§ 101.85   Transition of the 18.3-19.3 GHz band from the terrestrial fixed
services to the fixed-satellite service (FSS).

   Fixed  services  (FS) frequencies in the 18.3-19.3 GHz bands listed in
   § § 21.901(e), 74.502(c), 74.602(g), and 78.18(a)(4) and § 101.147(a) and (r)
   of this chapter have been allocated for use by the fixed-satellite service
   (FSS). The rules in this section provide for a transition period during
   which  FSS  licensees  may  relocate existing FS licensees using these
   frequencies to other frequency bands, media or facilities.

   (a)  FSS  licensees  may negotiate with FS licensees authorized to use
   frequencies in the 18.3-19.30 GHz bands for the purpose of agreeing to terms
   under which the FS licensees would:

   (1) Relocate their operations to other frequency bands, media or facilities;
   or alternatively

   (2) Accept a sharing arrangement with the FSS licensee that may result in an
   otherwise impermissible level of interference to the FSS operations.

   (b)(1) FS operations in the 18.3-18.58 GHz band that remain co-primary under
   the  provisions  of § § 21.901(e), 74.502(c), 74.602(d), 78.18(a)(4) and
   101.147(r) of this chapter will continue to be co-primary with the FSS users
   of this spectrum until November 19, 2012 or until the relocation of the
   fixed service operations, whichever occurs sooner.

   (2) FS operations in the 18.58-19.3 GHz band that remain co-primary under
   the  provisions  of § § 21.901(e), 74.502(c), 74.602(d), 78.18(a)(4) and
   101.147(r) of this chapter will continue to be co-primary with the FSS users
   of this spectrum until June 8, 2010 or until the relocation of the fixed
   service operations, whichever occurs sooner, except for operations in the
   band  19.26-19.3  GHz  and  low  power  systems  operating pursuant to
   § 101.47(r)(10), which shall operate on a co-primary basis until October 31,
   2011.

   (3)  If  no  agreement  is reached during the negotiations pursuant to
   § 101.85(a), an FSS licensee may initiate relocation procedures. Under the
   relocation procedures, the incumbent is required to relocate, provided that
   the FSS licensee meets the conditions of § 101.91.

   (c) Negotiation periods are defined as follows:

   (1) Non-public safety incumbents will have a two-year negotiation period.

   (2) Public safety incumbents will have a three-year negotiation period.

   [ 65 FR 54173 , Sept. 7, 2000, as amended at  66 FR 63516 , Dec. 7, 2001;  68 FR 16968 , Apr. 8, 2003]

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