[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR27.303]

[Page 383-384]
 
                       TITLE 47--TELECOMMUNICATION
 
                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (CONTINUED)
 
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES--Table of Contents
 
     Subpart E--Application, Licensing, and Processing Rules for WCS
 
Sec. 27.303  Upper 700 MHz commercial and public safety coordination zone.

    (a) General. CMRS operators are required, prior to commencing 
operations on fixed or base station transmitters on the 777-792 MHz band 
that are located within 500 meters of existing or planned public safety 
base station receivers, to submit a description of their proposed 
facility to a Commission-approved public safety coordinator.
    (1) The description must include, at a minimum;
    (i) The frequency or frequencies on which the facility will operate;
    (ii) Antenna location and height;
    (iii) Type of emission;
    (iv) Effective radiated power;
    (v) A description of the area served and the operator's name.
    (2) It is the CMRS operator's responsibility to determine whether 
referral is required for stations constructed in its area of license. 
Public safety base stations are considered ``planned'' when public 
safety operators have notified, or initiated coordination with, a 
Commission-approved public safety coordinator.
    (b) CMRS operators must wait at least 10 business days after 
submission of the required description before commencing operations on 
the referenced facility, or implementing modifications to an existing 
facility.
    (c) The potential for harmful interference between the CMRS and 
public safety facilities will be evaluated by the public safety 
coordinator.
    (1) With regard to existing public safety facilities, the 
coordinator's determination to disapprove a proposed CMRS facility (or 
modification) to be located within 500 meters of the public safety 
facilities will be presumed correct, but the CMRS operator may seek 
Commission review of such determinations. Pending Commission review, the 
CMRS operator will not activate the facility or implement proposed 
modifications.
    (2) With regard to proposed public safety facilities, the 
coordinator's determination to disapprove a proposed

[[Page 384]]

CMRS facility (or modification) to be located within 500 meters of the 
public safety facilities will be presumed correct, but the CMRS operator 
may seek Commission review and, pending completion of review, operate 
the facility during construction of the public safety facilities. If 
coordination or Commission review has not been completed when the public 
safety facilities are ready to operate, the CMRS operator must cease 
operations pending completion of coordination or Commission review. Such 
interim operation of the CMRS facility within the coordination zone (or 
implementation of modifications) will not be relied on by the Commission 
in its subsequent review and determination of measures necessary to 
control interference, including relocation or modification of the CMRS 
facility.
    (d) If, in the event of harmful interference between facilities 
located within 500 meters proximity, the parties are unable, with the 
involvement of the coordinator, to resolve the problem by mutually 
satisfactory arrangements, the Commission may impose restrictions on the 
operations of any of the parties involved.

[67 FR 49245, July 30, 2002]