§ 24.239   Cost-sharing requirements for broadband PCS.

   Frequencies in the 1850-1990 MHz band listed in § 101.147(c) of this chapter
   have been allocated for use by PCS. In accordance with procedures specified
   in § § 101.69 through 101.81 of this chapter, PCS entities (both licensed and
   unlicensed) are required to relocate the existing Fixed Microwave Services
   (FMS)  licensees  in  these  bands if interference to the existing FMS
   operations would occur. All PCS entities who benefit from spectrum clearance
   by other PCS entities or a voluntarily relocating microwave incumbent, must
   contribute  to  such  relocation  costs. PCS entities may satisfy this
   requirement by entering into private cost-sharing agreements or agreeing to
   terms other than those specified in § 24.243. However, PCS entities are
   required to reimburse other PCS 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
   § 24.241)  from PCS entities that are not parties to the agreement. The
   cost-sharing plan is in effect during all phases of microwave relocation
   specified in § 101.69 of this chapter. If a licensee in the Broadband PCS
   Service 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 PCS entity responsible for satisfying the
   cost-sharing obligations under § § 24.239 through 24.253.

   [ 62 FR 12757 , Mar. 18, 1997, as amended at  69 FR 77559 , Dec. 27, 2004]

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