§  27.1253   Sunset Provisions.

   (a) BRS licensees will maintain primary status in the 2150-2160/62 MHz
   band unless and until an AWS licensee requires use of the spectrum. AWS
   licensees are not required to pay relocation costs after the relocation
   rules sunset ( i.e. fifteen years from the date the first AWS license
   is issued in the band). Once the relocation rules sunset, an AWS
   licensee may require the incumbent to cease operations, provided that
   the AWS licensee intends to turn on a system within interference range
   of the incumbent, as determined by §  27.1255. AWS licensee notification
   to the affected BRS licensee must be in writing and must provide the
   incumbent with no less than six months to vacate the spectrum. After
   the six-month notice period has expired, the BRS licensee must turn its
   license back into the Commission, unless the parties have entered into
   an agreement which allows the BRS licensee to continue to operate on a
   mutually agreed upon basis.

   (b) If the parties cannot agree on a schedule or an alternative
   arrangement, requests for extension will be accepted and reviewed on a
   case-by-case basis. The Commission will grant such extensions only if
   the incumbent can demonstrate that:

   (1) It cannot relocate within the six-month period ( e.g. , because no
   alternative spectrum or other reasonable option is available); and

   (2) The public interest would be harmed if the incumbent is forced to
   terminate operations.

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