Sec.  27.1307   Spectrum use in the network.

   (a) Spectrum use. The shared wireless broadband network developed by the 700
   MHz Public/Private Partnership will operate using spectrum associated with
   the Upper 700 MHz D Block license in the 758–763 MHz and 788–793 MHz bands
   and the Public Safety Broadband License in the adjacent 763–768 MHz and
   793–798 MHz bands.

   (b) Access to spectrum in the 758–763 MHz and 788–793 MHz bands. The Upper
   700 MHz D Block licensee shall lease the spectrum rights associated with the
   Upper 700 MHz D Block license to the Operating Company, pursuant to the
   Commission's spectrum leasing rules. The spectrum leasing arrangement shall
   be  a  long-term  de facto transfer leasing arrangement for the entire
   remaining term of the Upper 700 MHz D Block license. If the Upper 700 MHz D
   Block  license  is renewed, the parties will be required to renew this
   spectrum leasing arrangement as well.

   (c) Access to spectrum in the 763–768 MHz and 793–798 MHz bands. The Public
   Safety Broadband Licensee, which holds the Public Safety Broadband License
   pursuant to part 90 rules, must lease the spectrum usage rights associated
   with this license, pursuant to a spectrum manager leasing arrangement set
   forth in part 1 subpart X, to the Upper 700 MHz D Block licensee and the
   Operating  Company  for the entire remaining term of the Public Safety
   Broadband License to effectuate the 700 MHz Public/Private Partnership. The
   Upper  700 MHz D Block licensee and the Operating Company are the only
   entities that are eligible to lease the spectrum usage rights associated
   with the Public Safety Broadband License to operate on the 763–768 and
   793–798 MHz bands. If the Upper 700 MHz D Block license is cancelled, this
   spectrum leasing arrangement will automatically terminate.

   (d)  Commercial  operations  in the 763–768 MHz and 793–798 MHz bands.
   Commercial operations in the 763–768 MHz and 793–798 MHz bands through the
   spectrum manager leasing arrangement shall not cause harmful interference to
   primary users ( i.e. , public safety users) and cannot claim protection from
   harmful  interference from the primary public safety operations in the
   763–768  MHz  and  793–798 MHz bands. The network providing commercial
   operations in the 763–768 MHz and 793–798 MHz bands through the spectrum
   manager  leasing  arrangement must be designed to automatically assign
   priority  to  public  safety  users, to the exclusion and/or immediate
   preemption of any commercial use on a dynamic, real-time priority basis, and
   to guarantee that public safety users suffer no harmful interference or
   interruption or degradation of service due to commercial operations in the
   763–768 MHz and 793–798 MHz bands.