Sec.  15.307   Coordination with fixed microwave service.

   

   (a) UTAM, Inc. is designated to coordinate and manage the transition
   of the 1910-1930 MHz band from the Private Operational-Fixed Microwave
   Service (OFS) operating under part 101 of this chapter to unlicensed
   PCS operations,

   (b) Each application for certification of equipment operating under
   the provisions of this subpart must be accompanied by an affidavit
   from UTAM, Inc. certifying that the applicant is a participating
   member of UTAM, Inc. In the event a grantee fails to fulfill the
   obligations attendant to participation in UTAM, Inc., the Commission
   may invoke administrative sanctions as necessary to preclude continued
   marketing and installation of devices covered by the grant of
   certification, including but not limited to revoking certification.

   (c) An application for certification of a PCS device that is deemed by
   UTAM, Inc. to be noncoordinatable will not be accepted until the
   Commission announces that a need for coordination no longer exists.

   (d) A coordinatable PCS device is required to incorporate means that
   ensure that it cannot be activated until its location has been
   coordinated by UTAM, Inc. The application for certification shall
   contain an explanation of all measures taken to prevent unauthorized
   operation. This explanation shall include all procedural safeguards,
   such as the mandatory use of licensed technicians to install the
   equipment, and a complete description of all technical features
   controlling activation of the device.

   (e) A coordinatable PCS device shall incorporate an automatic
   mechanism for disabling operation in the event it is moved outside the
   geographic area where its operation has been coordinated by UTAM, Inc.
   The application for certification shall contain a full description of
   the safeguards against unauthorized relocation and must satisfy the
   Commission that the safeguards cannot be easily defeated.

   (f) At such time as the Commission deems that the need for
   coordination between unlicensed PCS operations and existing Part 101
   Private Operational-Fixed Microwave Services ceases to exist, the
   disabling mechanism required by paragraph (e) of this section will no
   longer be required.

   (g) Operations under the provisions of this subpart are required to
   protect systems in the Private Operational-Fixed Microwave Service
   operating within the 1850-1990 MHz band until the dates and conditions
   specified in Sec. Sec. 101.69 through 101.73 of this chapter for termination
   of primary status. Interference protection is not required for part
   101 stations in this band licensed on a secondary basis.

   (h) The operator of a PCS device that is relocated from the
   coordinated area specified by UTAM, Inc., must cease operating the
   device until coordination for the new location is verified by UTAM,
   Inc.

   [ 58 FR 59180 , Nov. 8, 1993, as amended at  59 FR 32852 , June 24, 1994;
    60 FR 27425 , May 24, 1995;  61 FR 29689 , June 12, 1996]