Derivatives of Theta Functions and a Problem of Lyubarskii and Nes

We characterize all lattices $Λ\subset \mathbb{R}^2$ of rational density for which the Gabor system generated by the first Hermite function along $Λ$ is a frame for $L^2(\mathbb{R})$. We prove that these are precisely the lattices whose density satisfies $D(Λ) = \frac{q}{p} $ where $p,q \in \mathbb{