§  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 § 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 § 90.7 of this chapter, or meets the
   eligibility requirements of § 90.20(a)(2) of this chapter, except for
   § 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]