Goto Section: 27.1166 | 27.1170 | Table of Contents
FCC 27.1168
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 27.1168 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, MSS relocator, or a voluntarily relocating microwave incumbent in
accordance with the formula detailed in § 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
§ 25.149(a)(2)(i) of this chapter);
(2) An AWS relocator, MSS relocator 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 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:
eCFR graphic 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 entity of the total amount of its reimbursement obligation.
(b) Once a reimbursement obligation is triggered, the AWS entity may not
avoid paying its cost-sharing obligation by deconstructing or modifying its
facilities.
[ 71 FR 29835 , May 24, 2006, as amended at 78 FR 8271 , Jan. 5, 2013]
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Goto Section: 27.1166 | 27.1170
Goto Year: 2014 |
2016
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