§  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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