[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: 47CFR101.95]



[Page 629]

 

                       TITLE 47--TELECOMMUNICATION

 

        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)

 

PART 101_FIXED MICROWAVE SERVICES--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec.  101.95  Sunset provisions for licensees in the 18.30-19.30 GHz band.



    (a) FSS licensees are not required to pay relocation costs after the 

relocation rules sunset (see Sec. Sec.  74.502(c), 74.602(g), and 

78.18(a)(4) of this chapter, and Sec.  101.147 (a) and (r)). Once the 

relocation rules sunset, an FSS licensee may require the incumbent to 

cease operations, provided that the FSS licensee intends to turn on a 

system within interference range of the incumbent, as determined by TIA 

Bulletin 10-F or any standard successor. FSS licensee notification to 

the affected FS 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 FS licensee must turn its 

license back into the Commission, unless the parties have entered into 

an agreement which allows the FS licensee to continue to 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).