§  27.1307   Spectrum use in the network.

   (a) Spectrum use. The shared wireless broadband network developed by
   the 700 MHz Public/Private Partnership will operate using spectrum
   associated with the Upper 700 MHz D Block license in the 758-763 MHz
   and 788-793 MHz bands and the Public Safety Broadband License in the
   adjacent 763-768 MHz and 793-798 MHz bands.

   (b) Access to spectrum in the 758-763 MHz and 788-793 MHz bands. The
   Upper 700 MHz D Block licensee shall lease the spectrum rights
   associated with the Upper 700 MHz D Block license to the Operating
   Company, pursuant to the Commission's spectrum leasing rules. The
   spectrum leasing arrangement shall be a long-term de facto transfer
   leasing arrangement for the entire remaining term of the Upper 700 MHz
   D Block license. If the Upper 700 MHz D Block license is renewed, the
   parties will be required to renew this spectrum leasing arrangement as
   well.

   (c) Access to spectrum in the 763-768 MHz and 793-798 MHz bands. The
   Public Safety Broadband Licensee, which holds the Public Safety
   Broadband License pursuant to part 90 rules, must lease the spectrum
   usage rights associated with this license, pursuant to a spectrum
   manager leasing arrangement set forth in part 1 subpart X, to the Upper
   700 MHz D Block licensee and the Operating Company for the entire
   remaining term of the Public Safety Broadband License to effectuate the
   700 MHz Public/Private Partnership. The Upper 700 MHz D Block licensee
   and the Operating Company are the only entities that are eligible to
   lease the spectrum usage rights associated with the Public Safety
   Broadband License to operate on the 763-768 and 793-798 MHz bands. If
   the Upper 700 MHz D Block license is cancelled, this spectrum leasing
   arrangement will automatically terminate.

   (d) Commercial operations in the 763-768 MHz and 793-798 MHz bands.
   Commercial operations in the 763-768 MHz and 793-798 MHz bands through
   the spectrum manager leasing arrangement shall not cause harmful
   interference to primary users ( i.e. , public safety users) and cannot
   claim protection from harmful interference from the primary public
   safety operations in the 763-768 MHz and 793-798 MHz bands. The network
   providing commercial operations in the 763-768 MHz and 793-798 MHz
   bands through the spectrum manager leasing arrangement must be designed
   to automatically assign priority to public safety users, to the
   exclusion and/or immediate preemption of any commercial use on a
   dynamic, real-time priority basis, and to guarantee that public safety
   users suffer no harmful interference or interruption or degradation of
   service due to commercial operations in the 763-768 MHz and 793-798 MHz
   bands.