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Revised as of April 2, 2020
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§ 27.1160 Cost-sharing requirements for AWS.
Frequencies in the 2110-2150 MHz and 2160-2200 MHz bands listed in
§ 101.147 of this chapter have been reallocated from Fixed Microwave
Services (FMS) to use by AWS (as reflected in § 2.106 of this chapter).
In accordance with procedures specified in § 22.602 and § § 101.69 through
101.82 of this chapter, AWS entities are required to relocate the
existing microwave licensees in these bands if interference to the
existing microwave licensee would occur. All AWS entities that benefit
from the clearance of this spectrum by other AWS entities or by a
voluntarily relocating microwave incumbent must contribute to such
relocation costs. AWS entities may satisfy their reimbursement
requirement by entering into private cost-sharing agreements or
agreeing to terms other than those specified in § 27.1164. However, AWS
entities are required to reimburse other AWS entities or voluntarily
relocating microwave incumbents that incur relocation costs and are not
parties to the alternative agreement. In addition, parties to a private
cost-sharing agreement may seek reimbursement through the clearinghouse
(as discussed in § 27.1162) from AWS entities or other Emerging
Technologies (ET) entities, including Mobile Satellite Service (MSS)
operators (for Ancillary Terrestrial Component (ATC) base stations),
that are not parties to the agreement. The cost-sharing plan is in
effect during all phases of microwave relocation specified in § § 22.602
and 101.69 of this chapter. If an AWS licensee enters into a spectrum
leasing arrangement (as set forth in part 1, subpart X of this chapter)
and the spectrum lessee triggers a cost-sharing obligation, the
licensee is the AWS entity responsible for satisfying the cost-sharing
obligations under § § 27.1160-27.1174.
[ 71 FR 29835 , May 24, 2006, as amended at 78 FR 8270 , Feb. 5, 2013]
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