[Code of Federal Regulations]
[Title 47, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR5.85]

[Page 638-640]
 
                       TITLE 47--TELECOMMUNICATION
 
              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
 
PART 5--EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)--Table of Contents
 
                  Subpart B--Applications and Licenses
 
Sec. 5.85  Frequencies and policy governing their assignment.

    (a) Stations operating in the Experimental Radio Service may be 
authorized to use any government or non-government 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.
    (b) Each frequency or band of frequencies available for assignment 
to stations in the Experimental Radio Service is available on a shared 
basis only, and will not be assigned for the exclusive use of any one 
applicant, and such use may also be restricted to one or more specified 
geographical areas. Not more than one frequency in a band of frequencies 
will normally be assigned for the use of a single applicant

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unless a showing is made demonstrating that need for the assignment of 
additional frequencies is essential to the proposed program of 
experimentation.
    (c) Frequency assignments will be made only on the condition that 
harmful interference will not be caused to any station operating in 
accordance with the Table of Frequency Allocation of part 2 of this 
chapter.
    (d) Use of Public Safety Frequencies. Applicants in the Experimental 
Radio Service must avoid use of public safety frequencies except when a 
compelling showing can be made that use of such frequencies is in the 
public interest. Public safety frequencies are identified in subpart B 
(Public Safety Radio Services) and subpart C (Special Emergency Radio 
Service) of part 90 of this Chapter. In addition, subpart S of part 90 
of this chapter contains rules for the assignment of frequencies that 
may be used by Public Safety Radio Services in the 806-824 MHz and 851-
869 MHz bands. If an experimental license to use public safety radio 
frequencies is granted, the authorization will be conditioned to require 
coordination between the experimental licensee and the appropriate 
frequency coordinator and/or all of the public safety licensees in its 
intended 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 are 
advised to give consideration, prior to filing applications, to the need 
to protect FCC monitoring stations from harmful interference. 
Geographical coordinates of such stations are listed in Sec. 0.121(b) of 
this chapter. Applications for stations (except mobile stations) that 
will produce on any frequency a direct wave fundamental field strength 
of greater than 10 mV/m in the authorized bandwidth of service (-65.8 
dBW/m 2 power flux density assuming a free space 
characteristic impedance of 120[pi] ohms) at the referenced coordinates, 
may be examined to determine the extent of possible interference. 
Depending on the theoretical field strength value or other ambient radio 
field signal levels at the indicated coordinates, a clause protecting 
the monitoring station may be added to the station authorization.
    (2) In the event that calculated value of expected field strength 
exceeds 10 mV/m (-65.8 dBW/m 2) at the reference coordinates, 
or if there is any question whether field strength levels might exceed 
the threshold value, advance consultation with the FCC to discuss any 
protection necessary should be considered. Prospective applicants may 
communicate with the Technology Division, Compliance and Information 
Bureau, telephone (202) 418-1210, Federal Communications Commission, 
Washington, DC 20554.
    (3) Advance consultation is suggested particularly for those 
applicants who have no reliable data that indicates whether the field 
strength or power flux density figure indicated would be exceeded by 
their proposed radio facilities (except mobile stations). In such 
instances, the following is a suggested guide for determining whether an 
applicant should coordinate:
    (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 
Sec. 0.121(c) of this Chapter and also meets the criteria outlined in 
paragraphs (d) (2) and (3) of this section.
    (5) The Commission will not screen applications to determine whether 
advance consultation has taken place.

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However, applicants are advised that such consultation can avoid 
objections from the Commission.