§  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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