§ 27.1160   Cost-sharing requirements for AWS.

   Frequencies in the 2110-2150 MHz and 2160-2200 MHz bands listed in § 101.147
   of this chapter have been reallocated from Fixed Microwave Services (FMS) to
   use by AWS (as reflected in § 2.106 of this chapter). In accordance with
   procedures specified in § 22.602 and § § 101.69 through 101.82 of this chapter,
   AWS entities are required to relocate the existing microwave licensees in
   these bands if interference to the existing microwave licensee would occur.
   All AWS entities that benefit from the clearance of this spectrum by other
   AWS  entities  or by a voluntarily relocating microwave incumbent must
   contribute  to  such  relocation costs. AWS entities may satisfy their
   reimbursement requirement by entering into private cost-sharing agreements
   or agreeing to terms other than those specified in § 27.1164. However, AWS
   entities  are  required to reimburse other AWS 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 § 27.1162) from AWS entities or other Emerging Technologies (ET)
   entities, including Mobile Satellite Service (MSS) operators (for Ancillary
   Terrestrial Component (ATC) base stations), that are not parties to the
   agreement. The cost-sharing plan is in effect during all phases of microwave
   relocation specified in § § 22.602 and 101.69 of this chapter. If an AWS
   licensee 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 AWS entity responsible for satisfying the
   cost-sharing obligations under § § 27.1160-27.1174.

   [ 71 FR 29835 , May 24, 2006, as amended at  78 FR 8270 , Feb. 5, 2013]

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