[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2005]

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

[CITE: 47CFR27.601]



[Page 315-316]

 

                       TITLE 47--TELECOMMUNICATION

 

                         COMMISSION (CONTINUED)

 

PART 27_MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES--Table of Contents

 

                      Subpart G_Guard Band Managers

 

Sec. 27.601  Guard Band Manager authority and coordination requirements.



    Source: 65 FR 17605, Apr. 4, 2000, unless otherwise noted.





    (a) Subject to the provisions of Sec. 27.2(b) and paragraphs (c) 

and (d) of this section, a Guard Band Manager may allow a spectrum user, 

pursuant to a written agreement, to construct and operate stations at 

any available site within the licensed area and on any channel for which 

the Guard Band Manager is licensed, provided such stations comply with 

Commission Rules and coordination requirements.



[[Page 316]]



    (b) Subject to the provisions of Sec. 27.2(b) and paragraphs (c) 

and (d) of this section, a Guard Band Manager may allow a spectrum user, 

pursuant to a written agreement, to delete, move or change the operating 

parameters of any of the user's stations that are covered under the 

Guard Band Manager's license without prior Commission approval, provided 

such stations comply with Commission Rules and coordination 

requirements.

    (c)(1) A Guard Band Manager must file a separate station application 

and obtain all appropriate Commission approvals or authorizations prior 

to construction of stations that--

    (i) Require submission of an Environmental Assessment under Sec. 

1.1307 of this chapter;

    (ii) Require international coordination; or

    (iii) Would affect areas described in Sec. 1.924 of this chapter.

    (2) Prior to construction of a station, a Guard Band Manager must 

register with the Commission any station antenna structure for which 

notification to the Federal Aviation Administration is required by part 

17 of this chapter.

    (3) It is the Guard Band Manager's responsibility to determine 

whether a referral to the Commission is needed for any individual 

station constructed in the Guard Band Manager's license area.

    (d)(1) A Guard Band Manager must notify Commission-recognized public 

safety frequency coordinators for the 700 MHz public safety band and 

adjacent-area Guard Band Managers within one business day after the 

Guard Band Manager has:

    (i) Coordinated a new station or modification of an existing 

station; or

    (ii) Filed an application for an individual station license with the 

Commission.

    (2) The notification required in paragraph (d)(1) of this section 

must include, at a minimum--

    (i) The frequency or frequencies coordinated;

    (ii) Antenna location and height;

    (iii) Type of emission;

    (iv) Effective radiated power;

    (v) A description of the service area, date of coordination, and 

user name or, in the alternative, a description of the type of 

operation.

    (3) In the event a Guard Band Manager partitions its service area or 

disaggregates its spectrum, it is required to submit the notification 

required in paragraph (d)(1) of this section to other Guard Band 

Managers in the same geographic area.

    (4) Entities coordinated by a Guard Band Manager must wait at least 

10 business days after the notification required in paragraph (d)(1) of 

this section before operating under the Guard Band Manager's license;

    (5) If, in the event of harmful interference, the Guard Band Manager 

is unable to resolve the problem by mutually satisfactory arrangements, 

the Commission may impose restrictions on the operations of any of the 

parties involved.

    (e) Where a deletion, move or change authorized under paragraph (b) 

of this section constitutes a discontinuance, reduction, or impairment 

of service under Sec. 27.66 or where discontinuance, reduction or 

impairment of service results from an involuntary act subject to Sec. 

27.66(a), the Guard Band Manager must comply with the notification and 

authorization requirements set forth in that section.



[65 FR 17605, Apr. 4, 2000, as amended at 69 FR 17958, Apr. 6, 2004]