Sec. 24.247  Triggering a reimbursement obligation.

    (a) Licensed PCS. The clearinghouse will apply the following test to 
determine if a PCS entity preparing to initiate operations must pay a 
PCS relocator or a voluntarily relocating microwave incumbent in 
accordance with the formula detailed in Sec. 24.243:
    (1) All or part of the relocated microwave link was initially co-
channel with the licensed PCS band(s) of the subsequent PCS entity;
    (2) A PCS relocator has paid the relocation costs of the microwave 
incumbent; and
    (3) The subsequent PCS entity is 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

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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:

[GRAPHIC] [TIFF OMITTED] TC01MR91.041


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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 subsequent PCS entity of the total amount of its 
reimbursement obligation.
    (b) Unlicensed PCS. UTAM's reimbursement obligation is triggered 
either:
    (1) When a county is cleared of microwave links in the unlicensed 
allocation, and UTAM invokes a Zone 1 power cap as a result of third 
party relocation activities; or
    (2) A county is cleared of microwave links in the unlicensed 
allocation and UTAM reclassifies a Zone 2 county to Zone 1 status.
[ 61 FR 29692 , June 12, 1996, as amended at  62 FR 12757 , Mar. 18, 1997]