[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: 47CFR24.247]



[Page 242-243]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents

 

                         Subpart E_Broadband PCS

 

Sec. 24.247  Triggering a reimbursement obligation.



    (a) Licensed PCS. The clearinghouse will apply the following test to 

determine if a PCS entity preparing to initiate operations must pay a 

PCS relocator or a voluntarily relocating microwave incumbent in 

accordance with the formula detailed in Sec. 24.243:

    (1) All or part of the relocated microwave link was initially co-

channel with the licensed PCS band(s) of the subsequent PCS entity;

    (2) A PCS relocator has paid the relocation costs of the microwave 

incumbent; and

    (3) The subsequent PCS entity is preparing to turn on a fixed base 

station at commercial power and the fixed base station is located within 

a rectangle (Proximity Threshold) described as follows:

    (i) The length of the rectangle shall be x where x is a line 

extending through both nodes of the microwave link to a distance of 48 

kilometers (30 miles) beyond each node. The width of the rectangle shall 

be y where y is a line perpendicular to x and extending for a distance 

of 24 kilometers (15 miles) on both sides of x. Thus, the rectangle is 

represented as follows:

[GRAPHIC] [TIFF OMITTED] TC01MR91.041





[[Page 243]]





    (ii) If the application of the Proximity Threshold test indicates 

that a reimbursement obligation exists, the clearinghouse will calculate 

the reimbursement amount in accordance with the cost-sharing formula and 

notify the subsequent PCS entity of the total amount of its 

reimbursement obligation.

    (b) Unlicensed PCS. UTAM's reimbursement obligation is triggered 

either:

    (1) When a county is cleared of microwave links in the unlicensed 

allocation, and UTAM invokes a Zone 1 power cap as a result of third 

party relocation activities; or

    (2) A county is cleared of microwave links in the unlicensed 

allocation and UTAM reclassifies a Zone 2 county to Zone 1 status.



[61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997]