Goto Section: 101.77 | 101.81 | Table of Contents
FCC 101.79
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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
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, for MSS/ATC December 8, 2013 (i.e., ten
years after the mandatory negotiation period begins for MSS/ATC operators in
the service), and for ET licensees authorized under part 27 ten years after
the first part 27 license is issued in the band. To the extent that an MSS
operator is also an ET licensee authorized under part 27, the part 27 sunset
applies to its relocation and cost sharing obligations should the two sets
of obligations conflict.
(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; 78 FR 8272 , Feb. 5, 2013]
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Goto Section: 101.77 | 101.81
Goto Year: 2014 |
2016
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