[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: 47CFR24.245]



[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



[[Page 242]]



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 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]