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) in the 1850–1990 MHz, 2110–2150 MHz, and
   2160–2200 MHz bands have been allocated for use by emerging technology (ET)
   services, including Personal Communications Services (PCS), Advanced
   Wireless Services (AWS), and Mobile Satellite Services (MSS). 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) and (f) 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 service (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 1920–1930 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 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.

   (d) Relocation of FMS licensees in the 2110–2150 and 2160–2200 MHz band will
   be subject to mandatory negotiations only. Except as provided in paragraph
   (e) of this section, mandatory negotiation periods are defined as follows:

   (1) Non-public safety incumbents will have a two-year mandatory negotiation
   period; and

   (2) Public safety incumbents will have a three-year mandatory negotiation
   period.

   (e) Relocation of FMS licensees by Mobile-Satellite Service (MSS) licensees,
   including MSS licensees providing Ancillary Terrestrial Component (ATC)
   service, will be subject to mandatory negotiations only. Mandatory
   negotiation periods that are triggered in the first instance by MSS/ATC
   licensees are defined as follows:

   (1) The mandatory negotiation period for non-public safety incumbents will
   end December 8, 2004.

   (2) The mandatory negotiation period for public safety incumbents will end
   December 8, 2005.

   (f) AWS licensees operating in the 1910–1920 MHz and 2175–2180 MHz bands
   will follow the requirements and procedures set forth in ET Docket No.
   00–258 and WT Docket No. 04–356.

   [ 62 FR 12758 , Mar. 18, 1997, as amended at  65 FR 48182 , Aug. 7, 2000;  68 FR 3464 , Jan. 24, 2003;  68 FR 68253 , Dec. 8, 2003;  69 FR 62621 , Nov. 26, 2004]