- What is the CTIA Cost-sharing Clearinghouse?
Created as a cooperative venture in 2006 by CTIA and Comsearch working under the authorized designation from the Federal Communications Commission, the CTIA AWS Cost-sharing Clearinghouse ensures objective and equitable cost-sharing of relocations in the 2110 – 2200 MHz spectrum band. We provide the database management and technical analysis to all affected licensees, whether incumbent users of the spectrum or newly licensed entities, in the relocation and cost-sharing process. The CTIA AWS Cost-sharing Clearinghouse is tasked with the identification and notification of cost-sharing obligations in the AWS/MSS spectrum band. This concept of the AWS Cost-sharing Clearinghouse was employed by the FCC to distribute the financial burden of incumbent relocation fairly and promote a more rapid deployment of Advanced Wireless Services.
- When does a licensee obtain reimbursement rights for a relocated link?
An AWS or MSS/ATC relocator obtains reimbursement rights for the link on the date that it signs a relocation agreement with the incumbent. A voluntarily relocating microwave incumbent obtains reimbursement rights for their link on the date that the incumbent notifies the Commission that it intends to discontinue or has discontinued the use of the link. (§27.1164d)
- Is there a time-frame in which I must file my relocation for cost-sharing?
Per the FCC, a relocator has 30 calendar days from the date the relocation agreement is signed with the incumbent to register their reimbursement claim with the Clearinghouse. For a voluntary relocating incumbent, the requirement is to file with the Clearinghouse within 30 calendar days of the date that they submit their notice of service discontinuance with the Commission. Lastly, in the event that relocation is involuntary, FCC requires the relocator to register their reimbursement claim with the Clearinghouse within 30 calendar days after the end of the relocation process, which will be the end of the one-year trial period. (Paragraph 112)
- What documentation needs to be provided when I register a relocation for cost-sharing?Once relocation occurs, the AWS relocator, MSS/ATC relocator, or the voluntarily relocating microwave incumbent must submit documentation itemizing the amount spent on each relocation. Specifically, the AWS relocator, MSS/ATC relocator, or the voluntarily relocating microwave incumbent must submit the uniform cost data requested by the Clearinghouse along with a copy of either the relocation agreement or the third party appraisal, when appropriate. Additionally, voluntary relocating microwave incumbents must also submit their notice of service discontinuance they filed with the FCC. (§27.1166b Paragraph 84)
- What is a PCN and when must it be filed with the Clearinghouse?
A PCN is a Prior Coordination Notification and must be filed with the Clearinghouse within 30 calendar days of constructing and operating the base station at a commercial power level.
- How is a license determined to be co-channel interference to a relocated link?
For each relocated link that is registered with the Clearinghouse for cost-sharing, the relocator must provide the emission designator. This designator, when coupled with the operating frequency of the link, will determine the spectral bandwidth of the system. This will then indicate exactly what licenses are co-channel to an individual relocation. For example, a fixed microwave link with the operating frequencies of 2120/2170 MHz and the emission designator of 3.5 MHz will be co-channel to both the A and B block of the AWS band – 2118.25 MHz (block A) to 2121.75 MHz (block B).
- How will I be notified of a cost-sharing obligation or reimbursement opportunity?
When a cost-sharing obligation or reimbursement opportunity is identified by the CTIA Clearinghouse, the affected parties will be notified via e-mail of such activity.
- How does the CTIA Clearinghouse determine whether an obligation is full-reimbursement or pro-rata?
If a new entrant relocates a BRS facility that is either fully outside its market area, or a fixed microwave link whose end points are fully outside its market area, or their license is not co-channel to the frequencies of the relocation, they may seek full reimbursement without depreciation. Otherwise, the pro-rata cost-sharing formula will be applied. (27.1166c)
- If I have engineered my base-stations to avoid the relocation of an incumbent, can I still trigger a cost-sharing obligation?
Yes. The Clearinghouse determines cost-sharing obligations by applying the Proximity Threshold Test. The FCC finds that the presence of an AWS site within the Proximity Threshold Box, regardless of whether it predates or postdates relocation of the incumbent, and regardless of the potential for actual interference, will trigger a cost-sharing obligation. Accordingly, any licensee that engineers around the link will trigger a cost-sharing obligation once relocation occurs. (Paragraph 79)
- What happens if I deconstruct a site that originally created a cost-sharing obligation?
The obligation will remain once identified. In the FCC’s rules, they preclude licensees that have triggered a cost-sharing obligation from avoiding the obligation by deconstructing or modifying their facilities. (Paragraph 80)
- What is a transaction fee and when is it incurred?
A transaction fee is a service charge from the Clearinghouse for providing the notification of a reimbursement opportunity on an individual relocation.
- What is a multi-party relocation?
A multi-party relocation is one in which two or more licensees jointly relocate a facility.
- What if I have a cost-sharing dispute with another licensee?
The FCC continues to require participants in the cost-sharing plan to submit their disputes to the Clearinghouse for resolution in the first instance. When parties are unable to resolve their issues before the Clearinghouse, parties are encouraged to use expedited ADR procedures, such as binding arbitration, mediation, or other ADR techniques.