Goto Section: 27.1180 | 27.1184 | Table of Contents
FCC 27.1182
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 27.1182 Reimbursement under the Cost-Sharing Plan.
(a) Registration of reimbursement rights. (1) To obtain reimbursement, an
AWS 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 must submit documentation of the relocated system within 30
calendar days after the end of the one-year trial period.
(2) Registration of any BRS system shall include:
(i) A description of the system's frequency use;
(ii) If the system exclusively provides one-way transmissions to
subscribers, the Geographic Service Area of the system; and
(iii) If the system does not exclusively provide one-way transmission to
subscribers, the system hub antenna's geographic location and the above
ground level height of the system's receiving antenna centerline.
(3) The AWS relocator must also include with its system registration an
independent third party appraisal of the 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 that are not necessary to the provision of comparable
facilities. An AWS relocator may submit registration without a third party
appraisal if it consents to binding resolution by the clearinghouse of any
good faith cost disputes regarding the reimbursement claim, under the
following standard: The relocator shall bear the burden of proof, and be
required to demonstrate by clear and convincing evidence that its request
does not exceed the actual cost of relocating the relevant BRS system or
systems to comparable facilities. Failure to satisfy this burden of proof
will result in loss of rights to subsequent reimbursement of the disputed
costs from any AWS licensee.
(b) Documentation of expenses. Once relocation occurs, the AWS relocator
must submit documentation itemizing the amount spent for items specifically
listed in Sec. 27.1180(b), as well as any reimbursable items not specifically
listed in Sec. 27.1180(b) that are directly attributable to actual relocation
costs. Specifically, the AWS relocator must submit, in the first instance,
only the uniform cost data requested by the clearinghouse along with copies,
without redaction, of the relocation agreement, if any, and the third party
appraisal described in (a)(3), of this section, if prepared. The AWS
relocator must identify the particular system associated with appropriate
expenses ( i.e. , costs may not be averaged over numerous systems). If an
AWS relocator pays a BRS incumbent a monetary sum to relocate its own
facilities in whole or in part, the AWS relocator must itemize the actual
costs to the extent determinable, and otherwise must estimate the actual
costs associated with relocating the incumbent and itemize these costs. If
the sum paid to the incumbent cannot be accounted for, the remaining amount
is not eligible for reimbursement. All AWS relocators seeking reimbursement
through the clearinghouse have an ongoing duty to maintain all relevant
records of BRS relocation-related expenses until the sunset of cost-sharing
obligations, and to provide, upon request, such documentation, including a
copy of the independent appraisal if one was conducted, to the
clearinghouse, the Commission, or AWS entrants that trigger a cost-sharing
obligation.
(c) Full reimbursement. An AWS relocator who relocates a BRS system that is
either:
(1) Wholly outside its frequency band; or
(2) Not within line of sight of the relocator's transmitting base station
may seek full reimbursement through the clearinghouse of compensable costs.
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. 27.1176 through 27.1190. 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.
Goto Section: 27.1180 | 27.1184
Goto Year: 2007 |
2009
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