[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR27.303]



[Page 393-394]

 

                       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;



[[Page 394]]



    (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 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]