CTIA Spectrum Clearinghouse




About Clearinghouse Overview of CTIA Spectrum Clearinghouse, LLC Background of Cost-Sharing Who's Impacted Submitting Information Output Process Features and Benefits Getting Involved Cost-sharing Process Process Flow Charts / Diagrams Payment Process Policies and Procedures Terms and Conditions Privacy Issues Termination of Use ADR Policy Glossary and Definitions FAQs General FAQs Fixed MW Incumbents AWS Licensees MSS Licensees BRS Resources About CTIA About Comsearch About FCC Auctions Press Releases Clearinghouse Contacts Links / Documents News & Events Calendar

QUICK CONTACTS

CTIA | Jeff Simmons
Director, Technology Programs
202-736-3237
jsimmons@ctia.org

Comsearch | Mark Gibson
Director, Clearinghouse Operations
703-726-5718
mgibson@comsearch.com

Click to read 2.1 GHZ Cost-sharing article

FAQs - AWS Licensees

What is relocation?
The FCC's relocation policy is designed to allow early entry for new technology providers into reallocated spectrum by allowing providers of new services to negotiate financial arrangements for the re-accommodation of incumbent licensees. This policy also is designed to allow gradual relocation of incumbents during which, as the new entrant deploys individual sites throughout its geographic license area over time, the new entrant is obligated to relocate incumbent facilities on a link-by-link basis, based on an interference analysis using FCC-specified criteria. By establishing these relocation procedures, the FCC aims to facilitate the introduction of Advanced Wireless and Mobile Satellite Services in this spectrum band, while also ensuring continued incumbent services.

When does a licensee obtain reimbursement rights for a relocated link?
An AWS relocator obtains reimbursement rights for the link on the date that it signs a relocation agreement with the incumbent. Reimbursement claims are limited to relocation expenses incurred on or after the date the first AWS license issues, November 29, 2006.

What documentation needs to be provided when I register a relocation for cost-sharing?
Once relocation occurs, the AWS relocator must submit documentation itemizing the amount spent on each relocated link of a microwave incumbent. Specifically, the AWS relocator must submit the uniform cost data requested by the CTIA Spectrum Clearinghouse along with a copy of either the relocation agreement or the third party appraisal, when appropriate.

What is an incumbent entitled to when the relocation takes place?
Whether the relocation is performed by the microwave incumbent (self-relocation) or by an AWS licensee, all microwave incumbents whose links are primary in status are entitled to "comparable facilities."

What are "comparable facilities"?
According to the FCC, an incumbent whose microwave system has primary status is entitled to "comparable facilities" regardless of who relocated the system - self-relocation or AWS/MSS (Mobile Satellite Service) licensee relocation. There are three components that determine comparable facilities - throughput (the amount of information transferred within the system in a given amount of time), reliability (the degree to which information is transferred accurately and dependably within the system) and operating costs (cost to operate and maintain the system).

What is a cost cap and what is the amount?
For the purpose of cost-sharing on the relocated systems, the FCC established "caps," or maximum amounts of money, that a party may register as part of its reimbursement claim. On a per link basis, the cap is $250,000 for equipment expenditures and $150,000 for tower modifications.

What is an incomplete relocation?
An incomplete relocation is one in which the final costs are unknown at the time the relocation is registered for cost-sharing. In such situations, the CTIA Spectrum Clearinghouse administers the appropriate cost-sharing test without final costs and notifies the affected parties of the general cost-sharing activity. The notifications may not include specific dollar amounts of the obligation, however, until the relocator provides the final relocation costs to the CTIA Spectrum Clearinghouse.

What is a PCN and when must it be filed with the Clearinghouse?
A PCN is a Prior Coordination Notification containing site deployment information. A licensee must file the PCN with the CTIA Spectrum Clearinghouse 30 calendar days prior to operating the base-station(s) at a commercial power level.

CTIA Spectrum Clearinghouse recommendation: since the affected Federal agencies have 60 days to review your PCN and accompanying analysis, you may want to provide your proposed deployment information to them in advance of providing the same information to other affected licensees, who have only 30 days for their review.

Can a licensee trigger more than one cost-sharing obligation on the same relocated facility?
Yes. Cost-sharing obligations are determined on a per license basis, regardless of which entity owns the license.

How does the Clearinghouse determine when a cost-sharing obligation has been triggered?
The Proximity Threshold Test is a bright-line test that does not require extensive engineering studies or analyses, and it yields consistent, predictable results by eliminating the variations - and thus disputes - which can be associated with the use of interference standards such as the TIA TSB 10-F. The FCC concluded that the use of such a bright-line test in this context will expedite the relocation process by facilitating cost-sharing, minimizing the possibility of disputes that may arise through the use of other standards or tests, and encouraging new entrants to relocate incumbent licensees in the first instance.

The length of the Proximity Threshold Test box 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 box is represented as follows:

How will cost-sharing disputes be resolved?
The FCC requires participants in the cost-sharing plan to submit disputes to the CTIA Spectrum Clearinghouse for resolution in the first instance. Where parties are unable to resolve issues before the Clearinghouse, parties are encouraged to use expedited ADR procedures, such as binding arbitration, mediation, or other ADR techniques.

What costs are eligible for reimbursement?
The actual cost of relocating a system 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, reimbursable costs may include the cost of an independent third party appraisal conducted pursuant to the FCC's rules 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.

How is the cost-sharing for a self-relocating incumbent different in the 2130-2150 and 2180-2200?
With respect to cost-sharing obligations on MSS operators for Fixed Microwave Service (FS) incumbent self-relocation in the 2180-2200 MHz band, the FCC declined to impose cost sharing on MSS operators for voluntary self-relocation by FS incumbents in that band. Accordingly, for FS incumbents that elect to self-relocate their paired channels in the 2130-2150 MHz and 2180-2200 MHz bands (with AWS in the lower band and MSS in the upper band), the FCC has imposed cost-sharing obligations on AWS licensees but not on MSS operators. When a microwave incumbent voluntarily relocates a paired microwave link with paths in the 2130-2150 MHz and 2180-2200 MHz bands, it is entitled to partial reimbursement from the first AWS beneficiary, equal to fifty percent of its actual costs for relocating the paired link, or half of the reimbursement cap, whichever is less. This amount is subject to depreciation.

What is sunset?
Sunset is the term the FCC uses to describe the date on which its rules for fixed microwave and BRS relocations and cost-sharing in the AWS band terminate.

When will sunset take place?
Sunset is scheduled to take place ten (10) years after the first AWS license was awarded, i.e., on November 29, 2016. However, there are two exceptions to this sunset date: first, cost-sharing on eligible BRS relocations will end on November 29, 2021, 15 years after the first F block license was awarded; and second, for the licensees in the 2180 to 2200 MHz band, sunset will take place on December 8, 2013, ten years after the mandatory negotiation period began for the MSS/ATC operators.

How will the CTIA Spectrum Clearinghouse administer cost-sharing on fixed microwave links that have a dual status—both primary and secondary?
In such situations, the CTIA Spectrum Clearinghouse recommends that a relocator register only the relocation costs associated with the primary segment of the fixed microwave link, as the secondary segment would not be eligible for cost-sharing by subsequent benefitting AWS licensees. Additionally, if there are relocation costs common to both segments of the fixed microwave link (i.e., engineering costs), the relocator should divide those expenses in half and include 50% as part of its registered costs.

How will AWS licenses that have been disaggregated or partitioned be treated for cost-sharing at the CTIA Spectrum Clearinghouse?
The CTIA Spectrum Clearinghouse recommends that any party entering into an agreement to disaggregate or partition an AWS license to address the related cost-sharing of eligible relocations in their agreement to divide the license. The cost-sharing policy at the CTIA Spectrum Clearinghouse for a disaggregated or portioned license is that whichever licensee, the disaggregator/disaggregatee or the partitionor/partitionee, that first triggers a cost-sharing obligation for the license, a combination of FCC-defined block and market, will bear the entire finance obligation for cost-sharing of that license on a per relocation basis.