Goto Section: 74.682 | 74.701 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 74.690 Transition of the 1990-2025 MHz band from the Broadcast Auxiliary
Service to emerging technologies.
(a) New Entrants are collectively defined as those licensees proposing
to use emerging technologies to implement Mobile Satellite Services in
the 2000-2020 MHz band (MSS licensees), those licensees authorized
after July 1, 2004 to implement new Fixed and Mobile services in the
1990-1995 MHz band, and those licensees authorized after September 9,
2004 in the 1995-2000 MHz and 2020-2025 MHz bands. New entrants may
negotiate with Broadcast Auxiliary Service licensees operating on a
primary basis and fixed service licensees operating on a primary basis
in the 1990-2025 MHz band (Existing Licensees) for the purpose of
agreeing to terms under which the Existing Licensees would relocate
their operations to the 2025-2110 MHz band, to other authorized bands,
or to other media; or, alternatively, would discontinue use of the
1990-2025 MHz band. New licensees in the 1995-2000 MHz and 2020-2025
MHz bands are subject to the specific relocation procedures adopted in
WT Docket 04-356.
(b) An Existing Licensee in the 1990-2025 MHz band allocated for
licensed emerging technology services will maintain primary status in
the band until the Existing Licensee's operations are relocated by a
New Entrant, are discontinued under the terms of paragraph (a) of this
section, or become secondary under the terms of paragraph (e)(6) of
this section or the Existing Licensee indicates to a New Entrant that
it declines to be relocated.
(c) The Commission will amend the operating license of the Existing
Licensee to secondary status only if the following requirements are
(1) The service applicant, provider, licensee, or representative using
an emerging technology guarantees payment of all relocation costs,
including all engineering, equipment, site and FCC fees, as well as any
reasonable additional costs that the relocated Existing Licensee might
incur as a result of operation in another authorized band or migration
to another medium;
(2) The New Entrant completes all activities necessary for implementing
the replacement facilities, including engineering and cost analysis of
the relocation procedure and, if radio facilities are used, identifying
and obtaining, on the incumbents' behalf, new microwave or Local
Television Transmission Service frequencies and frequency coordination.
(3) The New Entrant builds the replacement system and tests it for
comparability with the existing system.
(d) The Existing Licensee is not required to relocate until the
alternative facilities are available to it for a reasonable time to
make adjustments, determine comparability, and ensure a seamless
handoff. If, within one year after the relocation to new facilities the
Existing Licensee demonstrates that the new facilities are not
comparable to the former facilities, the New Entrant must remedy the
(e) Subject to the terms of this paragraph (e), the relocation of
Existing Licensees will be carried out by MSS licensees in the
(1) Existing Licensees and MSS licensees may negotiate individually or
collectively for relocation of Existing Licensees to one of the channel
plans specified in § 74.602(a)(3) of this chapter. Parties may not
decline to negotiate, though Existing Licensees may decline to be
(i) MSS licensees may relocate all Existing Licensees in Nielsen
Designated Market Areas (DMAs) 1-30, as such DMAs existed on September
6, 2000, and all fixed stations operating in the 1990-2025 MHz band on
a primary basis, except those Existing Licensees that decline
relocation. Such relocation negotiations shall be conducted as
“mandatory negotiations,” as that term is used in § 101.73 of this
chapter. If these parties are unable to reach a negotiated agreement,
MSS Licensees may involuntarily relocate such Existing Licensees and
fixed stations after December 8, 2004.
(iii) On the date that the first MSS licensee begins operations in the
2000-2020 MHz band, a one-year mandatory negotiation period begins
between MSS licensees and Existing Licensees in Nielsen DMAs 31-210, as
such DMAs existed on September 6, 2000. After the end of the mandatory
negotiation period, MSS licensees may involuntary relocate any Existing
Licensees with which they have been unable to reach a negotiated
agreement. As described elsewhere in this paragraph (e), MSS Licensees
are obligated to relocate these Existing Licensees within the specified
three- and five-year time periods.
(2) Before negotiating with MSS licensees, Existing Licensees in
Nielsen Designated Market Areas where there is a BAS frequency
coordinator must coordinate and select a band plan for the market area.
If an Existing Licensee wishes to operate in the 2025-2110 MHz band
using the channels A03-A07 as specified in the Table in § 74.602(a) of
this part, then all licensees within that Existing Licensee's market
must agree to such operation and all must operate on a secondary basis
to any licensee operating on the channel plan specified in
§ 74.602(a)(3) of this part. All negotiations must produce solutions
that adhere to the market area's band plan.
(5) As of the date the first MSS licensee begins operations in the
1990-2025 MHz band, MSS Licensees must relocate Existing Licensees in
DMAs 31-100, as they existed as of September 6, 2000, within three
years, and in the remaining DMAs, as they existed as of September 6,
2000, within five years.
(6) On December 9, 2013, all Existing Licensees will become secondary
in the 1990-2025 MHz band. Upon written demand by any MSS licensee,
Existing Licensees must cease operations in the 1990-2025 MHz band
within six months.
[ 65 FR 48180 , Aug. 7, 2000, as amended at 67 FR 53756 , Aug. 19, 2002;
68 FR 68252 , Dec. 8, 2003; 69 FR 62621 , Oct. 27, 2004; 69 FR 67836 ,
Nov. 22, 2004; 74 FR 29613 , June 23, 2009]
Subpart G—Low Power TV, TV Translator, and TV Booster Stations
Goto Section: 74.682 | 74.701
Goto Year: 2020 |
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