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 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]