[Code of Federal Regulations]

[Title 47, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 47CFR101.103]



[Page 630-636]

 

                       TITLE 47--TELECOMMUNICATION

 

                         COMMISSION (CONTINUED)

 

PART 101_FIXED MICROWAVE SERVICES--Table of Contents

 

                      Subpart C_Technical Standards

 

Sec. 101.103  Frequency coordination procedures.



    (a) Assignment of frequencies will be made only in such a manner as 

to facilitate the rendition of communication service on an interference-

free basis in each service area. Unless otherwise indicated, each 

frequency available for use by stations in these services will be 

assigned exclusively to a single applicant in any service area. All 

applicants for, and licensees of, stations in these services must 

cooperate in the selection and use of the frequencies assigned in order 

to minimize interference and thereby obtain the most effective use of 

the authorized facilities. In the event harmful interference occurs or 

appears likely to occur between two or more radio systems and such 

interference cannot be resolved between the licensees thereof, the 

Commission may specify a time sharing arrangement for the stations 

involved or may, after notice and opportunity for hearing, require the 

licensees to make such changes in operating techniques or equipment as 

it may deem necessary to avoid such interference.

    (b)(1) Operations in the bands 31,000-31,075 MHz and 31,225-31,300 

MHz licensed prior to March 11, 1997, were licensed on an unprotected 

basis and are subject to harmful interference from similarly licensed 

operations in that band.

    (i) Operations licensed in the Local Mulitpoint Distribution Service 

and those operations licensed prior to March 11, 1997, except in the 

Local Television Transmission Service, operating in these bands are 

equally protected against harmful interference from each other.

    (ii) In the case of operations licensed prior to March 11, 1997, 

except in the Local Television Transmission Service, that are licensed 

on a point-to-radius basis, LMDS licensees shall be subject to the 

protection requirement established in this section in the case of 

existing links operated by such licensees, and in the case of links 

added by such licensees in the future in accordance with the terms of 

their point-to-radius licenses.

    (iii) An LMDS licensee may not initiate operations within the point-

to-radius area licensed to an operator (other than an operator in the 

Local Television Transmission Service) prior to March 11, 1997, even if 

such operator has not initiated operations to the fullest extent of the 

license. An LMDS licensee, however, may initiate operations at the 

border of such operator's license area without prior coordination if the 

LMDS licensee's operations would not cause harmful interference to the 

other operator's existing operations.

    (iv) An operator (other than an operator in the Local Television 

Transmission Service) licensed on a point-to-radius basis prior to March 

11, 1997, may add additional stations within its license area. Such 

operator shall coordinate with any affected LMDS licensee if its new 

operations might



[[Page 631]]



cause harmful interference to the existing operations of such LMDS 

licensee.

    (v) Operations licensed prior to March 11, 1997, on a point-to-point 

basis may not be extended or otherwise modified through the addition of 

point-to-point links. Such operations shall be limited to the use of 

frequency pairs licensed as of March 11, 1997. Operations licensed in 

the Local Television Transmission Service as of March 11, 1997, may 

continue to operate, but such operators may not expand existing 

operations nor initiate new operations.

    (2) Operations in the 31,075-31,225 MHz band licensed prior to March 

11, 1997, shall receive no protection against harmful interference from 

authorized operations in the Local Multipoint Distribution Service in 

that band.

    (3) Non-LMDS operations in the entire 31,000-31,300 MHz band 

licensed after March 11, 1997, based on applications refiled no later 

than June 26, 1998 are unprotected with respect to each other and 

subject to harmful interference from each other.

    (i) Such operations and any operations licensed prior to March 11, 

1997, in the band are unprotected with respect to each other and subject 

to harmful interference from each other.

    (ii) Such operations are licensed on a secondary basis to LMDS 

operations licensed in the band, may not cause interference to LMDS 

operations, and are not protected from interference from LMDS 

operations.

    (iii) Such operations licensed on a point-to-point basis may not be 

extended or otherwise modified through the addition of point-to-point 

links. Such operations licensed on a point-to-radius basis may add 

additional stations within the licensed area.

    (c) Frequency diversity transmission will not be authorized in these 

services in the absence of a factual showing that the required 

communications cannot practically be achieved by other means. Where 

frequency diversity is deemed to be justified on a protection channel 

basis, it will be limited to one protection channel for the bands 3,700-

4,200, 5925-6425, and 6525-6875 MHz, and a ratio of one protection 

channel for three working channels for the bands 10,550-10,680 and 

10,700-11,700 MHz. In the bands 3,700-4,200, 5,925-6,425, and 6525-6875 

MHz, no frequency diversity protection channel will be authorized unless 

there is a minimum of three working channels, except that where a 

substantial showing is made that a total of three working channels will 

be required within three years, a protection channel may be authorized 

simultaneously with the first working channel. A protection channel 

authorized under such exception will be subject to termination if 

applications for the third working channel are not filed within three 

years of the grant date of the applications for the first working 

channel. Where equipment employing digital modulation techniques with 

cross-polarized operation on the same frequency is used, the protection 

channel authorized under the above conditions may be considered to 

consist of both polarizations of the protection frequency where such is 

shown to be necessary.

    (d) Frequency coordination. For each frequency authorized under this 

part, the following frequency usage coordination procedures will apply:

    (1) General requirements. Proposed frequency usage must be prior 

coordinated with existing licensees, permittees and applicants in the 

area, and other applicants with previously filed applications, whose 

facilities could affect or be affected by the new proposal in terms of 

frequency interference on active channels, applied-for channels, or 

channels coordinated for future growth. Coordination must be completed 

prior to filing an application for regular authorization, or a major 

amendment to a pending application, or any major modification to a 

license. In coordinating frequency usage with stations in the fixed 

satellite service, applicants must also comply with the requirements of 

Sec. 101.21(f). In engineering a system or modification thereto, the 

applicant must, by appropriate studies and analyses, select sites, 

transmitters, antennas and frequencies that will avoid interference in 

excess of permissible levels to other users. All applicants and 

licensees must cooperate fully and make reasonable efforts



[[Page 632]]



to resolve technical problems and conflicts that may inhibit the most 

effective and efficient use of the radio spectrum; however, the party 

being coordinated with is not obligated to suggest changes or re-

engineer a proposal in cases involving conflicts. Applicants should make 

every reasonable effort to avoid blocking the growth of systems as prior 

coordinated. The applicant must identify in the application all entities 

with which the technical proposal was coordinated. In the event that 

technical problems are not resolved, an explanation must be submitted 

with the application. Where technical problems are resolved by an 

agreement or operating arrangement between the parties that would 

require special procedures be taken to reduce the likelihood of 

interference in excess of permissible levels (such as the use of 

artificial site shielding) or would result in a reduction of quality or 

capacity of either system, the details thereof may be contained in the 

application.

    (2) Coordination procedure guidelines are as follows:

    (i) Coordination involves two separate elements: notification and 

response. Both or either may be oral or in written form. To be 

acceptable for filing, all applications and major technical amendments 

must certify that coordination, including response, has been completed. 

The names of the licensees, permittees and applicants with which 

coordination was accomplished must be specified. If such notice and/or 

response is oral, the party providing such notice or response must 

supply written documentation of the communication upon request;

    (ii) Notification must include relevant technical details of the 

proposal. At minimum, this should include, as applicable, the following:



    Applicant's name and address.

    Transmitting station name.

    Transmitting station coordinates.

    Frequencies and polarizations to be added, changed or deleted.

    Transmitting equipment type, its stability, actual output power, 

emission designator, and type of modulation (loading).

    Transmitting antenna type(s), model, gain and, if required, a 

radiation pattern provided or certified by the manufacturer.

    Transmitting antenna center line height(s) above ground level and 

ground elevation above mean sea level.

    Receiving station name.

    Receiving station coordinates.

    Receiving antenna type(s), model, gain, and, if required, a 

radiation pattern provided or certified by the manufacturer.

    Receiving antenna center line height(s) above ground level and 

ground elevation above mean sea level.

    Path azimuth and distance.

    Estimated transmitter transmission line loss expressed in dB.

    Estimated receiver transmission line loss expressed in dB.

    For a system utilizing ATPC, maximum transmit power, coordinated 

transmit power, and nominal transmit power.



    Note: The position location of antenna sites shall be determined to 

an accuracy of no less than 1 second in the 

horizontal dimensions (latitude and longitude) and 1 meter in the vertical dimension (ground elevation) 

with respect to the National Spacial Reference System.



    (iii) For transmitters employing digital modulation techniques, the 

notification should clearly identify the type of modulation. Upon 

request, additional details of the operating characteristics of the 

equipment must also be furnished;

    (iv) Response to notification should be made as quickly as possible, 

even if no technical problems are anticipated. Any response to 

notification indicating potential interference must specify the 

technical details and must be provided to the applicant, in writing, 

within the 30-day notification period. Every reasonable effort should be 

made by all applicants, permittees and licensees to eliminate all 

problems and conflicts. If no response to notification is received 

within 30 days, the applicant will be deemed to have made reasonable 

efforts to coordinate and may file its application without a response;

    (v) The 30-day notification period is calculated from the date of 

receipt by the applicant, permittee, or licensee being notified. If 

notification is by mail, this date may be ascertained by:

    (A) The return receipt on certified mail;

    (B) The enclosure of a card to be dated and returned by the 

recipient; or

    (C) A conservative estimate of the time required for the mail to 

reach its



[[Page 633]]



destination. In the last case, the estimated date when the 30-day period 

would expire should be stated in the notification.

    (vi) An expedited prior coordination period (less than 30 days) may 

be requested when deemed necessary by a notifying party. The 

coordination notice should be identified as ``expedited'' and the 

requested response date should be clearly indicated. However, 

circumstances preventing a timely response from the receiving party 

should be accommodated accordingly. It is the responsibility of the 

notifying party to receive written concurrence (or verbal, with written 

to follow) from affected parties or their coordination representatives.

    (vii) All technical problems that come to light during coordination 

must be resolved unless a statement is included with the application to 

the effect that the applicant is unable or unwilling to resolve the 

conflict and briefly the reason therefor;

    (viii) Where a number of technical changes become necessary for a 

system during the course of coordination, an attempt should be made to 

minimize the number of separate notifications for these changes. Where 

the changes are incorporated into a completely revised notice, the items 

that were changed from the previous notice should be identified. When 

changes are not numerous or complex, the party receiving the changed 

notification should make an effort to respond in less than 30 days. When 

the notifying party believes a shorter response time is reasonable and 

appropriate, it may be helpful for that party to so indicate in the 

notice and perhaps suggest a response date;

    (ix) If, after coordination is successfully completed, it is 

determined that a subsequent change could have no impact on some parties 

receiving the original notification, these parties must be notified of 

the change and of the coordinator's opinion that no response is 

required;

    (x) Applicants, permittees and licensees should supply to all other 

applicants, permittees and licensees within their areas of operations, 

the name, address and telephone number of their coordination 

representatives. Upon request from coordinating applicants, permittees 

and licensees, data and information concerning existing or proposed 

facilities and future growth plans in the area of interest should be 

furnished unless such request is unreasonable or would impose a 

significant burden in compilation;

    (xi) Parties should keep other parties with whom they are 

coordinating advised of changes in plans for facilities previously 

coordinated. If applications have not been filed 6 months after 

coordination was initiated, parties may assume that such frequency use 

is no longer desired unless a second notification has been received 

within 10 days of the end of the 6 month period. Renewal notifications 

are to be sent to all originally notified parties, even if coordination 

has not been successfully completed with those parties; and

    (xii) Any frequency reserved by a licensee for future use in the 

bands subject to this part must be released for use by another licensee, 

permittee or applicant upon a showing by the latter that it requires an 

additional frequency and cannot coordinate one that is not reserved for 

future use.

    (e) Where frequency conflicts arise between co-pending applications 

in the Private Operational Fixed Point-to-Point Microwave, Common 

Carrier Fixed Point-to-Point Microwave and Local Television Transmission 

Services, it is the obligation of the later filing applicant to amend 

his application to remove the conflict, unless it can make a showing 

that the conflict cannot be reasonably eliminated. Where a frequency 

conflict is not resolved and no showing is submitted as to why the 

conflict cannot be resolved, the Commission may grant the first filed 

application and dismiss the later filed application(s) after giving the 

later filing applicant(s) 30 days to respond to the proposed action.

    (f) (1) Coordination and information sharing between MVDDS and NGSO 

FSS licensees in the 12.2 GHz to 12.7 GHz band. Prior to the 

construction or addition of an MVDDS transmitting antenna in this 

frequency band, the MVDDS licensee shall provide notice of intent to 

construct the proposed antenna site to NGSO FSS licensees operating in 

the 12.2-12.7 GHz frequency



[[Page 634]]



band and maintain an Internet web site of all existing transmitting 

sites and transmitting antennas that are scheduled for operation within 

one year including the ``in service'' dates. In addition to the location 

of a proposed new transmitting antenna, MVDDS licensees shall provide to 

the NGSO FSS licensees a technical description of the operating 

characteristics of the proposed transmission facility. At a minimum, the 

following information must be included in each notification:

    (i) Name of MVDDS licensee;

    (ii) Geographic location (including NAD83 coordinates) of proposed 

MVDDS transmitting antenna;

    (iii) Maximum EIRP per 24 MHz;

    (iv) Height above average terrain of the transmitting antenna;

    (v) Type of antenna to be utilized;

    (vi) Main beam azimuth and altitude orientation for the proposed 

transmitting antenna;

    (vii) Theoretically modeled antenna radiation pattern;

    (viii) Type(s) of emissions, and;

    (ix) Description of the proposed service area.

    (2) If the proposed MVDDS antenna site does not meet the minimum 

spacing requirements on the date of original notification or on 

subsequent annual anniversary dates of non-operation as set forth in 

Sec. 101.129, then the MVDDS licensee shall not construct the proposed 

transmission facility unless all NGSO FSS licensees having active 

subscribers within the minimum separation distance agree to a shorter 

spacing. Nothing in this section shall preclude MVDDS and NGSO FSS 

licensees from agreeing to accept the siting of new MVDDS transmitting 

antennas that do no meet the minimum distance set forth in Sec. 

101.129. Incumbent point-to-point licensees' (those not licensed as 

MVDDS) facilities are to be operated in the band 12,200-12,700 MHz 

following the procedures, technical standards, and requirements of Sec. 

101.105 in order to protect stations providing Direct Broadcast 

Satellite Service.

    (g) Licensees operating in Basic Trading Areas authorized in the 

Local Multipoint Distribution Service. (1) When the transmitting 

facilities in a Basic Trading Area (BTA) are to be operated in the bands 

27,500-28,350 MHz; 29,100-29,250 MHz; and 31,000-31,300 MHz and the 

facilities are located within 20 kilometers of the boundaries of a BTA, 

each licensee must complete the frequency coordination process of 

paragraph (d)(2) of this section with respect to neighboring BTA 

licensees that may be affected by its operations prior to initiating 

service. In addition, all licensed transmitting facilities operating in 

the bands 31,000-31,075 MHz and 31,225-31,300 MHz and located within 20 

kilometers of neighboring facilities must complete the frequency 

coordination process of paragraph (d)(2) of this section with respect to 

such authorized operations before initiating service.

    (2) Response to notification should be made as quickly as possible, 

even if no technical problems are anticipated. Any response to 

notification indicating potential interference must specify the 

technical details and must be provided to the applicant, either 

electronically or in writing, within the 30-day notification period. 

Every reasonable effort should be made by all licensees to eliminate all 

problems and conflicts. If no response to notification is received 

within 30 days, the licensee will be deemed to have made reasonable 

efforts to coordinate and commence operation without a response. The 

beginning of the 30-day period is determined pursuant to paragraph 

(d)(2)(v) of this section.

    (h) Special requirements for operations in the band 29,100-29,250 

MHz. (1)(i) Local Multipoint Distribution Service (LMDS) receive 

stations operating on frequencies in the 29,100-29,250 MHz band within a 

radius of 75 nautical miles of the geographic coordinates provided by a 

non-GSO-MSS licensee pursuant to Sec. 101.113(c)(2) or (c)(3)(i) (the 

``feeder link earth station complex protection zone'') shall accept any 

interference caused to them by such earth station complexes and shall 

not claim protection from such earth station complexes.

    (ii) LMDS licensees operating on frequencies in the 29,100-29,250 

MHz band outside a feeder link earth station complex protection zone 

shall cooperate fully and make reasonable efforts to resolve technical 

problems with the non-GSO MSS licensee to the extent



[[Page 635]]



that transmissions from the non-GSO MSS operator's feeder link earth 

station complex interfere with an LMDS receive station.

    (2) No more than 15 days after the release of a public notice 

announcing the commencement of LMDS auctions, feeder link earth station 

complexes to be licensed pursuant to Sec. 25.257 of this chapter shall 

be specified by a set of geographic coordinates in accordance with the 

following requirements: no feeder link earth station complex may be 

located in the top eight (8) metropolitan statistical areas (MSAs), 

ranked by population, as defined by the Office of Management and Budget 

as of June 1993, using estimated populations as of December 1992; two 

(2) complexes may be located in MSAs 9 through 25, one of which must be 

Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be 

located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51 

to 100, one of which must be Honolulu, Hawaii (for a complex at Waimea); 

and the three (3) remaining complexes must be located at least 75 

nautical miles from the borders of the 100 largest MSAs or in any MSA 

not included in the 100 largest MSAs. Any location allotted for one 

range of MSAs may be taken from an MSA below that range.

    (3)(i) Any non-GSO MSS licensee may at any time specify sets of 

geographic coordinates for feeder link earth station complexes with each 

earth station contained therein to be located at least 75 nautical miles 

from the border of the 100 largest MSAs.

    (ii) For purposes of paragraph (h)(3)(i) of this section, non-GSO 

MSS feeder link earth station complexes shall be entitled to 

accommodation only if the affected non-GSO MSS licensee preapplies to 

the Commission for a feeder link earth station complex or certifies to 

the Commission within sixty days of receiving a copy of an LMDS 

application that it intends to file an application for a feeder link 

earth station complex within six months of the date of receipt of the 

LMDS application.

    (iii) If said non-GSO MSS licensee application is filed later than 

six months after certification of the Commission, the LMDS and non-GSO 

MSS entities shall still cooperate fully and make reasonable efforts to 

resolve technical problems, but the LMDS licensee shall not be obligated 

to re-engineer its proposal or make changes to its system.

    (4) LMDS licensees or applicants proposing to operate hub stations 

on frequencies in the 29,100-29,250 MHz band at locations outside of the 

100 largest MSAs or within a distance of 150 nautical miles from a set 

of geographic coordinates specified under paragraphs (h)(2) or (h)(3)(i) 

of this section shall serve copies of their applications on all non-GSO 

MSS applicants, permittees or licensees meeting the criteria specified 

in Sec. 25.257(a). Non-GSO MSS licensees or applicants shall serve 

copies of their feeder link earth station applications, after the LMDS 

auction, on any LMDS applicant or licensee within a distance of 150 

nautical miles from the geographic coordinates that it specified under 

Sec. 101.113(c)(2) or (c)(3)(i). Any necessary coordination shall 

commence upon notification by the party receiving an application to the 

party who filed the application. The results of any such coordination 

shall be reported to the Commission within sixty days. The non-GSO MSS 

earth station licensee shall also provide all such LMDS licensees with a 

copy of its channel plan.

    (i)(1) When the licensed facilities are to be operated in the band 

38,600 MHz to 40,000 MHz and the facilities are located within 16 

kilometers of the boundaries of an Economic Area, each licensee must 

complete the frequency coordination process of subsection 101.103(d) 

with respect to neighboring EA licensees and existing licensees within 

its EA service area that may be affected by its operation prior to 

initiating service. In addition to the technical parameters listed in 

subsection 101.103(d), the coordinating licensee must also provide 

potentially affected parties technical information related to its 

subchannelization plan and system geometry.

    (2) Response to notification should be made as quickly as possible, 

even if no technical problems are anticipated. Any response to 

notification indicating potential interference must specify the 

technical details and must be provided to the licensee, either 

electronically or



[[Page 636]]



in writing, within 10 days of notification. Every reasonable effort 

should be made by all licensees to eliminate all problems and conflicts. 

If no response to notification is received within 10 days, the licensee 

will be deemed to have made reasonable efforts to coordinate and may 

commence operation without a response. The beginning of the 10-day 

period is determined pursuant to Sec. 101.103(d)(v).



[61 FR 26677, May 28, 1996, as amended at 62 FR 23165, Apr. 29, 1997; 63 

FR 6105, Feb. 6, 1998; 63 FR 9448, Feb. 25, 1998; 63 FR 14039, Mar. 24, 

1998; 63 FR 68983, Dec. 14, 1998; 64 FR 45893, Aug. 23, 1999; 65 FR 

38328, June 20, 2000; 67 FR 43037, June 26, 2002]