AWS Clearinghouse

AWS entrants, MSS/ATC entrants, and certain self-relocating microwave incumbents may seek reimbursement for costs associated with the relocation of licensed incumbent systems that have primary status. In the FMS scenario, microwave incumbents may also relocate themselves and seek reimbursement from the first AWS beneficiary. Claims for reimbursement are limited to relocation expenses incurred on or after November 29, 2006 and prior to the sunset date (defined below). At sunset date, FMS and BRS in the AWS spectrum band will automatically have secondary status. Any relocation of FMS and BRS licensees after the sunset date will not be subject to cost sharing obligations.

What is the negotiation period associated with the 2.1GHz spectrum relocation?

In the AWS cost sharing procedures, the FCC's orders require parties to enter a mandatory period of negotiation. To initiate this negotiation, the new entrant informs the incumbent in writing that it desires to negotiate. During this time the AWS entrants and microwave incumbents are required to negotiate the terms for relocation in good faith. “Good faith” means the FCC expects licensees and incumbents to demonstrate reasonable and necessary efforts in resolving incurred expenses of relocation.

The mandatory negotiation period can vary based upon the classification type of the incumbent. For instance, public safety microwave incumbents have a 3 year mandatory negotiation period. However, non-public safety incumbents have a 2 year mandatory negotiation period.

If no resolution is reached, at the end of these periods the new entrant can initiate the involuntary relocation procedures.

According to the FCC order, the mandatory negotiation period will commence when the AWS licensee informs a fixed microwave incumbent in writing of its desire to negotiate for the relocation of a microwave facility operated by an incumbent. These negotiations will be independent from any other ongoing negotiations and each is specific to an individual incumbent microwave facility or path. All parties are required to negotiate in good faith.

In accordance with the FCC’s Part 27 rules governing cost sharing policies, all claims for reimbursement are limited to relocation registrations received within the FCC’s cost sharing deadline. To obtain reimbursement rights on a voluntarily relocated microwave link, a voluntarily relocating microwave incumbent must submit documentation of the relocation of the link to PCIA within 30 calendar days of the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link. This discontinuance of service must also follow the guidelines set forth in §101.305 of the Commission's rules governing the Discontinuance, Reduction or Impairment of Service. To obtain reimbursement rights on a relocation performed by an AWS relocator or MSS/ATC relocator, documentation must be submitted to PCIA within 30 calendar days after the end of the relocation.

In the event that relocation is involuntary, the FCC requires the relocator to register its reimbursement claim with the clearinghouse within 30 calendar days after the end of the relocation process, which will be the end of the incumbent’s trial period.

What documentation do I need to submit when registering with the clearinghouse?

All registrations must be submitted using the PCIA registration spreadsheet formats. These files have specific data fields and data formats. Data formats and examples are found here. This data outlines the basic geographic, technical and financial aspects of the relocation. PCIA uses this data to perform its cost sharing analysis.

Accompanying this data file, the relocator must submit documentation itemizing the amount spent on the relocation. A voluntarily relocating microwave incumbent must submit the uniform cost data requested by PCIA along with a copy of the third party appraisal.

Furthermore, AWS and MSS/ATC relocators must submit a copy of the relocation agreement executed between the two parties to relocation.

The third party appraisal submitted by voluntarily relocated microwave incumbents is an independent third party appraisal of its compensable relocation costs. This 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 or items outside the scope of § 27.1164(b).

Additionally, a voluntarily relocating microwave incumbent should submit its notice of service discontinuance with the FCC.

PCN submittals only need to follow the formats outlined by the clearinghouse.

For more information on formats, you can find them on our website by clicking on "Register Here” from the awsclearinghouse.com Home screen.

How does the clearinghouse determine co-channel interference to a relocated link?

The emission bandwidth for each relocated link must be provided to the PCIA AWS Clearinghouse upon registration. This emission, when paired with the frequency of the link, will determine the complete spectral bandwidth of the relocated system. For example, an FMS link with the operating frequencies of 2121.2/2171.2 MHz and the emission designator of 3.5 MHz (1.75 MHz on either side of frequency) will be co-channel to both the A and B block of the AWS band.

The Clearinghouse will only release information to those entities that need it to meet their cost-sharing obligations and as required by the FCC. PCIA does not use one or more outside contractors to process your data. Doing so raises a potential for data integrity issues in the future. PCIA is dedicated to providing a neutral, efficient and secure service assisting companies recover costs incurred as a result of spectrum relocation.

Our web-based system allows you to submit and PCIA to process your cost-sharing data quickly and easily. You can also access your data at any time online.

By registering with PCIA, you are complying with the applicable FCC’s rules governing cost sharing in the 2.1GHz band.

How is the cost-sharing for a voluntarily relocating incumbent different in the 2130-2150 / 2180-2200MHz band?

The FCC declined to impose any cost sharing on MSS operators for incumbent self-relocations in this band. When a voluntarily relocating microwave incumbent relocates a paired link in the 2130-2150 / 2180-2200MHz band, it cannot seek reimbursement from MSS operators. It is however entitled to seek reimbursement from the first AWS entrant, equal to fifty percent (50%) of its actual costs for relocating the paired link or half of the reimbursement cap, whichever is less. This amount is subject to depreciation.

How will I be notified of a cost-sharing obligation or reimbursement opportunity?

The Clearinghouse will notify you of a cost sharing obligation or reimbursement opportunity once all data for that particular day is collected. You will receive this notification in the form of an email. This is your record of cost sharing activity on a particular link and can be printed out like any other emailed document.

You are also able to access and view these notifications with greater detail while in the User Console area of the website. Here you can view the map of the link showing the proximity threshold box and also see the data file you uploaded to the Clearinghouse that created this event.

How does the Clearinghouse determine when a cost-sharing obligation has been triggered?

The Proximity Threshold Test (PTB) is the test the Clearinghouse uses to determine cost sharing obligations. The true benefit to the PTB is that it does not require extensive engineering studies or analyses and it yields consistent, predictable results without the variations common with the use of TIA TSB 10F standards. The FCC recognized that the Proximity Threshold Box also limits a licensee’s ability to engineer around relocated facilities to avoid reimbursement obligations. They concluded that the use of such a bright-line test in this context will ease the burden of administering cost sharing rules. Additionally, it should encourage new entrants in the AWS to relocate incumbent licensees in the first instance.

The length of the Proximity Threshold rectangle 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:

AWS licensees and MSS/ATC licensees must file a PCN (Prior Coordination Notice) with the Clearinghouse containing the site specific data pertaining to the newly constructed or modified base station prior to initiating operations for such a base station. Companies should submit base station site data to the Clearinghouse on the same date it submits its PCN. If a carrier delays filing its site information the Clearinghouse reserves the right to backdate the triggered obligation for purposes of determining depreciation. Click here for the PCN Data Formats.

The Clearinghouse requires minimal site data - the latitude, longitude, frequency block, and identification numbers. This data is sent to the PCIA's Advanced Wireless Services Clearinghouse using an Excel spreadsheet.
Click here for the PCN Data Formats

No company is ever required to register link information. However, companies that do not register link information cannot be reimbursed for costs involved in relocation.

Because of the depreciation factor in the cost-sharing formula, there may be benefit in registering links as early as possible. (Depreciation subtracts roughly $1,000 every month from a first-trigger pro-rata obligation for a $250,000 link.)

Registering links with the PCIA Advanced Wireless Services Clearinghouse is risk-free. There is no charge for registering link information with the Clearinghouse.

An FMS incumbent licensee may choose to voluntarily relocate its own link out of the AWS spectrum. Such an FMS incumbent is commonly referred to as a “voluntarily relocating microwave incumbent.” A voluntarily relocating microwave incumbent is entitled to seek reimbursement from AWS licensees benefiting from the self relocation.

When the FMS incumbent relocates a paired link in the 2130-2150 and 2180-2200 MHz bands, it may not seek reimbursement from MSS or MSS/ATC operators. The voluntarily relocating microwave incumbent is entitled to seek partial reimbursement from the first benefiting AWS entrant, equal to 50 % of the actual costs for relocating the paired link or half the reimbursement cap, whichever is less.

BRS incumbent licensees voluntarily relocating their own links out of the AWS spectrum are not entitled to reimbursement under the cost sharing rules. See Ninth Report and Order ¶ 20

The Agreement Date (or Relocation Date) is the date of the relocation agreement between the microwave incumbent and the AWS relocator under which the AWS relocator agrees to pay the microwave incumbent’s relocation costs. The Clearinghouse determines the number of months that have elapsed between the relocation of the link and a trigger based on this date. For voluntarily relocating incumbents, the Agreement Date is the date on which it notifies the Commission that it plans to discontinue its use of the link. See §101.305 of the Commission’s rules for more information.
Click Here for FMS data formats
Click Here for BRS data formats

The Clearinghouse uses the FCC Formula found in Rule Section 27.1164 to determine the obligation amount. Simply, the formula is:

C/N x D

C = Costs of the link reported to the Clearinghouse (up to the caps)

N = Number of benefiting licensees to the relocation

D = Depreciation (120-m/120)*

*Depreciation is calculated in the following manner: First the Clearinghouse determines the number of whole months from the link agreement date to the notification date. (Examples: 12/01/08 to 12/02/09 is twelve months. 12/01/08 to 11/30/09 is eleven months.) Next, that number is subtracted from 120. (The total number of months in the 2006-2016 cost-sharing period). Then the result is divided by 120.

The Clearinghouse uses the FCC Formula found in Rule Section 27.1180(a) to determine the obligation amount. Simply, the formula is:

C/N x D

C = Costs of the system reported to the Clearinghouse

N = Number of benefiting licensees to the relocation

D = Depreciation (180-m/180)

Sunset is the term the FCC uses to describe the termination of its rules for microwave relocation and cost-sharing in the 2.1 GHz band. The sunset date for BRS relocations is set for November 29, 2021, and the sunset date for FMS is set for November 29, 2016. The relocation sunset date for MSS/ATC is set for December 8, 2013.

If you have any questions, please email us at info@awsclearinghouse.com