§ 27.16   Network access requirements for Block C in the 746-757 and 776-787
MHz bands.

   (a) Applicability. This section shall apply only to the authorizations
   for Block C in the 746-757 and 776-787 MHz bands assigned and only if
   the results of the first auction in which licenses for such
   authorizations are offered satisfied the applicable reserve price.

   (b) Use of devices and applications. Licensees offering service on
   spectrum subject to this section shall not deny, limit, or restrict the
   ability of their customers to use the devices and applications of their
   choice on the licensee's C Block network, except:

   (1) Insofar as such use would not be compliant with published technical
   standards reasonably necessary for the management or protection of the
   licensee's network, or

   (2) As required to comply with statute or applicable government
   regulation.

   (c) Technical standards. For purposes of paragraph (b)(1) of this
   section:

   (1) Standards shall include technical requirements reasonably necessary
   for third parties to access a licensee's network via devices or
   applications without causing objectionable interference to other
   spectrum users or jeopardizing network security. The potential for
   excessive bandwidth demand alone shall not constitute grounds for
   denying, limiting or restricting access to the network.

   (2) To the extent a licensee relies on standards established by an
   independent standards-setting body which is open to participation by
   representatives of service providers, equipment manufacturers,
   application developers, consumer organizations, and other interested
   parties, the standards will carry a presumption of reasonableness.

   (3) A licensee shall publish its technical standards, which shall be
   non-proprietary, no later than the time at which it makes such
   standards available to any preferred vendors, so that the standards are
   readily available to customers, equipment manufacturers, application
   developers, and other parties interested in using or developing
   products for use on a licensee's networks.

   (d) Access requests. (1) Licensees shall establish and publish clear
   and reasonable procedures for parties to seek approval to use devices
   or applications on the licensees' networks. A licensee must also
   provide to potential customers notice of the customers' rights to
   request the attachment of a device or application to the licensee's
   network, and notice of the licensee's process for customers to make
   such requests, including the relevant network criteria.

   (2) If a licensee determines that a request for access would violate
   its technical standards or regulatory requirements, the licensee shall
   expeditiously provide a written response to the requester specifying
   the basis for denying access and providing an opportunity for the
   requester to modify its request to satisfy the licensee's concerns.

   (e) Handset locking prohibited. No licensee may disable features on
   handsets it provides to customers, to the extent such features are
   compliant with the licensee's standards pursuant to paragraph (b)of
   this section, nor configure handsets it provides to prohibit use of
   such handsets on other providers' networks.

   (f) Burden of proof. Once a complainant sets forth a prima facie case
   that the C Block licensee has refused to attach a device or application
   in violation of the requirements adopted in this section, the licensee
   shall have the burden of proof to demonstrate that it has adopted
   reasonable network standards and reasonably applied those standards in
   the complainant's case. Where the licensee bases its network
   restrictions on industry-wide consensus standards, such restrictions
   would be presumed reasonable.

   [ 72 FR 48849 , Aug. 24, 2007]

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