§ 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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