§  101.85   Transition of the 18.3–19.3 GHz band from the terrestrial fixed
services to the fixed-satellite service (FSS).

   Fixed services (FS) frequencies in the 18.3–19.3 GHz bands listed in
   § § 21.901(e), 74.502(c), 74.602(g), and 78.18(a)(4) and § 101.147(a) and
   (r) of this chapter have been allocated for use by the fixed-satellite
   service (FSS). The rules in this section provide for a transition
   period during which FSS licensees may relocate existing FS licensees
   using these frequencies to other frequency bands, media or facilities.

   (a) FSS licensees may negotiate with FS licensees authorized to use
   frequencies in the 18.3–19.30 GHz bands for the purpose of agreeing to
   terms under which the FS licensees would:

   (1) Relocate their operations to other frequency bands, media or
   facilities; or alternatively

   (2) Accept a sharing arrangement with the FSS licensee that may result
   in an otherwise impermissible level of interference to the FSS
   operations.

   (b)(1) FS operations in the 18.3–18.58 GHz band that remain co-primary
   under the provisions of § § 21.901(e), 74.502(c), 74.602(d), 78.18(a)(4)
   and 101.147(r) of this chapter will continue to be co-primary with the
   FSS users of this spectrum until November 19, 2012 or until the
   relocation of the fixed service operations, whichever occurs sooner.

   (2) FS operations in the 18.58–19.3 GHz band that remain co-primary
   under the provisions of § § 21.901(e), 74.502(c), 74.602(d), 78.18(a)(4)
   and 101.147(r) of this chapter will continue to be co-primary with the
   FSS users of this spectrum until June 8, 2010 or until the relocation
   of the fixed service operations, whichever occurs sooner, except for
   operations in the band 19.26–19.3 GHz and low power systems operating
   pursuant to § 101.47(r)(10), which shall operate on a co-primary basis
   until October 31, 2011.

   (3) If no agreement is reached during the negotiations pursuant to
   § 101.85(a), an FSS licensee may initiate relocation procedures. Under
   the relocation procedures, the incumbent is required to relocate,
   provided that the FSS licensee meets the conditions of § 101.91.

   (c) Negotiation periods are defined as follows:

   (1) Non-public safety incumbents will have a two-year negotiation
   period.

   (2) Public safety incumbents will have a three-year negotiation period.

   [ 65 FR 54173 , Sept. 7, 2000, as amended at  66 FR 63516 , Dec. 7, 2001;
    68 FR 16968 , Apr. 8, 2003]