Sec.  27.1166   Reimbursement under the Cost-Sharing Plan.

   (a) Registration of reimbursement rights. Claims for reimbursement under the
   cost-sharing plan are limited to relocation expenses incurred on or after
   the date when the first AWS license is issued in the relevant AWS band
   (start date). If a clearinghouse is not selected by that date (see  Sec. 27.1162)
   claims for reimbursement (see  Sec. 27.1166) and notices of operation (see
    Sec. 27.1170) for activities that occurred after the start date but prior to the
   clearinghouse selection must be submitted to the clearinghouse within 30
   calendar days of the selection date.

   (1) To obtain reimbursement, an AWS relocator or MSS/ATC relocator must
   submit documentation of the relocation agreement to the clearinghouse within
   30 calendar days of the date a relocation agreement is signed with an
   incumbent. In the case of involuntary relocation, an AWS relocator or
   MSS/ATC relocator must submit documentation of the relocated system within
   30 calendar days after the end of the relocation.

   (2) To obtain reimbursement, a voluntarily relocating microwave incumbent
   must submit documentation of the relocation of the link to the clearinghouse
   within 30 calendar 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 AWS relocator,
   MSS/ATC relocator, or the voluntarily relocating microwave incumbent, must
   submit documentation itemizing the amount spent for items specifically
   listed in  Sec. 27.1164(b), as well as any reimbursable items not specifically
   listed in  Sec. 27.1164(b) that are directly attributable to actual relocation
   costs. Specifically, the AWS relocator, MSS/ATC relocator, or the
   voluntarily relocating microwave incumbent must submit, in the first
   instance, only the uniform cost data requested by the clearinghouse along
   with a copy, without redaction, of either the relocation agreement, if any,
   or the third party appraisal described in (b)(1), if relocation was
   undertaken by the microwave incumbent. AWS relocators, MSS/ATC relocators
   and voluntarily relocating microwave incumbents must maintain documentation
   of cost-related issues until the applicable sunset date and provide such
   documentation upon request, to the clearinghouse, the Commission, or
   entrants that trigger a cost-sharing obligation. If an AWS relocator pays a
   microwave incumbent a monetary sum to relocate its own facilities, the AWS
   relocator must estimate the costs associated with relocating the incumbent
   by itemizing the anticipated cost for items listed in  Sec. 27.1164(b). If the
   sum paid to the incumbent cannot be accounted for, the remaining amount is
   not eligible for reimbursement.

   (1) Third party appraisal. 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. 27.1164(b).

   (2) Identification of links. The AWS relocator, MSS/ATC 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). Where the AWS relocator, MSS/ATC relocator, or
   voluntarily relocating microwave incumbent relocates both paths of a paired
   channel microwave link (e.g., 2110–2130 MHz with 2160–2180 MHz and 2130–2150
   MHz with 2180–2200 MHz), the AWS relocator, MSS/ATC relocator, or
   voluntarily relocating microwave incumbent must identify the expenses
   associated with each paired microwave link.

   (c) Full Reimbursement. An AWS 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. 27.1164(b). Such reimbursement will
   not be subject to depreciation under the cost-sharing formula.

   (d) Good Faith Requirement. New entrants and incumbent licensees are
   expected to act in good faith in satisfying the cost-sharing obligations
   under  Sec.  Sec. 27.1160 through 27.1174. The requirement to act in good faith
   extends to, but is not limited to, the preparation and submission of the
   documentation required in paragraph (b) of this section.

   (e) MSS Participation in the Clearinghouse. MSS operators are not required
   to submit reimbursements to the clearinghouse for links relocated due to
   interference from MSS space-to-Earth downlink operations, but may elect to
   do so, in which case the MSS operator must identify the reimbursement claim
   as such and follow the applicable procedures governing reimbursement in part
   27. MSS reimbursement rights and cost-sharing obligations for space-to-Earth
   downlink operations are governed by  Sec. 101.82 of this chapter.

   (f) Reimbursement for Self-relocating FMS links in the 2130–2150 MHz and
   2180–2200 MHz bands. Where a voluntarily relocating microwave incumbent
   relocates a paired microwave link with paths in the 2130–2150 MHz and
   2180–2200 MHz bands, it may not seek reimbursement from MSS operators
   (including MSS/ATC operators), but is entitled to partial reimbursement from
   the first AWS beneficiary, equal to fifty percent of its actual costs for
   relocating the paired link, or half of the reimbursement cap in  Sec. 27.1164(b),
   whichever is less. This amount is subject to depreciation as specified
    Sec. 27.1164(b). An AWS licensee who is obligated to reimburse relocation costs
   under this rule is entitled to obtain reimbursement from other AWS
   beneficiaries in accordance with  Sec.  Sec. 27.1164 and 27.1168. For purposes of
   applying the cost-sharing formula relative to other AWS licensees that
   benefit from the self-relocation, the fifty percent attributable to the AWS
   entrant shall be treated as the entire cost of the link relocation, and
   depreciation shall run from the date on which the clearinghouse issues the
   notice of an obligation to reimburse the voluntarily relocating microwave
   incumbent. The cost-sharing obligations for MSS operators in the 2180–2200
   MHz band are governed by  Sec. 101.82 of this chapter.

   Effective Date Note:   At  71 FR 29835 , May 24, 2006,  Sec. 27.1166 was added.
   Paragraphs (a), (b), and (e) contain information collection and
   recordkeeping requirements and will not become effective until approval has
   been given by the Office of Management and Budget.