[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: 47CFR101.77]



[Page 624]

 

                       TITLE 47--TELECOMMUNICATION

 

                         COMMISSION (CONTINUED)

 

PART 101_FIXED MICROWAVE SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 101.77  Public safety licensees in the 1850-1990 MHz, 2110-2150 

MHz, and 2160-2200 MHz bands.



    (a) Public safety facilities are subject to the three-year voluntary 

and two-year mandatory negotiation period, except as otherwise defined 

in paragraph 101.69(c). In order for public safety licensees to qualify 

for extended negotiation periods, the department head responsible for 

system oversight must certify to the ET licensee requesting relocation 

that:

    (1) The agency is a Police licensee, a Fire Licensee, or an 

Emergency Medical Licensee as defined in Sec. 90.7 of this chapter, or 

meets the eligibility requirements of Sec. 90.20(a)(2) of this chapter, 

except for Sec. 90.20(a)(2)(ii) of this chapter, or that it is a 

licensee of other part 101 facilities licensed on a primary basis under 

the eligibility requirements of part 90, subpart B of this chapter; and

    (2) The majority of communications carried on the facilities at 

issue involve safety of life and property.

    (b) A public safety licensee must provide certification within 

thirty (30) days of a request from a ET licensee, or the ET licensee may 

presume that special treatment is inapplicable. If a public safety 

licensee falsely certifies to an ET licensee that it qualifies for the 

extended time periods, this licensee will be in violation of the 

Commission's rules and will subject to appropriate penalties, as well as 

immediately subject to the non-public safety time periods.



[61 FR 29695, June 12, 1996, as amended at 62 FR 12758, Mar. 18, 1997; 

62 FR 18936, Apr. 17, 1997]