§  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 §  27.1162) claims for reimbursement (see §  27.1166)
   and notices of operation (see §  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 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 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 §  101.305 of the
   Commission's rules.

   (b) Documentation of expenses. Once relocation occurs, the AWS
   relocator, or the voluntarily relocating microwave incumbent, must
   submit documentation itemizing the amount spent for items specifically
   listed in §  27.1164(b), as well as any reimbursable items not
   specifically listed in §  27.1164(b) that are directly attributable to
   actual relocation costs. Specifically, the AWS 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) of
   this section, if relocation was undertaken by the microwave incumbent.
   AWS 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 §  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 §  27.1164(b).

   (2) Identification of links. The AWS 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 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 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
   §  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 § §  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 §  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, but is entitled to reimbursement from the first AWS
   beneficiary for its actual costs for relocating the paired link,
   subject to the reimbursement cap in §  27.1164(b). This amount is
   subject to depreciation as specified in §  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 § §  27.1164 and 27.1168. For purposes of applying the
   cost-sharing formula relative to other AWS licensees that benefit from
   the self-relocation, depreciation shall run from the date on which the
   clearinghouse issues the notice of an obligation to reimburse the
   voluntarily relocating microwave incumbent.

   [ 71 FR 29835 , May 24, 2006, as amended at  78 FR 8270 , Jan. 5, 2013]

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