[Code of Federal Regulations]
[Title 47, Volume 5]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR101.95]

[Page 674-675]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 101_FIXED MICROWAVE SERVICES--Table of Contents
 
                   Subpart B_Applications and Licenses
 
Sec.  101.95  Sunset provisions for licensees in the 18.30-19.30 GHz band.

    (a) FSS licensees are not required to pay relocation costs after the 
relocation rules sunset (see Sec. Sec.  74.502(c), 74.602(g), and 
78.18(a)(4) of this chapter, and Sec.  101.147 (a) and (r)). Once the 
relocation rules sunset, an FSS licensee may require the incumbent to 
cease operations, provided that the FSS licensee intends to turn on a 
system within interference range of the incumbent, as determined by TIA 
Bulletin 10-F or any standard successor. FSS licensee notification to 
the affected FS licensee must be in writing and must provide the 
incumbent with no less than six months to vacate the spectrum. After the 
six-month notice period has expired, the FS licensee must turn its 
license back into the Commission, unless the parties have entered into 
an agreement which allows the FS licensee to continue to operate on a 
mutually agreed upon basis.
    (b) If the parties cannot agree on a schedule or an alternative 
arrangement, requests for extension will be accepted and reviewed on a 
case-by-case basis. The Commission will grant such extensions only if 
the incumbent can demonstrate that:

[[Page 675]]

    (1) It cannot relocate within the six-month period (e.g., because no 
alternative spectrum or other reasonable option is available); and
    (2) The public interest would be harmed if the incumbent is forced 
to terminate operations (e.g., if public safety communications services 
would be disrupted).