§  90.1410   Network sharing agreement.

   The relationship between the Upper 700 MHz D Block licensee, the Public
   Safety Broadband Licensee, and related entities as the Commission may
   require or allow will be governed by the Network Sharing Agreement
   (NSA) and such other separate agreements as the Commission may require
   or allow that are negotiated and entered into between the parties. The
   NSA must, at a minimum, include the following terms:

   (a) All of the substantive rights and obligations of the parties
   relating to the NSA, as established by the Commission concerning the
   700 MHz Public/Private Partnership.

   (b) Network specifications that comply with § 27.1305 of this chapter.

   (c) The definition of “emergency” for purposes of emergency priority
   access.

   (d) All service fees to be imposed for services to public safety,
   including fees for normal network service and fees for priority access
   to the D Block spectrum in an emergency.

   (e) A detailed build-out schedule consistent with § 27.1327 of this
   chapter, including coverage of major highways and interstates, as well
   as incorporated communities with a population in excess of 3,000.

   (f) The right of the Public Safety Broadband Licensee to determine and
   approve the specifications of public safety equipment used on the
   network and the right to purchase its own subscriber equipment from any
   vendor it chooses, to the extent such specifications and equipment are
   consistent with reasonable network control requirements established in
   the NSA.

   (g) The Upper 700 MHz D Block licensee must offer at least one handset
   suitable for public safety use that includes a seamlessly integrated
   satellite solution pursuant to the terms, conditions, and timeframes
   set forth in the NSA.

   (h) Any major modification of the terms of the NSA, related agreements
   or documents, or such other agreements as the Commission may require or
   allow must be submitted to the Commission for prior approval. All other
   modifications must be submitted to the Chiefs of the Wireless
   Telecommunications Bureau and the Public Safety and Homeland Security
   Bureau for prior approval.

   (i) The NSA shall require, in a separate agreement, the granting of an
   irrevocable and assignable right of first refusal to purchase the
   network assets if and whenever such assets are otherwise to be sold and
   an irrevocable and assignable option in favor of the Public Safety
   Broadband Licensee to purchase the network and all network assets if
   and whenever the Upper 700 MHz D Block license is cancelled or
   terminated, by reason of default or for any other reason, for a
   consideration equivalent to the fair market value of the tangible and
   intangible assets sold. This right and option shall be senior to, and
   have priority over, any other right, claim, or interest in or to the
   network or the network assets. The NSA shall also include a fair market
   valuation methodology to determine the fair market value of the shared
   wireless broadband network assets.

   (j) The NSA must have a term, not to exceed 10 years from June 13,
   2009, that coincides with the terms of the Upper 700 MHz D Block
   license and the Public Safety Broadband License.

   [ 72 FR 48863 , Aug. 24, 2007, as amended at  74 FR 8879 , Feb. 27, 2009]