Sec. 24.243  The cost-sharing formula.

    A PCS relocator who relocates an interfering microwave link, i.e. 
one that is in all or part of its market area and in all or part of its 
frequency band or a voluntarily relocating microwave incumbent, is 
entitled to pro rata reimbursement based on the following formula:

[GRAPHIC] [TIFF OMITTED] TR12JN96.001

    (a) RN equals the amount of reimbursement.
    (b) C equals the actual cost of relocating the link. Actual 
relocation costs include, but are not limited to, such items as: Radio 
terminal equipment (TX and/or RX--antenna, necessary feed lines, MUX/
Modems); towers and/or modifications; back-up power equipment; 
monitoring or control equipment; engineering costs (design/path survey); 
installation; systems testing; FCC filing costs; site acquisition and 
civil works; zoning costs; training; disposal of old equipment; test 
equipment (vendor required); spare equipment; project management; prior 
coordination notification under Sec. 101.103(d) of this chapter; site 
lease renegotiation; required antenna upgrades for interference control; 
power plant upgrade (if required); electrical grounding systems; Heating 
Ventilation and Air Conditioning (HVAC) (if required); alternate 
transport equipment; and leased

[[Page 250]]

facilities. C also includes voluntarily relocating microwave incumbent's 
independent third party appraisal of its compensable relocation costs 
and incumbent transaction expenses that are directly attributable to the 
relocation, subject to a cap of two percent of the ``hard'' costs 
involved. C may not exceed $250,000 per link, with an additional 
$150,000 permitted if a new or modified tower is required.
    (c) N equals the number of PCS entities that would have interfered 
with the link. For the PCS relocator, N = 1. For the next PCS entity 
that would have interfered with the link, N = 2, and so on.
    (d) Tm equals the number of months that have elapsed between the 
month the PCS relocator obtains reimbursement rights and the month that 
the clearinghouse notifies a later-entrant of its reimbursement 
obligation. A PCS relocator obtains reimbursement rights on the date 
that it signs a relocation agreement with a microwave incumbent.
[ 62 FR 12757 , Mar. 18, 1997]