Sec.  27.1255   Relocation Criteria for Broadband Radio Service Licensees in the
2150–2160/62 MHz band.

   (a)  An AWS licensee in the 2150–2160/62 MHz band, prior to initiating
   operations  from  any  base or fixed station that is co-channel to the
   2150–2160/62 MHz band, must relocate any incumbent BRS system that is within
   the line of sight of the AWS licensee's base or fixed station. For purposes
   of this section, a determination of whether an AWS facility is within the
   line of sight of a BRS system will be made as follows:

   (1) For a BRS system using the 2150–2160/62 MHz band exclusively to provide
   one-way  transmissions to subscribers, the AWS licensee will determine
   whether  there  is  an unobstructed signal path (line of sight) to the
   incumbent licensee's geographic service area (GSA), based on the following
   criteria: use of 9.1 meters (30 feet) for the receiving antenna height, use
   of  the  actual transmitting antenna height and terrain elevation, and
   assumption of 4/3 Earth radius propagation conditions. Terrain elevation
   data  must be obtained from the U.S. Geological Survey (USGS) 3-second
   database. All coordinates used in carrying out the required analysis shall
   be based upon use of NAD–83.

   (2) For all other BRS systems using the 2150–2160/62 MHz band, the AWS
   licensee will determine whether there is an unobstructed signal path (line
   of sight) to the incumbent licensee's receive station hub using the method
   prescribed in “Methods for Predicting Interference from Response Station
   Transmitters and to Response Station Hubs and for Supplying Data on Response
   Station Systems. MM Docket 97–217,” in Amendment of Parts 1, 21 and 74 to
   Enable Multipoint Distribution Service and Instructional Television Fixed
   Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No.
   97–217, Report and Order on Further Reconsideration and Further Notice of
   Proposed Rulemaking, 15 FCC Rcd 14566 at 14610, Appendix D.

   (b)  Any AWS licensee in the 2110–2180 MHz band that causes actual and
   demonstrable interference to a BRS licensee in the 2150–2160/62 MHz band
   must take steps to eliminate the harmful interference, up to and including
   relocation of the BRS licensee, regardless of whether it would be required
   to do so under paragraph (a), of this section.

Subpart N—700 MHz Public/Private Partnership

   Source:    72 FR 48854 , Aug. 24, 2007, unless otherwise noted.