Sec.  5.85   Frequencies and policy governing their assignment.

   (a) Stations operating in the Experimental Radio Service may be authorized
   to use any government or non-government frequency designated in the Table of
   Frequency Allocations set forth in part 2 of this chapter, provided that the
   need for the frequency requested is fully justified by the applicant.

   (b)  Each frequency or band of frequencies available for assignment to
   stations in the Experimental Radio Service is available on a shared basis
   only, and will not be assigned for the exclusive use of any one applicant,
   and such use may also be restricted to one or more specified geographical
   areas. Not more than one frequency in a band of frequencies will normally be
   assigned  for  the  use of a single applicant unless a showing is made
   demonstrating that need for the assignment of additional frequencies is
   essential to the proposed program of experimentation.

   (c) Frequency assignments will be made only on the condition that harmful
   interference will not be caused to any station operating in accordance with
   the Table of Frequency Allocation of part 2 of this chapter.

   (d) Use of Public Safety Frequencies. Applicants in the Experimental Radio
   Service must avoid use of public safety frequencies except when a compelling
   showing can be made that use of such frequencies is in the public interest.
   Public safety frequencies are identified in subpart B (Public Safety Radio
   Services) and subpart C (Special Emergency Radio Service) of part 90 of this
   Chapter. In addition, subpart S of part 90 of this chapter contains rules
   for the assignment of frequencies that may be used by Public Safety Radio
   Services  in the 806–824 MHz and 851–869 MHz bands. If an experimental
   license to use public safety radio frequencies is granted, the authorization
   will  be  conditioned to require coordination between the experimental
   licensee and the appropriate frequency coordinator and/or all of the public
   safety licensees in its intended area of operation.

   (e)  The Commission may, at its discretion, condition any experimental
   license or STA on the requirement that before commencing operation, the new
   licensee coordinate its proposed facility with other licensees that may
   receive interference as a result of the new licensee's operations.

   (f) Protection of FCC monitoring stations. (1) Applicants are advised to
   give consideration, prior to filing applications, to the need to protect FCC
   monitoring stations from harmful interference. Geographical coordinates of
   such stations are listed in  Sec. 0.121(b) of this chapter. Applications for
   stations (except mobile stations) that will produce on any frequency a
   direct  wave fundamental field strength of greater than 10 mV/m in the
   authorized bandwidth of service (–65.8 dBW/m^2 power flux density assuming a
   free  space  characteristic  impedance of 120π ohms) at the referenced
   coordinates,  may  be  examined  to  determine  the extent of possible
   interference. Depending on the theoretical field strength value or other
   ambient radio field signal levels at the indicated coordinates, a clause
   protecting the monitoring station may be added to the station authorization.

   (2) In the event that calculated value of expected field strength exceeds 10
   mV/m  (–65.8 dBW/m^2) at the reference coordinates, or if there is any
   question whether field strength levels might exceed the threshold value,
   advance consultation with the FCC to discuss any protection necessary should
   be considered. Prospective applicants may communicate with the Technology
   Division, Compliance and Information Bureau, telephone (202) 418–1210,
   Federal Communications Commission, Washington, DC 20554.

   (3) Advance consultation is suggested particularly for those applicants who
   have no reliable data that indicates whether the field strength or power
   flux density figure indicated would be exceeded by their proposed radio
   facilities (except mobile stations). In such instances, the following is a
   suggested guide for determining whether an applicant should coordinate:

   (i) All stations within 2.4 kilometers (1.5 statute miles);

   (ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts or more
   average ERP in the primary plane of polarization in the azimuthal direction
   of the Monitoring Station;

   (iii) Stations within 16 kilometers (10 statute miles) with 1 kW or more
   average ERP in the primary plane of polarization in the azimuthal direction
   of the Monitoring Station;

   (iv) Stations within 80 kilometers (50 statute miles) with 25 kW or more
   average ERP in the primary plane of polarization in the azimuthal direction
   of the Monitoring Station.

   (4)  Advance  coordination  for  stations  operating above 1000 MHz is
   recommended  only  where  the proposed station is in the vicinity of a
   monitoring  station  designated  as a satellite monitoring facility in
    Sec. 0.121(c) of this Chapter and also meets the criteria outlined in paragraphs
   (d) (2) and (3) of this section.

   (5) The Commission will not screen applications to determine whether advance
   consultation has taken place. However, applicants are advised that such
   consultation can avoid objections from the Commission.