§  5.85   Frequencies and policy governing frequency assignment.

   (a)(1) Stations operating in the Experimental Radio Service may be
   authorized to use any Federal or non-Federal frequency designated in
   the Table of Frequency Allocations set forth in part 2 of this chapter,
   provided that the need for the frequency requested is fully justified
   by the applicant. Stations authorized under Subparts E and F are
   subject to additional restrictions.

   (2) Applications to use any frequency or frequency band exclusively
   allocated to the passive services (including the radio astronomy
   service) must include an explicit justification of why nearby bands
   that have non-passive allocations are not adequate for the experiment.
   Such applications must also state that the applicant acknowledges that
   long term or multiple location use of passive bands is not possible and
   that the applicant intends to transition any long-term use to a band
   with appropriate allocations.

   (b) Frequency or frequency bands are assigned to stations in the
   Experimental Radio Service on a shared basis and are not assigned for
   the exclusive use of any one licensee. Frequency assignments may be
   restricted to specified geographical areas.

   (c) Broadcast experimental radio stations. (1) The applicant shall
   select frequencies best suited to the purpose of the experimentation
   and on which there appears to be the least likelihood of interference
   to established stations.

   (2) Except as indicated only frequencies allocated to broadcasting
   service are assigned. If an experiment cannot be feasibly conducted on
   frequencies allocated to a broadcasting service, an experimental
   station may be authorized to operate on other frequencies upon a
   satisfactory showing of the need therefore and a showing that the
   proposed operation can be conducted without causing harmful
   interference to established services.

   (d) Use of Public Safety Frequencies. (1) Conventional experimental
   licenses. Applicants in the Experimental Radio Service shall avoid use
   of public safety frequencies identified in part 90 of this chapter
   except when a compelling showing is made that use of such frequencies
   is in the public interest. If an experimental license to use public
   safety radio frequencies is granted, the authorization will include a
   condition requiring the experimental licensee to coordinate the
   operation with the appropriate frequency coordinator or all of the
   public safety licensees using the frequencies in question in the
   experimenter's proposed area of operation.

   (2) Program experimental licenses. A program licensee shall plan a
   program of experimentation that avoids use of public safety
   frequencies, and may only operate on such frequencies when it can make
   a compelling showing that use of such frequencies is in the public
   interest. A licensee planning to operate on public safety frequencies
   must incorporate its public interest showing into the narrative
   statement it prepares under § 5.309(a)(1), and must coordinate, prior to
   operating, with the appropriate frequency coordinator or all of the
   public safety licensees that operate on the frequencies in question in
   the program experimental licensee's proposed area of operation

   (e) The Commission may, at its discretion, condition any experimental
   license or STA on the requirement that before commencing operation, the
   new licensee coordinate its proposed facility with other licensees that
   may receive interference as a result of the new licensee's operations.

   (f) Protection of FCC monitoring stations. (1) Applicants may need to
   protect FCC monitoring stations from interference and their station
   authorization may be conditioned accordingly. Geographical coordinates
   of such stations are listed in § 0.121(b) of this chapter.

   (2) In the event that calculated value of expected field strength
   exceeds a direct wave fundamental field strength of greater than 10
   mV/m in the authorized bandwidth of service (-65.8 dBW/m2 power flux
   density assuming a free space characteristic impedance of 120p ohms) at
   the reference coordinates, or if there is any question whether field
   strength levels might exceed the threshold value, the applicant should
   call the FCC, telephone 1-888-225-5322 (1-888-CALL FCC).

   (3) Coordination is suggested particularly for those applicants who
   have no reliable data that indicates whether the field strength or
   power flux density figure indicated in paragraph (f)(2) of this section
   would be exceeded by their proposed radio facilities (except mobile
   stations). The following is a suggested guide for determining whether
   coordination is needed:

   (i) All stations within 2.4 kilometers (1.5 statute miles);

   (ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts or
   more average ERP in the primary plane of polarization in the azimuthal
   direction of the Monitoring Station;

   (iii) Stations within 16 kilometers (10 statute miles) with 1 kW or
   more average ERP in the primary plane of polarization in the azimuthal
   direction of the Monitoring Station;

   (iv) Stations within 80 kilometers (50 statute miles) with 25 kW or
   more average ERP in the primary plane of polarization in the azimuthal
   direction of the Monitoring Station.

   (4) Advance coordination for stations operating above 1000 MHz is
   recommended only where the proposed station is in the vicinity of a
   monitoring station designated as a satellite monitoring facility in
   § 0.121(b) of this chapter and also meets the criteria outlined in
   paragraphs (f)(2) and (3) of this section.

   [ 78 FR 25162 , Apr. 29, 2013, as amended at  80 FR 52414 , Aug. 31, 2015]