Sec.  101.77   Public safety licensees in the 1850–1990 MHz, 2110–2150 MHz, and
2160–2200 MHz bands.

   (a)  In  order for public safety licensees to qualify for a three year
   mandatory negotiation period as defined in  Sec. 101.69(d)(2), the department
   head  responsible for system oversight must certify to the ET licensee
   requesting relocation that:

   (1)  The agency is a Police licensee, a Fire Licensee, or an Emergency
   Medical  Licensee  as  defined  in  Sec. 90.7 of this chapter, or meets the
   eligibility  requirements  of  Sec. 90.20(a)(2) of this chapter, except for
    Sec. 90.20(a)(2)(ii) of this chapter, or that it is a licensee of other part 101
   facilities licensed on a primary basis under the eligibility requirements of
   part 90, subpart B of this chapter; and

   (2)  The majority of communications carried on the facilities at issue
   involve safety of life and property.

   (b) A public safety licensee must provide certification within thirty (30)
   days of a request from a ET licensee, or the ET licensee may presume that
   special treatment is inapplicable. If a public safety licensee falsely
   certifies to an ET licensee that it qualifies for the extended time periods,
   this  licensee will be in violation of the Commission's rules and will
   subject to appropriate penalties, as well as immediately subject to the
   non-public safety time periods.

   [ 61 FR 29695 , June 12, 1996, as amended at  62 FR 12758 , Mar. 18, 1997;  62 FR 18936 , Apr. 17, 1997;  71 FR 29842 , May 24, 2006]