Goto Section: 27.1251 | 27.1253 | Table of Contents
FCC 27.1252
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 27.1252 Involuntary Relocation Procedures.
(a) If no agreement is reached during the mandatory negotiation period, an
AWS licensee may initiate involuntary relocation procedures under the
Commission's rules. AWS licensees are obligated to pay to relocate BRS
systems to which the AWS system poses an interference problem. Under
involuntary relocation, the BRS licensee is required to relocate, provided
that the AWS 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 BRS 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. There is no cap on the actual costs of relocation. AWS
licensees are not required to pay BRS licensees for internal resources
devoted to the relocation process. AWS licensees are not required to pay for
transaction costs incurred by BRS licensees during the mandatory period once
the involuntary period is initiated, or for fees that cannot be legitimately
tied to the provision of comparable facilities; and
(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.
(b) Comparable facilities. The replacement system provided to an incumbent
during an involuntary relocation must be at least equivalent to the existing
BRS 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. System is defined as
a base station and all end user units served by that base station. If analog
facilities are being replaced with analog, the AWS licensee is required to
provide the BRS licensee with a comparable number of channels. If digital
facilities are being replaced with digital, the AWS licensee must provide
the BRS licensee with equivalent data loading bits per second (bps). AWS
licensees must provide BRS licensees with enough throughput to satisfy the
BRS licensee's system use at the time of relocation, not match the total
capacity of the BRS system.
(2) Reliability. System reliability is the degree to which information is
transferred accurately within a system. AWS licensees must provide BRS
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
video transmissions, it is measured by whether the end-to-end transmission
delay is within the required delay bound.
(3) Operating costs. Operating costs are the cost to operate and maintain
the BRS system. AWS licensees must compensate BRS licensees for any
increased recurring costs associated with the replacement facilities (e.g.,
additional rental payments, increased utility fees) for five years after
relocation. AWS 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 BRS licensee must be equivalent to the replaced
system in order for the replacement system to be considered comparable.
(c) AWS licensees are responsible for the relocation costs of end user units
served by the BRS base station that is being relocated. If a lessee is
operating under a BRS license, the AWS licensee shall on the throughput,
reliability, and operating costs of facilities in use by a lessee at the
time of relocation in determining comparable facilities for involuntary
relocation purposes.
(d) Twelve-month trial period. If, within one year after the relocation to
new facilities, the BRS licensee demonstrates that the new facilities are
not comparable to the former facilities, the AWS licensee must remedy the
defects or pay to relocate the BRS 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 BRS licensee begins full operation of the replacement
system. If the BRS 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.
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Goto Section: 27.1251 | 27.1253
Goto Year: 2014 |
2016
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