[Code of Federal Regulations]
[Title 47, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR101.77]

[Page 618]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 101--FIXED MICROWAVE SERVICES--Table of Contents
 
                  Subpart B--Applications and Licenses
 
Sec. 101.77  Public safety licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands.

    (a) Public safety facilities are subject to the three-year voluntary 
and two-year mandatory negotiation period, except as otherwise defined 
in paragraph 101.69(c). In order for public safety licensees to qualify 
for extended negotiation periods, the department head responsible for 
system oversight must certify to the ET licensee requesting relocation 
that:
    (1) The agency is a Police licensee, a Fire Licensee, or an 
Emergency Medical Licensee as defined in Sec. 90.7 of this chapter, or 
meets the eligibility requirements of Sec. 90.20(a)(2) of this chapter, 
except for Sec. 90.20(a)(2)(ii) of this chapter, or that it is a 
licensee of other part 101 facilities licensed on a primary basis under 
the eligibility requirements of part 90, subpart B of this chapter; and
    (2) The majority of communications carried on the facilities at 
issue involve safety of life and property.
    (b) A public safety licensee must provide certification within 
thirty (30) days of a request from a ET licensee, or the ET licensee may 
presume that special treatment is inapplicable. If a public safety 
licensee falsely certifies to an ET licensee that it qualifies for the 
extended time periods, this licensee will be in violation of the 
Commission's rules and will subject to appropriate penalties, as well as 
immediately subject to the non-public safety time periods.

[61 FR 29695, June 12, 1996, as amended at 62 FR 12758, Mar. 18, 1997; 
62 FR 18936, Apr. 17, 1997]