§ 27.1182   Reimbursement under the Cost-Sharing Plan.

   (a) Registration of reimbursement rights. (1) To obtain reimbursement, an
   AWS relocator must submit documentation of the relocation agreement to the
   clearinghouse within 30 calendar days of the date a relocation agreement is
   signed with an incumbent. In the case of involuntary relocation, an AWS
   relocator  must submit documentation of the relocated system within 30
   calendar days after the end of the one-year trial period.

   (2) Registration of any BRS system shall include:

   (i) A description of the system's frequency use;

   (ii)  If  the  system  exclusively  provides  one-way transmissions to
   subscribers, the Geographic Service Area of the system; and

   (iii) If the system does not exclusively provide one-way transmission to
   subscribers, the system hub antenna's geographic location and the above
   ground level height of the system's receiving antenna centerline.

   (3) The AWS relocator must also include with its system registration an
   independent third party appraisal of the compensable relocation costs. The
   appraisal should be based on the actual cost of replacing the incumbent's
   system  with  comparable facilities and should exclude the cost of any
   equipment upgrades that are not necessary to the provision of comparable
   facilities. An AWS relocator may submit registration without a third party
   appraisal if it consents to binding resolution by the clearinghouse of any
   good  faith cost disputes regarding the reimbursement claim, under the
   following standard: The relocator shall bear the burden of proof, and be
   required to demonstrate by clear and convincing evidence that its request
   does not exceed the actual cost of relocating the relevant BRS system or
   systems to comparable facilities. Failure to satisfy this burden of proof
   will result in loss of rights to subsequent reimbursement of the disputed
   costs from any AWS licensee.

   (b) Documentation of expenses. Once relocation occurs, the AWS relocator
   must submit documentation itemizing the amount spent for items specifically
   listed in § 27.1180(b), as well as any reimbursable items not specifically
   listed in § 27.1180(b) that are directly attributable to actual relocation
   costs. Specifically, the AWS relocator must submit, in the first instance,
   only the uniform cost data requested by the clearinghouse along with copies,
   without redaction, of the relocation agreement, if any, and the third party
   appraisal  described  in (a)(3), of this section, if prepared. The AWS
   relocator must identify the particular system associated with appropriate
   expenses (i.e., costs may not be averaged over numerous systems). If an AWS
   relocator pays a BRS incumbent a monetary sum to relocate its own facilities
   in whole or in part, the AWS relocator must itemize the actual costs to the
   extent determinable, and otherwise must estimate the actual costs associated
   with relocating the incumbent and itemize these costs. If the sum paid to
   the incumbent cannot be accounted for, the remaining amount is not eligible
   for reimbursement. All AWS relocators seeking reimbursement through the
   clearinghouse have an ongoing duty to maintain all relevant records of BRS
   relocation-related expenses until the sunset of cost-sharing obligations,
   and to provide, upon request, such documentation, including a copy of the
   independent  appraisal if one was conducted, to the clearinghouse, the
   Commission, or AWS entrants that trigger a cost-sharing obligation.

   (c) Full reimbursement. An AWS relocator who relocates a BRS system that is
   either:

   (1) Wholly outside its frequency band; or

   (2) Not within line of sight of the relocator's transmitting base station
   may seek full reimbursement through the clearinghouse of compensable costs.
   Such  reimbursement  will  not  be  subject  to depreciation under the
   cost-sharing formula.

   (d)  Good  Faith Requirement. New entrants and incumbent licensees are
   expected to act in good faith in satisfying the cost-sharing obligations
   under  § § 27.1176 through 27.1190. The requirement to act in good faith
   extends to, but is not limited to, the preparation and submission of the
   documentation required in paragraph (b) of this section.

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