FCC 27.1164 Revised as of October 1, 2014
Goto Year:2013 |
§ 27.1164 The cost-sharing formula.
An AWS relocator who relocates an interfering microwave link, i.e., one
that is in all or part of its market area and in all or part of its
frequency band or a voluntarily relocating microwave incumbent, is
entitled to pro rata reimbursement based on the following formula:
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(a) RN equals the amount of reimbursement.
(b) C equals the actual cost of relocating the link(s). Actual
relocation costs include, but are not limited to, such items as: Radio
terminal equipment (TX and/or RX--antenna, necessary feed lines,
MUX/Modems); towers and/or modifications; back-up power equipment;
monitoring or control equipment; engineering costs (design/path
survey); installation; systems testing; FCC filing costs; site
acquisition and civil works; zoning costs; training; disposal of old
equipment; test equipment (vendor required); spare equipment; project
management; prior coordination notification under § 101.103(d) of this
chapter; site lease renegotiation; required antenna upgrades for
interference control; power plant upgrade (if required); electrical
grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if
required); alternate transport equipment; and leased facilities.
Increased recurring costs represent part of the actual cost of
relocation and, even if the compensation to the incumbent is in the
form of a commitment to pay five years of charges, the AWS or MSS/ATC
relocator is entitled to seek immediate reimbursement of the lump sum
amount based on present value using current interest rates, provided it
has entered into a legally binding agreement to pay the charges. C also
includes voluntarily relocating microwave incumbent's independent third
party appraisal of its compensable relocation costs and incumbent
transaction expenses that are directly attributable to the relocation,
subject to a cap of two percent of the "hard" costs involved. Hard
costs are defined as the actual costs associated with providing a
replacement system, such as equipment and engineering expenses. C may
not exceed $250,000 per paired link, with an additional $150,000
permitted if a new or modified tower is required.
(c) N equals the number of AWS and MSS/ATC entities that have triggered
a cost-sharing obligation. For the AWS relocator, N=1. For the next AWS
entity triggering a cost-sharing obligation, N=2, and so on. In the
case of a voluntarily relocating microwave incumbent, N=1 for the first
AWS entity triggering a cost-sharing obligation. For the next AWS or
MSS/ATC entity triggering a cost-sharing obligation, N=2, and so on.
(d) Tm equals the number of months that have elapsed between the month
the AWS or MSS/ATC relocator or voluntarily relocating microwave
incumbent obtains reimbursement rights for the link and the month in
which an AWS entity triggers a cost-sharing obligation. An AWS or
MSS/ATC relocator obtains reimbursement rights for the link on the date
that it signs a relocation agreement with a microwave incumbent. A
voluntarily relocating microwave incumbent obtains reimbursement rights
for the link on 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.
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