Goto Section: 27.1182 | 27.1186 | Table of Contents
Revised as of October 1, 2010
Goto Year:2009 |
§ 27.1184 Triggering a reimbursement obligation.
(a) The clearinghouse will apply the following test to determine when
an AWS entity has triggered a cost-sharing obligation and therefore
must pay an AWS relocator of a BRS system in accordance with the
formula detailed in § 27.1180:
(1) All or part of the relocated BRS system was initially co-channel
with the licensed AWS band(s) of the AWS entity;
(2) An AWS relocator has paid the relocation costs of the BRS
(3) The other AWS entity has turned on or is preparing to turn on a
fixed base station at commercial power and the incumbent BRS system
would have been within the line of sight of the AWS entity's fixed base
station, defined as follows.
(i) For a BRS system using the 2150-2160/62 MHz band exclusively to
provide one-way transmissions to subscribers, the clearinghouse will
determine whether there is an unobstructed signal path (line of sight)
to the incumbent licensee's geographic service area (GSA), based on the
following criteria: use of 9.1 meters (30 feet) for the receiving
antenna height, use of the actual transmitting antenna height and
terrain elevation, and assumption of 4/3 Earth radius propagation
conditions. Terrain elevation data must be obtained from the U.S.
Geological Survey (USGS) 3-second database. All coordinates used in
carrying out the required analysis shall be based upon use of NAD-83.
(ii) For all other BRS systems using the 2150-2160/62 MHz band, the
clearinghouse will determine whether there is an unobstructed signal
path (line of sight) to the incumbent licensee's receive station hub
using the method prescribed in "Methods for Predicting Interference
from Response Station Transmitters and to Response Station Hubs and for
Supplying Data on Response Station Systems. MM Docket 97-217," in
Amendment of 47 CFR parts 1, 21 and 74 to Enable Multipoint
Distribution Service and Instructional Television Fixed Service
Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No.
97-217, Report and Order on Further Reconsideration and Further Notice
of Proposed Rulemaking, 15 FCC Rcd 14566 at 14610, Appendix D.
(b) If the application of the trigger test described in paragraphs
(a)(3)(i) and (ii) of this section, indicates that a reimbursement
obligation exists, the clearinghouse will calculate the reimbursement
amount in accordance with the cost-sharing formula and notify the
subsequent AWS entity of the total amount of its reimbursement
(c) Once a reimbursement obligation is triggered, the AWS entity may
not avoid paying its cost-sharing obligation by deconstructing or
modifying its facilities.
Goto Section: 27.1182 | 27.1186
Goto Year: 2009 |
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
Helping make public information public