Goto Section: 27.1250 | 27.1252 | Table of Contents
Revised as of October 1, 2010
Goto Year:2009 |
§ 27.1251 Mandatory Negotiations.
(a) Once mandatory negotiations have begun, a BRS licensee may not
refuse to negotiate and all parties are required to negotiate in good
faith. Good faith requires each party to provide information to the
other that is reasonably necessary to facilitate the relocation
process. The BRS licensee is required to cooperate with an AWS
licensee's request to provide access to the facilities to be relocated,
other than the BRS customer location, so that an independent third
party can examine the BRS system and prepare an appraisal of the costs
to relocate the incumbent. In evaluating claims that a party has not
negotiated in good faith, the FCC will consider, inter alia, the
(1) Whether the AWS licensee has made a bona fide offer to relocate the
BRS licensee to comparable facilities in accordance with § 27.1252(b);
(2) If the BRS licensee has demanded a premium, the type of premium
requested ( e.g. , whether the premium is directly related to
relocation, such as analog-to-digital conversions, versus other types
of premiums), and whether the value of the premium as compared to the
cost of providing comparable facilities is disproportionate ( i.e. ,
whether there is a lack of proportion or relation between the two);
(3) What steps the parties have taken to determine the actual cost of
relocation to comparable facilities;
(4) Whether either party has withheld information requested by the
other party that is necessary to estimate relocation costs or to
facilitate the relocation process.
(b) Any party alleging a violation of our good faith requirement must
attach an independent estimate of the relocation costs in question to
any documentation filed with the Commission in support of its claim. An
independent cost estimate must include a specification for the
comparable facility and a statement of the costs associated with
providing that facility to the incumbent licensee.
(c) Mandatory negotiations will commence for each BRS licensee when the
AWS licensee informs the BRS licensee in writing of its desire to
negotiate. Mandatory negotiations will be conducted with the goal of
providing the BRS licensee with comparable facilities, defined as
facilities possessing the following characteristics:
(1) Throughput. Communications throughput is the amount of information
transferred within a system in a given amount of time. System is
defined as a base station and all end user units served by that base
station. If analog facilities are being replaced with analog,
comparable facilities may provide a comparable number of channels. If
digital facilities are being replaced with digital, comparable
facilities provide equivalent data loading bits per second (bps).
(2) Reliability. System reliability is the degree to which information
is transferred accurately within a system. Comparable facilities
provide reliability equal to the overall reliability of the BRS system.
For digital systems, reliability is measured by the percent of time the
bit error rate (BER) exceeds a desired value, and for analog or digital
video transmission, it is measured by whether the end-to-end
transmission delay is within the required delay bound. If an analog
system is replaced with a digital system, only the resulting frequency
response, harmonic distortion, signal-to-noise ratio and its
reliability will be considered in determining comparable reliability.
(3) Operating Costs. Operating costs are the cost to operate and
maintain the BRS system. AWS licensees would compensate BRS licensees
for any increased recurring costs associated with the replacement
facilities ( e.g. , additional rental payments, and increased utility
fees) for five years after relocation. AWS licensees could satisfy this
obligation by making a lump-sum payment based on present value using
current interest rates. Additionally, the maintenance costs to the BRS
licensee would be equivalent to the replaced system in order for the
replacement system to be comparable.
(d) AWS licensees are responsible for the relocation costs of end user
units served by the BRS base station that is being relocated. If a
lessee is operating under a BRS license, the BRS licensee may rely on
the throughput, reliability, and operating costs of facilities in use
by a lessee in negotiating comparable facilities and may include the
lessee in negotiations.
Goto Section: 27.1250 | 27.1252
Goto Year: 2009 |
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