[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: 47CFR101.85]

[Page 619-620]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 101--FIXED MICROWAVE SERVICES--Table of Contents
 
                  Subpart B--Applications and Licenses
 
Sec. 101.85  Transition of the 18.58-19.3 GHz band from the terrestrial fixed services to the fixed-satellite service (FSS).

    Fixed services (FS) frequencies in the 18.58-19.3 GHz bands listed 
in Secs. 21.901(e), 74.502(c), 74.602(g), and 78.18(a)(4) of this 
chapter, and Sec. 101.147(a) and (r) have been allocated for use by the 
fixed-satellite service (FSS). The rules in this section provide for a 
transition period during which FSS licensees may relocate existing FS 
licensees using these frequencies to other microwave bands.
    (a) FSS licensees may negotiate with FS licensees authorized to use 
frequencies in the 18.58-19.30 GHz band for the purpose of agreeing to 
terms under which the FS licensees would:
    (1) Relocate their operations to other fixed microwave bands or 
other media; or alternatively
    (2) Accept a sharing arrangement with the FSS licensee that may 
result in an otherwise impermissible level of interference to the FSS 
operations.
    (b) FS operations in the 18.58-19.30 GHz band that remain co-primary 
under the provisions of Secs. 21.901(e), 74.502(c), 74.602(d), 
78.18(a)(4) of this chapter, and Sec. 101.147(r) will continue to

[[Page 620]]

be co-primary with the FSS users of this spectrum until June 8, 2010 or 
until the relocation of the fixed service operations, whichever occurs 
sooner, except for operations in the band 19.26-19.3 GHz and low power 
systems operating pursuant to Sec. 101.47(r) (10), which shall operate 
on a co-primary basis until October 31, 2011. If no agreement is reached 
during the negotiations, an FSS licensee may initiate relocation 
procedures. Under the relocation procedures, the incumbent is required 
to relocate, provided that the FSS licensee meets the conditions of 
Sec. 101.91.
    (c) Negotiation periods are defined as follows:
    (1) Non-public safety incumbents will have a two-year negotiation 
period.
    (2) Public safety incumbents will have a three-year negotiation 
period.

[65 FR 54173, Sept. 7, 2000, as amended at 66 FR 63516, Dec. 7, 2001]