[Code of Federal Regulations] [Title 47, Volume 4] [Revised as of October 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 47CFR78.40] [Page 767-768] TITLE 47--TELECOMMUNICATION COMMISSION (CONTINUED) PART 78_CABLE TELEVISION RELAY SERVICE--Table of Contents Subpart B_Applications and Licenses Sec. 78.40 Transition of the 1990-2025 MHz band from the Cable Television Relay Service to emerging technologies. (a) Licensees proposing to implement Mobile-Satellite Services using emerging technologies (MSS Licensees) may negotiate with Cable Television Relay Service licensees (Existing Licensees) in the 1990-2110 MHz band for the purpose of agreeing to terms under which the Existing Licensees would relocate their operations to the 2025-2110 MHz band, to other authorized bands, or to other media; or alternatively, would accept a sharing arrangement with the MSS Licensee that may result in an otherwise impermissible level of interference to the Existing Licensee's operations. (b) Existing Licensees in the 1990-2025 MHz band allocated for licensed emerging technology services will maintain primary status in these bands until an MSS Licensee completes relocation of the Existing Licensee's operations. (c) The Commission will amend the operating license of the Existing Licensee to secondary status only if the following requirements are met: (1) The service applicant, provider, licensee, or representative using an emerging technology guarantees payment of all relocation costs, including all engineering, equipment, site and FCC fees, as well as any reasonable additional costs that the relocated Existing Licensee might incur as a result of operation in another authorized band or migration to another medium; (2) The MSS Licensee completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave or Local Television Transmission frequencies and frequency coordination; and (3) The MSS Licensee builds the replacement system and tests it for comparability with the existing system. (d) The Existing Licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff. (e) If within one year after the relocation to new facilities the Existing Licensee demonstrates that the new facilities are not comparable to the former facilities, the MSS Licensee must remedy the defect. (f) Subject to the terms of this paragraph (f), Phase I of the relocation of Existing Licensees will be carried out in the following manner: (1) Beginning September 6, 2000, Existing Licensees and MSS Licensees may negotiate individually or collectively for relocation of Existing Licensees to one of the channel plans specified in Sec. 74.602(a)(3) of this chapter. Parties may not decline to negotiate, though Existing Licensees may decline to be relocated. MSS Licensees must relocate all Existing Licensees in Nielsen Designated Market Areas 1-30 prior to beginning operations, except those Existing Licensees that decline relocation. If the parties are unable to [[Page 768]] reach a negotiated agreement, MSS Licensees may involuntarily relocate Existing Licensees after two years. As of the date that any MSS Licensee announces the beginning of operations in the 1990-2008 MHz band, licensees who are not on the new channel plan specified in Sec. 74.602(a)(3) of this chapter must discontinue use of Channel A01 (1990- 2008 MHz). (2) Before negotiating with MSS Licensees, Existing Licensees in Nielsen Designated Market Areas where there is a BAS frequency coordinator must coordinate and select a band plan for the market area. Thereafter, all negotiations must produce solutions that adhere to the market area's band plan. (3) After the date the first MSS Licensee begins operations, MSS Licensees must relocate Existing Licensees in Nielsen Designated Market Areas 31-100 within three years, unless any Existing Licensee declines relocation. (4) Beginning on the date any MSS Licensee announces in writing to Existing Licensees its intention to begin operations in the 2008-2025 MHz band, Existing Licensees and MSS Licensees may negotiate individually or collectively for relocation of Existing Licensees to one of the channel plans specified in Sec. 74.602(a)(4) of this chapter. MSS Licensees must relocate all Existing Licensees in Nielsen Designated Market Areas 1-30 prior to beginning operations, except those Existing Licensees that decline relocation. If the parties are unable to reach a negotiated agreement, MSS Licensees may involuntarily relocate Existing Licensees after two years. As of the date that any MSS Licensee announces its intention to begin operations in the 2008-2025 MHz band, licensees who are not on the new channel plan specified in Sec. 74.602(a)(4) of this chapter must discontinue use of Channel A01 (2008- 2023 MHz). (5) After the date the first MSS Licensee begins operations in the 2008-2025 MHz band, MSS Licensees must relocate Existing Licensees in the remaining Nielsen Designated Market Areas within three years. (6) Ten years after the date specified in paragraph (f)(1) of this section, all Existing Licensees will become secondary in the 1990-2025 MHz band. Upon written demand by any MSS Licensee, Existing Licensees must cease all operations in the 1990-2025 MHz band within six months. Note to paragraph (f): FCC suspends for one year, until September 6, 2003, the expiration date for the initial two-year mandatory negotiation period in paragraph (e)(1) and the beginning of the involuntary relocation period in paragraph (f)(4). [65 FR 48181, Aug. 7, 2000, as amended at 67 FR 53756, Aug. 19, 2002]