Goto Section: 101.67 | 101.71 | Table of Contents
FCC 101.69
Revised as of October 1, 2008
Goto Year:2007 |
2009
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]
Goto Section: 101.67 | 101.71
Goto Year: 2007 |
2009
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