§ 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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