47 C.F.R. § 101.1523

Current through September 30, 2024
Section 101.1523 - [Effective on an indefinitely delayed date ] Sharing and coordination among non-government licensees and between non-government and government services
(a) Each individual point-to-point link must be registered in a third-party database. Registration of aeronautical ground stations, maritime shore stations, and aerostats for operation of aeronautical or maritime links to end points in motion in the 71-76 GHz and 81-86 GHz bands will be in a third-party database after the Wireless Telecommunications Bureau announces by public notice the details of the implementation of a third-party database for such links to endpoints in motion.
(b) The licensee or applicant shall:
(1) Complete coordination with Federal Government links according to the coordination standards and procedures adopted in Report and Order, FCC 03-248, and as further detailed in subsequent implementation public notices issued consistent with that order;
(2) Provide an electronic copy of an interference analysis to the third-party database manager which demonstrates that the potential for harmful interference to or from all previously registered non-government links has been analyzed according to the standards of section 101.105 and generally accepted good engineering practice, and that the proposed non-government link will neither cause harmful interference to, nor receive harmful interference from, any previously registered non-government link; and
(3) Provide upon request any information related to the interference analysis and the corresponding link. The third-party database managers shall receive and retain the interference analyses electronically and make them available to the public. Protection of individual links against harmful interference from other links shall be granted to first-in-time registered links. Successful completion of coordination via the NTIA automated mechanism shall constitute successful non-Federal Government to Federal Government coordination for that individual link.
(c) In addition, the following types of non-Federal Government links require the filing with the Commission an FCC Form 601 for each link for the purpose of coordination and registration, in addition to registering each link in the third-party database:
(1) Facilities requiring the submission of an Environmental Assessment,
(2) Facilities requiring international coordination, and
(3) Operation in quiet zones.
(d) The Commission believes the licensee is in the best position to determine the nature of its operations and whether those operations impact these settings, and is required to submit to a database manager, as part of the registration package, documentation that an FCC Form 601 has been filed.
(e) A licensee must successfully complete the requirements of this section prior to modifying the technical parameters of a registered link. Except for de minimis modifications, any change to the technical data on a link registration will result in a new interference protection date. A modification to link registration in the 71-76 GHz and 81-86 GHz bands is de minimis, and the registration will retain its existing interference protection date and not lose its existing first-in-time rights, if the modification meets all of the following criteria:
(1) The licensee certifies that the modification is necessary to repair or replace equipment specified in the registration that was constructed and operating under the registration, and;
(2) The modification does not increase the EIRP of a digital system or change the EIRP of an analog system;
(3) The modification does not increase the channel bandwidth;
(4) The modification does not change the power density;
(5) The modification does not increase the receiver sensitivity;
(6) The modification does not increase the antenna beamwidth;
(7) The modification does not increase the antenna gain, except where there is a corresponding reduction transmitter power so that there is no increase in EIRP;
(8) The modification does not involve a change to antenna with less off-axis attenuation at any angle; and
(9) The modification does not change any other technical parameters not mentioned in paragraphs (e)(1) through (e)(8) of this section.

47 C.F.R. §101.1523

69 FR 3267, Jan. 23, 2004, as amended at 70 FR 29998, May 25, 2005
89 FR 33262, effective date to be determined