[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: 47CFR301.140]

[Page 808]
 
                       TITLE 47--TELECOMMUNICATION
 
                         DEPARTMENT OF COMMERCE
 
PART 301_MANDATORY REIMBURSEMENT FOR FREQUENCY BAND OR GEOGRAPHIC RELOCATION 
OF SPECTRUM-DEPENDENT SYSTEMS--Table of Contents
 
   Subpart B_Procedure for Reimbursement for Relocations and Dispute 
                               Resolution
 
Sec.  301.140  Petition for relocation.

    (a) In general. A licensee seeking to relocate a Federal Government 
station must submit a petition for relocation to NTIA. A copy of the 
petition must also be simultaneously provided to the FCC. NTIA's 
determination shall be set forth in writing within six months after the 
petition for relocation has been filed, and be provided to the auction 
winner and the Federal entity. NTIA shall limit or terminate the Federal 
entity's operating license within six months after receiving the 
petition if the following requirements are met:
    (1) The person seeking relocation of the Federal Government station 
has guaranteed to pay all modification and relocation costs incurred by 
the Federal entity, including all engineering, equipment, site 
acquisition and construction, and regulatory fees;
    (2) All activities necessary for implementing the relocation or 
modification have been completed, including construction of replacement 
facilities (if necessary and appropriate) and identifying and obtaining 
new frequencies for use by the relocated Federal Government station 
(where such station is not relocating to spectrum reserved exclusively 
for Federal use);
    (3) Any necessary replacement facilities, equipment modifications, 
or other changes have been implemented and tested to ensure that the 
Federal Government station is able to accomplish its purposes; and
    (4)(i) NTIA has determined that the proposed use of the spectrum 
frequency band to which the Federal entity will relocate its operations 
is
    (A) Consistent with obligations undertaken by the United States in 
international agreements and with United States national security and 
public safety interests; and
    (B) Suitable for the technical characteristics of the system band 
and consistent with other uses of the band.
    (ii) In exercising its authority, NTIA shall consult with the 
Secretary of Defense, the Secretary of State, or other appropriate 
officers of the Federal Government.
    (5) If these requirements are not met, NTIA shall notify the 
petitioner that the request is declined and the reasons for denial.
    (6) If NTIA does not issue a determination under this section within 
6 months of the filing of a Petition for Relocation, the Petition for 
Relocation is deemed to be denied.
    (7) In making its determination under this section, NTIA shall 
consult with the affected Federal entity and the Office of Management 
and Budget and other executive branch agencies.
    (b) Petition after agreement between the parties. The licensee may 
file a petition for relocation pursuant to Sec.  301.140 at anytime 
after the parties have reached agreement on relocation in negotiations 
or mediation as provided in Sec.  301.120 and submit the agreement as 
evidence of having met the requirements of the Petition for Relocation.
    (c) Petition after failure to reach an agreement. If the parties 
fail to reach an agreement as provided in Sec.  301.120 and non-binding 
arbitration has occurred pursuant to Sec.  301.130, the licensee may 
file a petition for relocation with NTIA after a decision has been 
rendered by the arbitrator. Any recommended decision by the arbitrator 
may be requested by NTIA as part of the record in a petition for 
relocation under Sec.  301.140. The recommended decision may be a 
factor, among others, in the NTIA determination on the Petition for 
Relocation.