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]