What is the negotiation period associated with the 2.1GHz spectrum relocation?
In the AWS cost sharing procedures, the FCC’s orders require parties to enter a mandatory period of negotiation. To initiate this negotiation, the new entrant informs the incumbent in writing that it desires to negotiate. During this time the AWS entrants and microwave incumbents are required to negotiate the terms for relocation in good faith. Good faith means the FCC expects licensees and incumbents to demonstrate reasonable and necessary efforts in resolving incurred expenses of relocation. The mandatory negotiation period can vary based upon the classification type of the incumbent. For instance, public safety microwave incumbents have a 3 year mandatory negotiation period. However, non-public safety incumbents have a 2 year mandatory negotiation period. If no resolution is reached, at the end of these periods the new entrant can initiate the involuntary relocation procedures.
