[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR24.239]

[Page 146]
 
                       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. If a 
licensee in the Broadband PCS Service enters into a spectrum leasing 
arrangement (as set forth in part 1, subpart X of this chapter) and the 
spectrum lessee triggers a cost-sharing obligation, the licensee is the 
PCS entity responsible for satisfying the cost-sharing obligations under 
Sec. Sec.  24.239 through 24.253.

[62 FR 12757, Mar. 18, 1997, as amended at 69 FR 77559, Dec. 27, 2004]