§ 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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