Sec.  90.1407   Spectrum use in the network.

   (a) Spectrum use. The Shared Wireless Broadband Network 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 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 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.

   (c)  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.