Goto Section: 27.1251 | 27.1253 | Table of Contents
FCC 27.1252
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 27.1252 Involuntary Relocation Procedures.
(a) If no agreement is reached during the mandatory negotiation period,
an AWS licensee may initiate involuntary relocation procedures under
the Commission's rules. AWS licensees are obligated to pay to relocate
BRS systems to which the AWS system poses an interference problem.
Under involuntary relocation, the BRS licensee is required to relocate,
provided that the AWS licensee:
(1) Guarantees payment of relocation costs, including all engineering,
equipment, site and FCC fees, as well as any legitimate and prudent
transaction expenses incurred by the BRS licensee that are directly
attributable to an involuntary relocation, subject to a cap of two
percent of the "hard" costs involved. Hard costs are defined as the
actual costs associated with providing a replacement system, such as
equipment and engineering expenses. There is no cap on the actual costs
of relocation. AWS licensees are not required to pay BRS licensees for
internal resources devoted to the relocation process. AWS licensees are
not required to pay for transaction costs incurred by BRS licensees
during the mandatory period once the involuntary period is initiated,
or for fees that cannot be legitimately tied to the provision of
comparable facilities; and
(2) Completes all activities necessary for implementing the replacement
facilities, including engineering and cost analysis of the relocation
procedure and, if radio facilities are used, identifying and obtaining,
on the incumbents' behalf, new microwave frequencies and frequency
coordination.
(b) Comparable facilities. The replacement system provided to an
incumbent during an involuntary relocation must be at least equivalent
to the existing BRS system with respect to the following three factors:
(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, the AWS
licensee is required to provide the BRS licensee with a comparable
number of channels. If digital facilities are being replaced with
digital, the AWS licensee must provide the BRS licensee with equivalent
data loading bits per second (bps). AWS licensees must provide BRS
licensees with enough throughput to satisfy the BRS licensee's system
use at the time of relocation, not match the total capacity of the BRS
system.
(2) Reliability. System reliability is the degree to which information
is transferred accurately within a system. AWS licensees must provide
BRS licensees with reliability equal to the overall reliability of
their system. For digital data systems, reliability is measured by the
percent of time the bit error rate (BER) exceeds a desired value, and
for analog or digital video transmissions, it is measured by whether
the end-to-end transmission delay is within the required delay bound.
(3) Operating costs. Operating costs are the cost to operate and
maintain the BRS system. AWS licensees must compensate BRS licensees
for any increased recurring costs associated with the replacement
facilities ( e.g. , additional rental payments, increased utility fees)
for five years after relocation. AWS licensees may 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 must be equivalent to the replaced system in order for the
replacement system to be considered comparable.
(c) 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 AWS licensee shall on the
throughput, reliability, and operating costs of facilities in use by a
lessee at the time of relocation in determining comparable facilities
for involuntary relocation purposes.
(d) Twelve-month trial period. If, within one year after the relocation
to new facilities, the BRS licensee demonstrates that the new
facilities are not comparable to the former facilities, the AWS
licensee must remedy the defects or pay to relocate the BRS licensee to
one of the following: Its former or equivalent 2 GHz channels, another
comparable frequency band, a land-line system, or any other facility
that satisfies the requirements specified in paragraph (b) of this
section. This trial period commences on the date that the BRS licensee
begins full operation of the replacement system. If the BRS licensee
has retained its 2 GHz authorization during the trial period, it must
return the license to the Commission at the end of the twelve months.
Goto Section: 27.1251 | 27.1253
Goto Year: 2010 |
2012
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