Goto Section: 101.85 | 101.91 | Table of Contents
FCC 101.89
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 101.89 Negotiations.
(a) The negotiation is triggered by the fixed-satellite service (FSS)
licensee, who must contact the fixed services (FS) licensee and request that
negotiations begin.
(b) Once negotiations have begun, an FS licensee may not refuse to negotiate
and all parties are required to negotiate in good faith. Good faith requires
each party to provide information to the other that is reasonably necessary
to facilitate the relocation process. In evaluating claims that a party has
not negotiated in good faith, the FCC will consider, inter alia, the
following factors:
(1) Whether the FSS licensee has made a bona fide offer to relocate the FS
licensee to comparable facilities in accordance with § 101.91(b);
(2) If the FS licensee has demanded a premium, the type of premium requested
(e.g., whether the premium is directly related to relocation, such as
system-wide relocations and analog-to-digital conversions, versus other
types of premiums), and whether the value of the premium as compared to the
cost of providing comparable facilities is disproportionate (i.e., whether
there is a lack of proportion or relation between the two);
(3) What steps the parties have taken to determine the actual cost of
relocation to comparable facilities;
(4) Whether either party has withheld information requested by the other
party that is necessary to estimate relocation costs or to facilitate the
relocation process.
(c) Any party alleging a violation of our good faith requirement must attach
an independent estimate of the relocation costs in question to any
documentation filed with the Commission in support of its claim. An
independent cost estimate must include a specification for the comparable
facility and a statement of the costs associated with providing that
facility to the incumbent licensee.
(d) Negotiations will commence when the FSS licensee informs the FS licensee
in writing of its desire to negotiate. Negotiations will be conducted with
the goal of providing the FS licensee with comparable facilities, defined as
facilities possessing the following characteristics:
(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 FSS licensee is required to provide the
FS licensee with an equivalent number of 4 kHz voice channels. If digital
facilities are being replaced with digital, the FSS licensee must provide
the FS licensee with equivalent data loading bits per second (bps). FSS
licensees must provide FS licensees with enough throughput to satisfy the FS
licensee's system use at the time of relocation, not match the total
capacity of the FS system.
(2) Reliability. System reliability is the degree to which information is
transferred accurately within a system. FSS licensees must provide FS
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 FS system. FSS licensees must compensate FS licensees for any increased
recurring costs associated with the replacement facilities (e.g., additional
rental payments, increased utility fees) for five years after relocation.
FSS 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 FS licensee must be equivalent to the 18 GHz system in order
for the replacement system to be considered comparable.
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Goto Section: 101.85 | 101.91
Goto Year: 2014 |
2016
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