Sec. 101.103  Frequency coordination procedures.

    (a) Assignment of frequencies will be made only in such a manner as 
to facilitate the rendition of communication service on an interference-
free basis in each service area. Unless otherwise indicated, each 
frequency available for use by stations in these services will be 
assigned exclusively to a single applicant in any service area. All 
applicants for, and licensees of, stations in these services must 
cooperate in the selection and use of the frequencies assigned in order 
to minimize interference and thereby obtain the most effective use of 
the authorized facilities. In the event harmful interference occurs or 
appears likely to occur between two or more radio systems and such 
interference cannot be resolved between the licensees thereof, the 
Commission may specify a time sharing arrangement for the stations 
involved or may, after notice and opportunity for hearing, require the 
licensees to make such changes in operating techniques or equipment as 
it

[[Page 644]]

may deem necessary to avoid such interference.
    (b)(1) Operations in the bands 31,000-31,075 MHz and 31,225-31,300 
MHz licensed prior to March 11, 1997, were licensed on an unprotected 
basis and are subject to harmful interference from similarly licensed 
operations in that band.
    (i) Operations licensed in the Local Mulitpoint Distribution Service 
and those operations licensed prior to March 11, 1997, except in the 
Local Television Transmission Service, operating in these bands are 
equally protected against harmful interference from each other.
    (ii) In the case of operations licensed prior to March 11, 1997, 
except in the Local Television Transmission Service, that are licensed 
on a point-to-radius basis, LMDS licensees shall be subject to the 
protection requirement established in this section in the case of 
existing links operated by such licensees, and in the case of links 
added by such licensees in the future in accordance with the terms of 
their point-to-radius licenses.
    (iii) An LMDS licensee may not initiate operations within the point-
to-radius area licensed to an operator (other than an operator in the 
Local Television Transmission Service) prior to March 11, 1997, even if 
such operator has not initiated operations to the fullest extent of the 
license. An LMDS licensee, however, may initiate operations at the 
border of such operator's license area without prior coordination if the 
LMDS licensee's operations would not cause harmful interference to the 
other operator's existing operations.
    (iv) An operator (other than an operator in the Local Television 
Transmission Service) licensed on a point-to-radius basis prior to March 
11, 1997, may add additional stations within its license area. Such 
operator shall coordinate with any affected LMDS licensee if its new 
operations might cause harmful interference to the existing operations 
of such LMDS licensee.
    (v) Operations licensed prior to March 11, 1997, on a point-to-point 
basis may not be extended or otherwise modified through the addition of 
point-to-point links. Such operations shall be limited to the use of 
frequency pairs licensed as of March 11, 1997. Operations licensed in 
the Local Television Transmission Service as of March 11, 1997, may 
continue to operate, but such operators may not expand existing 
operations nor initiate new operations.
    (2) Operations in the 31,075-31,225 MHz band licensed prior to March 
11, 1997, shall receive no protection against harmful interference from 
authorized operations in the Local Multipoint Distribution Service in 
that band.
    (3) Non-LMDS operations in the entire 31,000-31,300 MHz band 
licensed after March 11, 1997, based on applications refiled no later 
than June 26, 1998 are unprotected with respect to each other and 
subject to harmful interference from each other.
    (i) Such operations and any operations licensed prior to March 11, 
1997, in the band are unprotected with respect to each other and subject 
to harmful interference from each other.
    (ii) Such operations are licensed on a secondary basis to LMDS 
operations licensed in the band, may not cause interference to LMDS 
operations, and are not protected from interference from LMDS 
operations.
    (iii) Such operations licensed on a point-to-point basis may not be 
extended or otherwise modified through the addition of point-to-point 
links. Such operations licensed on a point-to-radius basis may add 
additional stations within the licensed area.
    (c) Frequency diversity transmission will not be authorized in these 
services in the absence of a factual showing that the required 
communications cannot practically be achieved by other means. Where 
frequency diversity is deemed to be justified on a protection channel 
basis, it will be limited to one protection channel for the bands 3,700-
4,200, 5925-6425, and 6525-6875 MHz, and a ratio of one protection 
channel for three working channels for the bands 10,550-10,680 and 
10,700-11,700 MHz. In the bands 3,700-4,200, 5,925-6,425, and 6525-6875 
MHz, no frequency diversity protection channel will be authorized unless 
there is a minimum of three working channels, except that where a 
substantial showing is made that a total of three working channels will 
be

[[Page 645]]

required within three years, a protection channel may be authorized 
simultaneously with the first working channel. A protection channel 
authorized under such exception will be subject to termination if 
applications for the third working channel are not filed within three 
years of the grant date of the applications for the first working 
channel. Where equipment employing digital modulation techniques with 
cross-polarized operation on the same frequency is used, the protection 
channel authorized under the above conditions may be considered to 
consist of both polarizations of the protection frequency where such is 
shown to be necessary.
    (d) Frequency coordination. For each frequency authorized under this 
part, 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 
Sec. 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:

    Applicant's name and address.
    Transmitting station name.
    Transmitting station coordinates.
    Frequencies and polarizations to be added, changed or deleted.
    Transmitting equipment type, its stability, actual output power, 
emission designator, and type of modulation (loading).
    Transmitting antenna type(s), model, gain and, if required, a 
radiation pattern provided or certified by the manufacturer.
    Transmitting antenna center line height(s) above ground level and 
ground elevation above mean sea level.
    Receiving station name.
    Receiving station coordinates.
    Receiving antenna type(s), model, gain, and, if required, a 
radiation pattern provided or certified by the manufacturer.
    Receiving antenna center line height(s) above ground level and 
ground elevation above mean sea level.
    Path azimuth and distance.
    Estimated transmitter transmission line loss expressed in dB.

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    Estimated receiver transmission line loss expressed in dB.
    For a system utilizing ATPC, maximum transmit power, coordinated 
transmit power, and nominal transmit power.

    Note: 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 therefor;
    (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

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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.
    (e) Where frequency conflicts arise between co-pending applications 
in the Private Operational Fixed Point-to-Point Microwave, Common 
Carrier Fixed Point-to-Point Microwave and Local Television Transmission 
Services, it is the obligation of the later filing applicant to amend 
his application to remove the conflict, unless it can make a showing 
that the conflict cannot be reasonably eliminated. Where a frequency 
conflict is not resolved and no showing is submitted as to why the 
conflict cannot be resolved, the Commission may grant the first filed 
application and dismiss the later filed application(s) after giving the 
later filing applicant(s) 30 days to respond to the proposed action.
    (f) (1) Coordination and information sharing between MVDDS and NGSO 
FSS licensees in the 12.2 GHz to 12.7 GHz band. Prior to the 
construction or addition of an MVDDS transmitting antenna in this 
frequency band, the MVDDS licensee shall provide notice of intent to 
construct the proposed antenna site to NGSO FSS licensees operating in 
the 12.2-12.7 GHz frequency band and maintain an Internet web site of 
all existing transmitting sites and transmitting antennas that are 
scheduled for operation within one year including the ``in service'' 
dates. In addition to the location of a proposed new transmitting 
antenna, MVDDS licensees shall provide to the NGSO FSS licensees a 
technical description of the operating characteristics of the proposed 
transmission facility. At a minimum, the following information must be 
included in each notification:
    (i) Name of MVDDS licensee;
    (ii) Geographic location (including NAD83 coordinates) of proposed 
MVDDS transmitting antenna;
    (iii) Maximum EIRP per 24 MHz;
    (iv) Height above average terrain of the transmitting antenna;
    (v) Type of antenna to be utilized;
    (vi) Main beam azimuth and altitude orientation for the proposed 
transmitting antenna;
    (vii) Theoretically modeled antenna radiation pattern;
    (viii) Type(s) of emissions, and;
    (ix) Description of the proposed service area.
    (2) If the proposed MVDDS antenna site does not meet the minimum 
spacing requirements on the date of original notification or on 
subsequent annual anniversary dates of non-operation as set forth in 
Sec. 101.129, then the MVDDS licensee shall not construct the proposed 
transmission facility unless all NGSO FSS licensees having active 
subscribers within the minimum separation distance agree to a shorter 
spacing. Nothing in this section shall preclude MVDDS and NGSO FSS 
licensees from agreeing to accept the siting of new MVDDS transmitting 
antennas that do no meet the minimum distance set forth in Sec. 
101.129. Incumbent point-to-point licensees' (those not licensed as 
MVDDS) facilities are to be operated in the band 12,200-12,700 MHz 
following the procedures, technical standards, and requirements of Sec. 
101.105 in order to protect stations providing Direct Broadcast 
Satellite Service.
    (g) Licensees operating in Basic Trading Areas authorized in the 
Local Multipoint Distribution Service. (1) When the transmitting 
facilities in a Basic Trading Area (BTA) are to be operated in the bands 
27,500-28,350 MHz; 29,100-29,250 MHz; and 31,000-31,300 MHz and the 
facilities are located within 20 kilometers of the boundaries of a BTA, 
each licensee must complete the frequency coordination process of 
paragraph (d)(2) of this section with respect to neighboring BTA 
licensees that may be affected by its operations prior to initiating 
service. In addition, all licensed transmitting facilities operating in 
the bands 31,000-31,075 MHz and 31,225-31,300 MHz and located within 20 
kilometers of neighboring facilities

[[Page 648]]

must complete the frequency coordination process of paragraph (d)(2) of 
this section with respect to such authorized operations before 
initiating service.
    (2) 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, either 
electronically or in writing, within the 30-day notification period. 
Every reasonable effort should be made by all licensees to eliminate all 
problems and conflicts. If no response to notification is received 
within 30 days, the licensee will be deemed to have made reasonable 
efforts to coordinate and commence operation without a response. The 
beginning of the 30-day period is determined pursuant to paragraph 
(d)(2)(v) of this section.
    (h) Special requirements for operations in the band 29,100-29,250 
MHz. (1)(i) Local Multipoint Distribution Service (LMDS) receive 
stations operating on frequencies in the 29,100-29,250 MHz band within a 
radius of 75 nautical miles of the geographic coordinates provided by a 
non-GSO-MSS licensee pursuant to Sec. 101.113(c)(2) or (c)(3)(i) (the 
``feeder link earth station complex protection zone'') shall accept any 
interference caused to them by such earth station complexes and shall 
not claim protection from such earth station complexes.
    (ii) LMDS licensees operating on frequencies in the 29,100-29,250 
MHz band outside a feeder link earth station complex protection zone 
shall cooperate fully and make reasonable efforts to resolve technical 
problems with the non-GSO MSS licensee to the extent that transmissions 
from the non-GSO MSS operator's feeder link earth station complex 
interfere with an LMDS receive station.
    (2) No more than 15 days after the release of a public notice 
announcing the commencement of LMDS auctions, feeder link earth station 
complexes to be licensed pursuant to Sec. 25.257 of this chapter shall 
be specified by a set of geographic coordinates in accordance with the 
following requirements: no feeder link earth station complex may be 
located in the top eight (8) metropolitan statistical areas (MSAs), 
ranked by population, as defined by the Office of Management and Budget 
as of June 1993, using estimated populations as of December 1992; two 
(2) complexes may be located in MSAs 9 through 25, one of which must be 
Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be 
located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51 
to 100, one of which must be Honolulu, Hawaii (for a complex at Waimea); 
and the three (3) remaining complexes must be located at least 75 
nautical miles from the borders of the 100 largest MSAs or in any MSA 
not included in the 100 largest MSAs. Any location allotted for one 
range of MSAs may be taken from an MSA below that range.
    (3)(i) Any non-GSO MSS licensee may at any time specify sets of 
geographic coordinates for feeder link earth station complexes with each 
earth station contained therein to be located at least 75 nautical miles 
from the border of the 100 largest MSAs.
    (ii) For purposes of paragraph (h)(3)(i) of this section, non-GSO 
MSS feeder link earth station complexes shall be entitled to 
accommodation only if the affected non-GSO MSS licensee preapplies to 
the Commission for a feeder link earth station complex or certifies to 
the Commission within sixty days of receiving a copy of an LMDS 
application that it intends to file an application for a feeder link 
earth station complex within six months of the date of receipt of the 
LMDS application.
    (iii) If said non-GSO MSS licensee application is filed later than 
six months after certification of the Commission, the LMDS and non-GSO 
MSS entities shall still cooperate fully and make reasonable efforts to 
resolve technical problems, but the LMDS licensee shall not be obligated 
to re-engineer its proposal or make changes to its system.
    (4) LMDS licensees or applicants proposing to operate hub stations 
on frequencies in the 29,100-29,250 MHz band at locations outside of the 
100 largest MSAs or within a distance of 150 nautical miles from a set 
of geographic coordinates specified under paragraphs (h)(2) or (h)(3)(i) 
of this section shall serve copies of their applications on all

[[Page 649]]

non-GSO MSS applicants, permittees or licensees meeting the criteria 
specified in Sec. 25.257(a). Non-GSO MSS licensees or applicants shall 
serve copies of their feeder link earth station applications, after the 
LMDS auction, on any LMDS applicant or licensee within a distance of 150 
nautical miles from the geographic coordinates that it specified under 
Sec. 101.113(c)(2) or (c)(3)(i). Any necessary coordination shall 
commence upon notification by the party receiving an application to the 
party who filed the application. The results of any such coordination 
shall be reported to the Commission within sixty days. The non-GSO MSS 
earth station licensee shall also provide all such LMDS licensees with a 
copy of its channel plan.
    (i)(1) When the licensed facilities are to be operated in the band 
38,600 MHz to 40,000 MHz and the facilities are located within 16 
kilometers of the boundaries of an Economic Area, each licensee must 
complete the frequency coordination process of subsection 101.103(d) 
with respect to neighboring EA licensees and existing licensees within 
its EA service area that may be affected by its operation prior to 
initiating service. In addition to the technical parameters listed in 
subsection 101.103(d), the coordinating licensee must also provide 
potentially affected parties technical information related to its 
subchannelization plan and system geometry.
    (2) 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 licensee, either 
electronically or in writing, within 10 days of notification. Every 
reasonable effort should be made by all licensees to eliminate all 
problems and conflicts. If no response to notification is received 
within 10 days, the licensee will be deemed to have made reasonable 
efforts to coordinate and may commence operation without a response. The 
beginning of the 10-day period is determined pursuant to Sec. 
101.103(d)(v).

[61 2004 FR 26677 , May 28, 1996, as amended at  62 FR 23165 , Apr. 29, 1997;  63 FR 6105 , Feb. 6, 1998;  63 FR 9448 , Feb. 25, 1998;  63 FR 14039 , Mar. 24, 
1998;  63 FR 68983 , Dec. 14, 1998;  64 FR 45893 , Aug. 23, 1999;  65 FR 38328 , June 20, 2000;  67 FR 43037 , June 26, 2002]