68. Appeals. We seek comment on whether we should adopt an appeals process for licensees whose coordination proposals are rejected by the government agency or the final decision maker in the coordination process. If so, who should adjudicate the appeals and what should be the criteria for reversal?
69. Interference Power Spectral Density (IPSD) Limits. To facilitate coordination, the WG1 Final Report also recommended, to the extent possible, an automated process with the ability to assess if proposed commercial networks will meet predetermined IPSD limits. We seek comment on the extent to which such a process is possible and, if so, how best to implement this recommendation. Are there automated processes already in place that we could adapt to this situation? How much of the coordination process can be automated? What are the challenges associated with such an approach and are they surmountable? Would the benefits of implementation exceed the associated costs? The WG1 Final Report also recommended establishment of a testing program that would "demonstrate the viability and effectiveness of proposed protection and mitigation methods before commercial licensees may begin operations within a
70. Enforcement. The WG1 Final Report states that clear enforcement procedures must be established in order to protect Federal operations within the Protection Zones. We seek comment on ways to deter and terminate commercial operations from causing harmful interference to Federal operations through violations of the rules or of a coordination agreement. How should commercial operators be notified to cease operations in such a situation? What can or should be done in the event that there is a dispute between the parties as to the actual source of interference? Do our existing enforcement procedures provide adequate remedies or do the special circumstances of this band require additional enforcement mechanisms? What remedies, above and beyond notice to stop operations, are appropriate in such circumstances? Would fines and/or loss of license be appropriate in this case? Commenters are encouraged to propose adequate enforcement mechanisms that will ensure that incumbent Federal operations do not suffer harmful interference.
71. The WG1 Final Report notes that real-time monitoring of IPSD limits with automated adjustments would be ideal in order to ensure that the established interference limits are not being exceeded. Ideally, this real-time monitoring could quickly detect violations and facilitate immediate adjustments to commercial operations so as to prevent harmful interference to Federal operations. However, a real-time monitoring system would not necessarily determine the source of the problem. We seek comment on whether establishing a real-time monitoring mechanism is possible and feasible. If so, commenters are invited to describe how this can be accomplished.
72. Relocating Federal government receive locations in the 1695-1710 MHz band. Some of the Protection Zones set forth in Table 1 above are located in highly populated urban areas where there is a continuously rising demand for commercial broadband services. NTIA did not have the opportunity to study the possibility of relocating Federal receive sites in the band. Accordingly, and in response to an industry suggestion, NTIA recommends that before auction, the feasibility and cost impact of relocating Federal operations in the 1695-1710 MHz band be explored for the top 100 markets, with the goal of creating an environment where there would be less restricted commercial use of the band within the Protection Zones. If any studies consistent with this recommendation are conducted, we intend to incorporate them into the record of this proceeding. Further, NTIA has identified some challenges that a Federal receiver relocation study should address. These include ensuring that:
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