§ 78.36   Frequency coordination.

   (a) Coordination of all frequency assignments for fixed stations in all
   bands above 2110 MHz, and for mobile (temporary fixed) stations in the bands
   6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with the procedure
   established  in  paragraph  (b) of this section, except that the prior
   coordination  process  for mobile (temporary fixed) assignments may be
   completed orally and the period allowed for response to a coordination
   notification may be less than 30 days if the parties agree. Coordination of
   all frequency assignments for all mobile (temporary fixed) stations in all
   bands above 2110 MHz, except the bands 6425-6525 MHz and 17.7-19.7 GHz, will
   be conducted in accordance with the procedure established in paragraph (b)
   of this section or with the procedure in paragraph (d) of this section.
   Coordination of all frequency assignments for all fixed stations in the band
   1990-2110  MHz will be in accordance with the procedure established in
   paragraph (c) of this section. Coordination of all frequency assignments for
   all mobile (temporary fixed) stations in the band 1990-2110 MHz will be
   conducted in accordance with the procedure in paragraph (d) of this section.

   (b)  For  each frequency coordinated under this part, the interference
   protection criteria in 47 CFR 101.105(a), (b), and (c) and the following
   frequency usage coordination procedures will apply:

   (1) General requirements. Proposed frequency usage must be prior coordinated
   with existing licensees, permittees, and applicants in the area, and other
   applicants with previously filed applications, whose facilities could affect
   or be affected by the new proposal in terms of frequency interference on
   active channels, applied-for channels, or channels coordinated for future
   growth. Coordination must be completed prior to filing an application for
   regular authorization, or a major amendment to a pending application, or any
   major  modification to a license. In coordinating frequency usage with
   stations in the fixed satellite service, applicants must also comply with
   the  requirements  of  47  CFR  101.21(f).  In engineering a system or
   modification  thereto,  the applicant must, by appropriate studies and
   analyses, select sites, transmitters, antennas and frequencies that will
   avoid interference in excess of permissible levels to other users. All
   applicants and licensees must cooperate fully and make reasonable efforts to
   resolve technical problems and conflicts that may inhibit the most effective
   and  efficient  use  of  the  radio spectrum; however, the party being
   coordinated  with is not obligated to suggest changes or re-engineer a
   proposal  in  cases  involving conflicts. Applicants should make every
   reasonable  effort  to  avoid  blocking the growth of systems as prior
   coordinated. The applicant must identify in the application all entities
   with  which  the technical proposal was coordinated. In the event that
   technical problems are not resolved, an explanation must be submitted with
   the application. Where technical problems are resolved by an agreement or
   operating  arrangement  between the parties that would require special
   procedures be taken to reduce the likelihood of interference in excess of
   permissible levels (such as the use of artificial site shielding) or would
   result in a reduction of quality or capacity of either system, the details
   thereof may be contained in the application.

   (2) Coordination procedure guidelines are as follows:

   (i) Coordination involves two separate elements: Notification and response.
   Both or either may be oral or in written form. To be acceptable for filing,
   all  applications  and  major  technical  amendments must certify that
   coordination, including response, has been completed. The names of the
   licensees,  permittees  and  applicants  with  which  coordination was
   accomplished must be specified. If such notice and/or response is oral, the
   party providing such notice or response must supply written documentation of
   the communication upon request;

   (ii) Notification must include relevant technical details of the proposal.
   At minimum, this should include, as applicable, the following:

   (A) Applicant's name and address,

   (B) Transmitting station name,

   (C) Transmitting station coordinates,

   (D) Frequencies and polarizations to be added, changed or deleted,

   (E)  Transmitting  equipment type, its stability, actual output power,
   emission designator, and type of modulation (loading),

   (F) Transmitting antenna type(s), model, gain and, if required, a radiation
   pattern provided or certified by the manufacturer,

   (G) Transmitting antenna center line height(s) above ground level and ground
   elevation above mean sea level,

   (H) Receiving station name,

   (I) Receiving station coordinates,

   (J) Receiving antenna type(s), model, gain, and, if required, a radiation
   pattern provided or certified by the manufacturer,

   (K) Receiving antenna center line height(s) above ground level and ground
   elevation above mean sea level,

   (L) Path azimuth and distance,

   (M) Estimated transmitter transmission line loss expressed in dB,

   (N) Estimated receiver transmission line loss expressed in dB,

   (O)  For  a system utilizing ATPC, maximum transmit power, coordinated
   transmit power, and nominal transmit power.

   Note to paragraph (b)(2)(ii): The position location of antenna sites shall
   be determined to an accuracy of no less than ±1 second in the horizontal
   dimensions (latitude and longitude) and ±1 meter in the vertical dimension
   (ground elevation) with respect to the National Spacial Reference System.

   (iii)  For  transmitters  employing digital modulation techniques, the
   notification should clearly identify the type of modulation. Upon request,
   additional details of the operating characteristics of the equipment must
   also be furnished;

   (iv) Response to notification should be made as quickly as possible, even if
   no  technical  problems  are anticipated. Any response to notification
   indicating potential interference must specify the technical details and
   must  be  provided  to  the  applicant,  in writing, within the 30-day
   notification  period.  Every  reasonable  effort should be made by all
   applicants,  permittees  and  licensees  to eliminate all problems and
   conflicts. If no response to notification is received within 30 days, the
   applicant will be deemed to have made reasonable efforts to coordinate and
   may file its application without a response;

   (v) The 30-day notification period is calculated from the date of receipt by
   the applicant, permittee, or licensee being notified. If notification is by
   mail, this date may be ascertained by:

   (A) The return receipt on certified mail;

   (B) The enclosure of a card to be dated and returned by the recipient; or

   (C) A conservative estimate of the time required for the mail to reach its
   destination. In the last case, the estimated date when the 30-day period
   would expire should be stated in the notification.

   (vi) An expedited prior coordination period (less than 30 days) may be
   requested when deemed necessary by a notifying party. The coordination
   notice should be identified as “expedited” and the requested response date
   should be clearly indicated. However, circumstances preventing a timely
   response from the receiving party should be accommodated accordingly. It is
   the responsibility of the notifying party to receive written concurrence (or
   verbal, with written to follow) from affected parties or their coordination
   representatives.

   (vii) All technical problems that come to light during coordination must be
   resolved unless a statement is included with the application to the effect
   that  the applicant is unable or unwilling to resolve the conflict and
   briefly the reason therefore;

   (viii) Where a number of technical changes become necessary for a system
   during the course of coordination, an attempt should be made to minimize the
   number of separate notifications for these changes. Where the changes are
   incorporated into a completely revised notice, the items that were changed
   from the previous notice should be identified. When changes are not numerous
   or complex, the party receiving the changed notification should make an
   effort to respond in less than 30 days. When the notifying party believes a
   shorter response time is reasonable and appropriate, it may be helpful for
   that party to so indicate in the notice and perhaps suggest a response date;

   (ix) If, after coordination is successfully completed, it is determined that
   a subsequent change could have no impact on some parties receiving the
   original notification, these parties must be notified of the change and of
   the coordinator's opinion that no response is required;

   (x)  Applicants,  permittees  and licensees should supply to all other
   applicants, permittees and licensees within their areas of operations, the
   name, address and telephone number of their coordination representatives.
   Upon request from coordinating applicants, permittees and licensees, data
   and information concerning existing or proposed facilities and future growth
   plans in the area of interest should be furnished unless such request is
   unreasonable or would impose a significant burden in compilation;

   (xi) Parties should keep other parties with whom they are coordinating
   advised  of changes in plans for facilities previously coordinated. If
   applications have not been filed 6 months after coordination was initiated,
   parties may assume that such frequency use is no longer desired unless a
   second notification has been received within 10 days of the end of the 6
   month  period.  Renewal notifications are to be sent to all originally
   notified parties, even if coordination has not been successfully completed
   with those parties; and

   (xii) Any frequency reserved by a licensee for future use in the bands
   subject  to  this  part  must be released for use by another licensee,
   permittee, or applicant upon a showing by the latter that it requires an
   additional frequency and cannot coordinate one that is not reserved for
   future use.

   (c) For each frequency coordinated under this part, the following frequency
   usage coordination procedures will apply:

   (1) General requirements. Applicants are responsible for selecting the
   frequency assignments that are least likely to result in mutual interference
   with  other  licensees  in the same area. Applicants may consult local
   frequency coordination committees, where they exist, for information on
   frequencies  available  in  the area. Proposed frequency usage must be
   coordinated  with  existing licensees and applicants in the area whose
   facilities could affect or be affected by the new proposal in terms of
   frequency interference on active channels, applied-for channels, or channels
   coordinated for future growth. Coordination must be completed prior to
   filing an application for regular authorization, for major amendment to a
   pending application, or for major modification to a license.

   (2) To be acceptable for filing, all applications for regular authorization,
   or major amendment to a pending application, or major modification to a
   license, must include a certification attesting that all co-channel and
   adjacent-channel  licensees and applicants potentially affected by the
   proposed fixed use of the frequency(ies) have been notified and are in
   agreement that the proposed facilities can be installed without causing
   harmful interference to those other licensees and applicants.

   (d)  For  each  frequency  coordinated under this part, applicants are
   responsible for selecting the frequency assignments that are least likely to
   result  in  mutual interference with other licensees in the same area.
   Applicants may consult local frequency coordination committees, where they
   exist, for information on frequencies available in the area. In selecting
   frequencies, consideration should be given to the relative location of
   receive  points,  normal  transmission  paths,  and  the nature of the
   contemplated operation.

   [ 68 FR 12774 , Mar. 17, 2003, as amended at  75 FR 17061 , Apr. 5, 2010]

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