§  25.263   Information sharing requirements for SDARS terrestrial repeater
operators.

   This section requires SDARS licensees in the 2320-2345 MHz band to
   share information regarding the location and operation of terrestrial
   repeaters with WCS licensees in the 2305-2320 MHz and 2345-2360 MHz
   bands. Section 27.72 of this chapter requires WCS licensees to share
   information regarding the location and operation of base stations in
   the 2305-2320 MHz and 2345-2360 MHz bands with SDARS licensees in the
   2320-2345 MHz band.

   (a) SDARS licensees must select terrestrial repeater sites and
   frequencies, to the extent practicable, to minimize the possibility of
   harmful interference to WCS base station operations in the 2305-2320
   MHz and 2345-2360 MHz bands.

   (b) Notice requirements. SDARS licensees that intend to operate a new
   terrestrial repeater must, before commencing such operation, provide 10
   business days prior notice to all potentially affected WCS licensees.
   SDARS licensees that intend to modify an existing repeater must, before
   commencing such modified operation, provide 5 business days prior
   notice to all potentially affected WCS licensees.

   (1) For purposes of this section, a "potentially affected WCS licensee"
   is a WCS licensee that:

   (i) Is authorized to operate a base station in the 2305-2315 MHz or
   2350-2360 MHz bands in the same Major Economic Area (MEA) as that in
   which the terrestrial repeater is to be located;

   (ii) Is authorized to operate a base station in the 2315-2320 MHz or
   2345-2350 MHz bands in the same Regional Economic Area Grouping (REAG)
   as that in which the terrestrial repeater is to be located.

   (iii) In addition to the WCS licensees identified in paragraphs
   (b)(1)(i) and (ii) of this section, in cases in which the SDARS
   licensee plans to deploy or modify a terrestrial repeater within 5
   kilometers of the boundary of an MEA or REAG in which the terrestrial
   repeater is to be located, a potentially affected WCS licensee is one
   that is authorized to operate a WCS base station in that neighboring
   MEA or REAG within 5 kilometers of the location of the terrestrial
   repeater.

   (2) For the purposes of this section, a business day is defined by
   § 1.4(e)(2) of this chapter.

   (c) Contents of notice. (1) Notification must be written ( e.g.,
   certified letter, fax, or e-mail) and include the licensee's name, and
   the name, address, and telephone number of its coordination
   representative, unless the SDARS licensee and all potentially affected
   WCS licensees reach a mutual agreement to provide notification by some
   other means. WCS licensees and SDARS licensees may establish such a
   mutually agreeable alternative notification mechanism without prior
   Commission approval, provided that they comply with all other
   requirements of this section.

   (2) Regardless of the notification method, notification must specify
   relevant technical details, including, at a minimum:

   (i) The coordinates of the proposed repeater to an accuracy of no less
   than +- 1 second latitude and longitude;

   (ii) The proposed operating power(s), frequency band(s), and
   emission(s);

   (iii) The antenna center height above ground and ground elevation above
   mean sea level, both to an accuracy of no less than +-1 meter;

   (iv) The antenna gain pattern(s) in the azimuth and elevation planes
   that include the peak of the main beam; and

   (v) The antenna downtilt angle(s).

   (3) An SDARS licensee operating terrestrial repeaters must maintain an
   accurate and up-to-date inventory of its terrestrial repeaters
   operating above 2 watts average EIRP, including the information set
   forth in § 25.263(c)(2), which shall be available upon request by the
   Commission.

   (d) Calculation of Notice Period. Notice periods are calculated from
   the date of receipt by the licensee being notified. If notification is
   by mail, the date of receipt is evidenced by the return receipt on
   certified mail. If notification is by fax, the date of receipt is
   evidenced by the notifying party's fax transmission confirmation log.
   If notification is by e-mail, the date of receipt is evidenced by a
   return e-mail receipt. If the SDARS licensee and all potentially
   affected WCS licensees reach a mutual agreement to provide notification
   by some other means, that agreement must specify the method for
   determining the beginning of the notice period.

   (e) Duty to cooperate. SDARS licensees must cooperate in good faith in
   the selection and use of new repeater sites to reduce interference and
   make the most effective use of the authorized facilities. Licensees of
   stations suffering or causing harmful interference must cooperate in
   good faith and resolve such problems by mutually satisfactory
   arrangements. If the licensees are unable to do so, the International
   Bureau, in consultation with the Office of Engineering and Technology
   and the Wireless Telecommunications Bureau, may impose restrictions on
   SDARS licensees, including specifying the transmitter power, antenna
   height, or area or hours of operation of the stations.

   [ 75 FR 45069 , Aug. 2, 2010]