Sec.  27.5   Frequencies.

   

   (a)  2305-2320  MHz and 2345-2360 MHz bands. The following frequencies
   are available for WCS in the 2305-2320 MHz and 2345-2360 MHz bands:

   (1)  Two paired channel blocks are available for assignment on a Major
   Economic Area basis as follows:

   Block A: 2305-2310 and 2350-2355 MHz; and

   Block B: 2310-2315 and 2355-2360 MHz.

   (2)  Two  unpaired  channel  blocks  are available for assignment on a
   Regional Economic Area Grouping basis as follows:

   Block C: 2315-2320 MHz; and

   Block D: 2345-2350 MHz.

   (b)  746-764  MHz and 776-794 MHz bands. The following frequencies are
   available  for  licensing pursuant to this part in the 746-764 MHz and
   776-794 MHz bands:

   (1)  Two  paired  channels  of  1  megahertz  each  are  available for
   assignment  solely  to  Guard  band managers. Block A: 746-747 MHz and
   776-777 MHz.

   (2)  Two  paired  channels  of  2  megahertz  each  are  available for
   assignment  solely  to  Guard  band managers. Block B: 762-764 MHz and
   792-794 MHz.

   (3)  Two  paired  channels  of  5  megahertz  each  are  available for
   assignment. Block C: 747-752 MHz and 777-782 MHz.

   (4)  Two  paired  channels  of  10  megahertz  each  are available for
   assignment. Block D: 752-762 MHz and 782-792 MHz.

   (c)  698-746  MHz  band.  The  following frequencies are available for
   licensing pursuant to this part in the 698-746 MHz band:

   (1) Three paired channel blocks of 12 megahertz each are available for
   assignment as follows:

   Block A: 698-704 MHz and 728-734 MHz;

   Block B: 704-710 MHz and 734-740 MHz; and

   Block C: 710-716 MHz and 740-746 MHz.

   (2)  Two unpaired channel blocks of 6 megahertz each are available for
   assignment as follows:

   Block D: 716-722 MHz; and

   Block E: 722-728 MHz.

   (d)  1390-1392  MHz  band.  The  1390-1392  MHz  band is available for
   assignment on a Major Economic Area basis.

   (e) The paired 1392-1395 and 1432-1435 MHz bands. The paired 1392-1395
   MHz  and  1432-1435  MHz  bands  are  available  for  assignment on an
   Economic  Area Grouping basis as follows: Block A: 1392-1393.5 MHz and
   1432-1433.5 MHz; and Block B: 1393.5-1395 MHz and 1433.5-1435 MHz.

   (f)  1670-1675  MHz  band.  The  1670-1675  MHz  band is available for
   assignment on a nationwide basis.

   (g) [Reserved]

   (h)  1710-1755  MHz and 2110-2155 MHz bands. The following frequencies
   are available for licensing pursuant to this part in the 1710-1755 MHz
   and 2110-2155 MHz bands:

   (1)  Two  paired channel blocks of 10 megahertz each are available for
   assignment as follows:

   Block A: 1710-1720 MHz and 2110-2120 MHz; and

   Block B: 1720-1730 MHz and 2120-2130 MHz.

   (2)  Two  paired  channel blocks of 5 megahertz each are available for
   assignment as follows:

   Block C: 1730-1735 MHz and 2130-2135 MHz; and

   Block D: 1735-1740 MHz and 2135-2140 MHz.

   (3)  One  paired  channel  block of 15 megahertz each is available for
   assignment as follows:

   Block E: 1740-1755 MHz and 2140-2155 MHz.

   (i) Frequency assignments for the BRS/EBS band.

   (1) Pre-transition frequency assignments.

   BRS Channel 1: 2150-2156 MHz

   BRS Channel 2: 2156-2162 MHz

   BRS Channel 2A: 2156-2160 MHz

   EBS Channel A1: 2500-2506 MHz

   EBS Channel B1: 2506-2512 MHz

   EBS Channel A2: 2512-2518 MHz

   EBS Channel B2: 2518-2524 MHz

   EBS Channel A3: 2524-2530 MHz

   EBS Channel B3: 2530-2536 MHz

   EBS Channel A4: 2536-2542 MHz

   EBS Channel B4: 2542-2548 MHz

   EBS Channel C1: 2548-2554 MHz

   EBS Channel D1: 2554-2560 MHz

   EBS Channel C2: 2560-2566 MHz

   EBS Channel D2: 2566-2572 MHz

   EBS Channel C3: 2572-2578 MHz

   EBS Channel D3: 2578-2584 MHz

   EBS Channel C4: 2584-2590 MHz

   EBS Channel D4: 2590-2596 MHz

   BRS Channel E1: 2596-2602 MHz

   BRS Channel F1: 2602-2608 MHz

   BRS Channel E2: 2608-2614 MHz

   BRS Channel F2: 2614-2620 MHz

   BRS Channel E3: 2620-2626 MHz

   BRS Channel F3: 2626-2632 MHz

   BRS Channel E4: 2632-2638 MHz

   BRS Channel F4: 2638-2644 MHz

   EBS Channel G1: 2644-2650 MHz

   BRS Channel H1: 2650-2656 MHz

   EBS Channel G1: 2656-2662 MHz

   BRS Channel H1: 2662-2668 MHz

   EBS Channel G1: 2668-2674 MHz

   BRS Channel H1: 2674-2680 MHz

   EBS Channel G1: 2680-2686 MHz

   I Channels: 2686-2690 MHz

   (2)  Post  transition frequency assignments. The frequencies available
   in the Broadband Radio Service (BRS) and Educational Broadband Service
   (EBS)  are  listed  in  this  section in accordance with the frequency
   allocations table of Sec. 2.106 of this chapter.

   (i)  Lower Band Segment (LBS): The following channels shall constitute
   the Lower Band Segment:

   BRS Channel 1: 2496-2502 MHz

   EBS Channel A1: 2502-2507.5 MHz

   EBS Channel A2: 2507.5-2513 MHz

   EBS Channel A3: 2513-2518.5 MHz

   EBS Channel B1: 2518.5-2524 MHz

   EBS Channel B2: 2524-2529.5 MHz

   EBS Channel B3: 2529.5-2535 MHz

   EBS Channel C1: 2535-2540.5 MHz

   EBS Channel C2: 2540.5-2546 MHz

   EBS Channel C3: 2546-2551.5 MHz

   EBS Channel D1: 2551.5-2557 MHz

   EBS Channel D2: 2557-2562.5 MHz

   EBS Channel D3: 2562.5-2568 MHz

   EBS Channel JA1: 2568.00000-2568.33333 MHz

   EBS Channel JA2: 2568.33333-2568.66666 MHz

   EBS Channel JA3: 2568.66666-2569.00000 MHz

   EBS Channel JB1: 2569.00000-2569.33333 MHz

   EBS Channel JB2: 2569.33333-2569.66666 MHz

   EBS Channel JB3: 2569.66666-2570.00000 MHz

   EBS Channel JC1: 2570.00000-2570.33333 MHz

   EBS Channel JC2: 2570.33333-2570.66666 MHz

   EBS Channel JC3: 2570.66666-2571.00000 MHz

   EBS Channel JD1: 2571.00000-2571.33333 MHz

   EBS Channel JD2: 2571.33333-2571.66666 MHz

   EBS Channel JD3: 2571.66666-2572.00000 MHz

   (ii)   Middle   Band  Segment  (MBS):  The  following  channels  shall
   constitute the Middle Band Segment:

   EBS Channel A4: 2572-2578 MHz

   EBS Channel B4: 2578-2584 MHz

   EBS Channel C4: 2584-2590 MHz

   EBS Channel D4: 2590-2596 MHz

   EBS Channel G4: 2596-2602 MHz

   BRS Channel F4: 2602-2608 MHz

   BRS Channel E4: 2608-2614 MHz

   (iii)   Upper   Band  Segment  (UBS):  The  following  channels  shall
   constitute the Upper Band Segment:

   BRS Channel KH1: 2614.00000-2614.33333 MHz

   BRS Channel KH2: 2614.33333-2614.66666 MHz

   BRS Channel KH3: 2614.66666-2615.00000 MHz

   EBS Channel KG1: 2615.00000-2615.33333 MHz

   EBS Channel KG2: 2615.33333-2616.66666 MHz

   EBS Channel KG3: 2615.66666-2616.00000 MHz

   BRS Channel KF1: 2616.00000-2616.33333 MHz

   BRS Channel KF2: 2616.33333-2616.66666 MHz

   BRS Channel KF3: 2616.66666-2617.00000 MHz

   BRS Channel KE1: 2617.00000-2617.33333 MHz

   BRS Channel KE2: 2617.33333-2617.66666 MHz

   BRS Channel KE3: 2617.66666-2618.00000 MHz

   BRS Channel 2: 2618-2624 MHz

   BRS Channel E1: 2624-2629.5 MHz

   BRS Channel E2: 2629.5-2635 MHz

   BRS Channel E3: 2635-2640.5 MHz

   EBS Channel F1: 2640.5-2646 MHz

   EBS Channel F2: 2646-2651.5 MHz

   EBS Channel F3: 2651.5-2657 MHz

   BRS Channel H1: 2657-2662.5 MHz

   BRS Channel H2: 2662.5-2668 MHz

   BRS Channel H3: 2668-2673.5 MHz

   BRS Channel G1: 2673.5-2679 MHz

   BRS Channel G2: 2679-2684.5 MHz

   BRS Channel G3: 2684.5-2690 MHz

   Note  to  paragraph  (i)(2):  No  125  kHz  channels  are provided for
   channels in operation in this service. The 125 kHz channels previously
   associated  with these channels have been reallocated to Channel H3 in
   the upper band segment.

   (3) Frequencies will be assigned as follows:

   (i) An EBS licensee is limited to the assignment of no more than one 6
   MHz channel in the MBS and three channels in the LBS or UBS for use in
   a  single  area  of  operation.  Applicants  shall  not apply for more
   channels  than  they  intend  to  construct  within a reasonable time,
   simply for the purpose of reserving additional channels. The number of
   channels authorized to an applicant will be based on the demonstration
   of need for the number of channels requested. The Commission will take
   into  consideration such factors as the amount of use of any currently
   assigned  channels  and  the  amount  of  proposed use of each channel
   requested, the amount of, and justification for, any repetition in the
   schedules,  and  the  overall  demand  and  availability  of broadband
   channels  in  the  community. For those applicant organizations formed
   for  the  purpose  of serving accredited institutional or governmental
   organizations,  evaluation  of  the need will only consider service to
   those    specified    receive   sites   which   submitted   supporting
   documentation.

   (ii)  An  applicant  leasing  excess capacity and proposing a schedule
   which  complies  in all respects with the requirements of Sec. 1.9047 will
   have  presumptively  demonstrated need for no more than four channels.
   This  presumption  is rebuttable by demonstrating that the application
   does not propose to comport with our educational usage requirements as
   defined in Sec. 27.1203, and to transmit the requisite minimum educational
   usage of Sec. 1.9047 of this chapter for genuinely educational purposes.

   (4)  A  temporary  fixed  broadband  station  may  use  any  available
   broadband  channel  on  a  secondary  basis,  except that operation of
   temporary  fixed  broadband stations is not allowed within 56.3 km (35
   miles) of Canada.

   (5)(i)   A   point-to-point   EBS  station  on  the  E  and  F-channel
   frequencies,  may  be  involuntarily  displaced  by a BRS applicant or
   licensee, provided that suitable alternative spectrum is available and
   that  the  BRS entity bears the expenses of the migration. Suitability
   of  spectrum will be determined on a case-by-base basis; at a minimum,
   the  alternative spectrum must be licensable by broadband operators on
   a primary basis (although it need not be specifically allocated to the
   broadband  service),  and  must provide a signal that is equivalent to
   the  prior  signal  in  picture  quality  and  reliability, unless the
   broadband licensee will accept an inferior signal. Potential expansion
   of   the  BRS  licensee  may  be  considered  in  determining  whether
   alternative available spectrum is suitable.

   (ii) If suitable alternative spectrum is located pursuant to paragraph
   (h)(6)(i)  of this section, the initiating party must prepare and file
   the   appropriate   application   for   the  new  spectrum,  and  must
   simultaneously  serve a copy of the application on the EBS licensee to
   be  moved.  The  initiating  party  will  be responsible for all costs
   connected  with  the  migration,  including  purchasing,  testing  and
   installing  new  equipment,  labor  costs, reconfiguration of existing
   equipment,   administrative  costs,  legal  and  engineering  expenses
   necessary  to  prepare  and  file the migration application, and other
   reasonable  documented  costs. The initiating party must secure a bond
   or  establish  an  escrow  account  to  cover  reasonable  incremental
   increase in ongoing expenses that may fall upon the migrated licensee.
   The  bond  or  escrow  account should also account for the possibility
   that the initiating party subsequently becomes bankrupt. If it becomes
   necessary  for  the  Commission to assess the sufficiency of a bond or
   escrow  amount,  it  will  take into account such factors as projected
   incremental  increase  in  electricity  or  maintenance  expenses,  or
   relocation expenses, as relevant in each case.

   (iii)  The EBS licensee to be moved will have a 60-day period in which
   to  oppose the involuntary migration. The broadband party should state
   its   opposition   to   the   migration  with  specificity,  including
   engineering and other challenges, and a comparison of the present site
   and  the  proposed  new site. If involuntary migration is granted, the
   new facilities must be operational before the initiating party will be
   permitted  to begin its new or modified operations. The migration must
   not  disrupt  the  broadband  licensee's provision of service, and the
   broadband  licensee  has  the  right  to  inspect  the construction or
   installation work.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  65 FR 3145 , Jan. 20, 2000;  65 FR 17602 ,  Apr.  4, 2000;  67 FR 5510 , Feb. 6, 2002;  67 FR 41854 , June
   20,  2002;  69 FR 5714 , Feb. 6, 2004;  69 FR 72032 , Dec. 10, 2004;  69 FR 77950 , Dec. 29, 2004]