Sec.  27.1254   Eligibility.

   (a) BRS licensees with primary status in the 2150–2162 MHz band as of June
   23, 2006, will be eligible for relocation insofar as they have facilities
   that are constructed and in use as of this date.

   (b) Future Licensing and Modifications. After June 23, 2006, all major
   modifications to existing BRS systems in use in the 2150–2160/62 MHz band
   will be authorized on a secondary basis to AWS systems, unless the incumbent
   affirmatively justifies primary status and the incumbent BRS licensee
   establishes that the modification would not add to the relocation costs of
   AWS licensees. Major modifications include the following:

   (1) Additions of new transmit sites or base stations made after June 23,
   2006;

   (2) Changes to existing facilities made after June 23, 2006, that would
   increase the size or coverage of the service area, or interference
   potential, and that would also increase the throughput of an existing system
   (e.g., sector splits in the antenna system). Modifications to fully utilize
   the existing throughput of existing facilities (e.g., to add customers) will
   not be considered major modifications even if such changes increase the size
   or coverage of the service area, or interference potential.