§  27.1504   Mandatory relocation.

   (a) Subject to paragraph (b) of this section, broadband licensees may
   require mandatory relocation from the broadband segment covered
   incumbents' remaining site-channels in a given county and within 70
   miles of the county boundary, and geographically licensed channels
   where the license area completely or partially overlaps the county,
   that were not covered by § 27.1503(a)(2).

   (b) Complex systems are exempt from mandatory relocation. To qualify as
   exempt from mandatory relocation, a complex system must have at least
   one site (of its 45 or more functionally integrated sites) located
   within the county license area or within 70 miles of the county
   boundary.

   (c) A broadband licensee seeking to relocate a covered incumbent
   pursuant to this section is required to pay all reasonable relocation
   costs, including providing the relocated covered incumbent with
   comparable facilities. To be comparable, the replacement system
   provided to a covered incumbent during a mandatory relocation must be
   at least equivalent to the existing 900 MHz system with respect to the
   following four factors:

   (1) System;

   (2) Capacity;

   (3) Quality of service; and

   (4) Operating costs.

   (d) Having met the 90% success threshold, a 900 MHz broadband licensee
   seeking to trigger the mandatory relocation process shall serve notice
   on applicable covered incumbent(s).

   (e) Following the service of notice, a 900 MHz broadband licensee may
   request information from the covered incumbent reasonably required to
   craft its offer of comparable facilities.

   (f) We expect all parties to negotiate with the utmost “good faith” in
   the negotiation process. Factors relevant to a “good-faith”
   determination include:

   (1) Whether the party responsible for paying the cost of band
   reconfiguration has made a bona fide offer to relocate the incumbent to
   comparable facilities;

   (2) The steps the parties have taken to determine the actual cost of
   relocation to comparable facilities; and

   (3) Whether either party has unreasonably withheld information,
   essential to the accurate estimation of relocation costs and
   procedures, requested by the other party.

   (g) A party seeking Commission resolution of a dispute must submit in
   writing to the Chief, Wireless Telecommunications Bureau:

   (1) The name, address, telephone number, and email address of the 900
   MHz broadband licensee or covered incumbent making the allegation;

   (2) The name of the 900 MHz broadband licensee or covered incumbent
   about which the allegation is made;

   (3) A complete statement of the facts supporting the broadband
   licensee's or incumbent's claim; and

   (4) The specific relief sought.

   (h) If an incumbent fails to negotiate in good faith, its facilities
   may be mandatorily relocated, and its license modified accordingly by
   the Commission pursuant to section 316 of the Act. If the Wireless
   Telecommunications Bureau finds bad faith on the part of the broadband
   licensee, the broadband licensee may lose the right to relocate the
   incumbent or the Wireless Telecommunications Bureau may refer the
   matter to the Enforcement Bureau for action (which could include a
   range of sanctions, such as imposition of forfeitures).