Sec. 21.50  Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from 
          Domestic Public Fixed Radio Services to emerging technologies.

    (a) Licensees proposing to implement services using emerging 
technologies (ET Licensees) may negotiate with Domestic Public Fixed 
Radio Service licensees (Existing Licensees) in these bands for the 
purpose of agreeing to terms under which the Existing Licensees would 
relocate their operations to other fixed microwave bands or to other 
media, or alternatively, would accept a sharing arrangement with the ET 
Licensee that may result in an otherwise impermissible level of 
interference to the existing licensee's operations. ET Licensees may 
also negotiate agreements for relocation of the Existing Licensees' 
facilities within the 2 GHz band in which all interested parties agree 
to the relocation of the Existing Licensee's facilities elsewhere within 
these bands. ``All interested parties'' includes the incumbent licensee, 
the emerging technology provider or representative requesting and paying 
for the relocation, and any emerging technology licensee of the spectrum 
to which the incumbent's facilities are to be relocated.
    (b) Domestic Public Fixed Radio licensees in bands allocated for 
licensed emerging technology services will maintain primary status in 
these bands until two years after the Commission commences acceptance of 
applications for an emerging technology services, and until one year 
after an emerging technology service licensee initiates negotiations for 
relocation of the fixed microwave licensee's operations or, in bands 
allocated for unlicensed emerging technology services, until one year 
after an emerging technology unlicensed equipment supplier or 
representative initiates negotiations for relocation of the fixed 
microwave licensee's operations. When it is necessary for an emerging 
technology provider or representative of unlicensed device manufacturers 
to negotiate with a fixed microwave licensee with operations in spectrum 
adjacent to that of the emerging technology provider, the transition 
schedule of the entity requesting the move will apply.
    (c) The Commission will amend the operating license of the fixed 
microwave operator to secondary status only if the following 
requirements are met:
    (1) The service applicant, provider, licensee, or representative 
using an emerging technology guarantees payment of all relocation costs, 
including all engineering, equipment, site and FCC fees, as well as any 
reasonable, additional costs that the relocated fixed microwave licensee 
might incur as a result of operation in another fixed microwave band or 
migration to another medium;
    (2) The emerging technology service entity 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; and
    (3) The emerging technology service entity builds the replacement 
system

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and tests it for comparability with the existing 2 GHz system.
    (d) The 2 GHz microwave licensee is not required to relocate until 
the alternative facilities are available to it for a reasonable time to 
make adjustments, determine comparability, and ensure a seamless 
handoff.
    (e) If within one year after the relocation to new facilities the 2 
GHz microwave licensee demonstrates that the new facilities are not 
comparable to the former facilities, the emerging technology service 
entity must remedy the defects or pay to relocate the microwave licensee 
back to its former or equivalent 2 GHz frequencies.
[ 58 FR 46549 , Sept. 2, 1993, as amended at  59 FR 19645 , Apr. 25, 1994]

                     Subpart C--Technical Standards