Is the sunset of relocation and cost-sharing rules different for MSS/ATC licensees when compared to Advanced Wireless Services (AWS) licensees?
Yes. Per the FCC, the sunset of relocation and cost-sharing for MSS/ATC licensees will occur on December 8, 2013 - ten years after their mandatory negotiation periods started, while cost-sharing rules sunset for AWS licensees 10 years after the first AWS license was awarded - November 29, 2016 sunset.

What are the negotiation periods for MSS licensees when relocating microwave incumbents?
Per the FCC's rules, only mandatory negotiations will be required for such relocations. Depending on the incumbent's status, there are 2 different negotiation periods. For non-public safety incumbents, the negotiation period ended on December 8, 2004. For public safety incumbents, the negotiation period ended on December 8, 2005.

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 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.

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).

When does a licensee obtain reimbursement rights for a relocated link?
An MSS relocator obtains reimbursement rights for the link on the date that it signs a relocation agreement with the incumbent.

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

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 one party can register as part of their reimbursement claim. On a per link basis, the cap is $250,000 for equipment expenditures and $150,000 for tower modifications.

SPACE-TO-EARTH DOWNLINKS

Is participation at the CTIA Spectrum Clearinghouse optional for MSS licensees using their space-to-Earth downlinks?
Yes, participation is optional. MSS operators are not required to submit reimbursements to the CTIA Spectrum Clearinghouse for links relocated due to interference from MSS space-to-Earth downlink operations, but may elect to do so, in which case the MSS operator must identify the reimbursement claim as such and follow the applicable procedures governing reimbursement.

When a MSS licensee triggers a cost-sharing obligation with its space-to-Earth downlinks, what do they owe?
50% of the allowable costs up to the caps. Whenever a MSS licensee using their space-to-Earth downlink triggers a cost-sharing obligation, the relocator is entitled to reimbursement of 50% of its relocation costs up to the cap from the MSS space-to-Earth downlink operator which would have been required to relocate the same fixed microwave link.

Does the formula used to determine the amount of a cost-sharing obligation triggered by a MSS licensee's space-to-Earth operations depreciate?
No. The FCC declined to incorporate depreciation into the formula to determine such obligation amounts owed by MSS licensees for space-to-Earth interference.

Does a MSS licensee need to reimburse self-relocating incumbents in the 2180 - 2200 MHz range?
No. When a self-relocating microwave incumbent relocates a paired microwave link with paths in the 2130-2150 MHz and 2180-2200 MHz bands, it may not seek reimbursement from MSS operators, including MSS/ATC operators.

ANCILLARY TERRESTRIAL COMPONENT (ATC)

Is a MSS licensee required to use a cost-sharing clearinghouse for deployment of their ATC (Ancillary Terrestrial Component) network?
Yes. ATC operations will trigger incumbent microwave relocations on a link-by-link basis in the same way as AWS operations. Thus, the FCC concluded that MSS operators deploying ATC operations will be required to use a clearinghouse for cost-sharing.

Are MSS licensees obligated to PCN to the Clearinghouse for the ATC network deployment?
Yes. MSS operators must file notices of operation (Prior Coordination Notices or PCNs) with the CTIA Spectrum Clearinghouse for all ATC base stations following the same rules and procedures that that will govern all AWS base stations. Such notices to the CTIA Spectrum Clearinghouse must be 30 calendar days prior to operating the base station at a commercial power level.

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.

What is the cost-sharing test to determine obligations for ATC sites?
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 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.