§  101.69   Transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz
bands from the fixed microwave services to personal communications services
and emerging technologies.

   Fixed Microwave Services (FMS) in the 1850-1990 MHz, 2110-2150 MHz, and
   2160-2200 MHz bands have been allocated for use by emerging technology
   (ET) services, including Personal Communications Services (PCS),
   Advanced Wireless Services (AWS), and Mobile Satellite Services (MSS).
   The rules in this section provide for a transition period during which
   ET licensees may relocate existing FMS licensees using these
   frequencies to other media or other fixed channels, including those in
   other microwave bands.

   (a) ET licensees may negotiate with FMS licensees authorized to use
   frequencies in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz
   bands, for the purpose of agreeing to terms under which the FMS
   licensees would:

   (1) Relocate their operations to other fixed microwave bands or other
   media; or alternatively

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

   (b)-(c) [Reserved]

   (d) Relocation of FMS licensees in the 2110-2150 and 2160-2200 MHz band
   will be subject to mandatory negotiations only. Except as provided in
   paragraph (e) of this section, mandatory negotiation periods are
   defined as follows:

   (1) Non-public safety incumbents will have a two-year mandatory
   negotiation period; and

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

   (e) Relocation of FMS licensees by Mobile-Satellite Service (MSS)
   licensees, including MSS licensees providing Ancillary Terrestrial
   Component (ATC) service, will be subject to mandatory negotiations
   only. Mandatory negotiation periods that are triggered in the first
   instance by MSS/ATC licensees are defined as follows:

   (1) The mandatory negotiation period for non-public safety incumbents
   will end December 8, 2004.

   (2) The mandatory negotiation period for public safety incumbents will
   end December 8, 2005.

   (f) AWS licensees operating in the 1910-1920 MHz and 2175-2180 MHz
   bands will follow the requirements and procedures set forth in ET
   Docket No. 00-258 and WT Docket No. 04-356.

   (g) If no agreement is reached during the mandatory negotiation period,
   an ET licensee may initiate involuntary relocation procedures. Under
   involuntary relocation, the incumbent is required to relocate, provided
   that the ET licensee meets the conditions of § 101.75.

   [ 62 FR 12758 , Mar. 18, 1997, as amended at  65 FR 48182 , Aug. 7, 2000;
    68 FR 3464 , Jan. 24, 2003;  68 FR 68253 , Dec. 8, 2003;  69 FR 62622 , Oct.
   27, 2004;  71 FR 29842 , May 24, 2006]