§  101.85   Transition of the 18.3-19.3 GHz band from the terrestrial fixed
services to the fixed-satellite service (FSS).

   Fixed services (FS) frequencies in the 18.3-19.3 GHz bands listed in
   § § 21.901(e), 74.502(c), 74.602(g), and 78.18(a)(4) and § 101.147(a)
   and (r) of this chapter have been allocated for use by the
   fixed-satellite service (FSS). The rules in this section provide for a
   transition period during which FSS licensees may relocate existing FS
   licensees using these frequencies to other frequency bands, media or
   facilities.

   (a) FSS licensees may negotiate with FS licensees authorized to use
   frequencies in the 18.3-19.30 GHz bands for the purpose of agreeing to
   terms under which the FS licensees would:

   (1) Relocate their operations to other frequency bands, media or
   facilities; or alternatively

   (2) Accept a sharing arrangement with the FSS licensee that may result
   in an otherwise impermissible level of interference to the FSS
   operations.

   (b)(1) FS operations in the 18.3-18.58 GHz band that remain co-primary
   under the provisions of § § 21.901(e), 74.502(c), 74.602(d),
   78.18(a)(4) and 101.147(r) of this chapter will continue to be
   co-primary with the FSS users of this spectrum until November 19, 2012
   or until the relocation of the fixed service operations, whichever
   occurs sooner.

   (2) FS operations in the 18.58-19.3 GHz band that remain co-primary
   under the provisions of § § 21.901(e), 74.502(c), 74.602(d),
   78.18(a)(4) and 101.147(r) of this chapter will continue to be
   co-primary with the FSS users of this spectrum until June 8, 2010 or
   until the relocation of the fixed service operations, whichever occurs
   sooner, except for operations in the band 19.26-19.3 GHz and low power
   systems operating pursuant to § 101.47(r)(10), which shall operate on a
   co-primary basis until October 31, 2011.

   (3) If no agreement is reached during the negotiations pursuant to
   § 101.85(a), an FSS licensee may initiate relocation procedures. Under
   the relocation procedures, the incumbent is required to relocate,
   provided that the FSS licensee meets the conditions of § 101.91.

   (c) Negotiation periods are defined as follows:

   (1) Non-public safety incumbents will have a two-year negotiation
   period.

   (2) Public safety incumbents will have a three-year negotiation period.

   [ 65 FR 54173 , Sept. 7, 2000, as amended at  66 FR 63516 , Dec. 7, 2001;
    68 FR 16968 , Apr. 8, 2003]