FCC 101.95 Revised as of October 1, 2007
Goto Year:2006 |
2008
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).
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