[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: 47CFR301.10] [Page 803-804] TITLE 47--TELECOMMUNICATION DEPARTMENT OF COMMERCE PART 301_MANDATORY REIMBURSEMENT FOR FREQUENCY BAND OR GEOGRAPHIC RELOCATION OF SPECTRUM-DEPENDENT SYSTEMS--Table of Contents Subpart A_General Information Sec. 301.10 Applicability. (a) Affected bands. (1) These provisions apply to Government assignments in the following bands of frequencies located below 3 GHz: (i) 216 to 220 MHz. (ii) 1432 to 1435 MHz. (iii) 1710 to 1755 MHz. (iv) 2385 to 2390 MHz. (2) NTIA will identify additional bands that may become subject to this part in a public notice and request for comments published in the Federal Register. (b) Availability of comparable facility. The Federal entity will not be required [[Page 804]] to relocate until a comparable facility, or modification to an existing facility, is available in enough time to determine comparability, make adjustments, and ensure a seamless handoff. The factors to be considered in determining comparability include at least communications throughput, system reliability, operating costs, and operational capability as defined in this part. These factors may not be appropriate to determine comparable facility for certain Federal Government stations required to relocate, such as radar systems. (c) Frequency assignments eligible for reimbursement. (1) Equipment modification/Retuning. To the extent that a Federal entity that is required to relocate is able to modify/retune its equipment with the result that the modified equipment provides operational capabilities comparable with the original system, reimbursement will be limited to the marginal costs associated with modification/retuning. (2) Old assignments/new assignments. Old assignments are those that were authorized prior to October 17, 1998 (i.e., 216-220 MHz, 1432-1435 MHz, 1710-1755 MHz, 2385-2390 MHz). New assignments are those assignments in the affected bands that were authorized after October 17, 1998. New assignments in the affected bands are not eligible for reimbursement under these rules. (3) Exempted Federal power agencies and other exempted assignment. Frequency assignments in the 1710--1755 MHz band that are exempt from reallocation requirements are not required to relocate and therefore are not entitled to reimbursement under these rules. Federal agencies may accept reimbursement for relocation costs of exempted assignments in cases of voluntary relocation. (4) Experimental stations. Frequency assignments for experimental stations or experimental testing stations are not entitled to reimbursement under this part. Reimbursement shall apply to experimental stations that have been certified for spectrum support prior to October 17, 1998 by NTIA for stage 3 developmental tests under section 10.3.1. of the NTIA Manual of Federal Regulations and Procedures for Federal Radio Frequency Management. This manual is available on NTIA's website at http://www.ntia.doc.gov/osmhome/redbook/redbook.html. The manual is also available from the U.S. Government Printing Office (S/N: 903-008- 0025-3). (5) Certain other government stations. Other exempted stations identified under the 1995 Spectrum Reallocation Final Report and the 1998 Spectrum Reallocation Report are not required to relocate and therefore are not entitled to reimbursement under these rules. These agencies may, however, accept reimbursement for relocation costs in cases of voluntary relocation. (d) Sunset of reimbursement rights. There is no sunset of reimbursement rights for affected agencies. (e) Authority. The rules set forth in this subpart in no way affect what authority, if any, has been delegated to the Federal entity to negotiate or contract on behalf of the United States.