[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: 47CFR24.243]



[Page 241]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents

 

                         Subpart E_Broadband PCS

 

Sec. 24.243  The cost-sharing formula.



    A PCS relocator who relocates an interfering microwave link, i.e. 

one that is in all or part of its market area and in all or part of its 

frequency band or a voluntarily relocating microwave incumbent, is 

entitled to pro rata reimbursement based on the following formula:

[GRAPHIC] [TIFF OMITTED] TR12JN96.001



    (a) RN equals the amount of reimbursement.

    (b) C equals the actual cost of relocating the link. Actual 

relocation costs include, but are not limited to, such items as: Radio 

terminal equipment (TX and/or RX--antenna, necessary feed lines, MUX/

Modems); towers and/or modifications; back-up power equipment; 

monitoring or control equipment; engineering costs (design/path survey); 

installation; systems testing; FCC filing costs; site acquisition and 

civil works; zoning costs; training; disposal of old equipment; test 

equipment (vendor required); spare equipment; project management; prior 

coordination notification under Sec. 101.103(d) of this chapter; site 

lease renegotiation; required antenna upgrades for interference control; 

power plant upgrade (if required); electrical grounding systems; Heating 

Ventilation and Air Conditioning (HVAC) (if required); alternate 

transport equipment; and leased facilities. C also includes voluntarily 

relocating microwave incumbent's independent third party appraisal of 

its compensable relocation costs and incumbent transaction expenses that 

are directly attributable to the relocation, subject to a cap of two 

percent of the ``hard'' costs involved. C may not exceed $250,000 per 

link, with an additional $150,000 permitted if a new or modified tower 

is required.

    (c) N equals the number of PCS entities that would have interfered 

with the link. For the PCS relocator, N=1. For the next PCS entity that 

would have interfered with the link, N=2, and so on. In the case of a 

voluntarily relocating microwave incumbent, N=1 for the first PCS entity 

that would have interfered with the link. For the next PCS entity that 

would have interfered with the link, N=2, and so on.

    (d) Tm equals the number of months that have elapsed between the 

month the PCS relocator or voluntarily relocating microwave incumbent 

obtains reimbursement rights for the link and the month that the 

clearinghouse notifies a later-entrant of its reimbursement obligation 

for the link. A PCS relocator obtains reimbursement rights for the link 

on the date that it signs a relocation agreement with a microwave 

incumbent. A voluntarily relocating microwave incumbent obtains 

reimbursement rights for the link on 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.



[62 FR 12757, Mar. 18, 1997, as amended at 65 FR 46113, July 27, 2000]