§  27.303   Upper 700 MHz commercial and public safety coordination zone.

   (a) General. CMRS operators are required, prior to commencing
   operations on fixed or base station transmitters on the 776–787 MHz and
   788–793 MHz bands that are located within 500 meters of existing or
   planned public safety base station receivers, to submit a description
   of their proposed facility to a Commission-approved public safety
   coordinator.

   (1) The description must include, at a minimum;

   (i) The frequency or frequencies on which the facility will operate;

   (ii) Antenna location and height;

   (iii) Type of emission;

   (iv) Effective radiated power;

   (v) A description of the area served and the operator's name.

   (2) It is the CMRS operator's responsibility to determine whether
   referral is required for stations constructed in its area of license.
   Public safety base stations are considered “planned” when public safety
   operators have notified, or initiated coordination with, a
   Commission-approved public safety coordinator.

   (b) CMRS operators must wait at least 10 business days after submission
   of the required description before commencing operations on the
   referenced facility, or implementing modifications to an existing
   facility.

   (c) The potential for harmful interference between the CMRS and public
   safety facilities will be evaluated by the public safety coordinator.

   (1) With regard to existing public safety facilities, the coordinator's
   determination to disapprove a proposed CMRS facility (or modification)
   to be located within 500 meters of the public safety facilities will be
   presumed correct, but the CMRS operator may seek Commission review of
   such determinations. Pending Commission review, the CMRS operator will
   not activate the facility or implement proposed modifications.

   (2) With regard to proposed public safety facilities, the coordinator's
   determination to disapprove a proposed CMRS facility (or modification)
   to be located within 500 meters of the public safety facilities will be
   presumed correct, but the CMRS operator may seek Commission review and,
   pending completion of review, operate the facility during construction
   of the public safety facilities. If coordination or Commission review
   has not been completed when the public safety facilities are ready to
   operate, the CMRS operator must cease operations pending completion of
   coordination or Commission review. Such interim operation of the CMRS
   facility within the coordination zone (or implementation of
   modifications) will not be relied on by the Commission in its
   subsequent review and determination of measures necessary to control
   interference, including relocation or modification of the CMRS
   facility.

   (d) If, in the event of harmful interference between facilities located
   within 500 meters proximity, the parties are unable, with the
   involvement of the coordinator, to resolve the problem by mutually
   satisfactory arrangements, the Commission may impose restrictions on
   the operations of any of the parties involved.

   [ 67 FR 49245 , July 30, 2002, as amended at  72 FR 48853 , Aug. 24, 2007]