Sec.  27.303   Upper 700 MHz commercial and public safety coordination zone.

   (a) General. CMRS operators are required, prior to commencing operations on
   fixed or base station transmitters on the 777–792 MHz band that are located
   within 500 meters of existing or planned public safety base station
   receivers, to submit a description of their proposed facility to a
   Commission-approved public safety coordinator.

   (1) The description must include, at a minimum;

   (i) The frequency or frequencies on which the facility will operate;

   (ii) Antenna location and height;

   (iii) Type of emission;

   (iv) Effective radiated power;

   (v) A description of the area served and the operator's name.

   (2) It is the CMRS operator's responsibility to determine whether referral
   is required for stations constructed in its area of license. Public safety
   base stations are considered “planned” when public safety operators have
   notified, or initiated coordination with, a Commission-approved public
   safety coordinator.

   (b) CMRS operators must wait at least 10 business days after submission of
   the required description before commencing operations on the referenced
   facility, or implementing modifications to an existing facility.

   (c) The potential for harmful interference between the CMRS and public
   safety facilities will be evaluated by the public safety coordinator.

   (1) With regard to existing public safety facilities, the coordinator's
   determination to disapprove a proposed CMRS facility (or modification) to be
   located within 500 meters of the public safety facilities will be presumed
   correct, but the CMRS operator may seek Commission review of such
   determinations. Pending Commission review, the CMRS operator will not
   activate the facility or implement proposed modifications.

   (2) With regard to proposed public safety facilities, the coordinator's
   determination to disapprove a proposed CMRS facility (or modification) to be
   located within 500 meters of the public safety facilities will be presumed
   correct, but the CMRS operator may seek Commission review and, pending
   completion of review, operate the facility during construction of the public
   safety facilities. If coordination or Commission review has not been
   completed when the public safety facilities are ready to operate, the CMRS
   operator must cease operations pending completion of coordination or
   Commission review. Such interim operation of the CMRS facility within the
   coordination zone (or implementation of modifications) will not be relied on
   by the Commission in its subsequent review and determination of measures
   necessary to control interference, including relocation or modification of
   the CMRS facility.

   (d) If, in the event of harmful interference between facilities located
   within 500 meters proximity, the parties are unable, with the involvement of
   the coordinator, to resolve the problem by mutually satisfactory
   arrangements, the Commission may impose restrictions on the operations of
   any of the parties involved.

   [ 67 FR 49245 , July 30, 2002]