FCC 27.1021 Revised as of October 1, 2014
Goto Year:2013 |
§ 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
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
(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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