§ 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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