§ 73.3701   Reimbursement under the Reimbursement Expansion Act.

   (a) Definitions—(1) Eligibility Certification/Reimbursement Form. For
   purposes of this section, the term Eligibility
   Certification/Reimbursement Form means the form(s) developed by the
   Media Bureau for processing reimbursement requests under the
   Reimbursement Expansion Act.

   (2) FM station. For purposes of this section, the term FM station means
   an “FM broadcast station” as defined in § 73.310.

   (3) Incentive Auction. For purposes of this section, the term Incentive
   Auction means the broadcast television spectrum incentive auction and
   repacking process conducted under section 6403 of the Spectrum Act
   specifying the new channel assignments and technical parameters of any
   broadcast television stations that are reassigned to new channels.

   (4) Licensed. For purposes of this section, the term licensed means a
   station that was licensed or that had an application for a license to
   cover on file with the Commission on April 13, 2017.

   (5) Low power television station. For purposes of this section, the
   term low power television station means a low power television station
   as defined in 47 CFR 74.701.

   (6) Predetermined cost estimate. For purposes of this section,
   predetermined cost estimate means the estimated cost of an eligible
   expense as generally determined by the Media Bureau in a catalog of
   expenses eligible for reimbursement.

   (7) Reimbursement Expansion Act or REA. For purposes of this section,
   the term Reimbursement Expansion Act or REA means Division E, Financial
   Services & General Appropriation Act, 2018, Title V Independent
   Agencies, Public Law 115-141, Section 511 (codified at 47 U.S.C.
   1452(j)-(n)) adopted as part of the Consolidated Appropriations Act,
   2018, Public Law 115-141 (2018).

   (8) Reimbursement period. For purposes of this section, reimbursement
   period means the period ending July 3, 2023, pursuant to section
   511(j)(3)(B) of the REA.

   (9) Replacement translator station. For purposes of this section, the
   term replacement translator station means analog to digital replacement
   translator stations authorized pursuant to 47 CFR 74.787(a)(5).

   (10) Spectrum Act. For purposes of this section, the term Spectrum Act
   means Title VI of the Middle Class Tax Relief and Job Creation Act of
   2012 (Pub. L. 112-96).

   (11) Special Displacement Window. For purposes of this section, the
   term Special Displacement Window means the displacement application
   filing window conducted April 10, 2018 to June 1, 2018 for low power
   television, TV translator, and analog-to-digital replacement translator
   stations that were displaced by the incentive auction and repacking
   process.

   (12) Transmitting. For purposes of this section, the term transmitting
   means a low power television station, TV translator station, or
   replacement translator station operating not less than 2 hours in each
   day of the week and not less than a total of 28 hours per calendar week
   for 9 of the 12 months prior to April 13, 2017.

   (13) Reimbursement Fund. For purposes of this section, the
   Reimbursement Fund means the additional funding established by the REA.

   (14) TV translator station. For purposes of this section, the term TV
   translator station means a “television broadcast translator station” as
   defined in 47 CFR 74.701.

   (b) Eligibility for reimbursement. Only the following entities are
   eligible for reimbursement of relocation costs reasonably incurred:

   (1) Low power television stations. Low power television stations that
   filed an application for construction permit during the Special
   Displacement Window and such application was subsequently granted.
   Station must have been licensed and transmitting for not less than 2
   hours in each day of the week and not less than a total of 28 hours per
   calendar week for 9 of the 12 months prior to April 13, 2017.

   (2) TV translator stations. TV translator stations that filed an
   application for construction permit during the Special Displacement
   Window and such application was subsequently granted. Station must have
   been licensed and transmitting for not less than 2 hours in each day of
   the week and not less than a total of 28 hours per calendar week for 9
   of the 12 months prior to April 13, 2017.

   (3) Replacement translator stations. Replacement translator stations
   that filed an application for construction permit during the Special
   Displacement Window and such application was subsequently granted.
   Station must have been licensed and transmitting for not less than 2
   hours in each day of the week and not less than a total of 28 hours per
   calendar week for 9 of the 12 months prior to April 13, 2017.

   (4) FM station. FM stations licensed and transmitting as of April 13,
   2017, that experienced, at the site at which they were licensed and
   transmitting on that date, a disruption of service as a result of the
   reorganization of broadcast television spectrum under 47 U.S.C.
   1452(b).

   (c) Reimbursement process—(1) Estimated costs. (i) All entities that
   are eligible to receive reimbursement will be required to file an
   estimated cost form providing an estimate of their reasonably incurred
   costs and provide supporting documentation.

   (ii) Each eligible entity that submits an estimated cost form will be
   required to certify on its Eligibility Certification/Reimbursement Form
   inter alia, that:

   (A) It is eligible for reimbursement;

   (B) It believes in good faith that it will reasonably incur all of the
   estimated costs that it claims are eligible for reimbursement on the
   estimated cost form;

   (C) It will use all money received from the Reimbursement Fund only for
   expenses it believes in good faith are eligible for reimbursement;

   (D) It will comply with all policies and procedures relating to
   allocations, draw downs, payments, obligations, and expenditures of
   money from the Reimbursement Fund;

   (E) It will maintain detailed records, including receipts, of all costs
   eligible for reimbursement actually incurred;

   (F) It will file all required documentation of its relocation expenses
   as instructed by the Media Bureau;

   (G) It has not received nor does it expect to receive reimbursement
   from other sources for costs for which they are requesting
   reimbursement from the REA; and

   (H) Low power television stations, TV translator stations, and
   replacement translator stations must certify compliance with the
   minimum operating requirement set forth in paragraph (b)(1), (2), or
   (3) of this section.

   (I) FM stations must certify that they were licensed and transmitting
   at the facility implicated by the Incentive Auction on April 13, 2017.

   (iii) If an eligible entity seeks reimbursement for new equipment, it
   must provide a justification as to why it is reasonable under the
   circumstances to purchase new equipment rather than modify its
   corresponding current equipment.

   (iv) Eligible entities that submit their own cost estimates, as opposed
   to the predetermined cost estimates provided in the estimated cost
   form, must submit supporting evidence and certify that the estimate is
   made in good faith.

   (2) Final Allocation Deadline. (i) Upon completing construction or
   other reimbursable changes, or by a specific deadline prior to the end
   of the Reimbursement Period to be established by the Media Bureau,
   whichever is earlier, all eligible entities that received an initial
   allocation from the Reimbursement Fund must provide the Commission with
   information and documentation, including invoices and receipts,
   regarding their actual expenses incurred as of a date to be determined
   by the Media Bureau (the “Final Allocation Deadline”).

   (ii) If an eligible entity has not yet completed construction or other
   reimbursable changes by the Final Allocation Deadline, it must provide
   the Commission with information and documentation regarding any
   remaining eligible expenses that it expects to reasonably incur.

   (3) Final accounting. After completing all construction or reimbursable
   changes, eligible entities that have received money from the
   Reimbursement Fund will be required to submit final expense
   documentation containing a list of estimated expenses and actual
   expenses as of a date to be determined by the Media Bureau. Entities
   that have finished construction and have submitted all actual expense
   documentation by the Final Allocation Deadline will not be required to
   file at the final accounting stage.

   (4) Documentation requirements. (i) Each eligible entity that receives
   payment from the Reimbursement Fund is required to retain all relevant
   documents pertaining to construction or other reimbursable changes for
   a period ending not less than 10 years after the date on which it
   receives final payment from the Reimbursement Fund.

   (ii) Each eligible entity that receives payment from the Reimbursement
   Fund must make available all relevant documentation upon request from
   the Commission or its contractor.

   [ 84 FR 11252 , Mar. 26, 2019]

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