§  90.1432   Conditions for waiver to allow limited and temporary wideband
operations in the 700 MHz public safety spectrum.

   (a) Wideband operations in the 700 MHz Public Safety spectrum. Wideband
   operations are prohibited in the public safety allocation of the 700
   MHz band public safety spectrum except where the Commission has granted
   a waiver pursuant to § § 1.3 and 1.925 of this chapter and subject to the
   additional conditions and requirements specified in this section.
   Grants of waiver are restricted to the deployment of a wideband system
   in the consolidated narrowband portion or the internal public safety
   guard band portion of the public safety broadband spectrum. Where
   spectrum in the narrowband segment or internal guard band segment is
   unavailable for wideband operations, public safety entities may request
   a waiver to operate in the upper 1.25 megahertz of the public safety
   broadband spectrum.

   (b) Any public safety entity seeking to conduct wideband operations
   within the public safety allocation must file a request for waiver that
   is accompanied by an application for authorization and includes the
   following information:

   (1) A letter from the Public Safety Broadband Licensee, confirming that
   the proposed wideband deployment is not inconsistent with the broadband
   deployment plan for the affected or adjacent service areas; and

   (2) A description of the conditions or transition requirements, if any,
   agreed to between the applicant and the Public Safety Broadband
   Licensee.

   (c) Additional requirement for wideband operations in the narrowband
   segment and Internal Guard Band. If an applicant seeks permission to
   deploy wideband systems in the narrowband segment, its waiver request
   must also include a letter from the appropriate regional planning
   committee or state licensee confirming that the proposed wideband
   deployment will not disrupt any regional or state planning efforts that
   are underway.

   (d) Additional requirements and conditions for wideband operations in
   the broadband segment. Permission to conduct wideband operations in the
   broadband segment will be granted only where spectrum in the narrowband
   segment or the internal guard band is unavailable for wideband
   operations. In no event will permission be granted to conduct wideband
   operations in geographic areas scheduled for broadband deployment
   within the first three years of the build-out plan for the Shared
   Wireless Broadband Network.

   (1) An applicant seeking permission to deploy wideband systems in the
   broadband segment must have first issued a request for proposal (RFP)
   that permitted interested parties to submit broadband proposals that
   are technically consistent with the Shared Wireless Broadband Network.

   (2) A request for waiver that seeks permission to deploy wideband
   systems in the broadband segment must include the following
   information:

   (i) A substantially supported, detailed technical showing demonstrating
   that insufficient spectrum in the narrowband segment or the internal
   guard band is available to support the desired wideband operations;

   (ii) A showing that rejected responses to the required broadband
   network RFP were more costly, provided less coverage as measured by
   throughput at the network edge, or were otherwise inferior to the
   accepted wideband proposal; and

   (iii) A detailed plan for integration of such wideband system into the
   Shared Wireless Broadband Network. This plan must specify how and by
   what date the wideband applicant will integrate its proposed wideband
   system into Shared Wireless Broadband Network and must include a
   certification that the public safety entity will not seek reimbursement
   for any costs involved in converting the wideband system to Shared
   Wireless Broadband Network upon completion of that network in the
   applicant's geographic area.

   (3) Authority to conduct wideband operations in the broadband segment
   of the public safety spectrum will be subject to the following
   conditions:

   (i) All devices operating on the wideband system must be designed to
   interoperate with Shared Wireless Broadband Network;

   (ii) All waivers will expire automatically upon the Upper 700 MHz D
   Block licensee's initiation of service in the service area covered by
   such waiver.

   (e) Secondary status of wideband operations. All wideband operations
   permitted under this section shall be secondary to the authorized
   narrowband or broadband applications, as applicable.

   (f) License terms for wideband operations. Any secondary license to
   conduct wideband operations in the public safety spectrum shall have a
   term of no more than five years.

   (g) Renewal of wideband authorization. Any request for renewal of an
   initial authorization to conduct wideband operations shall be filed not
   less than 180 days prior to expiration of the license. All renewal
   requests must include a showing that continued operation of the
   wideband system is in the public interest and must be accompanied by a
   letter from the Public Safety Broadband Licensee confirming that
   continuing wideband operations are not inconsistent with the broadband
   deployment plan for the affected or adjacent service areas. The license
   term for any renewal of a license granted under the waiver provisions
   herein shall not exceed three years. No more than one license renewal
   will be granted.

   (h) Grandfathered wideband STA operations. Upon request, the Public
   Safety and Homeland Security Bureau may grant a public safety entity
   that has constructed, deployed, and was operating a wideband system as
   of July 31, 2007 pursuant to STA to extend the STA grant for periods of
   no more than 180 days until, but not later than, six months following
   the selection of the Public Safety Broadband Licensee.