§ 96.67 Environmental sensing capability.

(a) The primary purpose of the ESC is to facilitate coexistence of Citizens Broadband Radio Service users with federal Incumbent Users through signal sensing. An ESC will be operated by a non-governmental entity and, except as set forth in this section, will not rely on governmental agencies to affirmatively communicate information about the operations of incumbent radio systems. (b) An ESC may only operate after receiving approval by the Commission. Such approval shall be conditioned on meeting the requirements of this part and any other requirements imposed by the Commission. The Commission may revoke, modify, or condition ESC approval at its discretion. (c) An ESC must meet the following requirements: (1) Be managed and maintained by a non-governmental entity; (2) Accurately detect the presence of a signal from a federal system in the 3550-3700 MHz band and adjacent frequencies using approved methodologies that ensure that any CBSDs operating pursuant to ESC will not cause harmful interference to federal Incumbent Users; (3) Communicate information about the presence of a signal from a federal Incumbent User system to one or more approved SASs; (4) Maintain security of detected and communicated signal information; (5) Comply with all Commission rules and guidelines governing the construction, operation, and approval of ESCs; (6) Ensure that the ESC shall be available at all times to immediately respond to requests from authorized Commission personnel for any information collected or communicated by the ESC; and (7) Ensure that the ESC operates without any connectivity to any military or other sensitive federal database or system and does not store, retain, transmit, or disclose operational information on the movement or position of any federal system or any information that reveals other operational information of any federal system that is not required by this part to effectively operate the ESC. (d) ESC equipment may be deployed in the vicinity of the Exclusion Zones and Protection Zones to accurately detect federal Incumbent User transmissions.