§ 24.243   The cost-sharing formula.

   A PCS relocator who relocates an interfering microwave link, i.e. one that
   is in all or part of its market area and in all or part of its frequency
   band or a voluntarily relocating microwave incumbent, is entitled to pro
   rata reimbursement based on the following formula:
   eCFR graphic er12jn96.001.gif

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   (a) RN equals the amount of reimbursement.

   (b) C equals the actual cost of relocating the link. Actual relocation costs
   include, but are 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; prior coordination notification under
   § 101.103(d) of this chapter; 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; and leased facilities.
   C also includes voluntarily relocating microwave incumbent's independent
   third party appraisal of its compensable relocation costs and incumbent
   transaction expenses that are directly attributable to the relocation,
   subject to a cap of two percent of the “hard” costs involved. C may not
   exceed $250,000 per link, with an additional $150,000 permitted if a new or
   modified tower is required.

   (c) N equals the number of PCS entities that would have interfered with the
   link. For the PCS relocator, N = 1. For the next PCS entity that would have
   interfered with the link, N = 2, and so on. In the case of a voluntarily
   relocating microwave incumbent, N = 1 for the first PCS entity that would
   have interfered with the link. For the next PCS entity that would have
   interfered with the link, N = 2, and so on.

   (d) Tm equals the number of months that have elapsed between the month the
   PCS  relocator  or  voluntarily relocating microwave incumbent obtains
   reimbursement rights for the link and the month that the clearinghouse
   notifies a later-entrant of its reimbursement obligation for the link. A PCS
   relocator obtains reimbursement rights for the link on the date that it
   signs a relocation agreement with a microwave incumbent. A voluntarily
   relocating microwave incumbent obtains reimbursement rights for the link on
   the date that the incumbent notifies the Commission that it intends to
   discontinue, or has discontinued, the use of the link, pursuant to § 101.305
   of the Commission's rules.

   [ 62 FR 12757 , Mar. 18, 1997, as amended at  65 FR 46113 , July 27, 2000]

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