This declaratory ruling addresses issues raised in a September 2014 FCC order resolving a frequency coordination dispute between Auburn Data Systems, LLC and Geodesic Networks, LLC.
The Commission’s Part 101 rules provide access to non-auctioned spectrum “on a first come, first served, interference-free basis.” Part 101 includes the Private Operational Fixed Service (POFS) and the Common Carrier Operational Fixed Service. The Commission’s licensing regime for these two services requires frequency coordination and filing of an application for each microwave link or path containing detailed information concerning the proposed operation. In order to complete frequency coordination, an applicant must give prior notice of the proposed applicant’s operations to nearby licensees and prior applicants whose facilities could affect or be affected by the new proposal, make reasonable efforts to avoid interference and resolve conflicts, and certify to the Commission that the proposed operation has been coordinated. Once the applicant has completed frequency coordination, the applicant must file an application for authorization with the Commission.