§ 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.

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