Sec. 101.69  Transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-
          2200 MHz bands from the fixed microwave services to personal 
          communications services and emerging technologies.

    Fixed Microwave Services (FMS) frequencies in the 1850-1990 MHz, 
2110-2150 MHz, and 2160-2200 MHz bands listed in Secs. 101.147(c), (d) 
and (e) have been allocated for use by emerging technology (ET) 
services, including Personal Communications Services (PCS). The rules in 
this section provide for a transition period during which ET licensees 
may relocate existing FMS licensees using these frequencies to other 
media or other fixed channels, including those in other microwave bands.
    (a) ET licensees may negotiate with FMS licensees authorized to use 
frequencies in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz 
bands, for the purpose of agreeing to terms under which the FMS 
licensees would:
    (1) Relocate their operations to other fixed microwave bands or 
other media; or alternatively
    (2) Accept a sharing arrangement with the ET licensee that may 
result in an otherwise impermissible level of interference to the FMS 
operations.
    (b) Except as provided in paragraph (c) of this section, FMS 
operations in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands, 
with the exception of public safety facilities defined in Sec. 101.77, 
will continue to be co-primary with other users of this spectrum until 
two years after the FCC commences acceptance of applications for ET 
services (voluntary negotiation period), and until one year after an ET 
licensee initiates negotiations for relocation of the fixed microwave 
licensee's operations (mandatory negotiation period). In the 1910-1930 
MHz band allocated for unlicensed PCS, FMS operations will continue to 
be co-primary until one year after UTAM, Inc. initiates negotiations for 
relocation of the fixed microwave licensee's operations. Except as 
provided in paragraph (c) of this section, public safety facilities 
defined in Sec. 101.77 will continue to be co-primary in these bands 
until three years after the Commission commences acceptance of 
applications for an emerging technology service (voluntary negotiation 
period), and until two years after an emerging technology service 
licensee or an emerging technology unlicensed equipment supplier or 
representative initiates negotiations for relocation of the fixed 
microwave licensee's operations (mandatory negotiation period). If no 
agreement is reached during either the voluntary or mandatory 
negotiation periods, an ET licensee may initiate involuntary relocation 
procedures. Under involuntary relocation, the incumbent is required to 
relocate, provided that

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the ET licensee meets the conditions of Sec. 101.75.
    (c) Voluntary and mandatory negotiation periods for PCS C, D, E, and 
F blocks are defined as follows:
    (1) Non-public safety incumbents will have a one-year voluntary 
negotiation period and a one-year mandatory negotiation period; and
    (2) Public safety incumbents will have a three-year voluntary 
negotiation period and a two-year mandatory negotiation period.
[ 62 FR 12758 , Mar. 18, 1997]