[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR24.239]



[Page 240]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents

 

                         Subpart E_Broadband PCS

 

Sec. 24.239  Cost-sharing requirements for broadband PCS.



    Frequencies in the 1850-1990 MHz band listed in Sec. 101.147(c) of 

this chapter have been allocated for use by PCS. In accordance with 

procedures specified in Sec. Sec. 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 Sec. 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 Sec. 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 Sec. 101.69 of this chapter.



[62 FR 12757, Mar. 18, 1997]