§  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 § 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 § 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:
   [er24my06.008.gif]

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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.