Goto Section: 27.1166 | 27.1170 | Table of Contents
FCC 27.1168
Revised as of October 5, 2017
Goto Year:2016 |
2018
§ 27.1168 Triggering a Reimbursement Obligation.
(a) The clearinghouse will apply the following test to determine when
an AWS entity has triggered a cost-sharing obligation and therefore
must pay an AWS relocator, MSS relocator, 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 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 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:
eCFR graphic 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 entity of the total amount of its reimbursement
obligation.
(b) Once a reimbursement obligation is triggered, the AWS entity may
not avoid paying its cost-sharing obligation by deconstructing or
modifying its facilities.
[ 71 FR 29835 , May 24, 2006, as amended at 78 FR 8271 , Jan. 5, 2013]
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Goto Section: 27.1166 | 27.1170
Goto Year: 2016 |
2018
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