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AT&T, EchoStar Lay Out Plan for FSS/UMFU Sharing of 28 GHz, 37-40 GHz

AT&T and EchoStar's joint plan for sharing the 28, 37 and 39 GHz bands would protect existing fixed satellite service licensees while giving them co-primary status with new Upper Microwave Flexible Use licensees, set up protection zones in metropolitan areas…

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to prevent new FSS installations from interfering with UMFU systems, and create coordination guidelines and parameters for FSS/UMFU spectrum sharing outside those protection zones, the companies told the FCC. In an ex parte filing Thursday in docket 14-177, they said coordination, safe harbor and aggregate interference guideline details still are being hashed out. But for the 28 GHz band they propose individually licensed FSS earth stations already operational or in the works by the UMFU auction be co-primary with UMFU licensees, with the UMFU licensee having to design its network to accept interference from the grandfathered FSS earth stations and the FSS operators allowed to add individually licensed earth stations to existing facilities. Meanwhile, they said, outside urban cores, co-primary FSS and UMFU licensees would need to engage in "good faith coordination" when placing new FSS earth stations, while within urban cores FSS could deploy on a secondary basis. They also said UMFU licensees would be required to respond to coordination requests in good faith "and cannot demand financial consideration from FSS operator" except for reimbursement of coordination expenses. Regarding the 37 and 39 GHz bands, AT&T and EchoStar are proposing combining them into one contiguous 37-40 GHz band, with UMFU use permitted throughout it. The 39-40 GHz portion of the band would be the preferred channel for new individual licensed FSS earth station deployments, and UMFU licensees there would have to accommodate those deployments on request and give them co-primary status, they said. Meanwhile, FSS deployments in the 37.5-39 GHz portion would be allowed on a secondary basis, they said. They also proposed guidelines for FSS receive earth stations and new UMFU licensees in the 39-40 GHz spectrum and for UMFU accommodation of new FSS deployment in the band. The filing recapped a meeting involving such FCC officials as International Bureau Chief Mindel de la Torre with company representatives including EchoStar Vice President-Regulatory Affairs Jennifer Manner and AT&T Assistant Vice President-Federal Regulatory Stacey Black. CTA also has pushed for creation of a new Upper Microwave Flexible Use Service in the 28 GHz, 39 GHz and 37 GHz bands (see 1601280062).