Goto Section: 27.1327 | 27.1333 | Table of Contents
FCC 27.1330
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 27.1330 Local public safety build-out and operation.
(a) The Upper 700 MHz D Block licensee and the Operating Company through its
lease arrangements shall, except in the two limited circumstances set forth
herein, have the exclusive right to build and operate the Shared Wireless
Broadband Network.
(b) Rights to early build-out in areas with a build-out commitment. In an
area where the Upper 700 MHz D Block licensee has committed, in the NSA, to
build out by a certain date, a public safety entity may, with the
pre-approval of the Public Safety Broadband Licensee and subject to the
requirements set forth herein, construct a broadband network in that area at
its own expense so long as the network is capable of operating on the Shared
Wireless Broadband Network and meets all the requirements and specifications
of the network required under the NSA.
(1) Options for early build-out in areas with a build-out commitment. In
order to obtain authorization to construct a broadband network as set forth
in paragraph (b) of this section, the requesting public safety entity must
agree to one of the following:
(i) To, on its own, or through the Public Safety Broadband Licensee acting
on its behalf, construct the network at its own expense, and upon completion
of construction transfer the network to the Upper 700 MHz D Block licensee,
which shall then integrate that network into the Shared Wireless Broadband
Network constructed pursuant to the NSA; or
(ii) To, in agreement with the Upper 700 MHz D Block licensee, provide all
funds necessary for the Upper 700 MHz D Block licensee to complete the early
construction of the network, including any and all additional resource and
personnel costs, allowing the Upper 700 MHz D Block licensee at all times to
own, operate, and manage the network as an integrated part of the Shared
Wireless Broadband Network.
(2) Negotiation of amendment to NSA. Under either early build out option set
forth in paragraph (b)(1) of this section, the Public Safety Broadband
Licensee, the Upper 700 MHz D Block licensee, and the public safety entity
must, prior to any construction, negotiate an amendment to the NSA regarding
this part of the network, specifying ownership rights, fees, and other
terms, which may be distinct from the analogous terms governing the Shared
Wireless Broadband Network, and such amendment must be approved by the
Commission.
(i) Such amendment must provide the terms under which the Upper 700 MHz D
Block licensee shall receive full ownership rights and shall compensate the
public safety entity (or the Public Safety Broadband Licensee, where
appropriate) for the construction of the network; and shall, absent
agreement to the contrary, provide for such transfer and compensation to
occur prior to the scheduled build out date for such network in the NSA.
(ii) Any right to compensation from the Upper 700 MHz D Block licensee
related to such early build-out shall be limited to the cost that would have
been incurred had the Upper 700 MHz D Block licensee constructed the network
itself in accordance with the original terms and specifications of the NSA,
as reasonably determined by the parties and negotiated as part of the NSA
amendment required in paragraph (b)(2) of this section. Such costs shall not
include costs attributable solely to advancing the date of construction or
otherwise expediting the construction process.
(3) Operations. The public safety entity may not commence operations on the
network until ownership of the network has been transferred to the Upper 700
MHz D Block licensee. Further, no operations shall be allowed except those
authorized and conducted pursuant to the authority of the Public Safety
Broadband License.
(4) Attribution of early build-out to national benchmarks. Upon completion
of construction, transfer of ownership to the Upper 700 MHz D Block
licensee, and compensation as required herein, if applicable, the Upper 700
MHz D Block licensee may include the network constructed pursuant to the
early build-out provisions herein for purposes of determining whether it has
met its national build-out benchmarks and the build-out requirements of the
NSA.
(5) Rights to build out and operate in areas without a build-out commitment.
In areas for which the NSA does not require the Upper 700 MHz D Block
licensee to build out the Shared Wireless Broadband Network, a public safety
entity may build out and operate a separate, exclusive network in the 700
MHz public safety broadband spectrum at any time, provided the public safety
entity has received the written approval of the Public Safety Broadband
Licensee and operates its independent network pursuant to a spectrum leasing
arrangement into which the public safety entity has entered with the Public
Safety Broadband Licensee.
(i) Such leasing arrangement shall not require the approval or consent of
the Upper 700 MHz D Block licensee; however, the Public Safety Broadband
Licensee must provide the Upper 700 MHz D Block licensee with notice of the
public safety entity's intent to construct in that area within 30 days of
receipt of a request from a public safety entity seeking to exercise this
option, and shall inform the Upper 700 MHz D Block licensee of the public
safety entity's anticipated build-out date(s).
(ii) Should the Upper 700 MHz D Block licensee, within 30 calendar days from
receipt of notice of the public safety entity's intent to construct in that
area, certify in writing to the Public Safety Broadband Licensee that it
will build out the shared network in the area within a reasonable time of
the anticipated build-out date(s), as determined by the Public Safety
Broadband Licensee, the Public Safety Broadband Licensee shall not allow the
public safety entity to build and operate its own separate exclusive network
in that area, provided that the Upper 700 MHz D Block licensee and the
Public Safety Broadband Licensee execute an amendment to the NSA indicating
the Upper 700 MHz D Block licensee's commitment to build the network in that
area. Such commitment shall become enforceable against the Upper 700 MHz D
Block licensee as part of its overall build-out requirements.
(iii) If the Upper 700 MHz D Block licensee does not exercise its option to
commit to build out the network in the requested area within 30 calendar
days of receipt of notice of the public safety entity's intent to construct
in such area, the Public Safety Broadband Licensee and the public safety
entity may proceed with a spectrum leasing arrangement, which must be filed
with the Commission prior to the public safety entity commencing any
operations. The spectrum leasing arrangement must take the form of a
spectrum manager leasing arrangement under the rules specified in Sec. 1.9020 of
this chapter, and incorporate the following conditions:
(A) The network must provide broadband operations;
(B) The network must be fully interoperable with the Shared Wireless
Broadband Network;
(C) The network must be available for use by any public safety entity in the
area;
(D) The network must satisfy any other terms or conditions required by the
Public Safety Broadband Licensee; and
(E) The public safety entity must construct and place into operation its
network within one year of the effective date of the spectrum manager
leasing arrangement. If the public safety entity fails to place the network
into operation within one year, the Public Safety Broadband Licensee shall
terminate the spectrum leasing arrangement pursuant to Sec. 1.9020(h)(3) of this
chapter. The public safety entity may also seek extended implementation
authority from the Commission pursuant to the requirements of Sec. 90.629 of
this chapter.
(6) Except as set forth herein, the separate network is not required to meet
the other specifications of the Shared Wireless Broadband Network. Absent
agreement of the public safety entity, the Public Safety Broadband Licensee,
and the Upper 700 MHz D Block licensee, the separate network may not operate
using any spectrum associated with the Upper 700 MHz D Block license.
(7) The Public Safety Broadband Licensee must file with the Commission any
spectrum manager leasing arrangement as specified in Sec. 1.9020(e) of this
chapter; such filing shall identify the public safety entity leasing the
spectrum, the particular areas of spectrum leased as part of this build-out
option, and the specific network infrastructure and equipment deployed on
such leased spectrum.
Goto Section: 27.1327 | 27.1333
Goto Year: 2007 |
2009
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