Sec.  27.1320   Failure to comply with the NSA or the Commission's rules.

   (a) Failure to comply with the Commission's rules or the terms of the NSA
   may warrant cancelling the Upper 700 MHz D Block license and awarding it to
   a new licensee. In the event the Upper 700 MHz D Block license is cancelled,
   the Commission shall issue an order cancelling the license and announcing
   the process for awarding rights to the spectrum to a new licensee. Pending
   the  award to a new licensee, the Commission shall issue the Operating
   Company a special temporary authority to prevent interruption of services
   provided over the Shared Wireless Broadband Network. The Operating Company
   must continue to provide both commercial service and services to public
   safety during the transition. Upon grant of a new license, the Commission
   shall establish the terms and timing under which the special temporary
   authorization shall be cancelled and the new Upper 700 MHz D Block licensee
   assumes the construction and operation of the network.

   (b)  If the Commission cancels or terminates the Upper 700 MHz D Block
   license, a fair market valuation of the shared wireless broadband network
   assets shall be performed immediately, pursuant to the fair market valuation
   methodology set forth in the NSA. In the event that the Upper 700 MHz D
   Block  license is awarded to a new entity, the Public Safety Broadband
   Licensee's option to purchase the network and all network assets if and
   whenever the Upper 700 MHz D Block license is cancelled or terminated and
   its right of first refusal to purchase the network assets if and whenever
   such assets are otherwise to be sold shall be assigned to the new Upper 700
   MHz D Block licensee and the new Network Assets Holder.