§ 27.1180   The cost-sharing formula.

   (a) An AWS licensee that relocates a BRS system with which it
   interferes is entitled to pro rata reimbursement based on the
   cost-sharing formula specified in § 27.1164, except that the
   depreciation factor shall be [180 -Tm]/180, and the variable C shall be
   applied as set forth in paragraph (b) of this section.

   (b) C is the actual cost of relocating the system, and includes, but is
   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; 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; leased facilities; and end user units
   served by the base station that is being relocated. In addition to
   actual costs, C may include the cost of an independent third party
   appraisal conducted pursuant to § 27.1182(a)(3) 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. There
   is no cap on the actual costs of relocation.

   (c) An AWS system shall be considered an interfering system for
   purposes of this rule if the AWS system is in all or part of the BRS
   frequency band and operates within line of sight to BRS operations
   under the applicable test specified in § 27.1184. An AWS relocator that
   relocates a BRS system with which it does not interfere is entitled to
   full reimbursement, as specified in § 27.1182(c).

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