Sec.  90.528   Public safety broadband license.

   (a) The 763–768/793–798 MHz bands are allocated on a nationwide basis for
   public safety broadband operations and licensed to a single Public Safety
   Broadband Licensee. The 768–769/798–799 MHz bands also are licensed to the
   Public Safety Broadband Licensees as guard bands. The license area of the
   Public  Safety Broadband License consists of the contiguous 48 states,
   Alaska, Hawaii, Gulf of Mexico, and the U.S. territories.

   (b)  The  Public  Safety Broadband License authorizes construction and
   operation  of base stations anywhere within the area authorized by the
   license, except as follows:

   (1) A station is required to be individually licensed if:

   (i) International agreements require coordination;

   (ii) Submission of an environmental assessment is required under  Sec. 1.1307 of
   this chapter; or

   (iii) The station would affect areas identified in  Sec. 1.924 of this chapter.

   (2) Any antenna structure that requires notification to the Federal Aviation
   Administration  (FAA)  must be registered with the Commission prior to
   construction under  Sec. 17.4 of this chapter.

   (c) Mobile and portable devices may operate without individual license under
   the authority of the Public Safety Broadband License.

   (d) The term of the Public Safety Broadband License shall not exceed ten
   years  from February 17, 2009. The Public Safety Broadband Licensee is
   entitled to a renewal expectancy barring violations of law, rules or policy
   warranting denial of renewal.

   (e)  The  Public  Safety  Broadband  License may not be partitioned or
   disaggregated.

   (f) The Public Safety Broadband Licensee may not voluntarily assign or
   transfer control of the Public Safety Broadband License.

   (g) Quarterly reporting of financial and operational information. The Public
   Safety  Broadband  Licensee shall submit, on a quarterly basis, a full
   financial accounting to the Commission, in a format to be set forth in the
   Network Sharing Agreement, and as approved by the Commission. Such quarterly
   financial reports shall be filed with the Commission, with a copy to the
   Chiefs of the Wireless Telecommunications and the Public Safety and Homeland
   Security Bureaus.

   [ 72 FR 48860 , Aug. 24, 2007]