§  101.79   Sunset provisions for licensees in the 1850–1990 MHz, 2110–2150
MHz, and 2160–2200 MHz bands.

   (a) FMS licensees will maintain primary status in the 1850–1990 MHz,
   2110–2150 MHz, and 2160–2200 MHz bands unless and until an ET licensee
   (including MSS/ATC operator) requires use of the spectrum. ET licensees
   are not required to pay relocation costs after the relocation rules
   sunset. Once the relocation rules sunset, an ET licensee may require
   the incumbent to cease operations, provided that the ET licensee
   intends to turn on a system within interference range of the incumbent,
   as determined by TIA TSB 10–F (for terrestrial-to-terrestrial
   situations) or TIA TSB 86 (for MSS satellite-to-terrestrial situations)
   or any standard successor. ET licensee notification to the affected FMS
   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 FMS licensee must turn its license back into
   the Commission, unless the parties have entered into an agreement which
   allows the FMS licensee to continue to operate on a mutually agreed
   upon basis. The date that the relocation rules sunset is determined as
   follows:

   (1) For the 2110–2150 MHz and 2160–2175 MHz and 2175–2180 MHz bands,
   ten years after the first ET license is issued in the respective band;
   and

   (2) For the 2180–2200 MHz band, December 8, 2013 ( i.e. , ten years
   after the mandatory negotiation period begins for MSS/ATC operators in
   the service).

   (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).

   [ 61 FR 29695 , June 12, 1996, as amended at  62 FR 12758 , Mar. 18, 1997;
    68 FR 68254 , Dec. 8, 2003;  71 FR 29842 , May 24, 2006]