[Code of Federal Regulations]

[Title 47, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR101.69]



[Page 620-621]

 

                       TITLE 47--TELECOMMUNICATION

 

                         COMMISSION (CONTINUED)

 

PART 101_FIXED MICROWAVE SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 101.69  Transition of the 1850-1990 MHz, 2110-2150 MHz, and 

2160-2200 MHz bands from the fixed microwave services to personal 

communications services and emerging technologies.



    Fixed Microwave Services (FMS) in the 1850-1990 MHz, 2110-2150 MHz, 

and 2160-2200 MHz bands have been allocated for use by emerging 

technology (ET) services, including Personal Communications Services 

(PCS), Advanced Wireless Services (AWS), and Mobile Satellite Services 

(MSS). The rules in this section provide for a transition period during 

which ET licensees may relocate existing FMS licensees using these 

frequencies to other media or other fixed channels, including those in 

other microwave bands.

    (a) ET licensees may negotiate with FMS licensees authorized to use 

frequencies in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz 

bands, for the purpose of agreeing to terms under which the FMS 

licensees would:

    (1) Relocate their operations to other fixed microwave bands or 

other media; or alternatively

    (2) Accept a sharing arrangement with the ET licensee that may 

result in an otherwise impermissible level of interference to the FMS 

operations.

    (b) Except as provided in paragraph (c) and (f) of this section, FMS 

operations in the 1850-1990 MHz, 2110-2150



[[Page 621]]



MHz, and 2160-2200 MHz bands, with the exception of public safety 

facilities defined in Sec. 101.77, will continue to be co-primary with 

other users of this spectrum until two years after the FCC commences 

acceptance of applications for ET service (voluntary negotiation 

period), and until one year after an ET licensee initiates negotiations 

for relocation of the fixed microwave licensee's operations (mandatory 

negotiation period). In the 1920-1930 MHz band allocated for unlicensed 

PCS, FMS operations will continue to be co-primary until one year after 

UTAM, Inc. initiates negotiations for relocation of the fixed microwave 

licensee's operations. Except as provided in paragraph (c) of this 

section, public safety facilities defined in Sec. 101.77 will continue 

to be co-primary in these bands until three years after the Commission 

commences acceptance of applications for an emerging technology service 

(voluntary negotiation period), and until two years after an emerging 

technology service licensee or an emerging technology unlicensed 

equipment supplier or representative initiates negotiations for 

relocation of the fixed microwave licensee's operations (mandatory 

negotiation period). If no agreement is reached during either the 

voluntary or mandatory negotiation periods, an ET licensee may initiate 

involuntary relocation procedures. Under involuntary relocation, the 

incumbent is required to relocate, provided that the ET licensee meets 

the conditions of Sec. 101.75.

    (c) Voluntary and mandatory negotiation periods for PCS C, D, E, and 

F blocks are defined as follows:

    (1) Non-public safety incumbents will have a one-year voluntary 

negotiation period and a one-year mandatory negotiation period; and

    (2) Public safety incumbents will have a three-year voluntary 

negotiation period and a two-year mandatory negotiation period.

    (d) Relocation of FMS licensees in the 2110-2150 and 2160-2200 MHz 

band will be subject to mandatory negotiations only. Except as provided 

in paragraph (e) of this section, mandatory negotiation periods are 

defined as follows:

    (1) Non-public safety incumbents will have a two-year mandatory 

negotiation period; and

    (2) Public safety incumbents will have a three-year mandatory 

negotiation period.

    (e) Relocation of FMS licensees by Mobile-Satellite Service (MSS) 

licensees, including MSS licensees providing Ancillary Terrestrial 

Component (ATC) service, will be subject to mandatory negotiations only. 

Mandatory negotiation periods that are triggered in the first instance 

by MSS/ATC licensees are defined as follows:

    (1) The mandatory negotiation period for non-public safety 

incumbents will end December 8, 2004.

    (2) The mandatory negotiation period for public safety incumbents 

will end December 8, 2005.

    (f) AWS licensees operating in the 1910-1920 MHz and 2175-2180 MHz 

bands will follow the requirements and procedures set forth in ET Docket 

No. 00-258 and WT Docket No. 04-356.



[62 FR 12758, Mar. 18, 1997, as amended at 65 FR 48182, Aug. 7, 2000; 68 

FR 3464, Jan. 24, 2003; 68 FR 68253, Dec. 8, 2003; 69 FR 62622, Oct. 27, 

2004]