§  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 Wireless
   Communications Service (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 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.

   (3) For modifications other than changes in location, a licensee may
   provide notice within 24 hours after the modified operation if the
   modification does not result in a predicted increase of the power flux
   density (PFD) at ground level by more than 1 dB since the last advance
   notice was given. If a demonstration is made by the WCS licensee that
   such modifications may cause harmful interference to WCS receivers,
   SDARS licensees will be required to provide notice 5 business days in
   advance of additional repeater modifications.

   (4) SDARS repeaters operating below 2 watts equivalent isotropically
   radiated power (EIRP) are exempt from the notice requirements set forth
   in this paragraph.

   (5) SDARS licensees are encouraged to develop separate coordination
   agreements with WCS licensees to facilitate efficient deployment of and
   coexistence between each service. To the extent the provisions of any
   such coordination agreement conflict with the requirements set forth
   herein, the procedures established under a coordination agreement will
   control. SDARS licensees must maintain a copy of any coordination
   agreement with a WCS license in their station files and disclose it to
   prospective assignees, transferees, or spectrum lessees and, upon
   request, to the Commission.

   (6) SDARS and WCS licensees may enter into agreements regarding
   alternative notification procedures.

   (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. SDARS
   licensees should provide WCS licensees as much lead time as practicable
   to provide ample time to conduct analyses and opportunity for prudent
   repeater site selection prior to SDARS licensees entering into real
   estate and tower leasing or purchasing agreements. 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, will consider the actions
   taken by the parties to mitigate the risk of and remedy any alleged
   interference. In determining the appropriate action, the Bureau will
   take into account the nature and extent of the interference and act
   promptly to remedy the interference. The Bureau may impose restrictions
   on SDARS licensees, including specifying the transmitter power, antenna
   height, or other technical or operational measures to remedy the
   interference, and will take into account previous measures by the
   licensees to mitigate the risk of interference.

   [ 75 FR 45069 , Aug. 2, 2010, as amended at  78 FR 9619 , Feb. 11, 2013]

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