Sec.  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
    Sec.  Sec. 21.901(e), 74.502(c), 74.602(g), and 78.18(a)(4) and  Sec. 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  Sec.  Sec. 21.901(e), 74.502(c), 74.602(d), 78.18(a)(4) and
    Sec. 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  Sec.  Sec. 21.901(e), 74.502(c), 74.602(d), 78.18(a)(4) and
    Sec. 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
    Sec. 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
    Sec. 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  Sec. 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]