Goto Section: 27.1166 | 27.1170 | Table of Contents
FCC 27.1168
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 27.1168 Triggering a Reimbursement Obligation.
(a) The clearinghouse will apply the following test to determine when an AWS
entity or MSS/ATC entity has triggered a cost-sharing obligation and
therefore must pay an AWS relocator, MSS relocator (including MSS/ATC), or a
voluntarily relocating microwave incumbent in accordance with the formula
detailed in Sec. 27.1164:
(1) All or part of the relocated microwave link was initially co-channel
with the licensed AWS band(s) of the AWS entity or the selected assignment
of the MSS operator that seeks and obtains ATC authority (see
Sec. 25.149(a)(2)(i) of this chapter);
(2) An AWS relocator, MSS relocator (including MSS/ATC) or a voluntarily
relocating microwave incumbent has paid the relocation costs of the
microwave incumbent; and
(3) The AWS or MSS entity is operating or preparing to turn on a fixed base
station (including MSS/ATC) at commercial power and the fixed base station
is located within a rectangle (Proximity Threshold) described as follows:
(i) The length of the rectangle shall be x where x is a line extending
through both nodes of the microwave link to a distance of 48 kilometers (30
miles) beyond each node. The width of the rectangle shall be y where y is a
line perpendicular to x and extending for a distance of 24 kilometers (15
miles) on both sides of x . Thus, the rectangle is represented as follows:
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(ii) If the application of the Proximity Threshold Test indicates that a
reimbursement obligation exists, the clearinghouse will calculate the
reimbursement amount in accordance with the cost-sharing formula and notify
the AWS or MSS/ATC entity of the total amount of its reimbursement
obligation.
(b) Once a reimbursement obligation is triggered, the AWS or MSS/ATC entity
may not avoid paying its cost-sharing obligation by deconstructing or
modifying its facilities.
Goto Section: 27.1166 | 27.1170
Goto Year: 2007 |
2009
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