Goto Section: 101.73 | 101.77 | Table of Contents
FCC 101.75
Revised as of October 1, 2010
Goto Year:2009 |
2011
§ 101.75 Involuntary relocation procedures.
(a) If no agreement is reached during the mandatory negotiation period,
an ET licensee may initiate involuntary relocation procedures under the
Commission's rules. ET licensees are obligated to pay to relocated only
the specific microwave links to which their systems pose an
interference problem. Under involuntary relocation, the FMS licensee is
required to relocate, provided that the ET licensee:
(1) Guarantees payment of relocation costs, including all engineering,
equipment, site and FCC fees, as well as any legitimate and prudent
transaction expenses incurred by the FMS licensee that are directly
attributable to an involuntary relocation, subject to a cap of two
percent of the hard costs involved. Hard costs are defined as the
actual costs associated with providing a replacement system, such as
equipment and engineering expenses. ET licensees are not required to
pay FMS licensees for internal resources devoted to the relocation
process. ET licensees are not required to pay for transaction costs
incurred by FMS licensees during the voluntary or mandatory periods
once the involuntary period is initiated, or for fees that cannot be
legitimately tied to the provision of comparable facilities;
(2) Completes all activities necessary for implementing the replacement
facilities, including engineering and cost analysis of the relocation
procedure and, if radio facilities are used, identifying and obtaining,
on the incumbents' behalf, new microwave frequencies and frequency
coordination; and
(3) Builds the replacement system and tests it for comparability with
the existing 2 GHz system.
(b) Comparable facilities. The replacement system provided to an
incumbent during an involuntary relocation must be at least equivalent
to the existing FMS system with respect to the following three factors:
(1) Throughput. Communications throughput is the amount of information
transferred within a system in a given amount of time. If analog
facilities are being replaced with analog, the ET licensee is required
to provide the FMS licensee with an equivalent number of 4 kHz voice
channels. If digital facilities are being replaced with digital, the ET
licensee must provide the FMS licensee with equivalent data loading
bits per second (bps). ET licensees must provide FMS licensees with
enough throughput to satisfy the FMS licensee's system use at the time
of relocation, not match the total capacity of the FMS system.
(2) Reliability. System reliability is the degree to which information
is transferred accurately within a system. ET licensees must provide
FMS licensees with reliability equal to the overall reliability of
their system. For digital data systems, reliability is measured by the
percent of time the bit error rate (BER) exceeds a desired value, and
for analog or digital voice transmissions, it is measured by the
percent of time that audio signal quality meets an established
threshold. If an analog voice system is replaced with a digital voice
system, only the resulting frequency response, harmonic distortion,
signal-to-noise ratio and its reliability will be considered in
determining comparable reliability.
(3) Operating costs. Operating costs are the cost to operate and
maintain the FMS system. ET licensees must compensate FMS licensees for
any increased recurring costs associated with the replacement
facilities ( e.g., additional rental payments, increased utility fees)
for five years after relocation. ET licensees may satisfy this
obligation by making a lump-sum payment based on present value using
current interest rates. Additionally, the maintenance costs to the FMS
licensee must be equivalent to the 2 GHz system in order for the
replacement system to be considered comparable.
(c) The FMS licensee is not required to relocate until the alternative
facilities are available to it for a reasonable time to make
adjustments, determine comparability, and ensure a seamless handoff.
(d) Twelve-month trial period. If, within one year after the relocation
to new facilities, the FMS licensee demonstrates that the new
facilities are not comparable to the former facilities, the ET licensee
must remedy the defects or pay to relocate the microwave licensee to
one of the following: its former or equivalent 2 GHz channels, another
comparable frequency band, a land-line system, or any other facility
that satisfies the requirements specified in paragraph (b) of this
section. This trial period commences on the date that the FMS licensee
begins full operation of the replacement link. If the FMS licensee has
retained its 2 GHz authorization during the trial period, it must
return the license to the Commission at the end of the twelve months.
FMS licensees relocated from the 2110-2150 and 2160-2200 MHz bands may
not be returned to their former 2 GHz channels. All other remedies
specified in paragraph (d) are available to FMS licensees relocated
from the 2110-2150 MHz and 2160-2200 MHz bands, and may be invoked
whenever the FMS licensee demonstrates that its replacement facility is
not comparable, subject to no time limit.
[ 61 FR 29694 , June 12, 1996, as amended at 65 FR 48183 , Aug. 7, 2000;
68 FR 3464 , Jan. 24, 2003; 71 FR 29842 , May 24, 2006]
Goto Section: 101.73 | 101.77
Goto Year: 2009 |
2011
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