§  27.1021   Reimbursement obligation of licensees at 1915-1920 MHz.

   A licensee in the 1915-1920 MHz band (Lower H Block) shall, within 30
   days of grant of its long-form application, reimburse 25 percent of the
   total relocation costs incurred by UTAM, Inc. for relocating and
   clearing incumbent Fixed Microwave Service (FS) licensees from the
   1910-1930 MHz band on a pro rata shared basis with other Lower H Block
   licensees as set forth in paragraphs (a) through (e) of this section.

   (a)(1) If Lower H Block licenses granted as a result of the first
   auction for this spectrum cover, collectively, at least forty (40)
   percent of the nation's population, the amount owed to UTAM, Inc. by
   each individual Lower H Block licensee (reimbursement amount owed or
   RN) will be determined by dividing the gross winning bid (GWB) for each
   individual Lower H Block license ( i.e., an Economic Area (EA)) by the
   sum of the gross winning bids for all Lower H Block licenses for which
   there is a winning bid in the first auction, and then multiplying by
   $12,629,857.

   RN = (EA GWB -: Sum of GWBs) * $12,629,857.00

   (2) Except as provided in paragraphs (b) and (c) of this section, a
   licensee that obtains a license for a market in which no license is
   granted as a result of the first Lower H Block auction will not have a
   reimbursement obligation to UTAM, Inc.

   (b) If Lower H Block licenses granted as a result of the first auction
   for this spectrum cover, collectively, less than forty (40) percent of
   the nation's population, then the pro rata amount that the licensee of
   an individual Lower H Block license must reimburse UTAM, Inc. shall be
   calculated by dividing the population of the individual EA by the total
   U.S. population, and then multiplying by $12,629,857. In this event,
   the same population data, e.g., 2010, used to calculate the RNs for
   Lower H Block licenses granted as a result of the first auction will
   apply to subsequent auctions of Lower H Block licenses that were not
   granted as a result of an earlier auction of Lower H Block licenses.

   RN = (EA POP -: U.S. POP) * $12,629,857.00

   (c) A winning bidder of a Lower H Block license that is not granted a
   license for any reason will be deemed to have triggered a reimbursement
   obligation to UTAM, Inc. This obligation will be owed to UTAM, Inc. by
   the licensee acquiring the Lower H Block license through a subsequent
   auction. The amount owed by the licensee acquiring the Lower H Block
   license at such auction will be the RN calculated for the EA license
   based on the first auction (calculated under paragraphs (a) or (b), as
   applicable, of this section).

   (d) For purposes of compliance with this section, licensees should
   determine population based on 2010 U.S. Census Data or such other data
   or measurements that the Wireless Telecommunications Bureau proposes
   and adopts under the notice and comment process for the auction
   procedures.

   (e) A payment obligation owed by a Lower H Block licensees under this
   section shall be made within thirty (30) days of the grant of the
   license ( i.e., grant of the long form application).

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