[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: 47CFR101.85]



[Page 626]

 

                       TITLE 47--TELECOMMUNICATION

 

                         COMMISSION (CONTINUED)

 

PART 101_FIXED MICROWAVE SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 101.85  Transition of the 18.3-19.3 GHz band from the terrestrial 

fixed services to the fixed-satellite service (FSS).



    Fixed services (FS) frequencies in the 18.3-19.3 GHz bands listed in 

Sec. Sec. 21.901(e), 74.502(c), 74.602(g), and 78.18(a)(4) and Sec. 

101.147(a) and (r) of this chapter have been allocated for use by the 

fixed-satellite service (FSS). The rules in this section provide for a 

transition period during which FSS licensees may relocate existing FS 

licensees using these frequencies to other frequency bands, media or 

facilities.

    (a) FSS licensees may negotiate with FS licensees authorized to use 

frequencies in the 18.3-19.30 GHz bands for the purpose of agreeing to 

terms under which the FS licensees would:

    (1) Relocate their operations to other frequency bands, media or 

facilities; or alternatively

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

result in an otherwise impermissible level of interference to the FSS 

operations.

    (b)(1) FS operations in the 18.3-18.58 GHz band that remain co-

primary under the provisions of Sec. Sec. 21.901(e), 74.502(c), 

74.602(d), 78.18(a)(4) and Sec. 101.147(r) of this chapter will 

continue to be co-primary with the FSS users of this spectrum until 

November 19, 2012 or until the relocation of the fixed service 

operations, whichever occurs sooner.

    (2) FS operations in the 18.58-19.3 GHz band that remain co-primary 

under the provisions of Sec. Sec. 21.901(e), 74.502(c), 74.602(d), 

78.18(a)(4) and Sec. 101.147(r) of this chapter will continue to be co-

primary with the FSS users of this spectrum until June 8, 2010 or until 

the relocation of the fixed service operations, whichever occurs sooner, 

except for operations in the band 19.26-19.3 GHz and low power systems 

operating pursuant to Sec. 101.47(r)(10), which shall operate on a co-

primary basis until October 31, 2011.

    (3) If no agreement is reached during the negotiations pursuant to 

Sec. 101.85(a), an FSS licensee may initiate relocation procedures. 

Under the relocation procedures, the incumbent is required to relocate, 

provided that the FSS licensee meets the conditions of Sec. 101.91.

    (c) Negotiation periods are defined as follows:

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

period.

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

period.



[65 FR 54173, Sept. 7, 2000, as amended at 66 FR 63516, Dec. 7, 2001; 68 

FR 16968, Apr. 8, 2003]