§  90.1420   Failure to comply with the NSA or the Commission's rules.

   (a) Failure to comply with the Commission's rules or the terms of the
   NSA may warrant cancelling the Public Safety Broadband License. The
   potential remedies also include, but are not limited to, assigning the
   license to another entity, directing the Public Safety Broadband
   Licensee to transfer the assignable right to purchase the assets at
   fair market value, ordering specific performance, or ordering removal
   and replacement of individual officers, directors or member
   organizations of the Public Safety Broadband Licensee.

   (b) If the Commission cancels or terminates the Upper 700 MHz D Block
   license, a fair market valuation of the shared wireless broadband
   network assets shall be performed immediately, pursuant to the fair
   market valuation methodology set forth in the NSA. In the event that
   the Upper 700 MHz D Block license is awarded to a new entity, the
   Public Safety Broadband Licensee's option to purchase the network and
   all network assets if and whenever the Upper 700 MHz D Block license is
   cancelled or terminated and its right of first refusal to purchase the
   network assets if and whenever such assets are otherwise to be sold
   shall be assigned to the new Upper 700 MHz D Block licensee and the new
   Network Assets Holder.

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