frequency band within the county where the
   proposed earth station is located that meet the criteria contained in
   either paragraph (e)(1), (2), (3), or (4) of this section, and there
   are no more than 14 other authorized earth stations operating in the
   same frequency band within the Partial Economic Area where the proposed
   earth station is located that meet the criteria contained in paragraph
   (e)(1), (2), (3), or (4) of this section. For purposes of the
   requirement in this paragraph (e)(4), 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 operating in the same frequency band authorized pursuant to
   paragraph (e) of this section, does not cover, in the aggregate, more
   than the amount of population of the county within which the earth
   station is located as noted in table 4 to this paragraph (e)(4)(ii):

   Table 4 to Paragraph (e)(4)(ii)
   Population within the County where earth station is located Maximum
   permitted aggregate population within -77.6 dBm/m^2/MHz PFD contour of
   earth stations
   Greater than 450,000 0.1 percent of population in county.
   Between 6,000 and 450,000 450 people.
   Fewer than 6,000 7.5 percent of population in county.

   (iii) The area in which the earth station generates a 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, urban mass transit route, passenger
   railroad, or cruise ship port. In addition, the area mentioned in
   paragraph (e)(4)(ii) of this section shall not cross any of the
   following types of roads, as defined in functional classification
   guidelines issued by the Federal Highway Administration pursuant to 23
   CFR 470.105(b): Interstate, Other Freeways and Expressways, or Other
   Principal Arterial. The Federal Highway Administration Office of
   Planning, Environment, and Realty Executive Geographic Information
   System (HEPGIS) map contains information on the classification of
   roads. For purposes of this paragraph (e)(4), an urban area shall be an
   Adjusted Urban Area as defined in section 101(a)(37) of Title 21 of the
   United States Code; and

   (iv) The applicant has successfully completed frequency coordination
   with the UMFUS licensees within the area in which the earth station
   generates a 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.

   (f) If an earth station applicant or licensee in the 24.75-25.25 GHz,
   27.5-28.35 GHz, 37.5-40 GHz, 47.2-48.2 GHz and/or 50.4-51.4 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.

   (g) Any earth station authorizations issued pursuant to paragraph
   (a)(4), (c), (d)(4), or (e)(4) of this section shall be conditioned
   upon operation being in compliance with the criteria contained in the
   applicable paragraph.

   [ 81 FR 79937 , Nov. 14, 2016, as amended at  83 FR 63 , Jan. 2, 2018;  83 FR 34489 , July 20, 2018;  84 FR 20819 , May 13, 2019;  84 FR 47147 , Sept.
   9, 2019]