§ 27.1231   Initiating the transition.

   (a) Transition areas. Unless paragraph (b) of this section applies, the
   transition will occur by Basic Trading Area (BTA). BTAs are based on the
   Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at
   pages  38-39, that identifies 487 BTAs based on the 50 States; it also
   includes the following additional BTA-like areas: American Samoa; Guam;
   Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto Rico; San Juan,
   Puerto Rico; and the United States Virgin Islands, for a total of 493 BTAs.
   The  Mayaguez/Aguadilla-Ponce  BTA-like area consists of the following
   municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, Coamo,
   Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Diaz,
   Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, Patillas, Penuelas,
   Ponce, Quebradillas, Rincon, Sabana Grande, Salinas, San German, Santa
   Isabel, Villalba, and Yauco. The San Juan BTA-like area consists of all
   other municipios in Puerto Rico. The BTA associated with the Gulf of Mexico
   will not be transitioned.

   (b) Overlapping GSAs. When a Geographic Service Area (GSA) overlaps two or
   more BTAs:

   (1) The proponents of the adjacent BTAs may agree on how to transition a GSA
   that overlaps their respective BTAs.

   (2) If an agreement has not been reached between or among the proponents of
   the adjacent BTAs:

   (i) Each proponent must transition all of the facilities associated with the
   GSA that are inside the GSA and inside the proponent's BTA if all of the
   adjacent BTAs are transitioning; or

   (ii) The proponent of the BTA that is transitioning must transition all of
   the facilities associated with the GSA that are within the GSA but outside
   the BTA, if the adjacent BTA is not transitioning.

   (c)(1) Proponent(s). The proponent or co-proponent must:

   (i) Be a BRS or EBS licensee or BRS or EBS lessee;

   (ii) Send a Pre-Transition Data Request (see paragraph (d) of this section)
   and a Transition Notice (see paragraph (e) of this section) to every BRS and
   EBS licensee in the BTA, using the contact information in the Commission's
   Universal Licensing System; and

   (iii)  Be  first to file an Initiation Plan (see paragraph (f) of this
   section) with the Secretary of the Commission.

   (2) Before filing an Initiation Plan, BRS or EBS licensees or BRS or EBS
   lessees may agree to be co-proponents. After the Initiation Plan is filed
   the proponent may accept a co-proponent at its sole discretion.

   (d)  Pre-Transition Data Request. The Pre-Transition Data Request must
   include the potential proponent's full name, postal mailing address, contact
   person, e-mail address, and phone and fax numbers.

   (1) BRS and EBS licensees that receive a Pre-Transition Data Request must
   provide the following information to the potential proponent within 45 days
   of receiving the Pre-Transition Data Request:

   (i) The BRS or EBS licensee's full name, postal mailing address, contact
   person, e-mail address, and phone and fax number.

   (ii) The location (by street address and by geographic coordinates) of every
   constructed  EBS  receive  site that, as of the date of receipt of the
   Pre-Transition Data Request, is entitled to a replacement downconverter (see
   § 27.1233(a)). The response must:

   (A) Specify whether the downconverting antenna is mounted on a structure
   attached to the building or on a free-standing structure;

   (B) Specify the approximate height above ground level of the downconverting
   antenna; and

   (C) Specify, if known, the adjacent channel D/U ratio that can be tolerated
   by any receiver(s) at the receive site.

   (iii) The location (street address and geographic coordinates) of the main
   station or booster serving each EBS receive site entitled to protection,
   including:

   (A) The make and model of the antenna for that main station or booster,
   along  with  the  radiation  pattern  if it is not included within the
   Commission's database;

   (B) The ground elevation, above mean sea level (AMSL), of the building or
   antenna  supporting  structure  on  which  the main station or booster
   transmission antenna is installed;

   (C) The height above ground level (AGL) of the center of radiation of the
   transmission antenna;

   (D) The orientation of the main lobe of the transmission antenna;

   (E) Any mechanical beamtilt or electrical beamtilt not reflected in the
   radiation pattern provided or included within the Commission's database;

   (F) The bandwidth of each channel or subchannel, the emission type for each
   channel or subchannel, and the EIRP measured in the main lobe for each
   channel or subchannel; and

   (G) The make and model of the receive antenna installed at that site, along
   with the radiation pattern if it is not included within the Commission's
   database.

   (iv)  The  number  and identification of EBS video programming or data
   transmission tracks the EBS licensee is entitled to receive in the MBS and
   whether  the  EBS  licensee  will  accept fewer tracks in the MBS (see
   § 27.1233(b)).

   (v) Whether it will seek or has sought a waiver from the Commission as a
   Multichannel Video Programming Distributor (MVPD).

   (2) BRS and EBS licensees that do not respond to the Pre-Transition Data
   Request within 45 days of its receipt may not object to the Transition Plan.

   (e) The Transition Notice. The potential proponent(s) must send a Transition
   Notice to all BRS and EBS licensees in the BTA(s) being transitioned. The
   potential  proponent(s)  must include the following information in the
   Transition Notice:

   (1) The potential proponent(s)'s full name; postal mailing address, contact
   person, e-mail address, and phone and fax numbers;

   (2)  The  identification  of  the  BRS  and EBS licensees that will be
   transitioned;

   (3) Copies of the most recent response to the Pre-Transition Data Request
   for each participant in the process; and

   (4) A certification that the potential proponent(s) has the funds available
   to  pay  the  reasonably expected costs of the transition based on the
   information in the Pre-Transition Data Request.

   (f) Initiation Plan. To initiate a transition, a potential proponent(s) must
   submit an Initiation Plan to the Commission at the Office of the Secretary
   in Washington, DC on or before January 21, 2009.

   (1) An Initiation Plan must contain the following information:

   (i) A list of the BTA(s) that the proponent(s) is transitioning;

   (ii) A list by call sign of all of the BRS and EBS licensees in the BTA(s)
   that are being transitioned;

   (iii) A “best estimate” of when the transition will be completed;

   (iv) A statement indicating that an agreement has been concluded with the
   proponent(s)  of  the  adjoining or adjacent BTA(s) when a licensee or
   licensees in an adjacent or adjoining BTA must be transitioned to avoid
   interference to licensees in the BTA being transitioned, or in lieu of an
   agreement,  the  proponent(s)  may  provide  an  alternative  means of
   transitioning the licensees in an adjacent or adjoining BTA;

   (v) A statement indicating that an agreement has been concluded with another
   proponent(s) on how a BTA will be transitioned when there are two or more
   proponents  seeking  to  transition  the same BTA and they agree to be
   co-proponents before the Initiation Plan is filed, and a statement that
   identifies  the  specific  portion  of  the BTA each proponent will be
   responsible for transitioning; and

   (vi) A certification that the proponent or joint proponents have the funds
   available to pay the reasonable expected costs of the transition based on
   the information contained in the Pre-Transition Data Request (see paragraph
   (d) of this section).

   (2) A proponent, at its own discretion, may withdraw from transitioning a
   BTA by notifying the Commission and all affected BRS and EBS licensees in
   the BTA that it is withdrawing the Initiation Plan.

   (3) A proponent may amend an Initiation Plan after it has been filed with
   the Commission to correct minor or inadvertent errors.

   (g)  MVPD  waiver requests. MVPD licensees that seek to opt-out of the
   transition must seek a waiver within 60 days after the proponent files the
   Initiation Plan or on or before April 30, 2007, whichever occurs first.

   [ 71 FR 35191 , June 19, 2006, as amended at  73 FR 26041 , May 8, 2008]

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