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 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

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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.
    (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 an 
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 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 coordinated 
proposals, applicants,

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permittees, and licensees 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.

    Note: The position location of antenna sites shall be determined to 
an accuracy of no less than &177;1 second in the horizontal 
dimensions (latitude and longitude) and &177;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 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

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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) When the proposed facilities are to be operated in the band 
12,500-12,700 MHz, applications must also follow the procedures in 
Sec. 101.21 and the technical standards and requirements of part 25 of 
this chapter as regards licensees in the Communication-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

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

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