§ 27.1250   Transition of the 2150-2160/62 MHz band from the Broadband Radio
Service to the Advanced Wireless Service.

   The  2150-2160/62  MHz band has been allocated for use by the Advanced
   Wireless Service (AWS). The rules in this section provide for a transition
   period during which AWS licensees may relocate existing Broadband Radio
   Service  (BRS)  licensees  using  these  frequencies to their assigned
   frequencies in the 2496-2690 MHz band or other media.

   (a) AWS licensees and BRS licensees shall engage in mandatory negotiations
   for the purpose of agreeing to terms under which the BRS licensees would:

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

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

   (b) If no agreement is reached during the mandatory negotiation period, an
   AWS  licensee  may  initiate  involuntary relocation procedures. Under
   involuntary relocation, the incumbent is required to relocate, provided that
   the AWS licensee meets the conditions of § 27.1252.

   (c)  Relocation of BRS licensees by AWS licensees will be subject to a
   three-year mandatory negotiation period. BRS licensees may suspend the
   running of the three-year negotiation period for up to one year if the BRS
   licensee cannot be relocated to comparable facilities at the time the AWS
   licensee seeks entry into the band.

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