[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: 47CFR101.79]



[Page 624-625]

 

                       TITLE 47--TELECOMMUNICATION

 

                         COMMISSION (CONTINUED)

 

PART 101_FIXED MICROWAVE SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 101.79  Sunset provisions for licensees in the 1850-1990 MHz, 

2110-2150 MHz, and 2160-2200 MHz bands.



    (a) FMS licensees will maintain primary status in the 1850-1990 MHz, 

2110-2150 MHz, and 2160-2200 MHz bands unless and until an ET (including 

MSS/ATC) licensee requires use of the spectrum. ET licensees are not 

required to pay relocation costs after the relocation rules sunset (i.e. 

ten years after the voluntary period begins for the first ET licensees 

in the service; or, in the case of the 2180-2200 MHz band, ten years 

after the mandatory negotiation period begins for MSS/ATC licensees in 

the service). Once the relocation rules sunset, an ET licensee may 

require the incumbent to cease operations, provided that the ET licensee 

intends to turn on a system within interference range of the incumbent, 

as determined by TIA Bulletin 10-F (for terrestrial-to-terrestrial 

situations) or TIA Bulletin TSB-86 (for MSS satellite-to-terrestrial 

situations) or any standard successor. ET licensee notification to the 

affected FMS licensee must be in writing and must provide the incumbent 

with no less than six months to vacate the spectrum. After the six-month 

notice period has expired, the FMS licensee must turn its license back 

into the Commission, unless the parties have entered into an agreement 

which allows the FMS licensee to continue to



[[Page 625]]



operate on a mutually agreed upon basis.

    (b) If the parties cannot agree on a schedule or an alternative 

arrangement, requests for extension will be accepted and reviewed on a 

case-by-case basis. The Commission will grant such extensions only if 

the incumbent can demonstrate that:

    (1) It cannot relocate within the six-month period (e.g., because no 

alternative spectrum or other reasonable option is available), and;

    (2) The public interest would be harmed if the incumbent is forced 

to terminate operations (e.g., if public safety communications services 

would be disrupted).



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

68 FR 68254, Dec. 8, 2003]