§ 5.85   Frequencies and policy governing frequency assignment.

   (a)(1)  Stations  operating  in  the Experimental Radio Service may be
   authorized to use any Federal or non-Federal frequency designated in the
   Table of Frequency Allocations set forth in part 2 of this chapter, provided
   that  the  need  for the frequency requested is fully justified by the
   applicant.  Stations  authorized under Subparts E and F are subject to
   additional restrictions.

   (2)  Applications  to  use any frequency or frequency band exclusively
   allocated to the passive services (including the radio astronomy service)
   must  include  an explicit justification of why nearby bands that have
   non-passive  allocations  are  not  adequate  for the experiment. Such
   applications must also state that the applicant acknowledges that long term
   or multiple location use of passive bands is not possible and that the
   applicant intends to transition any long-term use to a band with appropriate
   allocations.

   (b)  Frequency  or  frequency  bands  are  assigned to stations in the
   Experimental Radio Service on a shared basis and are not assigned for the
   exclusive use of any one licensee. Frequency assignments may be restricted
   to specified geographical areas.

   (c) Broadcast experimental radio stations. (1) The applicant shall select
   frequencies best suited to the purpose of the experimentation and on which
   there appears to be the least likelihood of interference to established
   stations.

   (2) Except as indicated only frequencies allocated to broadcasting service
   are assigned. If an experiment cannot be feasibly conducted on frequencies
   allocated  to  a  broadcasting service, an experimental station may be
   authorized to operate on other frequencies upon a satisfactory showing of
   the  need  therefore  and a showing that the proposed operation can be
   conducted without causing harmful interference to established services.

   (d)  Use  of  Public Safety Frequencies. (1) Conventional experimental
   licenses. Applicants in the Experimental Radio Service shall avoid use of
   public safety frequencies identified in part 90 of this chapter except when
   a compelling showing is made that use of such frequencies is in the public
   interest. If an experimental license to use public safety radio frequencies
   is  granted,  the authorization will include a condition requiring the
   experimental licensee to coordinate the operation with the appropriate
   frequency  coordinator or all of the public safety licensees using the
   frequencies in question in the experimenter's proposed area of operation.

   (2) Program experimental licenses. A program licensee shall plan a program
   of experimentation that avoids use of public safety frequencies, and may
   only operate on such frequencies when it can make a compelling showing that
   use of such frequencies is in the public interest. A licensee planning to
   operate on public safety frequencies must incorporate its public interest
   showing into the narrative statement it prepares under § 5.309(a)(1), and
   must  coordinate,  prior  to operating, with the appropriate frequency
   coordinator  or all of the public safety licensees that operate on the
   frequencies in question in the program experimental licensee's proposed area
   of operation

   (e)  The Commission may, at its discretion, condition any experimental
   license or STA on the requirement that before commencing operation, the new
   licensee coordinate its proposed facility with other licensees that may
   receive interference as a result of the new licensee's operations.

   (f)  Protection of FCC monitoring stations. (1) Applicants may need to
   protect  FCC  monitoring  stations from interference and their station
   authorization may be conditioned accordingly. Geographical coordinates of
   such stations are listed in § 0.121(b) of this chapter.

   (2) In the event that calculated value of expected field strength exceeds a
   direct  wave fundamental field strength of greater than 10 mV/m in the
   authorized bandwidth of service (−65.8 dBW/m2 power flux density assuming a
   free  space  characteristic  impedance  of 120π ohms) at the reference
   coordinates, or if there is any question whether field strength levels might
   exceed the threshold value, the applicant should call the FCC, telephone
   1-888-225-5322 (1-888-CALL FCC).

   (3) Coordination is suggested particularly for those applicants who have no
   reliable  data that indicates whether the field strength or power flux
   density  figure indicated in paragraph (f)(2) of this section would be
   exceeded by their proposed radio facilities (except mobile stations). The
   following is a suggested guide for determining whether coordination is
   needed:

   (i) All stations within 2.4 kilometers (1.5 statute miles);

   (ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts or more
   average ERP in the primary plane of polarization in the azimuthal direction
   of the Monitoring Station;

   (iii) Stations within 16 kilometers (10 statute miles) with 1 kW or more
   average ERP in the primary plane of polarization in the azimuthal direction
   of the Monitoring Station;

   (iv) Stations within 80 kilometers (50 statute miles) with 25 kW or more
   average ERP in the primary plane of polarization in the azimuthal direction
   of the Monitoring Station.

   (4)  Advance  coordination  for  stations  operating above 1000 MHz is
   recommended  only  where  the proposed station is in the vicinity of a
   monitoring  station  designated  as a satellite monitoring facility in
   § 0.121(b) of this chapter and also meets the criteria outlined in paragraphs
   (f)(2) and (3) of this section.

   [ 78 FR 25162 , Apr. 29, 2013, as amended at  80 FR 52414 , Aug. 31, 2015]

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