[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR24.245]

[Page 241-242]
 
                       TITLE 47--TELECOMMUNICATION
 
                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (CONTINUED)
 
PART 24--PERSONAL COMMUNICATIONS SERVICES--Table of Contents
 
                        Subpart E--Broadband PCS
 
Sec. 24.245  Reimbursement under the Cost-Sharing Plan.

    (a) Registration of reimbursement rights. (1) To obtain 
reimbursement, a PCS relocator must submit documentation of the 
relocation agreement to the clearinghouse within ten business days of 
the date a relocation agreement is signed with an incumbent.
    (2) To obtain reimbursement, a voluntarily relocating microwave 
incumbent must submit documentation of the relocation of the link to the 
clearinghouse within ten business days of the date that the incumbent 
notifies the Commission that it intends to discontinue, or has 
discontinued, the use of the link, pursuant to Sec. 101.305 of the 
Commission's rules.
    (b) Documentation of expenses. Once relocation occurs, the PCS 
relocator or the voluntarily relocating microwave incumbent, must submit 
documentation itemizing the amount spent for items listed in 
Sec. 24.243(b). The voluntarily relocating microwave incumbent, must 
also submit an independent third party appraisal of its compensable 
relocation costs. The appraisal

[[Page 242]]

should be based on the actual cost of replacing the incumbent's system 
with comparable facilities and should exclude the cost of any equipment 
upgrades or items outside the scope of Sec. 24.243(b). The PCS relocator 
or the voluntarily relocating microwave incumbent, must identify the 
particular link associated with appropriate expenses (i.e., costs may 
not be averaged over numerous links). If a PCS relocator pays a 
microwave incumbent a monetary sum to relocate its own facilities, the 
PCS relocator must estimate the costs associated with relocating the 
incumbent by itemizing the anticipated cost for items listed in 
Sec. 24.243(b). If the sum paid to the incumbent cannot be accounted 
for, the remaining amount is not eligible for reimbursement. A PCS 
relocator may submit receipts or other documentation to the 
clearinghouse for all relocation expenses incurred since April 5, 1995.
    (c) Full Reimbursement. A PCS relocator who relocates a microwave 
link that is either fully outside its market area or its licensed 
frequency band may seek full reimbursement through the clearinghouse of 
compensable costs, up to the reimbursement cap as defined in 
Sec. 24.243(b). Such reimbursement will not be subject to depreciation 
under the cost-sharing formula.

[61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997; 
65 FR 46113, July 27, 2000]