§  24.239   Cost-sharing requirements for broadband PCS.

   Frequencies in the 1850-1990 MHz band listed in §  101.147(c) of this
   chapter have been allocated for use by PCS. In accordance with
   procedures specified in § §  101.69 through 101.81 of this chapter, PCS
   entities (both licensed and unlicensed) are required to relocate the
   existing Fixed Microwave Services (FMS) licensees in these bands if
   interference to the existing FMS operations would occur. All PCS
   entities who benefit from spectrum clearance by other PCS entities or a
   voluntarily relocating microwave incumbent, must contribute to such
   relocation costs. PCS entities may satisfy this requirement by entering
   into private cost-sharing agreements or agreeing to terms other than
   those specified in §  24.243. However, PCS entities are required to
   reimburse other PCS entities or voluntarily relocating microwave
   incumbents that incur relocation costs and are not parties to the
   alternative agreement. In addition, parties to a private cost-sharing
   agreement may seek reimbursement through the clearinghouse (as
   discussed in §  24.241) from PCS entities that are not parties to the
   agreement. The cost-sharing plan is in effect during all phases of
   microwave relocation specified in §  101.69 of this chapter. If a
   licensee in the Broadband PCS Service enters into a spectrum leasing
   arrangement (as set forth in part 1, subpart X of this chapter) and the
   spectrum lessee triggers a cost-sharing obligation, the licensee is the
   PCS entity responsible for satisfying the cost-sharing obligations
   under § §  24.239 through 24.253.

   [ 62 FR 12757 , Mar. 18, 1997, as amended at  69 FR 77559 , Dec. 27, 2004]

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