Sec.  90.523   Eligibility.

   This section implements the definition of public safety services contained
   in  47 U.S.C. 337(f)(1). The following are eligible to hold Commission
   authorizations for systems operating in the 763–775 MHz and 793–805 MHz
   frequency bands:

   (a) State or local government entities. Any territory, possession, state,
   city,  county,  town, or similar State or local governmental entity is
   eligible to hold authorizations in the 764–776 MHz and 794–806 MHz frequency
   bands.

   (b) Nongovernmental organizations. A nongovernmental organization (NGO) that
   provides services, the sole or principal purpose of which is to protect the
   safety of life, health, or property, is eligible to hold an authorization
   for a system operating in the 764–776 MHz and 794–806 MHz frequency bands
   for transmission or reception of communications essential to providing such
   services if (and only for so long as) the NGO applicant/licensee:

   (1) Has the ongoing support (to operate such system) of a state or local
   governmental  entity whose mission is the oversight of or provision of
   services, the sole or principal purpose of which is to protect the safety of
   life, health, or property;

   (2) Operates such authorized system solely for transmission of communication
   essential to providing services the sole or principal purpose of which is to
   protect the safety of life, health, or property; and

   (3) All applications submitted by NGOs must be accompanied by a new, written
   certification of support (for the NGO applicant to operate the applied-for
   system) by the state or local governmental entity referenced in paragraph
   (b)(1) of this section.

   (c) All NGO authorizations are conditional. NGOs assume all risks associated
   with operating under conditional authority. Authorizations issued to NGOs to
   operate systems in the 764–776 MHz and 794–806 MHz frequency bands include
   the following condition: If at any time the supporting governmental entity
   (see  paragraph  (b)(1))  notifies  the  Commission in writing of such
   governmental entity's termination of its authorization of a NGO's operation
   of a system in the 764–776 MHz and 794–806 MHz frequency bands, the NGO's
   application  shall be dismissed automatically or, if authorized by the
   Commission, the NGO's authorization shall terminate automatically.

   (d) Paragraphs (a) and (b) notwithstanding, no entity is eligible to hold an
   authorization for a system operating in the 764–776 MHz and 794–806 MHz
   frequency bands on the basis of services, the sole or principal purpose of
   which is to protect the safety of life, health or property, that such entity
   makes commercially available to the public.

   (e) The minimum eligibility requirements for the Public Safety Broadband
   Licensee in the 763–768 MHz and 793–798 MHz bands are as follows:

   (1)  No commercial interest may be held in the Public Safety Broadband
   Licensee, and no commercial interest may participate in the management of
   the Public Safety Broadband Licensee;

   (2) The Public Safety Broadband Licensee must be a non-profit organization;

   (3) The Public Safety Broadband Licensee must be as broadly representative
   of the public safety radio user community as possible; and

   (4) The Public Safety Broadband Licensee must be in receipt of written
   certifications from no less than ten geographically diverse state and local
   governmental  entities  (the  authorizing entities), with at least one
   certification from a state government entity and one from a local government
   entity, verifying that—

   (i)  They  have authorized the Public Safety Broadband Licensee to use
   spectrum at 763–768 MHz and 793–798 MHz to provide the authorizing entities
   with public safety services; and

   (ii) The authorizing entities' primary mission is the provision of public
   safety services.

   [ 63 FR 58651 , Nov. 2, 1998, as amended at  65 FR 53645 , Sept. 5, 2000;  72 FR 48860 , Aug. 24, 2007]