Goto Section: 27.1164 | 27.1168 | Table of Contents
FCC 27.1166
Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 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 § 27.1162) claims for reimbursement (see § 27.1166) and
notices of operation (see § 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 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 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 § 101.305 of the
Commission's rules.
(b) Documentation of expenses. Once relocation occurs, the AWS
relocator, or the voluntarily relocating microwave incumbent, must
submit documentation itemizing the amount spent for items specifically
listed in § 27.1164(b), as well as any reimbursable items not
specifically listed in § 27.1164(b) that are directly attributable to
actual relocation costs. Specifically, the AWS 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) of
this section, if relocation was undertaken by the microwave incumbent.
AWS 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 § 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 § 27.1164(b).
(2) Identification of links. The AWS 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 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 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
§ 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 § § 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 § 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, but is entitled to reimbursement from the first AWS
beneficiary for its actual costs for relocating the paired link,
subject to the reimbursement cap in § 27.1164(b). This amount is
subject to depreciation as specified in § 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 § § 27.1164 and 27.1168. For purposes of applying the
cost-sharing formula relative to other AWS licensees that benefit from
the self-relocation, depreciation shall run from the date on which the
clearinghouse issues the notice of an obligation to reimburse the
voluntarily relocating microwave incumbent.
[ 71 FR 29835 , May 24, 2006, as amended at 78 FR 8270 , Jan. 5, 2013]
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Goto Section: 27.1164 | 27.1168
Goto Year: 2013 |
2015
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