§ 27.1253   Sunset Provisions.

   (a) BRS licensees will maintain primary status in the 2150-2160/62 MHz band
   unless and until an AWS licensee requires use of the spectrum. AWS licensees
   are not required to pay relocation costs after the relocation rules sunset
   (i.e. fifteen years from the date the first AWS license is issued in the
   band). Once the relocation rules sunset, an AWS licensee may require the
   incumbent to cease operations, provided that the AWS licensee intends to
   turn on a system within interference range of the incumbent, as determined
   by § 27.1255. AWS licensee notification to the affected BRS 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 BRS
   licensee must turn its license back into the Commission, unless the parties
   have entered into an agreement which allows the BRS licensee to continue to
   operate on a mutually agreed upon basis.

   (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.

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