The Broadband Radio Service (BRS) licenses to be offered in Auction 86 consist of the available spectrum in 78 BRS service areas. The maximum amount of spectrum that may be available in a given BRS area is 76.5 megahertz. See BRS band plan (pdf
). This maximum is not available in all service areas due to the existence of incumbent site-based licensees in the 2496-2690 MHz band. BRS service areas are BTAs or additional service areas similar to BTAs adopted by the Commission. Overlay licenses for 75 of the BTAs originally offered in Auction 6 are available now as a result of default, cancellation, or termination. In one case the available license does not cover the entire BTA due to a previous partitioning. Underlying, pre-existing incumbent BRS licenses within these geographic areas remain intact. This auction will also include three additional licenses for BRS service areas in the Gulf of Mexico. A complete list of licenses available for Auction 86 is included as Attachment A of the Auction 86 Comment Public Notice DA 09-843, released April 24, 2009.
All BRS licensees must make a showing of “substantial service” in their licensed area no later than May 1, 2011. Failure by any licensee to meet the requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. See 47 C.F.R. § 27.14(o)
See 47 C.F.R. §§ 1.2110(f)(2)
. Bidding credits are not cumulative. A qualifying applicant may claim either a 15 percent, 25 percent, or 35 percent bidding credit on its winning bids.
Previously-awarded geographic area licenses – BRS licenses have previously been awarded through auction (Auction 6) for BTAs other than those in this auction, and the previously-awarded licenses may have since been assigned or partitioned. Such BRS geographic area licenses authorize operation within a BTA and provide the licensee with rights similar to those being offered in Auction 86.
Incumbent and geographic area BRS licenses are entitled to interference protection in accordance with the applicable technical rules. See 47 C.F.R.§§ 27.50-27.66, 27.1221
Additionally, on the E and F channel groups, grandfathered Educational Broadband Service (“EBS”) licenses originally issued on those channels prior to 1983 may continue to operate indefinitely. Such grandfathered EBS licenses must be protected in accordance with the applicable technical rules. See 47 C.F.R. § 27.1215
Operations within the 2614-2618 MHz band are secondary to adjacent channel operations. See 47 C.F.R. § 27.1222
In the 2496-2500 MHz band, BRS licensees must share the band on a co-primary basis with code division multiple access Mobile Satellite Service operators, grandfathered Broadcast Auxiliary Service stations, and grandfathered land mobile and microwave licenses licensed under Parts 90 and 101 of the Commission’s rules, respectively. In addition, the 2400-2500 MHz band is allocated for use by Industrial, Scientific, and Medical equipment under Part 18 of the Commission’s rules.