§  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 §  27.1180(b), as well as any reimbursable
   items not specifically listed in §  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 § §  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.

   return arrow Back to Top