Sec.  27.5   Frequencies.

   (a) 2305–2320 MHz and 2345–2360 MHz bands. The following frequencies are
   available for WCS in the 2305–2320 MHz and 2345–2360 MHz bands:

   (1)  Two paired channel blocks are available for assignment on a Major
   Economic Area basis as follows:

   Block A: 2305–2310 and 2350–2355 MHz; and

   Block B: 2310–2315 and 2355–2360 MHz.

   (2) Two unpaired channel blocks are available for assignment on a Regional
   Economic Area Grouping basis as follows:

   Block C: 2315–2320 MHz; and

   Block D: 2345–2350 MHz.

   (b)  746–764  MHz and 776–794 MHz bands. The following frequencies are
   available for licensing pursuant to this part in the 746–764 MHz and 776–794
   MHz bands:

   (1) Two paired channels of 1 megahertz each are available for assignment
   solely to Guard band managers. Block A: 746–747 MHz and 776–777 MHz.

   (2) Two paired channels of 2 megahertz each are available for assignment
   solely to Guard band managers. Block B: 762–764 MHz and 792–794 MHz.

   (3) Two paired channels of 5 megahertz each are available for assignment.
   Block C: 747–752 MHz and 777–782 MHz.

   (4) Two paired channels of 10 megahertz each are available for assignment.
   Block D: 752–762 MHz and 782–792 MHz.

   (c) 698–746 MHz band. The following frequencies are available for licensing
   pursuant to this part in the 698–746 MHz band:

   (1) Three paired channel blocks of 12 megahertz each are available for
   assignment as follows:

   Block A: 698–704 MHz and 728–734 MHz;

   Block B: 704–710 MHz and 734–740 MHz; and

   Block C: 710–716 MHz and 740–746 MHz.

   (2)  Two unpaired channel blocks of 6 megahertz each are available for
   assignment as follows:

   Block D: 716–722 MHz; and

   Block E: 722–728 MHz.

   (d) 1390–1392 MHz band. The 1390–1392 MHz band is available for assignment
   on a Major Economic Area basis.

   (e) The paired 1392–1395 and 1432–1435 MHz bands. The paired 1392–1395 MHz
   and 1432–1435 MHz bands are available for assignment on an Economic Area
   Grouping basis as follows: Block A: 1392–1393.5 MHz and 1432–1433.5 MHz; and
   Block B: 1393.5–1395 MHz and 1433.5–1435 MHz.

   (f) 1670–1675 MHz band. The 1670–1675 MHz band is available for assignment
   on a nationwide basis.

   (g) [Reserved]

   (h) 1710–1755 MHz and 2110–2155 MHz bands. The following frequencies are
   available for licensing pursuant to this part in the 1710–1755 MHz and
   2110–2155 MHz bands:

   (1)  Two  paired channel blocks of 10 megahertz each are available for
   assignment as follows:

   Block A: 1710–1720 MHz and 2110–2120 MHz; and

   Block B: 1720–1730 MHz and 2120–2130 MHz.

   (2)  Two  paired  channel blocks of 5 megahertz each are available for
   assignment as follows:

   Block C: 1730–1735 MHz and 2130–2135 MHz; and

   Block D: 1735–1740 MHz and 2135–2140 MHz.

   (3)  One  paired  channel  block of 15 megahertz each is available for
   assignment as follows:

   Block E: 1740–1755 MHz and 2140–2155 MHz.

   (i) Frequency assignments for the BRS/EBS band.

   (1) Pre-transition frequency assignments.

   BRS Channel 1: 2150–2156 MHz

   BRS Channel 2: 2156–2162 MHz

   BRS Channel 2A: 2156–2160 MHz

   EBS Channel A1: 2500–2506 MHz

   EBS Channel B1: 2506–2512 MHz

   EBS Channel A2: 2512–2518 MHz

   EBS Channel B2: 2518–2524 MHz

   EBS Channel A3: 2524–2530 MHz

   EBS Channel B3: 2530–2536 MHz

   EBS Channel A4: 2536–2542 MHz

   EBS Channel B4: 2542–2548 MHz

   EBS Channel C1: 2548–2554 MHz

   EBS Channel D1: 2554–2560 MHz

   EBS Channel C2: 2560–2566 MHz

   EBS Channel D2: 2566–2572 MHz

   EBS Channel C3: 2572–2578 MHz

   EBS Channel D3: 2578–2584 MHz

   EBS Channel C4: 2584–2590 MHz

   EBS Channel D4: 2590–2596 MHz

   BRS Channel E1: 2596–2602 MHz

   BRS Channel F1: 2602–2608 MHz

   BRS Channel E2: 2608–2614 MHz

   BRS Channel F2: 2614–2620 MHz

   BRS Channel E3: 2620–2626 MHz

   BRS Channel F3: 2626–2632 MHz

   BRS Channel E4: 2632–2638 MHz

   BRS Channel F4: 2638–2644 MHz

   EBS Channel G1: 2644–2650 MHz

   BRS Channel H1: 2650–2656 MHz

   EBS Channel G1: 2656–2662 MHz

   BRS Channel H1: 2662–2668 MHz

   EBS Channel G1: 2668–2674 MHz

   BRS Channel H1: 2674–2680 MHz

   EBS Channel G1: 2680–2686 MHz

   I Channels: 2686–2690 MHz

   (2) Post transition frequency assignments. The frequencies available in the
   Broadband Radio Service (BRS) and Educational Broadband Service (EBS) are
   listed in this section in accordance with the frequency allocations table of
    Sec. 2.106 of this chapter.

   (i) Lower Band Segment (LBS): The following channels shall constitute the
   Lower Band Segment:

   BRS Channel 1: 2496–2502 MHz

   EBS Channel A1: 2502–2507.5 MHz

   EBS Channel A2: 2507.5–2513 MHz

   EBS Channel A3: 2513–2518.5 MHz

   EBS Channel B1: 2518.5–2524 MHz

   EBS Channel B2: 2524–2529.5 MHz

   EBS Channel B3: 2529.5–2535 MHz

   EBS Channel C1: 2535–2540.5 MHz

   EBS Channel C2: 2540.5–2546 MHz

   EBS Channel C3: 2546–2551.5 MHz

   EBS Channel D1: 2551.5–2557 MHz

   EBS Channel D2: 2557–2562.5 MHz

   EBS Channel D3: 2562.5–2568 MHz

   EBS Channel JA1: 2568.00000–2568.33333 MHz

   EBS Channel JA2: 2568.33333–2568.66666 MHz

   EBS Channel JA3: 2568.66666–2569.00000 MHz

   EBS Channel JB1: 2569.00000–2569.33333 MHz

   EBS Channel JB2: 2569.33333–2569.66666 MHz

   EBS Channel JB3: 2569.66666–2570.00000 MHz

   EBS Channel JC1: 2570.00000–2570.33333 MHz

   EBS Channel JC2: 2570.33333–2570.66666 MHz

   EBS Channel JC3: 2570.66666–2571.00000 MHz

   EBS Channel JD1: 2571.00000–2571.33333 MHz

   EBS Channel JD2: 2571.33333–2571.66666 MHz

   EBS Channel JD3: 2571.66666–2572.00000 MHz

   (ii) Middle Band Segment (MBS): The following channels shall constitute the
   Middle Band Segment:

   EBS Channel A4: 2572–2578 MHz

   EBS Channel B4: 2578–2584 MHz

   EBS Channel C4: 2584–2590 MHz

   EBS Channel D4: 2590–2596 MHz

   EBS Channel G4: 2596–2602 MHz

   BRS Channel F4: 2602–2608 MHz

   BRS Channel E4: 2608–2614 MHz

   (iii) Upper Band Segment (UBS): The following channels shall constitute the
   Upper Band Segment:

   BRS Channel KH1: 2614.00000–2614.33333 MHz

   BRS Channel KH2: 2614.33333–2614.66666 MHz

   BRS Channel KH3: 2614.66666–2615.00000 MHz

   EBS Channel KG1: 2615.00000–2615.33333 MHz

   EBS Channel KG2: 2615.33333–2616.66666 MHz

   EBS Channel KG3: 2615.66666–2616.00000 MHz

   BRS Channel KF1: 2616.00000–2616.33333 MHz

   BRS Channel KF2: 2616.33333–2616.66666 MHz

   BRS Channel KF3: 2616.66666–2617.00000 MHz

   BRS Channel KE1: 2617.00000–2617.33333 MHz

   BRS Channel KE2: 2617.33333–2617.66666 MHz

   BRS Channel KE3: 2617.66666–2618.00000 MHz

   BRS Channel 2: 2618–2624 MHz

   BRS Channel E1: 2624–2629.5 MHz

   BRS Channel E2: 2629.5–2635 MHz

   BRS Channel E3: 2635–2640.5 MHz

   EBS Channel F1: 2640.5–2646 MHz

   EBS Channel F2: 2646–2651.5 MHz

   EBS Channel F3: 2651.5–2657 MHz

   BRS Channel H1: 2657–2662.5 MHz

   BRS Channel H2: 2662.5–2668 MHz

   BRS Channel H3: 2668–2673.5 MHz

   BRS Channel G1: 2673.5–2679 MHz

   BRS Channel G2: 2679–2684.5 MHz

   BRS Channel G3: 2684.5–2690 MHz

   Note to paragraph (i)(2): No 125 kHz channels are provided for channels in
   operation in this service. The 125 kHz channels previously associated with
   these  channels  have been reallocated to Channel H3 in the upper band
   segment.

   (3) Frequencies will be assigned as follows:

   (i) An EBS licensee is limited to the assignment of no more than one 6 MHz
   channel in the MBS and three channels in the LBS or UBS for use in a single
   area of operation. Applicants shall not apply for more channels than they
   intend to construct within a reasonable time, simply for the purpose of
   reserving additional channels. The number of channels authorized to an
   applicant will be based on the demonstration of need for the number of
   channels requested. The Commission will take into consideration such factors
   as the amount of use of any currently assigned channels and the amount of
   proposed use of each channel requested, the amount of, and justification
   for,  any  repetition  in  the  schedules,  and the overall demand and
   availability of broadband channels in the community. For those applicant
   organizations formed for the purpose of serving accredited institutional or
   governmental  organizations, evaluation of the need will only consider
   service  to  those  specified receive sites which submitted supporting
   documentation.

   (ii) An applicant leasing excess capacity and proposing a schedule which
   complies  in  all  respects with the requirements of  Sec. 1.9047 will have
   presumptively  demonstrated  need for no more than four channels. This
   presumption is rebuttable by demonstrating that the application does not
   propose to comport with our educational usage requirements as defined in
    Sec. 27.1203, and to transmit the requisite minimum educational usage of  Sec. 1.9047
   of this chapter for genuinely educational purposes.

   (4) A temporary fixed broadband station may use any available broadband
   channel on a secondary basis, except that operation of temporary fixed
   broadband stations is not allowed within 56.3 km (35 miles) of Canada.

   (5)(i) A point-to-point EBS station on the E and F-channel frequencies, may
   be involuntarily displaced by a BRS applicant or licensee, provided that
   suitable alternative spectrum is available and that the BRS entity bears the
   expenses of the migration. Suitability of spectrum will be determined on a
   case-by-base  basis;  at  a  minimum, the alternative spectrum must be
   licensable by broadband operators on a primary basis (although it need not
   be specifically allocated to the broadband service), and must provide a
   signal  that  is equivalent to the prior signal in picture quality and
   reliability, unless the broadband licensee will accept an inferior signal.
   Potential expansion of the BRS licensee may be considered in determining
   whether alternative available spectrum is suitable.

   (ii) If suitable alternative spectrum is located pursuant to paragraph
   (h)(6)(i) of this section, the initiating party must prepare and file the
   appropriate application for the new spectrum, and must simultaneously serve
   a copy of the application on the EBS licensee to be moved. The initiating
   party  will be responsible for all costs connected with the migration,
   including purchasing, testing and installing new equipment, labor costs,
   reconfiguration of existing equipment, administrative costs, legal and
   engineering  expenses  necessary  to  prepare  and  file the migration
   application, and other reasonable documented costs. The initiating party
   must  secure a bond or establish an escrow account to cover reasonable
   incremental increase in ongoing expenses that may fall upon the migrated
   licensee. The bond or escrow account should also account for the possibility
   that the initiating party subsequently becomes bankrupt. If it becomes
   necessary for the Commission to assess the sufficiency of a bond or escrow
   amount, it will take into account such factors as projected incremental
   increase in electricity or maintenance expenses, or relocation expenses, as
   relevant in each case.

   (iii) The EBS licensee to be moved will have a 60-day period in which to
   oppose the involuntary migration. The broadband party should state its
   opposition to the migration with specificity, including engineering and
   other challenges, and a comparison of the present site and the proposed new
   site.  If involuntary migration is granted, the new facilities must be
   operational before the initiating party will be permitted to begin its new
   or  modified  operations. The migration must not disrupt the broadband
   licensee's provision of service, and the broadband licensee has the right to
   inspect the construction or installation work.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  65 FR 3145 , Jan. 20, 2000;  65 FR 17602 , Apr. 4, 2000;  67 FR 5510 , Feb. 6, 2002;  67 FR 41854 , June 20, 2002;
    69 FR 5714 , Feb. 6, 2004;  69 FR 72032 , Dec. 10, 2004;  69 FR 77950 , Dec. 29,
   2004]