§  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]