Collapse to view only § 96.21 - Protection of existing operators in the 3650-3700 MHz Band.

§ 96.15 - Protection of federal incumbent users.

(a) This paragraph (a) applies only to CBSDs operating in the 3550-3650 MHz band.

(1) CBSDs and End User Devices must not cause harmful interference to and must accept interference from federal Incumbent Users authorized to operate in the 3550-3700 MHz band and below 3550 MHz.

(2) The SAS shall only authorize the use of CBSDs consistent with information on federal frequency use obtained from an approved ESC, except as provided in this section.

(3) For Category A CBSDs, Exclusion Zones shall be maintained along the Coastline, as shown at ntia.doc.gov/category/3550-3650-mhz. Exclusion Zones shall also be maintained around federal radiolocation sites as set forth at ntia.doc.gov/category/3550-3650-mhz . NTIA shall notify the Commission in writing if and when the list of protected federal radiolocation sites is updated. Exclusion Zones shall be maintained and enforced until one or more ESCs are approved and used by at least one SAS, in accordance with § 96.67. Thereafter, Exclusion Zones shall be converted to Protection Zones.

(i) Category A CBSDs may be authorized by an approved SAS in geographic areas outside of Exclusion Zones before an ESC is approved.

(ii) Once an ESC is approved and used by at least one SAS, Category A CBSDs may only be authorized consistent with information on federal frequency use provided to the SAS by an approved ESC.

(iii) Category B CBSDs may only be authorized consistent with information on the presence of a signal from a federal system provided to the SAS by an approved ESC.

(4) Within 300 seconds after the ESC communicates that it has detected a signal from a federal system in a given area, or the SAS is otherwise notified of current federal incumbent use of the band, the SAS must either confirm suspension of the CBSD's operation or its relocation to another unoccupied frequency, if available. If the President of the United States (or another designated Federal Government entity) issues instructions to discontinue use of CBSDs pursuant to 47 U.S.C. 606, SAS Administrators must instruct CBSDs to cease operations as soon as technically possible.

(5) The Commission will, as necessary, add or modify Exclusion Zones or Protection Zones to protect current and future federal Incumbent Users.

(6) The Commission may temporarily extend or modify Exclusion Zones and Protection Zones to protect temporary operations by federal Incumbent Users. Federal Incumbent Users will coordinate with the Commission prior to the beginning of any non-emergency operation requiring additional protection. Such modifications will be communicated to the SAS along with the expiration date and time of any modification.

(b) This paragraph (b) applies to CBSDs operating in the 3650-3700 MHz band.

(1) CBSDs and End User Devices must not cause harmful interference to and must accept interference from federal Incumbent Users authorized to operate in the 3500-3700 MHz band.

(2) Exclusion Zones shall be maintained for an 80 km radius around the federal radiolocation sites listed in 47 CFR 90.1331 and 47 CFR 2.106, US 109. These Exclusion Zones shall be maintained and enforced until one or more ESCs are approved and used by at least one SAS, in accordance with § 96.67. Thereafter, Exclusion Zones shall be converted to Protection Zones.

(3) CBSDs may only be authorized within these Protection Zones consistent with information on the presence of a signal from a federal system provided to the SAS by an approved ESC, in accordance with § 96.67.

(4) Within 300 seconds after the ESC communicates that it has detected a signal from a federal system in a given area, or the SAS is otherwise notified of current federal incumbent use of the band, the SAS must either confirm suspension of the CBSD's operation or its relocation to another unoccupied frequency. If the President of the United States (or another designated Federal Government entity) issues instructions to discontinue use of CBSDs pursuant to 47 U.S.C. 606, SAS Administrators must instruct CBSDs to cease operations as soon as technically possible.

[80 FR 36222, June 23, 2015, as amended at 81 FR 49066, July 26, 2016]

§ 96.17 - Protection of existing fixed satellite service (FSS) earth stations in the 3600-3700 MHz Band and 3700-4200 MHz Band.

(a) FSS earth stations licensed to operate in the 3600-3700 MHz band listed at www.fcc.gov/cbrs-protected-fss-sites shall be protected from CBSD operation consistent with this section. The protections in this section shall only apply to registered FSS earth stations that are authorized to operate on a co-primary basis consistent with § 2.106 of this chapter.

(1) FSS earth stations in the 3650-3700 MHz band will be afforded protection consistent with this section only after the conditions set forth in § 96.21(c) are satisfied.

(2) Co-channel. The aggregate passband radiofrequency (RF) power spectral density at the output of a reference RF filter and antenna at the location of an FSS earth station operating in the 3600-3700 MHz band, produced by emissions from all co-channel CBSDs (within 150 km) operating in the Citizens Band Radio Service shall not exceed a median root mean square (RMS) value of −129 dBm/MHz. The reference antenna system requires SAS to calculate antenna gain using § 25.209(a)(1) and (4) of this chapter, and a reference RF filter between the feed-horn and low noise amplifier (LNA)/low noise block downconverter (LNB), with 0.5 dB insertion loss in the passband.

(3) Blocking. The aggregate RF power at the output of a reference RF filter and antenna at the location of an FSS earth station operating in the 3600-3700 MHz band, produced by emissions from all CBSDs (within 40 km), shall not exceed a median RMS value of −60 dBm. The reference antenna system requires an SAS to calculate antenna gain using § 25.209(a)(1) and (4) of this chapter, and a reference RF filter between the feed-horn and LNA/LNB, with a filter mask of 0.6 dB/MHz attenuation to 30.5 dB at 50 MHz offset below the lower edge of the FSS earth station's authorized passband, and 0.25 dB/MHz attenuation to 55.5 dB at an offset greater than or equal to 150 MHz below the lower edge of the FSS earth station's authorized passband.

(b) Registered FSS earth stations in the 3700-4200 MHz band listed at www.fcc.gov/cbrs-protected-fss-sites shall be protected from CBSD operation in accordance with this section. Only licensed FSS earth stations used for satellite telemetry, tracking, and control (TT&C) operations will be protected under this section. Other licensed 3700-4200 MHz earth stations may be protected consistent with § 96.17(f).

(1) Out-of-band emissions into FSS. The aggregate passband RF power spectral density at the output of a reference RF filter and antenna at the location of a TT&C FSS earth station operating in the 3700-4200 MHz band, produced by emissions from all CBSDs (within 40 km) operating in the Citizens Band Radio Service shall not exceed a median RMS value of −129 dBm/MHz. The reference antenna system requires SAS to calculate antenna gain using § 25.209(a)(1) and (4) of this chapter, and a reference RF filter between the feed-horn and LNA/LNB, with 0.5 dB insertion loss in the passband.

(2) Blocking. The aggregate RF power at the output of a reference RF filter and antenna at the location of a TT&C FSS earth station operating in the 3700-4200 MHz band, produced by emissions from all CBSDs (within 40 km), shall not exceed a median RMS value of −60 dBm. The reference antenna system requires SAS to calculate antenna gain using § 25.209(a)(1) and (4) of this chapter, and a reference RF filter between the feed-horn and LNA/LNB, with a filter mask of 0.6 dB/MHz attenuation to 30.5 dB at 50 MHz offset below the lower edge of the FSS earth station's authorized passband, and 0.25 dB/MHz attenuation to 55.5 dB at an offset greater than or equal to150 MHz below the lower edge of the FSS earth station's authorized passband.

(c) These protection criteria will be enforced by the Spectrum Access System authorized consistent with subpart F of this part.

(d) FSS earth station licensees requesting protection under this part must register with the Commission annually, no later than 30 days before the end of the preceding calendar year, or upon making changes to any of the operational parameters listed in this section. Registration information will be made available to all approved SASs.

(1) Annual registration for each earth station shall include, at a minimum:

(i) The earth station's geographic location (Using NAD83 coordinates);

(ii) Antenna gain;

(iii) Azimuth and elevation antenna gain pattern;

(iv) Antenna azimuth relative to true north; and

(v) Antenna elevation angle.

(vi) Whether the earth station is used for satellite telemetry, tracking, and control (for earth stations in the 3700-4200 MHz band).

(2) Such information must be made available to SAS Administrators and maintained consistent with § 96.55.

(e) CBSDs may operate within areas that may cause interference to FSS earth stations, in excess of the levels described in § 96.17(a) and (b), provided that the licensee of the FSS earth station and the authorized user of the CBSD mutually agree on such operation and the terms of any such agreement are provided to an SAS Administrator that agrees to enforce them. The terms of any such agreement shall be communicated promptly to all other SAS Administrators.

(f) FSS earth station licensees in the 3600-3700 and 3700-4200 MHz bands may request additional protection from SAS Administrators to prevent harmful interference into their systems. SAS Administrators must establish a process to receive and address such requests, consistent with §§ 96.53(o) and 96.63 and shall make good faith efforts to address interference concerns, consistent with their other responsibilities under this part. In addressing such requests, SASs shall assume that 3700-4200 MHz earth stations are utilizing filters with the characteristics described in § 96.17(a)(3) or (b)(2) as appropriate for the 3600-3700 or 3700-4200 MHz band.

[80 FR 36222, June 23, 2015, as amended at 81 FR 49066, July 26, 2016]

§ 96.19 - Operation near Canadian and Mexican borders.

Citizens Broadband Radio Service operation in the 3550-3700 MHz band is subject to current and future international agreements with Mexico and Canada. The terms of these agreements shall be implemented by the SAS.

§ 96.21 - Protection of existing operators in the 3650-3700 MHz Band.

(a) Grandfathered Wireless Broadband Licensees shall be granted Incumbent User status consistent with §§ 90.1307 and 90.1338 of this chapter. Notwithstanding this status, Grandfathered Wireless Broadband Licensees shall not cause harmful interference to federal Incumbent Users and grandfathered FSS earth stations consistent with the rules governing Citizens Broadband Radio Service operators in this part.

(1) Incumbent User protections for a Grandfathered Wireless Broadband Licensee shall only apply within its Grandfathered Wireless Protection Zone.

(2) Incumbent User protections for a Grandfathered Wireless Broadband Licensee shall only apply to Grandfathered Wireless Protection Zones around base or fixed stations that are registered in ULS on or before April 17, 2015 and constructed, in service, and fully compliant with the rules in part 90, subpart Z of this chapter as of April 17, 2016. Grandfathered Wireless Protection Zones will be reduced in geographic area and/or applicable frequency range if portions of the protected network fail to meet the above criteria after April 17, 2016. Grandfathered Wireless Protection Zones will not be defined for subscriber units operated by Grandfathered Wireless Broadband Licensees, regardless of whether they have been registered in ULS.

(3) Grandfathered Wireless Protection Zones must be registered in the SAS for these protections to apply.

(b) Grandfathered Wireless Broadband Licensees may operate within their Grandfathered Wireless Protection Zones and operational frequencies consistent with the technical rules in part 90, subpart Z, consistent with the transition period set forth in §§ 90.1307 and 90.1338 of this chapter.

(c) Grandfathered Wireless Broadband Licensees and Citizens Broadband Radio Service users must protect authorized grandfathered FSS earth stations in the 3650-3700 MHz band, consistent with the existing protection criteria in 47 CFR part 90, subpart Z, until the last Grandfathered Wireless Broadband Licensee's license expires within the protection area defined for a particular grandfathered FSS earth station. Thereafter, the protection criteria in § 96.17 applicable to FSS earth stations in the 3600-3700 MHz band shall apply.

[80 FR 36222, June 23, 2015, as amended at 81 FR 49067, July 26, 2016]