§  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]