[Code of Federal Regulations]

[Title 47, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 47CFR101.69]



[Page 621-622]

 

                       TITLE 47--TELECOMMUNICATION

 

        CHAPTER I--FEDERAL COMMUNICATIONS 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)--(c) [Reserved]

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

band



[[Page 622]]



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.

    (g) If no agreement is reached during the mandatory negotiation 

period, 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.



[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; 71 FR 29842, May 24, 2006]