[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: 47CFR24.245]

[Page 147]
 
                       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 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]

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