Goto Section: 27.1503 | 27.1505 | Table of Contents
Revised as of October 1, 2020
Goto Year:2019 |
§ 27.1504 Mandatory relocation.
(a) Subject to paragraph (b) of this section, broadband licensees may
require mandatory relocation from the broadband segment covered
incumbents' remaining site-channels in a given county and within 70
miles of the county boundary, and geographically licensed channels
where the license area completely or partially overlaps the county,
that were not covered by § 27.1503(a)(2).
(b) Complex systems are exempt from mandatory relocation. To qualify as
exempt from mandatory relocation, a complex system must have at least
one site (of its 45 or more functionally integrated sites) located
within the county license area or within 70 miles of the county
(c) A broadband licensee seeking to relocate a covered incumbent
pursuant to this section is required to pay all reasonable relocation
costs, including providing the relocated covered incumbent with
comparable facilities. To be comparable, the replacement system
provided to a covered incumbent during a mandatory relocation must be
at least equivalent to the existing 900 MHz system with respect to the
following four factors:
(3) Quality of service; and
(4) Operating costs.
(d) Having met the 90% success threshold, a 900 MHz broadband licensee
seeking to trigger the mandatory relocation process shall serve notice
on applicable covered incumbent(s).
(e) Following the service of notice, a 900 MHz broadband licensee may
request information from the covered incumbent reasonably required to
craft its offer of comparable facilities.
(f) We expect all parties to negotiate with the utmost "good faith" in
the negotiation process. Factors relevant to a "good-faith"
(1) Whether the party responsible for paying the cost of band
reconfiguration has made a bona fide offer to relocate the incumbent to
(2) The steps the parties have taken to determine the actual cost of
relocation to comparable facilities; and
(3) Whether either party has unreasonably withheld information,
essential to the accurate estimation of relocation costs and
procedures, requested by the other party.
(g) A party seeking Commission resolution of a dispute must submit in
writing to the Chief, Wireless Telecommunications Bureau:
(1) The name, address, telephone number, and email address of the 900
MHz broadband licensee or covered incumbent making the allegation;
(2) The name of the 900 MHz broadband licensee or covered incumbent
about which the allegation is made;
(3) A complete statement of the facts supporting the broadband
licensee's or incumbent's claim; and
(4) The specific relief sought.
(h) If an incumbent fails to negotiate in good faith, its facilities
may be mandatorily relocated, and its license modified accordingly by
the Commission pursuant to section 316 of the Act. If the Wireless
Telecommunications Bureau finds bad faith on the part of the broadband
licensee, the broadband licensee may lose the right to relocate the
incumbent or the Wireless Telecommunications Bureau may refer the
matter to the Enforcement Bureau for action (which could include a
range of sanctions, such as imposition of forfeitures).
Goto Section: 27.1503 | 27.1505
Goto Year: 2019 |
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