Sec.  101.79   Sunset provisions for licensees in the 1850–1990 MHz, 2110–2150 MHz,
and 2160–2200 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 (including
   MSS/ATC) 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; or, in the case of the 2180–2200 MHz band, ten years after the
   mandatory negotiation period begins for MSS/ATC 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 (for terrestrial-to-terrestrial situations) or TIA Bulletin
   TSB–86 (for MSS satellite-to-terrestrial situations) or 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;  68 FR 68254 , Dec. 8, 2003]