§  27.1503   Broadband license eligibility and application requirements.

   (a) Eligibility. For an applicant to be eligible for a broadband
   license in a county, it must:

   (1) Hold the licenses for more than 50% of the total amount of licensed
   900 MHz SMR (site-based or geographically licensed) and B/ILT
   (site-based) spectrum for the relevant county including credit for
   spectrum included in an application to acquire or relocate covered
   incumbents filed with the Commission on or after March 14, 2019;

   (2) Hold spectrum in the broadband segment or reach an agreement to
   clear through acquisition or relocation, including credit for spectrum
   included in an application to acquire or relocate covered incumbents
   filed with the Commission on or after March 14, 2019, or demonstrate
   how it will provide interference protection to, covered incumbent
   licensees collectively holding licenses in the broadband segment for at
   least 90% of the site-channels in the county and within 70 miles of the
   county boundary, and geographically licensed channels where the license
   area completely or partially overlaps the county. To provide
   interference protection, an applicant may:

   (i) Protect site-based covered incumbent(s) through compliance with
   minimum spacing criteria set forth in § 90.621(b) of this chapter;

   (ii) Protect site-based covered incumbent(s) through new or existing
   letters of concurrence agreeing to lesser base station separations as
   set forth in § 90.621(b); and/or

   (iii) Protect geographically based covered incumbent(s) through a
   private contractual agreement.

   (3) If any site of a complex system is located within the county and/or
   within 70 miles of the county boundary, an applicant must either hold
   the license for that site or reach an agreement to acquire, relocate,
   or protect it in order to demonstrate eligibility.

   (4) The applicant may use its current 900 MHz holdings in the
   narrowband segment to relocate covered incumbents. Spectrum used for
   the purpose of relocating incumbent(s) may not exceed the incumbent's
   current spectrum holdings in the relevant county, unless additional
   channels are necessary to achieve equivalent coverage and/or capacity.

   (b) Application. (1) Applications must be filed in accordance with part
   1, subpart F of this chapter.

   (2) An applicant for a 900 MHz broadband license must submit with its
   application an Eligibility Certification that:

   (i) Lists the licenses the applicant holds in the 900 MHz band to
   demonstrate that it holds the licenses for more than 50% of the total
   licensed 900 MHz spectrum, whether SMR or B/ILT, for the relevant
   county including credit for spectrum included in an application to
   acquire or relocate any covered incumbents filed on or after March 14,
   2019;

   (ii) A statement that it has filed a Transition Plan detailing how it
   holds spectrum in the broadband segment and/or has reached an agreement
   to clear through acquisition or relocation (including credit for
   spectrum included in an application to acquire or relocate covered
   incumbents filed with the Commission on or after March 14, 2019), or
   demonstrate how it will provide interference protection to, covered
   incumbent licensees collectively holding licenses in the broadband
   segment for at least 90% of the site-channels in the county and within
   70 miles of the county boundary, and geographically licensed channels
   where the license area completely or partially overlaps the county.

   (3) An applicant for a 900 MHz broadband license must submit with its
   application a Transition Plan that provides:

   (i) A showing of one or more of the following:

   (A) Agreement by covered incumbents to relocate from the broadband
   segment;

   (B) Protection of site-based covered incumbents through compliance with
   minimum spacing criteria;

   (C) Protection of site-based covered incumbents through new or existing
   letters of concurrence agreeing to lesser base station separations;

   (D) Protection of geographically-based covered incumbents through
   private contractual agreements; and/or

   (E) Evidence that it holds licenses for the site-channels and/or
   geographically licensed channels.

   (ii) Descriptions of the agreements between the prospective broadband
   licensee and all covered incumbents collectively holding licenses for
   at least 90% of site-channels within the county and within 70 miles of
   the county boundary, and geographically licensed channels where the
   license area completely or partially overlaps the county.

   (iii) Descriptions in detail of all information and actions necessary
   to accomplish the realignment, as follows:

   (A) The applications that the parties to the agreements will file for
   spectrum in the narrowband segment in order to relocate or repack
   licensees;

   (B) A description of how the applicant will provide interference
   protection to, and/or acquire or relocate from the broadband segment
   covered incumbents collectively holding licenses for at least 90% of
   site-channels within 70 miles of the county and within 70 miles of the
   county boundary and/or evidence that it holds licenses for the
   site-channels and/or geographically licensed channels.

   (C) Any rule waivers or other actions necessary to implement an
   agreement with a covered incumbent; and

   (D) Such additional information as may be required.

   (iv) A certification from an FCC-certified frequency coordinator that
   the Transition Plan's representations can be implemented consistent
   with Commission rules. The certification must establish that the
   relocations proposed therein take into consideration all relevant
   covered incumbents and are consistent with the existing part 90
   interference protection criteria if the covered incumbent is
   site-based, and include any private contractual agreements between the
   prospective broadband licensee and a geographically-licensed covered
   incumbent.

   (4) Applicants seeking to transition multiple counties may
   simultaneously file a single Transition Plan with each of its
   county-based applications.

   (c) Anti-windfall provisions. (1) The applicant must return to the
   Commission all of its licensed 900 MHz SMR and B/ILT spectrum, up to
   six megahertz, for the county in which it seeks a broadband license.
   The applicant will be required to file, within 15 days of filing its
   broadband license application, an application(s) to cancel all of its
   900 MHz SMR and B/ILT spectrum, up to six megahertz, conditioned upon
   Commission grant of its application.

   (2) If the applicant relinquishes less than six megahertz of spectrum
   in accordance with paragraph (c)(1) of this section, then the applicant
   must remit an anti-windfall payment prior to the grant of the 900 MHz
   broadband license. Payment must be made through a monetary payment to
   the U.S. Treasury.