Sec.  74.690   Transition of the 1990–2025 MHz band from the Broadcast Auxiliary
Service to emerging technologies.

   (a) New Entrants are collectively defined as those licensees proposing to
   use emerging technologies to implement Mobile Satellite Services in the
   2000–2020 MHz band (MSS licensees), those licensees authorized after July 1,
   2004 to implement new Fixed and Mobile services in the 1990–1995 MHz band,
   and those licensees authorized after September 9, 2004 in the 1995–2000 MHz
   and 2020–2025 MHz bands. New entrants may negotiate with Broadcast Auxiliary
   Service licensees operating on a primary basis and fixed service licensees
   operating on a primary basis in the 1990–2025 MHz band (Existing Licensees)
   for the purpose of agreeing to terms under which the Existing Licensees
   would  relocate  their  operations to the 2025–2110 MHz band, to other
   authorized bands, or to other media; or, alternatively, would discontinue
   use  of the 1990–2025 MHz band. New licensees in the 1995–2000 MHz and
   2020–2025  MHz bands are subject to the specific relocation procedures
   adopted in WT Docket 04–356.

   (b) An Existing Licensee in the 1990–2025 MHz band allocated for licensed
   emerging technology services will maintain primary status in the band until
   the Existing Licensee's operations are relocated by a New Entrant, are
   discontinued under the terms of paragraph (a) of this section, or become
   secondary  under  the terms of paragraph (e)(6) of this section or the
   Existing  Licensee  indicates  to a New Entrant that it declines to be
   relocated.

   (c) The Commission will amend the operating license of the Existing Licensee
   to secondary status only if the following requirements are met:

   (1) The service applicant, provider, licensee, or representative using an
   emerging technology guarantees payment of all relocation costs, including
   all engineering, equipment, site and FCC fees, as well as any reasonable
   additional costs that the relocated Existing Licensee might incur as a
   result of operation in another authorized band or migration to another
   medium;

   (2) The New Entrant completes all activities necessary for implementing the
   replacement facilities, including engineering and cost analysis of the
   relocation procedure and, if radio facilities are used, identifying and
   obtaining, on the incumbents' behalf, new microwave or Local Television
   Transmission Service frequencies and frequency coordination.

   (3)  The  New  Entrant  builds the replacement system and tests it for
   comparability with the existing system.

   (d) The Existing Licensee is not required to relocate until the alternative
   facilities are available to it for a reasonable time to make adjustments,
   determine comparability, and ensure a seamless handoff. If, within one year
   after the relocation to new facilities the Existing Licensee demonstrates
   that the new facilities are not comparable to the former facilities, the New
   Entrant must remedy the defects.

   (e) Subject to the terms of this paragraph (e), the relocation of Existing
   Licensees will be carried out by MSS licensees in the following manner:

   (1) Existing Licensees and MSS licensees may negotiate individually or
   collectively for relocation of Existing Licensees to one of the channel
   plans specified in  Sec. 74.602(a)(3) of this chapter. Parties may not decline to
   negotiate, though Existing Licensees may decline to be relocated.

   (i) MSS licensees must relocate all Existing Licensees in Nielsen Designated
   Market Areas (DMAs) 1–30, as such DMAs existed on September 6, 2000, and all
   fixed stations operating in the 1990–2025 MHz band on a primary basis, prior
   to  beginning operations, except those Existing Licensees that decline
   relocation. Such relocation negotiations shall be conducted as “mandatory
   negotiations,” as that term is used in  Sec. 101.73 of this chapter. If these
   parties  are unable to reach a negotiated agreement, MSS Licensees may
   involuntarily relocate such Existing Licensees and fixed stations after
   December 8, 2004.

   (ii) [Reserve]

   (iii) On the date that the first MSS licensee begins operations in the
   2000–2020 MHz band, a one-year mandatory negotiation period begins between
   MSS licensees and Existing Licensees in Nielsen DMAs 31–210, as such DMAs
   existed on September 6, 2000. After the end of the mandatory negotiation
   period, MSS licensees may involuntary relocate any Existing Licensees with
   which they have been unable to reach a negotiated agreement. As described
   elsewhere in this paragraph (e), MSS Licensees are obligated to relocate
   these Existing Licensees within the specified three- and five-year time
   periods.

   (2) Before negotiating with MSS licensees, Existing Licensees in Nielsen
   Designated Market Areas where there is a BAS frequency coordinator must
   coordinate  and select a band plan for the market area. If an Existing
   Licensee wishes to operate in the 2025–2110 MHz band using the channels
   A03-A07 as specified in the Table in  Sec. 74.602(a) of this part, then all
   licensees  within  that  Existing Licensee's market must agree to such
   operation  and  all  must operate on a secondary basis to any licensee
   operating on the channel plan specified in  Sec. 74.602(a)(3) of this part. All
   negotiations must produce solutions that adhere to the market area's band
   plan.

   (3)–(4) [Reserved]

   (5) As of the date the first MSS licensee begins operations in the 1990–2025
   MHz band, MSS Licensees must relocate Existing Licensees in DMAs 31–100, as
   they  existed  as of September 6, 2000, within three years, and in the
   remaining DMAs, as they existed as of September 6, 2000, within five years.

   (6) On December 9, 2013, all Existing Licensees will become secondary in the
   1990–2025  MHz band. Upon written demand by any MSS licensee, Existing
   Licensees must cease operations in the 1990–2025 MHz band within six months.

   [ 65 FR 48180 , Aug. 7, 2000, as amended at  67 FR 53756 , Aug. 19, 2002;  68 FR 68252 , Dec. 8, 2003;  69 FR 62621 , Oct. 27, 2004;  69 FR 67836 , Nov. 22, 2004]

Subpart G—Low Power TV, TV Translator, and TV Booster Stations