§  27.1216   Grandfathered E and F group EBS licenses.

   (a) Except as noted in paragraph (b) of this section, grandfathered EBS
   licensees authorized to operate E and F group co-channel licenses are
   granted a geographic service area (GSA) on July 19, 2006. The GSA is
   the area bounded by a circle having a 35 mile radius and centered at
   the station's reference coordinates, and is bounded by the chord(s)
   drawn between intersection points of that circle and those of
   respective adjacent market, co-channel licensees.

   (b) If there is more than 50 percent overlap between the calculated GSA
   of a grandfathered EBS license and the protected service area of a
   co-channel BRS license, the licensees shall not be immediately granted
   a geographic service area. Instead, the grandfathered EBS license and
   the co-channel BRS licensee must negotiate in good faith to reach a
   solution that accommodates the communication needs of both licensees.
   If the co-channel licensees reach a mutually agreeable solution on or
   before October 17, 2006, then the GSA of each co-channel license shall
   be as determined pursuant to the agreement of the parties. If a
   mutually agreeable solution between co-channel licensees is not reached
   on or before October 17, 2006, then each co-channel licensee shall
   receive a GSA determined pursuant to paragraph (a) of this section and
   § 27.1206(a).

   [ 71 FR 35191 , June 16, 2006]