162. For example, under this scenario, could the license for the commercial bands be paired with an "overlay" license in Federal bands providing that commercial use of such bands would be entirely contingent upon successful coordination with incumbent Federal users? Alternatively, could the commercial licenses grant to the licensee exclusive eligibility status with respect to a future assignment of rights in such Federal bands? Could an auction proceed in two stages, to enable the initial assignment of a "negotiation right" and subsequent payments into the
Non-Federal Relocation and Cost Sharing
163. 2155-2180 MHz. There are two non-Federal incumbent services still authorized in portions of the 2155-2180 MHz band: There are approximately 250 Fixed Microwave Service ("FS") licenses in the 2160-2180 MHz band and approximately five BRS licensees in the 2150-2160/62 MHz band. The FS operations in the 2160-2180 MHz band are typically configured to provide two-way microwave communications using paired links in the 2110-2130 MHz band. While few BRS systems remain, in the past BRS systems were deployed via three types of system configurations: high-power video stations, high-power fixed two-way systems, and low-power, cellularized two-way systems. Under the Commission's rules, AWS licensees in these bands must protect incumbent operations or relocate the incumbent licensees to comparable facilities, until the applicable "sunset date," after which the incumbents must cease operating if the AWS licensee intends to operate a station in the relevant area. The Commission's rules also address cost-sharing reimbursement to cover the scenario where relocation of an incumbent system benefits more than one AWS licensee. We propose to extend to the AWS-3 band the current relocation and cost sharing rules for both the FS in the 2160-2180 MHz band and the BRS in the 2150-2160/62 MHz band. We seek comment on this proposal.
164. 2020-2025 MHz. The 2020-2025 MHz band is part of the 1990-2025 MHz band that the Commission reallocated from the BAS to emerging technologies (ET) such as PCS, AWS, and MSS. Consistent with the relocation principles first established in the Commission's Emerging Technologies proceeding, each new entrant had an independent responsibility to relocate incumbent BAS licensees. In addition, as a general rule, the Commission's traditional cost-sharing principles are applicable to the 1990-2025 MHz band. Sprint, which is the PCS licensee at 1990-1995 MHz, completed the BAS transition for the entire 35 megahertz in 2010. In 2011, Sprint notified the Commission that it entered in a private settlement with DISH to resolve the dispute with MSS licensees with respect to MSS licensees' obligation to reimburse Sprint for their share of the BAS relocation costs. Accordingly, the only remaining cost-sharing obligations in the 1990-2025 MHz band are attributable to the remaining, unassigned ten megahertz of spectrum in the 1990-2025 MHz band: 1995-2000 MHz and 2020-2025 MHz.
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