Goto Section: 90.173 | 90.176 | Table of Contents
Revised as of December 7, 2018
Goto Year:2018 |
§ 90.175 Frequency coordinator requirements.
Link to an amendment published at 83 FR 61095 , Nov. 27, 2018.
Except for applications listed in paragraph (j) of this section, each
application for a new frequency assignment, for a change in existing
facilities as listed in § 90.135(a), or for operation at temporary
locations in accordance with § 90.137 must include a showing of
frequency coordination as set forth further.
(a) Frequency coordinators may request, and applicants are required to
provide, all appropriate technical information, system requirements,
and justification for requested station parameters when such
information is necessary to identify and recommend the most appropriate
frequency. Additionally, applicants bear the burden of proceeding and
the burden of proof in requesting the Commission to overturn a
(b) For frequencies between 25 and 470 MHz: (1) A statement is required
from the applicable frequency coordinator as specified in § § 90.20(c)(2)
and 90.35(b) recommending the most appropriate frequency. In addition,
for frequencies above 150 MHz, if the interference contour of a
proposed station would overlap the service contour of a station on a
frequency formerly shared prior to radio service consolidation by
licensees in the Manufacturers Radio Service, the Forest Products Radio
Service, the Power Radio Service, the Petroleum Radio Service, the
Motor Carrier Radio Service, the Railroad Radio Service, the Telephone
Maintenance Radio Service or the Automobile Emergency Radio Service,
the written concurrence of the coordinator for the industry-specific
service, or the written concurrence of the licensee itself, must be
obtained. Requests for concurrence must be responded to within 20 days
of receipt of the request. The written request for concurrence shall
advise the receiving party of the maximum 20 day response period. The
coordinator's recommendation may include comments on technical factors
such as power, antenna height and gain, terrain and other factors which
may serve to minimize potential interference. In addition:
(2) On frequencies designated for coordination or concurrence by a
specific frequency coordinator as specified in § § 90.20(c)(3) and
90.35(b), the applicable frequency coordinator shall provide a written
supporting statement in instances in which coordination or concurrence
is denied. The supporting statement shall contain sufficient detail to
permit discernment of the technical basis for the denial of
concurrence. Concurrence may be denied only when a grant of the
underlying application would have a demonstrable, material, adverse
effect on safety.
(3) In instances in which a frequency coordinator determines that an
applicant's requested frequency or the most appropriate frequency is
one designated for coordination or concurrence by a specific frequency
coordinator as specified in § 90.20(c)(3) or § 90.35(b), that frequency
coordinator may forward the application directly to the appropriate
frequency coordinator. A frequency coordinator may only forward an
application as specified above if consent is received from the
(4) For any application for mobile repeater station operations on
frequencies denoted by both § 90.20(d)(90) and (92), or by both
§ 90.35(c)(93) and (95) the frequency coordinator responsible for the
application must determine and disclose to the applicant the call signs
and the service areas of all active co-channel incumbent remote control
and telemetry stations inside the applicant's proposed area of
operation by adding a special condition to the application, except when
the applicant has obtained written concurrence from an affected
incumbent licensee, or when the applicant and the incumbent licensee
are the same entity.
(c) For frequencies above 800 MHz: When frequencies are shared by more
than one service, concurrence must be obtained from the other
applicable certified coordinators.
(d) For frequencies in the 450-470 MHz band: When used for secondary
fixed operations, frequencies shall be assigned and coordinated
pursuant to § 90.261.
(e) For frequencies between 470-512 MHz, 769-775/799-805 MHz,
806-824/851-869 MHz and 896-901/935-940 MHz: A recommendation of the
specific frequencies that are available for assignment in accordance
with the loading standards and mileage separations applicable to the
specific radio service, frequency pool, or category of user involved is
required from an applicable frequency coordinator.
(f) For frequencies in the 929-930 MHz band listed in paragraph (b) of
§ 90.494: A statement is required from the coordinator recommending the
most appropriate frequency.
(g) For frequencies between 1427-1432 MHz: A statement is required from
the coordinator recommending the most appropriate frequency, operating
power and area of operation in accordance with the requirements of
(h) Any recommendation submitted in accordance with paragraphs (a),
(c), (d), or (e) of this section is advisory in character and is not an
assurance that the Commission will grant a license for operation on
that frequency. Therefore, applicants are strongly advised not to
purchase radio equipment operating on specific frequencies until a
valid authorization has been obtained from the Commission.
(i) Applications for facilities near the Canadian border north of line
A or east of line C in Alaska may require coordination with the
Canadian government. See § 1.928 of this chapter.
(j) The following applications need not be accompanied by evidence of
(1) Applications for frequencies below 25 MHz.
(2) Applications for a Federal Government frequency.
(3) Applications for frequencies in the 72-76 MHz band except for
mobile frequencies subject to § 90.35(c)(77).
(5) Applications in the Industrial/Business Pool requesting a frequency
designated for itinerant operations.
(6) Applications in the Radiolocation Service.
(7) Applications filed exclusively to modify channels in accordance
with band reconfiguration in the 806-824/851-869 band.
(8) Applications for SMR frequencies contained in § § 90.617(d) Table 4A,
90.617(e), 90.617(f) and 90.619(b)(2).
(9) Applications indicating license assignments such as change in
ownership, control or corporate structure if there is no change in
(10) Applications for mobile stations operating in the 470-512 MHz
band, 799-805 MHz band, or above 800 MHz if the frequency pair is
assigned to a single system on an exclusive basis in the proposed area
(11) Applications for add-on base stations in multiple licensed systems
operating in the 470-512 MHz, 769-775 MHz band, or above 800 MHz if the
frequency pair is assigned to a single system on an exclusive basis.
(12) Applications for control stations operating below 470 MHz,
769-775/799-805 MHz, or above 800 MHz and meeting the requirements of
(13) Except for applications for the frequencies set forth in
§ 90.719(c) and § 90.720, applications for frequencies in the 220-222 MHz
(14) Applications for a state license under § 90.529.
(15) Applications for narrowband low power channels listed for
itinerant use in § 90.531(b)(4).
(16) Applications for DSRCS licenses (as well as registrations for
Roadside Units) in the 5850-5925 GHz band.
(17) Applications for the deletion of a frequency and/or transmitter
(18) Applications for base, mobile, or control stations in the 763-768
MHz and 793-798 MHz bands.
(19) Applications filed exclusively to return channels that had been
authorized for commercial operation pursuant to § 90.621(e) or (f) to
non-commercial operation (including removal of the authorization to
interconnect with the public switched telephone network).
(20) Applications for a reduction in the currently authorized emission
bandwidth or a deletion of an existing emission designator.
(21) Applications for a reduction in antenna height or authorized
(22) Applications for frequencies in the 4940-4990 MHz band. See
§ 90.1209 of this chapter for further information.
[ 67 FR 41858 , June 20, 2002, as amended at 67 FR 63289 , Oct. 11, 2002;
68 FR 38639 , June 30, 2003; 69 FR 39867 , July 1, 2004; 69 FR 46443 ,
Aug. 3, 2004; 70 FR 61061 , Oct. 20, 2005; 70 FR 76708 , Dec. 28, 2005;
72 FR 48859 , Aug. 24, 2007; 75 FR 19284 , Apr. 14, 2010; 77 FR 45506 ,
Aug. 1, 2012; 78 FR 25175 , Apr. 29, 2013]
Effective Date Note: At 81 FR 2110 , Jan. 15, 2016, § 90.175(b)(4) was
added. This paragraph contains information collection and recordkeeping
requirements and will not become effective until approval has been
given by the Office of Management and Budget.
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Goto Section: 90.173 | 90.176
Goto Year: 2018 |
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