Sec.  27.1168   Triggering a Reimbursement Obligation.

   (a) The clearinghouse will apply the following test to determine when an AWS
   entity  or  MSS/ATC entity has triggered a cost-sharing obligation and
   therefore must pay an AWS relocator, MSS relocator (including MSS/ATC), or a
   voluntarily relocating microwave incumbent in accordance with the formula
   detailed in  Sec. 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
    Sec. 25.149(a)(2)(i) of this chapter);

   (2) An AWS relocator, MSS relocator (including MSS/ATC) 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 (including MSS/ATC) 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:
   [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  or  MSS/ATC  entity of the total amount of its reimbursement
   obligation.

   (b) Once a reimbursement obligation is triggered, the AWS or MSS/ATC entity
   may  not avoid paying its cost-sharing obligation by deconstructing or
   modifying its facilities.