Are BRS incumbents allow to self-relocate and seek reimbursement?
No. The FCC, in devising its regulations regarding BRS self-relocation and reimbursement, sought to maintain a balance between the needs of new entrants and incumbent operations. The Commission recognized that deployment of AWS systems would likely pit new entrants against incumbents offering competitive services. The Commission's decision to base BRS relocation on the AWS entry timetable and potential interference to BRS incumbents provides a bright-line that seeks to avoid disputes between prospective competitors. Furthermore, the FCC concluded that the diversity of incumbent BRS facilities and services makes it difficult to allow self-relocation based on cost estimates and a cost cap.

Are there caps associated with relocation expenditures of BRS systems?
No. Unlike the caps the FCC established for relocation of fixed microwave systems, the FCC declined to adopt a cap on the amount of money that can be spent or recovered via the cost-sharing process on the relocations of incumbent BRS systems.

How long will BRS incumbents remain primary in the AWS spectrum band?
Under the FCC's Ninth Report and Order, BRS incumbents will remain primary for 15 years after the date the first AWS license is issued in the 2150-2160 MHz band. The first AWS license was issued by the FCC on November 29, 2006. Therefore, BRS incumbents will remain primary until November 29, 2021.

Is Customer Premises Equipment (CPE) included in the relocation of BRS incumbents?
Yes. In order to minimize disruption to an incumbent's customers, the FCC concluded that the replacement of Customer Premises Equipment (CPE) in use at the time of relocation is a necessary provision of the "comparable facilities" requirement.

What is a Geographical Service Area (GSA)?
A Geographical Service Area (GSA) is the Protected Service Area (PSA) of a BRS licensee and is generally the area within a 35 mile radius of the transmitter site, as contained in the BRS licensee's site-based license.

How will BRS systems be relocated?
BRS relocations will occur on a system-by-system basis, not link-by-link. After a review of the concerns raised by the affected licensees, the FCC adopted a policy stating that BRS system relocations shall take place on a system-by-system basis based on potential interference to BRS incumbent. This relocation includes the base station and all end-user units served by that base station.

What is an incumbent entitled to when relocation takes place?
All BRS licensees whose systems are primary in status are entitled to "comparable facilities."

What are comparable facilities?
According to the FCC, an incumbent whose Broadband Radio Service system has primary status is entitled to "comparable facilities". There are three components that determine comparable facilities - throughput (the amount of information transferred within the system in a given amount of time), reliability (the degree to which information is transferred accurately and dependably within the system) and operating costs (cost to operate and maintain the system).

Which AWS licensees are responsible for relocating eligible BRS systems?
Under current FCC rules, only F block licensees in the AWS spectrum band are required to relocate incumbent BRS systems. The Commission's Ninth Report and Order, however, states that any AWS licensee that interferes with incumbent BRS operations, regardless of the channel block on which it transmits, shall take necessary steps to eliminate the interference, including relocation of the BRS licensee.

What are the negotiation periods for the relocation of BRS systems?
The FCC established a mandatory three year negotiation period for each BRS incumbent that begins when the AWS entrant informs the BRS licensee in writing of its intent to negotiate.

Does a BRS licensee have the right to suspend negotiations?
Yes. A BRS licensee may suspend the running of the negotiation period for up to one year if it cannot be relocated to comparable facilities at the end of the negotiation period.

What is an involuntary relocation?
If no agreement is reached during the mandatory negotiation period, the new entrant is permitted to proceed to the involuntary relocation of the incumbent. During the involuntary relocation process, the FCC's Emerging Technologies procedures require new entrants to construct, test, and deliver replacement facilities comparable to facilities in use by the incumbent at the time of relocation, subject to a one year "right of return."

For cost-sharing purposes, what are the different interference tests for BRS systems and when is it appropriate to use one versus the other?
Depending on the configuration of the incumbent BRS system, the CTIA Spectrum Clearinghouse will apply one of two tests to determine if a cost-sharing obligation is triggered. In the first case, when an incumbent's system is providing exclusively one-way transmissions, the CTIA Spectrum Clearinghouse will apply the line-of-sight test. Specifically, this test determines whether the AWS base station has an unobstructed line-of-sight (LOS) to the incumbent's Geographical Service Area (GSA) based on criteria such as the actual height and terrain elevation of the AWS base station, 30 feet (or 9.1 meters) as the receiving antenna height, and the assumption of 4/3 earth radius propagation conditions.

For a two-way system, the CTIA Spectrum Clearinghouse determines whether the AWS base station has an unobstructed LOS of the incumbent's receive station hub in accordance with the methods described in the FCC document "Methods for Predicting Interference from Response Station Transmitters and to Response Station Hubs and for Supplying Data on Response Station Systems. MM Docket 97-217".

What about modifications to existing systems?
According to the FCC, any modification made to an existing BRS system after the effective date of the FCC's Ninth Report and Order deemed as "major" will be considered secondary and shall not be eligible for relocation at an AWS licensee's expense.

Which modifications are eligible for relocation at the AWS licensee's expense?
Any modification after the release of the FCC's Ninth Report and Order not deemed "major" shall be considered primary and shall remain eligible for relocation at the AWS licensee's expense. This does include modifications made to fully use the existing throughput of existing facilities to add customers even if such changes increase the size or coverage of the service area, or interference potential.

What if my company leases its spectrum to a third party?
The FCC has determined that a BRS licensee that leases its spectrum is still entitled to relocation at a later entrant's expense, as long as all other eligibility requirements are fully satisfied. The Commission also has stated that leased facilities may be the basis for determining comparable facilities, and a licensee may include a lessee in negotiations. However, the lessee's participation is not required, nor is it entitled to a separate right of recovery.

Do BRS licensees need to disclose their customer identities or locations?
No. Per the FCC, because AWS and BRS licensees are potential competitors, BRS licensees do not have to disclose customer identities or locations to AWS entrants.

What is sunset?
Sunset is the term the FCC uses to describe the date on which its rules for fixed microwave and BRS relocations and cost-sharing in the AWS band terminate.

When will sunset take place?
Sunset is scheduled to take place on November 29, 2021 for BRS relocations, 15 years after the first F block license was awarded.