§  27.1166   Reimbursement under the Cost-Sharing Plan.

   (a) Registration of reimbursement rights . Claims for reimbursement
   under the cost-sharing plan are limited to relocation expenses incurred
   on or after the date when the first AWS license is issued in the
   relevant AWS band (start date). If a clearinghouse is not selected by
   that date (see § 27.1162) claims for reimbursement (see § 27.1166) and
   notices of operation (see § 27.1170) for activities that occurred after
   the start date but prior to the clearinghouse selection must be
   submitted to the clearinghouse within 30 calendar days of the selection
   date.

   (1) To obtain reimbursement, an AWS relocator or MSS/ATC relocator must
   submit documentation of the relocation agreement to the clearinghouse
   within 30 calendar days of the date a relocation agreement is signed
   with an incumbent. In the case of involuntary relocation, an AWS
   relocator or MSS/ATC relocator must submit documentation of the
   relocated system within 30 calendar days after the end of the
   relocation.

   (2) To obtain reimbursement, a voluntarily relocating microwave
   incumbent must submit documentation of the relocation of the link to
   the clearinghouse within 30 calendar days of the date that the
   incumbent notifies the Commission that it intends to discontinue, or
   has discontinued, the use of the link, pursuant to § 101.305 of the
   Commission's rules.

   (b) Documentation of expenses . Once relocation occurs, the AWS
   relocator, MSS/ATC relocator, or the voluntarily relocating microwave
   incumbent, must submit documentation itemizing the amount spent for
   items specifically listed in § 27.1164(b), as well as any reimbursable
   items not specifically listed in § 27.1164(b) that are directly
   attributable to actual relocation costs. Specifically, the AWS
   relocator, MSS/ATC relocator, or the voluntarily relocating microwave
   incumbent must submit, in the first instance, only the uniform cost
   data requested by the clearinghouse along with a copy, without
   redaction, of either the relocation agreement, if any, or the third
   party appraisal described in (b)(1), if relocation was undertaken by
   the microwave incumbent. AWS relocators, MSS/ATC relocators and
   voluntarily relocating microwave incumbents must maintain documentation
   of cost-related issues until the applicable sunset date and provide
   such documentation upon request, to the clearinghouse, the Commission,
   or entrants that trigger a cost-sharing obligation. If an AWS relocator
   pays a microwave incumbent a monetary sum to relocate its own
   facilities, the AWS relocator must estimate the costs associated with
   relocating the incumbent by itemizing the anticipated cost for items
   listed in § 27.1164(b). If the sum paid to the incumbent cannot be
   accounted for, the remaining amount is not eligible for reimbursement.

   (1) Third party appraisal . The voluntarily relocating microwave
   incumbent, must also submit an independent third party appraisal of its
   compensable relocation costs. The appraisal should be based on the
   actual cost of replacing the incumbent's system with comparable
   facilities and should exclude the cost of any equipment upgrades or
   items outside the scope of § 27.1164(b).

   (2) Identification of links . The AWS relocator, MSS/ATC relocator, or
   the voluntarily relocating microwave incumbent, must identify the
   particular link associated with appropriate expenses ( i.e. , costs may
   not be averaged over numerous links). Where the AWS relocator, MSS/ATC
   relocator, or voluntarily relocating microwave incumbent relocates both
   paths of a paired channel microwave link ( e.g. , 2110–2130 MHz with
   2160–2180 MHz and 2130–2150 MHz with 2180–2200 MHz), the AWS relocator,
   MSS/ATC relocator, or voluntarily relocating microwave incumbent must
   identify the expenses associated with each paired microwave link.

   (c) Full Reimbursement . An AWS relocator who relocates a microwave
   link that is either fully outside its market area or its licensed
   frequency band may seek full reimbursement through the clearinghouse of
   compensable costs, up to the reimbursement cap as defined in
   § 27.1164(b). Such reimbursement will not be subject to depreciation
   under the cost-sharing formula.

   (d) Good Faith Requirement . New entrants and incumbent licensees are
   expected to act in good faith in satisfying the cost-sharing
   obligations under § § 27.1160 through 27.1174. The requirement to act in
   good faith extends to, but is not limited to, the preparation and
   submission of the documentation required in paragraph (b) of this
   section.

   (e) MSS Participation in the Clearinghouse . MSS operators are not
   required to submit reimbursements to the clearinghouse for links
   relocated due to interference from MSS space-to-Earth downlink
   operations, but may elect to do so, in which case the MSS operator must
   identify the reimbursement claim as such and follow the applicable
   procedures governing reimbursement in part 27. MSS reimbursement rights
   and cost-sharing obligations for space-to-Earth downlink operations are
   governed by § 101.82 of this chapter.

   (f) Reimbursement for Self-relocating FMS links in the 2130–2150 MHz
   and 2180–2200 MHz bands . Where a voluntarily relocating microwave
   incumbent relocates a paired microwave link with paths in the 2130–2150
   MHz and 2180–2200 MHz bands, it may not seek reimbursement from MSS
   operators (including MSS/ATC operators), but is entitled to partial
   reimbursement from the first AWS beneficiary, equal to fifty percent of
   its actual costs for relocating the paired link, or half of the
   reimbursement cap in § 27.1164(b), whichever is less. This amount is
   subject to depreciation as specified § 27.1164(b). An AWS licensee who
   is obligated to reimburse relocation costs under this rule is entitled
   to obtain reimbursement from other AWS beneficiaries in accordance with
   § § 27.1164 and 27.1168. For purposes of applying the cost-sharing
   formula relative to other AWS licensees that benefit from the
   self-relocation, the fifty percent attributable to the AWS entrant
   shall be treated as the entire cost of the link relocation, and
   depreciation shall run from the date on which the clearinghouse issues
   the notice of an obligation to reimburse the voluntarily relocating
   microwave incumbent. The cost-sharing obligations for MSS operators in
   the 2180–2200 MHz band are governed by § 101.82 of this chapter.