§ 27.1164   The cost-sharing formula.

   An AWS 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 er24my06.007.gif

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   (a) RN equals the amount of reimbursement.

   (b) C equals the actual cost of relocating the link(s). 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.
   Increased recurring costs represent part of the actual cost of relocation
   and,  even  if  the  compensation to the incumbent is in the form of a
   commitment to pay five years of charges, the AWS or MSS/ATC relocator is
   entitled to seek immediate reimbursement of the lump sum amount based on
   present value using current interest rates, provided it has entered into a
   legally binding agreement to pay the charges. 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. Hard costs are defined as the actual costs
   associated  with providing a replacement system, such as equipment and
   engineering expenses. C may not exceed $250,000 per paired link, with an
   additional $150,000 permitted if a new or modified tower is required.

   (c) N equals the number of AWS and MSS/ATC entities that have triggered a
   cost-sharing obligation. For the AWS relocator, N = 1. For the next AWS
   entity triggering a cost-sharing obligation, N = 2, and so on. In the case
   of a voluntarily relocating microwave incumbent, N = 1 for the first AWS
   entity triggering a cost-sharing obligation. For the next AWS or MSS/ATC
   entity triggering a cost-sharing obligation, N = 2, and so on.

   (d) Tm equals the number of months that have elapsed between the month the
   AWS or MSS/ATC relocator or voluntarily relocating microwave incumbent
   obtains reimbursement rights for the link and the month in which an AWS
   entity triggers a cost-sharing obligation. An AWS or MSS/ATC 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.

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