(a) 2305-2320 MHz and 2345-2360 MHz bands.
The following frequencies are available for WCS in the 2305-2320 MHz and 2345-2360 MHz bands:
Two paired channel blocks are available for assignment on a Major Economic Area basis as follows:
Two unpaired channel blocks are available for assignment on a Regional Economic Area Grouping basis as follows:
(b) 746-763 MHz, 775-793 MHz, and 805-806 MHz bands.
The following frequencies are available for licensing pursuant to this part in the 746-763 MHz, 775-793 MHz, and 805-806 MHz bands:
Two paired channels of 1 megahertz each are available for assignment in Block A in the 757-758 MHz and 787-788 MHz bands.
Two paired channels of 1 megahertz each are available for assignment in Block B in the 775-776 MHz and 805-806 MHz bands.
Two paired channels of 11 megahertz each are available for assignment in Block C in the 746-757 MHz and 776-787 MHz bands. In the event that no licenses for two channels in this Block C are assigned based on the results of the first auction in which such licenses were offered because the auction results do not satisfy the applicable reserve price, the spectrum in the 746-757 MHz and 776-787 MHz bands will instead be made available for assignment at a subsequent auction as follows:
Two paired channels of 6 megahertz each available for assignment in Block C1 in the 746-752 MHz and 776-782 MHz bands.
Two paired channels of 5 megahertz each available for assignment in Block C2 in the 752-757 MHz and 782-787 MHz bands.
Two paired channels of 5 megahertz each are available for assignment in Block D in the 758-763 MHz and 788-793 MHz bands.
(c) 698-746 MHz band.
The following frequencies are available for licensing pursuant to this part in the 698-746 MHz band:
Three paired channel blocks of 12 megahertz each are available for assignment as follows:
Two unpaired channel blocks of 6 megahertz each are available for assignment as follows:
(d) 1390-1392 MHz band.
The 1390-1392 MHz band is available for assignment on a Major Economic Area basis.
(e) The paired 1392-1395 and 1432-1435 MHz bands.
The paired 1392-1395 MHz and 1432-1435 MHz bands are available for assignment on an Economic Area Grouping basis as follows: Block A: 1392-1393.5 MHz and 1432-1433.5 MHz; and Block B: 1393.5-1395 MHz and 1433.5-1435 MHz.
(f) 1670-1675 MHz band.
The 1670-1675 MHz band is available for assignment on a nationwide basis.
(h) 1710-1755 MHz and 2110-2155 MHz bands.
The following frequencies are available for licensing pursuant to this part in the 1710-1755 MHz and 2110-2155 MHz bands:
Three paired channel blocks of 10 megahertz each are available for assignment as follows:
Three paired channel blocks of 5 megahertz each are available for assignment as follows:
(i) Frequency assignments for the BRS/EBS band.
Pre-transition frequency assignments.
(2) Post transition frequency assignments.
The frequencies available in the Broadband Radio Service (BRS) and Educational Broadband Service (EBS) are listed in this section in accordance with the frequency allocations table of § 2.106 of this chapter.
Lower Band Segment (LBS): The following channels shall constitute the Lower Band Segment:
Middle Band Segment (MBS): The following channels shall constitute the Middle Band Segment:
Upper Band Segment (UBS): The following channels shall constitute the Upper Band Segment:
Note to paragraph (i)(2):
No 125 kHz channels are provided for channels in operation in this service. The 125 kHz channels previously associated with these channels have been reallocated to Channel G3 in the upper band segment.
During the transition (see §§ 27.1230-27.1239) EBS and BRS licensees may exchange channels to effectuate the transition of the 2.5 GHz band in a given BTA.
A temporary fixed broadband station may use any available broadband channel on a secondary basis, except that operation of temporary fixed broadband stations is not allowed within 56.3 km (35 miles) of Canada.
A point-to-point EBS station on the E and F-channel frequencies, may be involuntarily displaced by a BRS applicant or licensee, provided that suitable alternative spectrum is available and that the BRS entity bears the expenses of the migration. Suitability of spectrum will be determined on a case-by-base basis; at a minimum, the alternative spectrum must be licensable by broadband operators on a primary basis (although it need not be specifically allocated to the broadband service), and must provide a signal that is equivalent to the prior signal in picture quality and reliability, unless the broadband licensee will accept an inferior signal. Potential expansion of the BRS licensee may be considered in determining whether alternative available spectrum is suitable.
If suitable alternative spectrum is located pursuant to paragraph (h)(6)(i) of this section, the initiating party must prepare and file the appropriate application for the new spectrum, and must simultaneously serve a copy of the application on the EBS licensee to be moved. The initiating party will be responsible for all costs connected with the migration, including purchasing, testing and installing new equipment, labor costs, reconfiguration of existing equipment, administrative costs, legal and engineering expenses necessary to prepare and file the migration application, and other reasonable documented costs. The initiating party must secure a bond or establish an escrow account to cover reasonable incremental increase in ongoing expenses that may fall upon the migrated licensee. The bond or escrow account should also account for the possibility that the initiating party subsequently becomes bankrupt. If it becomes necessary for the Commission to assess the sufficiency of a bond or escrow amount, it will take into account such factors as projected incremental increase in electricity or maintenance expenses, or relocation expenses, as relevant in each case.
The EBS licensee to be moved will have a 60-day period in which to oppose the involuntary migration. The broadband party should state its opposition to the migration with specificity, including engineering and other challenges, and a comparison of the present site and the proposed new site. If involuntary migration is granted, the new facilities must be operational before the initiating party will be permitted to begin its new or modified operations. The migration must not disrupt the broadband licensee's provision of service, and the broadband licensee has the right to inspect the construction or installation work.
[62 FR 9658, Mar. 3, 1997, as amended at 65 FR 3145, Jan. 20, 2000; 65 FR 17602, Apr. 4, 2000; 67 FR 5510, Feb. 6, 2002; 67 FR 41854, June 20, 2002; 69 FR 5714, Feb. 6, 2004; 69 FR 72032, Dec. 10, 2004; 69 FR 77950, Dec. 29, 2004; 70 FR 58064, Oct. 5, 2005; 71 FR 35189, June 19, 2006; 72 FR 48844, Aug. 24, 2007; 73 FR 26038, May 8, 2008; 74 FR 49337, Sept. 28, 2009; 75 FR 33731, June 15, 2010]