Goto Section: 27.1164 | 27.1168 | Table of Contents
FCC 27.1166
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 27.1166 Reimbursement under the Cost-Sharing Plan.
(a) Registration of reimbursement rights . Claims for reimbursement under
the cost-sharing plan are limited to relocation expenses incurred on or
after the date when the first AWS license is issued in the relevant AWS band
(start date). If a clearinghouse is not selected by that date (see Sec. 27.1162)
claims for reimbursement (see Sec. 27.1166) and notices of operation (see
Sec. 27.1170) for activities that occurred after the start date but prior to the
clearinghouse selection must be submitted to the clearinghouse within 30
calendar days of the selection date.
(1) To obtain reimbursement, an AWS relocator or MSS/ATC relocator must
submit documentation of the relocation agreement to the clearinghouse within
30 calendar days of the date a relocation agreement is signed with an
incumbent. In the case of involuntary relocation, an AWS relocator or
MSS/ATC relocator must submit documentation of the relocated system within
30 calendar days after the end of the relocation.
(2) To obtain reimbursement, a voluntarily relocating microwave incumbent
must submit documentation of the relocation of the link to the clearinghouse
within 30 calendar days of the date that the incumbent notifies the
Commission that it intends to discontinue, or has discontinued, the use of
the link, pursuant to Sec. 101.305 of the Commission's rules.
(b) Documentation of expenses . Once relocation occurs, the AWS relocator,
MSS/ATC relocator, or the voluntarily relocating microwave incumbent, must
submit documentation itemizing the amount spent for items specifically
listed in Sec. 27.1164(b), as well as any reimbursable items not specifically
listed in Sec. 27.1164(b) that are directly attributable to actual relocation
costs. Specifically, the AWS relocator, MSS/ATC relocator, or the
voluntarily relocating microwave incumbent must submit, in the first
instance, only the uniform cost data requested by the clearinghouse along
with a copy, without redaction, of either the relocation agreement, if any,
or the third party appraisal described in (b)(1), if relocation was
undertaken by the microwave incumbent. AWS relocators, MSS/ATC relocators
and voluntarily relocating microwave incumbents must maintain documentation
of cost-related issues until the applicable sunset date and provide such
documentation upon request, to the clearinghouse, the Commission, or
entrants that trigger a cost-sharing obligation. If an AWS relocator pays a
microwave incumbent a monetary sum to relocate its own facilities, the AWS
relocator must estimate the costs associated with relocating the incumbent
by itemizing the anticipated cost for items listed in Sec. 27.1164(b). If the
sum paid to the incumbent cannot be accounted for, the remaining amount is
not eligible for reimbursement.
(1) Third party appraisal . The voluntarily relocating microwave incumbent,
must also submit an independent third party appraisal of its compensable
relocation costs. The appraisal should be based on the actual cost of
replacing the incumbent's system with comparable facilities and should
exclude the cost of any equipment upgrades or items outside the scope of
Sec. 27.1164(b).
(2) Identification of links . The AWS relocator, MSS/ATC relocator, or the
voluntarily relocating microwave incumbent, must identify the particular
link associated with appropriate expenses ( i.e. , costs may not be averaged
over numerous links). Where the AWS relocator, MSS/ATC relocator, or
voluntarily relocating microwave incumbent relocates both paths of a paired
channel microwave link ( e.g. , 2110–2130 MHz with 2160–2180 MHz and
2130–2150 MHz with 2180–2200 MHz), the AWS relocator, MSS/ATC relocator, or
voluntarily relocating microwave incumbent must identify the expenses
associated with each paired microwave link.
(c) Full Reimbursement . An AWS relocator who relocates a microwave link
that is either fully outside its market area or its licensed frequency band
may seek full reimbursement through the clearinghouse of compensable costs,
up to the reimbursement cap as defined in Sec. 27.1164(b). Such reimbursement
will not be subject to depreciation under the cost-sharing formula.
(d) Good Faith Requirement . New entrants and incumbent licensees are
expected to act in good faith in satisfying the cost-sharing obligations
under Sec. Sec. 27.1160 through 27.1174. The requirement to act in good faith
extends to, but is not limited to, the preparation and submission of the
documentation required in paragraph (b) of this section.
(e) MSS Participation in the Clearinghouse . MSS operators are not required
to submit reimbursements to the clearinghouse for links relocated due to
interference from MSS space-to-Earth downlink operations, but may elect to
do so, in which case the MSS operator must identify the reimbursement claim
as such and follow the applicable procedures governing reimbursement in part
27. MSS reimbursement rights and cost-sharing obligations for space-to-Earth
downlink operations are governed by Sec. 101.82 of this chapter.
(f) Reimbursement for Self-relocating FMS links in the 2130–2150 MHz and
2180–2200 MHz bands . Where a voluntarily relocating microwave incumbent
relocates a paired microwave link with paths in the 2130–2150 MHz and
2180–2200 MHz bands, it may not seek reimbursement from MSS operators
(including MSS/ATC operators), but is entitled to partial reimbursement from
the first AWS beneficiary, equal to fifty percent of its actual costs for
relocating the paired link, or half of the reimbursement cap in Sec. 27.1164(b),
whichever is less. This amount is subject to depreciation as specified
Sec. 27.1164(b). An AWS licensee who is obligated to reimburse relocation costs
under this rule is entitled to obtain reimbursement from other AWS
beneficiaries in accordance with Sec. Sec. 27.1164 and 27.1168. For purposes of
applying the cost-sharing formula relative to other AWS licensees that
benefit from the self-relocation, the fifty percent attributable to the AWS
entrant shall be treated as the entire cost of the link relocation, and
depreciation shall run from the date on which the clearinghouse issues the
notice of an obligation to reimburse the voluntarily relocating microwave
incumbent. The cost-sharing obligations for MSS operators in the 2180–2200
MHz band are governed by Sec. 101.82 of this chapter.
Goto Section: 27.1164 | 27.1168
Goto Year: 2007 |
2009
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