Goto Section: 27.1164 | 27.1168 | Table of Contents
FCC 27.1166
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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]
return arrow Back to Top
Goto Section: 27.1164 | 27.1168
Goto Year: 2014 |
2016
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public