Sec.  27.1231   Initiating the transition.

   (a) The transition will occur by MEA. MEAs are based on the U.S. Department
   of Commerce's 172 Economic Area (EAs). There are 52 MEAs composed of one or
   more EAs. Additionally, there are three EA-like areas: Guam and Northern
   Mariana Islands; Puerto Rico and the U.S. Virgin Islands; and American
   Samoa, which will also be transitioned to the band plan in  Sec. 27.5(i)(2). The
   MEA associated with the Gulf of Mexico will not be transitioned. MEAs are
   identified in the Table to  Sec. 27.6(a).

   (b) Sections 27.1231 through 27.1235 apply only to transitions initiated by
   a proponent(s) within 3 years of January 10, 2005.

   (c) When a proponent(s) is a Basic Trading Area (BTA) BRS licensee that is
   located in more than one MEA, the proponent(s) may elect to transition only
   one MEA or may elect to transition two or more MEAs that overlap the
   proponent(s)'s BTA.

   (d) A proponent(s) may be an EBS or BRS licensee or an EBS lessee. To
   initiate a transition, a proponent(s) must submit the following information
   to the Commission at the Office of the Secretary in Washington, DC:

   (1) A list of the MEA(s) that the proponent(s) is transitioning;

   (2) A list by call sign of all of the BRS and EBS licensees in the MEA(s)
   that are being transitioned;

   (3) A statement indicating that the engineering analysis to transition all
   of the BRS and EBS licensees in the MEA(s) has been completed;

   (4) A statement indicating when the transition will be completed;

   (5) A statement indicating that an agreement has been concluded with the
   proponent(s) of the adjoining or adjacent MEA(s) when the engineering
   analysis indicates that a licensee or licensees in an adjacent or adjoining
   MEA must be transitioned to avoid interference to licensees in the MEA being
   transitioned, or in lieu of an agreement, the proponent(s) may provide an
   alternative means of transitioning the licensees in an adjacent or adjoining
   MEA;

   (6) A statement indicating that an agreement has been concluded with another
   proponent(s) on how a MEA will be transitioned when there are two or more
   proponents seeking to transition the same MEA and a statement that
   identifies the specific portion of the MEA each proponent will be
   responsible for transitioning; and

   (7) A certification that it has the funds available to pay the reasonable
   expected costs of the transition based on the information contained in the
   Pre-Transition Data Request (see paragraph (f) of this section).

   (e) A proponent(s) may, at it own discretion, withdraw from transitioning a
   MEA(s) by amending the information submitted to the Commission under
   paragraph (d) of this section and notifying all affected BRS and EBS
   licensees in the MEA(s).

   (f) Pre-transition data request. To assist a potential proponent(s) in
   assessing whether to transition a MEA(s), a proponent(s) must send a
   Pre-transition data request to each EBS and BRS licensee in the MEA the
   proponent(s) seeks to transition. The proponent(s) shall include its full
   name, postal mailing address, contact person, e-mail address, and phone and
   fax numbers. The proponent(s) must request EBS and BRS licensees within a
   MEA to provide the following information to the potential proponent(s):

   (1) The location (by street address and by geographic coordinates) of every
   constructed EBS receive site that, as of the date of receipt of the
   Pre-Transition Data Request, is entitled to a replacement downconverter (see
    Sec. 27.1233(a)). The response must:

   (i) Specify whether the downconverting antenna is mounted on a structure
   attached to the building or on a free-standing structure;

   (ii) Specify the approximate height above ground level of the downconverting
   antenna;

   (iii) Specify, if known, the adjacent channel D/U ratio that can be
   tolerated by any receiver(s) at the receive site; and

   (2) The number and identification of EBS video programming or data
   transmission tracks the EBS licensee is entitled to receive in the MBS and
   whether the EBS licensee will accept fewer tracks in the MBS (see
    Sec. 27.1233(b)).

   (g) The Transition notice. The proponent(s) must send a Transition Notice to
   all BRS and EBS licensees in the MEA(s) being transitioned. The proponent(s)
   must include the following information in the Transition Notice:

   (1) The proponent(s)'s full name; postal mailing address, contact person,
   e-mail address, and phone and fax numbers;

   (2) The identification of the BRS and EBS licensees that will be
   transitioned;

   (3) Copies of the most recent response to the Pre-Transition Data Request
   for each participant in the process; and

   (4) A certification that the proponent(s) has the funds available to pay the
   reasonably expected costs of the transition based on the information in the
   Pre-Transition Data Request.

   Effective Date Note:   At  69 FR 72034 , Dec. 10, 2004,  Sec. 27.1231 was added.
   Paragraphs (d) and (f) contain information collection and recordkeeping
   requirements and will not become effective until approval has been given by
   the Office of Management and Budget.