Sec.  22.150   Standard pre-filing technical coordination procedure.

   

   For  operations  on  certain  channels  in the Public Mobile Services,
   carriers  must attempt to coordinate the proposed use of spectrum with
   other  spectrum  users prior to filing an application for authority to
   operate  a  station.  Rules  requiring  this  procedure  for  specific
   channels and types of stations are contained in the subparts governing
   the individual Public Mobile Services.

   (a)  Coordination comprises two steps--notification and response. Each
   step may be accomplished orally or in writing.

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

   (1) Geographical coordinates of the antenna site(s).

   (2) Transmitting and receiving channels to be added or changed.

   (3) Transmitting power, emission type and polarization.

   (4) Transmitting antenna pattern and maximum gain.

   (5) Transmitting antenna height above ground level.

   (c)  Applicants  and  licensees  receiving  notification  must respond
   promptly,  even  if no channel usage conflicts are anticipated. If any
   notified party fails to respond within 30 days, the applicant may file
   the application without a response from that party.

   (d) The 30-day period begins on the date the notification is submitted
   to  the  Commission  via the ULS. If the notification is by mail, this
   date may be ascertained by:

   (1) The return receipt on certified mail,

   (2)  The  enclosure  of  a  card to be dated and returned by the party
   being notified, or

   (3)  A  reasonable estimate of the time required for the mail to reach
   its  destination.  In  this case, the date when the 30-day period will
   expire must be stated in the notification.

   (e)  All  channel  usage  conflicts discovered during the coordination
   process  should be resolved prior to filing of the application. If the
   applicant is unable or unwilling to resolve a particular conflict, the
   application  may  be  accepted  for  filing if it contains a statement
   describing  the  unresolved  conflict  and  a brief explanation of the
   reasons why a resolution was not achieved.

   (f)  If  a number of changes in the technical parameters of a proposed
   facility  become  necessary  during  the  course  of  the coordination
   process,  an attempt should be made to minimize the number of separate
   notifications.  If  the  changes  are  incorporated  into a completely
   revised  notice,  the items that were changed from the previous notice
   should be identified.

   (g)  In  situations  where  subsequent  changes  are  not  numerous or
   complex,  the  party receiving the changed notification should make an
   effort  to  respond  in less than 30 days. If the applicant believes a
   shorter  response  time  is  reasonable  and appropriate, it should so
   indicate in the notice and suggest a response date.

   (h)  If  a subsequent change in the technical parameters of a proposed
   facility could not affect the facilities of one or more of the parties
   that  received  an initial notification, the applicant is not required
   to  coordinate  that change with these parties. However, these parties
   must  be advised of the change and of the opinion that coordination is
   not required.

   [ 59 FR 59507 , Nov. 17, 1994, as amended at  63 FR 68944 , Dec. 14, 1998]