§  27.1168   Triggering a Reimbursement Obligation.

   (a) The clearinghouse will apply the following test to determine when
   an AWS entity has triggered a cost-sharing obligation and therefore
   must pay an AWS relocator, MSS relocator, or a voluntarily relocating
   microwave incumbent in accordance with the formula detailed in
   §  27.1164:

   (1) All or part of the relocated microwave link was initially
   co-channel with the licensed AWS band(s) of the AWS entity or the
   selected assignment of the MSS operator that seeks and obtains ATC
   authority (see §  25.149(a)(2)(i) of this chapter);

   (2) An AWS relocator, MSS relocator or a voluntarily relocating
   microwave incumbent has paid the relocation costs of the microwave
   incumbent; and

   (3) The AWS or MSS entity is operating or preparing to turn on a fixed
   base station at commercial power and the fixed base station is located
   within a rectangle (Proximity Threshold) described as follows:

   (i) The length of the rectangle shall be x where x is a line extending
   through both nodes of the microwave link to a distance of 48 kilometers
   (30 miles) beyond each node. The width of the rectangle shall be y
   where y is a line perpendicular to x and extending for a distance of 24
   kilometers (15 miles) on both sides of x . Thus, the rectangle is
   represented as follows:
   eCFR graphic er24my06.008.gif

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   (ii) If the application of the Proximity Threshold Test indicates that
   a reimbursement obligation exists, the clearinghouse will calculate the
   reimbursement amount in accordance with the cost-sharing formula and
   notify the AWS entity of the total amount of its reimbursement
   obligation.

   (b) Once a reimbursement obligation is triggered, the AWS entity may
   not avoid paying its cost-sharing obligation by deconstructing or
   modifying its facilities.

   [ 71 FR 29835 , May 24, 2006, as amended at  78 FR 8271 , Jan. 5, 2013]

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