§  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 769-775 MHz and
   799-805 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 769-775 MHz and
   799-805 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 769-775 MHz and 799-805 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 769-775 MHz and 799-805 MHz
   frequency bands include the following condition: If at any time the
   supporting governmental entity (see paragraph (b)(1) of this section)
   notifies the Commission in writing of such governmental entity's
   termination of its authorization of a NGO's operation of a system in
   the 769-775 MHz and 799-805 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) of this section notwithstanding, no entity
   is eligible to hold an authorization for a system operating in the
   769-775 MHz and 799-805 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) A nationwide license for the 758-769 MHz and 788-799 MHz bands
   shall be issued to the First Responder Network Authority.

   [ 63 FR 58651 , Nov. 2, 1998, as amended at  65 FR 53645 , Sept. 5, 2000;
    72 FR 48860 , Aug. 24, 2007;  79 FR 600 , Jan. 6, 2014;  81 FR 66832 , Sept.
   29, 2016]