FCC 27.1253 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 27.1253 Sunset Provisions.
(a) BRS licensees will maintain primary status in the 2150–2160/62 MHz band
unless and until an AWS licensee requires use of the spectrum. AWS licensees
are not required to pay relocation costs after the relocation rules sunset (
i.e. fifteen years from the date the first AWS license is issued in the
band). Once the relocation rules sunset, an AWS licensee may require the
incumbent to cease operations, provided that the AWS licensee intends to
turn on a system within interference range of the incumbent, as determined
by Sec. 27.1255. AWS licensee notification to the affected BRS 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 BRS
licensee must turn its license back into the Commission, unless the parties
have entered into an agreement which allows the BRS 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.
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