Sec.  27.1216   Grandfathered E and F group EBS licenses.

   (a) Except as noted in paragraph (b) of this section, grandfathered EBS
   licensees  authorized to operate E and F group co-channel licenses are
   granted a geographic service area (GSA) on July 19, 2006. The GSA is the
   area  bounded  by a circle having a 35 mile radius and centered at the
   station's  reference coordinates, and is bounded by the chord(s) drawn
   between intersection points of that circle and those of respective adjacent
   market, co-channel licensees.

   (b) If there is more than 50 percent overlap between the calculated GSA of a
   grandfathered EBS license and the protected service area of a co-channel BRS
   license, the licensees shall not be immediately granted a geographic service
   area. Instead, the grandfathered EBS license and the co-channel BRS licensee
   must negotiate in good faith to reach a solution that accommodates the
   communication needs of both licensees. If the co-channel licensees reach a
   mutually agreeable solution on or before October 17, 2006, then the GSA of
   each co-channel license shall be as determined pursuant to the agreement of
   the parties. If a mutually agreeable solution between co-channel licensees
   is not reached on or before October 17, 2006, then each co-channel licensee
   shall receive a GSA determined pursuant to paragraph (a) of this section and
    Sec. 27.1206(a).

   [ 71 FR 35191 , June 16, 2006]