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 licensee
   (including MSS/ATC operator) requires use of the spectrum. ET licensees are
   not required to pay relocation costs after the relocation rules sunset. 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 TSB 10–F
   (for  terrestrial-to-terrestrial  situations)  or  TIA 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 operate on a
   mutually agreed upon basis. The date that the relocation rules sunset is
   determined as follows:

   (1) For the 2110–2150 MHz and 2160–2175 MHz and 2175–2180 MHz bands, ten
   years after the first ET license is issued in the respective band; and

   (2) For the 2180–2200 MHz band, December 8, 2013 ( i.e. , ten years after
   the  mandatory  negotiation period begins for MSS/ATC operators in the
   service).

   (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;  71 FR 29842 , May 24, 2006]