§  27.1255   Relocation Criteria for Broadband Radio Service Licensees in the
2150-2160/62 MHz band.

   (a) An AWS licensee in the 2150-2160/62 MHz band, prior to initiating
   operations from any base or fixed station that is co-channel to the
   2150-2160/62 MHz band, must relocate any incumbent BRS system that is
   within the line of sight of the AWS licensee's base or fixed station.
   For purposes of this section, a determination of whether an AWS
   facility is within the line of sight of a BRS system will be made as
   follows:

   (1) For a BRS system using the 2150-2160/62 MHz band exclusively to
   provide one-way transmissions to subscribers, the AWS licensee will
   determine whether there is an unobstructed signal path (line of sight)
   to the incumbent licensee's geographic service area (GSA), based on the
   following criteria: use of 9.1 meters (30 feet) for the receiving
   antenna height, use of the actual transmitting antenna height and
   terrain elevation, and assumption of 4/3 Earth radius propagation
   conditions. Terrain elevation data must be obtained from the U.S.
   Geological Survey (USGS) 3-second database. All coordinates used in
   carrying out the required analysis shall be based upon use of NAD-83.

   (2) For all other BRS systems using the 2150-2160/62 MHz band, the AWS
   licensee will determine whether there is an unobstructed signal path
   (line of sight) to the incumbent licensee's receive station hub using
   the method prescribed in "Methods for Predicting Interference from
   Response Station Transmitters and to Response Station Hubs and for
   Supplying Data on Response Station Systems. MM Docket 97-217," in
   Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution
   Service and Instructional Television Fixed Service Licensees to Engage
   in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order
   on Further Reconsideration and Further Notice of Proposed Rulemaking,
   15 FCC Rcd 14566 at 14610, Appendix D.

   (b) Any AWS licensee in the 2110-2180 MHz band that causes actual and
   demonstrable interference to a BRS licensee in the 2150-2160/62 MHz
   band must take steps to eliminate the harmful interference, up to and
   including relocation of the BRS licensee, regardless of whether it
   would be required to do so under paragraph (a), of this section.

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