Sec.  101.95   Sunset provisions for licensees in the 18.30–19.30 GHz band.

   (a) FSS licensees are not required to pay relocation costs after the
   relocation rules sunset (see  Sec.  Sec. 74.502(c), 74.602(g), and 78.18(a)(4) of this
   chapter, and  Sec. 101.147 (a) and (r)). Once the relocation rules sunset, an FSS
   licensee may require the incumbent to cease operations, provided that the
   FSS licensee intends to turn on a system within interference range of the
   incumbent, as determined by TIA Bulletin 10–F or any standard successor. FSS
   licensee notification to the affected FS 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 FS licensee
   must turn its license back into the Commission, unless the parties have
   entered into an agreement which allows the FS 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).