Sec.  90.1415   Establishment, execution, and application of the network sharing
agreement.

   The  following requirements and processes relate to the establishment,
   execution, and application of the NSA:

   (a) Approval of NSA as pre-condition for granting the Upper 700 MHz D Block
   License. The Public Safety Broadband Licensee must negotiate an NSA and such
   other agreements as the Commission may require or allow with the winning
   bidder for the Upper 700 MHz D Block license. The NSA and related agreements
   or documents must be approved by the Commission and then executed by the
   relevant parties. Parties to the NSA must also include the Upper 700 MHz D
   Block licensee, the Network Assets Holder, and the Operating Company, as
   these entities are defined in  Sec. 90.7.

   (b) Requirement of negotiation. Negotiation of an NSA between the winning
   bidder for the Upper 700 MHz D Block license and the Public Safety Broadband
   Licensee must commence by the date the winning bidder files its long form
   application or the date on which the Commission designates the Public Safety
   Broadband Licensee, whichever is later, and must conclude within six months
   of that date. Parties to this negotiation are required to negotiate in good
   faith.  Two  members  of  the  Commission staff, one from the Wireless
   Telecommunications  Bureau and one from the Public Safety and Homeland
   Security  Bureau, shall be present at all stages of the negotiation as
   neutral observers.

   (c) Reporting requirements. Beginning three months from the triggering of
   the six-month negotiation period, the Public Safety Broadband Licensee and
   the  winning bidder for the Upper 700 MHz D Block license must jointly
   provide detailed reports, on a monthly basis and subject to a request for
   confidential treatment, on the progress of the negotiations throughout the
   remainder of the negotiations. These reports must include descriptions of
   all material issues that the parties have yet to resolve.

   (d) Submission of final agreement. As soon as the parties have reached an
   agreement on all the terms of the NSA, related agreements or documents, and
   such other agreements as the Commission may require or allow but not later
   than five business days after the six-month period for negotiation has
   expired, they must submit the NSA together with all agreements and related
   documents  referenced  in the NSA, for review and approval by the full
   Commission. The Commission will act on the NSA within 60 days of receipt.
   The  Commission  may  approve  the  NSA  in its entirety, approve with
   modifications,  or  require the parties to address additional terms or
   re-draft existing terms within a specified timeframe. After the NSA is
   approved, the parties must execute the NSA and such other agreements as the
   Commission may require or allow and submit executed copies to the Commission
   within 10 business days of approval.

   (e) Submission of disputed issues. If the parties have not reached agreement
   on all terms of the NSA and related agreements by the end of the six-month
   period, they must notify the Commission not later than five business days
   after the expiration of the six-month period of the terms on which they have
   agreed, the nature of the remaining issues, each party's position on each
   issue, whether additional negotiation is likely to produce an agreement,
   and, if so, a proposed deadline for reaching agreement on the NSA. Authority
   is delegated jointly to the Chiefs of the Wireless Telecommunications Bureau
   and the Public Safety and Homeland Security Bureau to resolve any remaining
   disputes.

   (f) Resolution of disputes. Actions to resolve disputes may include, but are
   not limited to:

   (1) Granting additional time for negotiation;

   (2) Issuing a decision on the disputed issues and requiring the submission
   of a draft agreement consistent with the decision;

   (3) Directing the parties to further brief the remaining issues in full for
   immediate Commission decision; and/or

   (4) Immediate denial of the long-form application filed by the winning
   bidder for the Upper 700 MHz D Block license.

   (g) Default by winning bidder for Upper 700 MHz D Block license. If the
   winning  bidder  for  the  Upper  700 MHz D Block fails to comply with
   negotiation  or  dispute resolution requirements or fails to execute a
   Commission-approved NSA, its long form application will be denied. If the
   long form application of the winning bidder of the Upper 700 MHz D Block
   license is denied for any reason, including as a consequence of an action
   taken pursuant to paragraphs (e) and (f) of this section, it will be deemed
   to have defaulted under  Sec. 1.2109(c) of this chapter and will be liable for
   the default payment specified in  Sec. 1.2104(g) of this chapter.