47 CFR 24.239 - Cost-sharing requirements for broadband PCS.

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§ 24.239 Cost-sharing requirements for broadband PCS.

Frequencies in the 1850-1990 MHz band listed in § 101.147(c) of this chapter have been allocated for use by PCS. In accordance with procedures specified in §§ 101.69 through 101.81 of this chapter, PCS entities (both licensed and unlicensed) are required to relocate the existing Fixed Microwave Services (FMS) licensees in these bands if interference to the existing FMS operations would occur. All PCS entities who benefit from spectrum clearance by other PCS entities or a voluntarily relocating microwave incumbent, must contribute to such relocation costs. PCS entities may satisfy this requirement by entering into private cost-sharing agreements or agreeing to terms other than those specified in § 24.243. However, PCS entities are required to reimburse other PCS entities or voluntarily relocating microwave incumbents that incur relocation costs and are not parties to the alternative agreement. In addition, parties to a private cost-sharing agreement may seek reimbursement through the clearinghouse (as discussed in § 24.241) from PCS entities that are not parties to the agreement. The cost-sharing plan is in effect during all phases of microwave relocation specified in § 101.69 of this chapter. If a licensee in the Broadband PCS Service enters into a spectrum leasing arrangement (as set forth in part 1, subpart X of this chapter) and the spectrum lessee triggers a cost-sharing obligation, the licensee is the PCS entity responsible for satisfying the cost-sharing obligations under §§ 24.239 through 24.253.

[ 62 FR 12757, Mar. 18, 1997, as amended at 69 FR 77559, Dec. 27, 2004]

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United States Code

Title 47 published on 09-May-2017 04:29

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR Part 24 after this date.

  • 2016-04-20; vol. 81 # 76 - Wednesday, April 20, 2016
    1. 81 FR 23267 - Incorporating the American National Standard for Compliance Testing of Transmitters Used in Licensed Radio Services (ANSI C63.26-2015) Into the Commission's Rules
      GPO FDSys XML | Text
      Proposed rule.
      Submit comments on or before May 5, 2016. Reply Comment Date: May 16, 2016.
      47 CFR Parts 2, 22, 24, 25, 27, 90, 95 and 101