Sec.  27.1232   Planning the transition.

   (a) The Transition planning period. The Transition Planning Period is a
   90-day period that commences on the day after the proponent(s) file the
   Initiation Plan with the Commission.

   (b) The Transition plan. The proponent(s) must provide to each BRS and EBS
   licensee within an MEA, a Transition Plan no later than 30 days prior to the
   conclusion of the Transition Planning Period.

   (1) The Transition Plan must:

   (i) Identify the call signs of the stations that are transitioning;

   (ii) Identify the specific channels that each licensee will receive
   following the transition;

   (iii) Identify the receive sites at which replacement downconverters will be
   installed (see  Sec. 27.1233(a));

   (iv) Identify the video programming and data transmission tracks that will
   be migrated to the MBS and provide for the MBS channels to be authorized to
   operate with transmission parameters that are substantially similar to those
   of the licensee's operation prior to transition (see  Sec. 27.1233(b));

   (v) Identify the technical configuration of the MBS facilities;

   (vi) Identify the approximate time line for effectuating the transition,
   which, unless dispute resolution procedures are used, may not exceed 18
   months from the conclusion of the Transition Planning Period;

   (vii) Provide for the establishment of an escrow or other appropriate
   mechanism for ensuring completion of the transition in accordance with the
   Transition Plan.

   (2) The Transition Plan may provide for interruptions of EBS transmissions,
   so long as those interruptions are limited to a period of less than seven
   days at any reception site. The proponent(s) must coordinate with each EBS
   licensee to minimize the extent of any disruption.

   (3) The Transition Plan may provide for the shifting of an EBS licensee's
   program to alternative channels. Such shifting may not be considered an
   interruption, if the EBS licensee's receive sites are equipped to receive
   and internally distribute the channel to which the programming is shifted.

   (4) The Transition Plan may provide for the installation of an appropriate
   filter on an MBS transmitter if the proponent(s) determines that the
   installation of a filter will mitigate interference from transmissions in
   the MBS to operations outside the MBS.

   (c) Counterproposals. No later than 10 days before the conclusion of the
   Transition Planning Period, affected BRS and EBS licensees may submit a
   counterproposal to the proponent(s) if they believe that the Transition Plan
   is unreasonable. The proponent(s) may:

   (1) Accept the counterproposal, modify the Transition Plan accordingly, and
   send the modified Transition Plan to all EBS and BRS licensees in the MEA;

   (2) Invoke dispute resolution procedures for a determination of whether the
   Transition Plan is reasonable and take no action until a determination of
   reasonableness is made; or

   (3) Invoke dispute resolution procedures for a determination of whether the
   Transition Plan is reasonable, but may implement the transition immediately.

   (d) Safe harbors. An offer by a proponent(s) shall be reasonable if it meets
   one of the following safe harbors:

   (1) Safe harbor #1. This safe harbor applies when the default high-power
   channel assigned to each channel group is authorized to operate after the
   transition with the same transmission parameters (coordinates, antenna
   pattern, height of center radiation, EIRP) as the downstream facilities
   before the transition. If the proponent(s) does not propose a change in the
   geographic coordinates of the facilities (other than as necessary to conform
   the actual location with the Commission's Antenna Survey Branch database),
   the proponent may also propose the following to the extent consistent with
   this subpart:

   (i) An increase in the height of the center of radiation of the transmission
   antenna or a decrease in such height of no more than 8 meters (provided that
   such change does not result in an increase in antenna support structure
   lease costs to the EBS licensee and the consent of the owner of the antenna
   support structure is obtained).

   (ii) A change in the EIRP of the transmission system of up to 1.5 dB in any
   direction.

   (iii) Digitization, precision frequency offset, or other upgrades to the EBS
   transmission or reception systems that allow the proponent(s) to invoke more
   advantageous interference protection requirements applicable to upgraded
   systems.

   (2) Safe harbor #2. This safe harbor applies when an EBS licensee has
   channel-shifted its single video programming or data transmission track to
   spectrum licensed to another licensee. Under  Sec. 27.5(i)(2), that track must be
   on the high-power channel licensed to the EBS licensee upon completion of
   the transition. For example, before the transition, an A Group licensee
   might have shifted its EBS video programming to channel C1. If one of the
   pre-transition A Group channels is licensed with technical parameters
   substantially similar to those of pre-transition channel C1, the Transition
   Plan may provide for high-power channel A4 to be licensed with the same
   technical parameters as the pre-transition channel C1. However, if the
   pre-transition A Group channels are licensed to operate with technical
   parameters materially different from those of pre-transition channel C1, the
   proponent(s) may:

   (i) Arrange a channel swap with the licensee of the C Group so that the A
   Group licensee will receive high-power channel C4 (which will automatically
   be licensed with the same transmission parameters as the pre-transition
   channel C1) in exchange for channel A4.

   (ii) Arrange for high-power channel A4 to operate with transmission
   parameters substantially similar to those of the pre-transition channel C1
   (see paragraph (d)(1) of this section).