[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: 47CFR24.243]

[Page 146-147]
 
                       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

[[Page 147]]

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]