§ 27.72   Information sharing requirements.

   This section requires WCS licensees in the 2305-2320 MHz and 2345-2360 MHz
   bands to share information regarding the location and operation of base and
   fixed stations (except fixed customer premises equipment) with Satellite
   Digital Audio Radio Service (SDARS) licensees in the 2320-2345 MHz band.
   Section 25.263 of this chapter 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. WCS licensees are encouraged to develop separate coordination
   agreements with SDARS 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. WCS
   licensees must maintain a copy of any coordination agreement with an SDARS
   licensee in their station files and disclose it to prospective assignees,
   transferees, or spectrum lessees and, upon request, to the Commission.

   (a) Sites and frequency selections. WCS licensees must select base and fixed
   station sites and frequencies, to the extent practicable, to minimize the
   possibility of harmful interference to operations in the SDARS 2320-2345 MHz
   band.

   (b) Prior notice periods. WCS licensees that intend to operate a base or
   fixed station must, before commencing such operation, provide 10 business
   days prior notice to all SDARS licensees. WCS licensees that intend to
   modify an existing station must, before commencing such modified operation,
   provide  5  business days prior notice to all SDARS licensees. For the
   purposes of this section, a business day is defined by § 1.4(e)(2) of this
   chapter.

   (1) 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 SDARS licensee that such modifications may
   cause  harmful  interference to SDARS receivers, WCS licensees will be
   required to provide notice 5 business days in advance of additional station
   modifications.

   (2)  WCS  base  and  fixed stations operating below 2 watts equivalent
   isotropically radiated power (EIRP) are exempt from the notice requirements
   set forth in this paragraph.

   (3) WCS and SDARS 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, it must specify relevant
   technical details, including, at a minimum:

   (i) The coordinates of the proposed base or fixed stations 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)  A  WCS licensee operating base or fixed stations must maintain an
   accurate and up-to-date inventory of its stations, including the information
   set forth in § 27.72(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. WCS licensees must cooperate in good faith in the
   selection  and  use of new station sites and new frequencies to reduce
   interference and make the most effective use of the authorized facilities.
   WCS  licensees  should  provide  SDARS  licensees as much lead time as
   practicable to provide ample time to conduct analyses and opportunity for
   prudent base station site selection prior to WCS licensees entering into
   real estate and tower leasing or purchasing agreements. WCS licensees must
   have sufficient operational flexibility in their network design to implement
   one or more technical solutions to remedy harmful interference. Licensees of
   stations suffering or causing harmful interference, as defined in § 27.64(d),
   must  cooperate  in  good  faith and resolve such problems by mutually
   satisfactory  arrangements.  If the licensees are unable to do so, the
   Wireless Telecommunications Bureau, in consultation with the Office of
   Engineering and Technology and the International 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 WCS
   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 45071 , Aug. 2, 2010, as amended at  78 FR 9622 , Feb. 11, 2013]

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