$//PN, WTB announces Voluntary Negotiation period for 2 GHz, DA 96-838//$ PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 96-838 May 24, 1996 WIR ELESS TELECOMMUNICATIONS BUREAU ANNOUNCES COMMENCEMENT OF THE VOLUNTARY NEGOTIATION PERIOD FOR 2 GHZ MICROWAVE INC UMBENTS OPERATING IN THE BROADBAND PCS "C" BLOCK In the Emerging Technologies docket (ET Docket No. 92-9), the Commission established a three-stage process for relocation of microwave incumbents currently operating on 2 GHz frequencies allocated to Broadband PCS. The first phase is a two-year voluntary negotiation period (three years for public safety incumbents) during which PCS licensees may negotiate with microwave incumbents regarding relocation. The second phase is a one-year mandatory negotiation period (two years for public safety incumbents) during which the parties are obligated to negotiate in good faith. The mandatory negotiation period is triggered at the option of the PCS licensee, but PCS licensees may not invoke their right to mandatory negotiation until the voluntary negotiation period has expired. Following the expiration of the mandatory period, incumbents who have not entered into negotiated agreements are subject to involuntary relocation under the Commission's rules. The Commission's rules provide that the voluntary negotiations period for 2 GHz incumbents commence with the acceptance of applications for the emerging technology service. See e.g., 47 C.F.R.  94.59(b). By this Public Notice, the Wireless Telecommunications Bureau announces that the two-year voluntary negotiation period for 2 GHz microwave incumbents operating in the broadband PCS "C" block shall be deemed to have commenced on May 22, 1996, the date that the C block auction winners filed their long form applications. Accordingly, under current rules, the voluntary negotiation period for non-public safety microwave licensees in these blocks expires on May 22, 1998. For public safety microwave licensees operating in C block, the three-year voluntary negotiation period began on May 22, 1996 and expires May 22, 1999. The duration of these periods is potentially subject to change, however, based on the Further Notice of Proposed Rule Making recently adopted by the Commission in WT Docket No. 95-157. In the Further Notice, the Commission sought comment, inter alia, on whether to shorten the voluntary negotiation period for C block from two years to one year (three years to two years for public safety incumbents) and lengthen the mandatory period from one year to two years (two years to three years for public safety incumbents). Comments in response to the Further Notice are due May 28, 1996 and reply comments are due June 7, 1996. For further information contact Michael Hamra at (202) 418-0620.