Sec. 101.79  Sunset provisions for licensees in the 1850-1990 MHz, 2110-
          2150 MHz, and 2150-2160 MHz bands.

    (a) FMS licensees will maintain primary status in the 1850-1990 MHz, 
2110-2150 MHz, and 2160-2200 MHz bands unless and until an ET licensee 
requires use of the spectrum. ET licensees are not required to pay 
relocation costs after the relocation rules sunset (i.e. ten years after 
the voluntary period begins for the first ET licensees in the service). 
Once the relocation rules sunset, an ET licensee may require the 
incumbent to cease operations, provided that the ET licensee intends to 
turn on a system within interference range of the incumbent, as 
determined by TIA Bulletin 10-F of any standard successor. ET licensee 
notification to the affected FMS licensee must be in writing and must 
provide the incumbent with no less than six months to vacate the 
spectrum. After the six-month notice period has expired, the FMS 
licensee must turn its license back into the Commission, unless the 
parties have entered into an agreement which allows the FMS licensee to 
continue to operate on a mutually agreed upon basis.
    (b) If the parties cannot agree on a schedule or an alternative 
arrangement, requests for extension will be accepted and reviewed on a 
case-by-case basis. The Commission will grant such extensions only if 
the incumbent can demonstrate that:
    (1) It cannot relocate within the six-month period (e.g., because no 
alternative spectrum or other reasonable option is available), and;
    (2) The public interest would be harmed if the incumbent is forced 
to terminate operations (e.g., if public safety communications services 
would be disrupted).
[ 61 FR 29695 , June 12, 1996, as amended at  62 FR 12758 , Mar. 18, 1997]

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