Sec. 24.239  Cost-sharing requirements for broadband PCS.

    Frequencies in the 1850-1990 MHz band listed in Sec. 101.147(c) of 
this chapter have been allocated for use by PCS. In accordance with 
procedures specified in Secs. 101.69 through 101.81 of this chapter, PCS 
entities (both licensed and unlicensed) are required to relocate the 
existing Fixed Microwave Services (FMS) licensees in these bands if 
interference to the existing FMS operations would occur. All PCS 
entities who benefit from spectrum clearance by other PCS entities or a 
voluntarily relocating microwave incumbent, must contribute to such 
relocation costs. PCS entities may satisfy this requirement by entering 
into private cost-sharing agreements or agreeing to terms other than 
those specified in Sec. 24.243. However, PCS entities are required to 
reimburse other PCS entities or voluntarily relocating microwave 
incumbents that incur relocation costs and are not parties to the 
alternative agreement. In addition, parties to a private cost-sharing 
agreement may seek reimbursement through the clearinghouse (as discussed 
in Sec. 24.241) from PCS entities that are not parties to the agreement. 
The cost-sharing plan is in effect during all phases of microwave 
relocation specified in Sec. 101.69 of this chapter.
[ 62 FR 12757 , Mar. 18, 1997]