Section 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