Sec.  90.1410   Network sharing agreement.

   The relationship between the Upper 700 MHz D Block licensee, the Public
   Safety  Broadband Licensee, and related entities as the Commission may
   require or allow will be governed by the Network Sharing Agreement (NSA) and
   such other separate agreements as the Commission may require or allow that
   are negotiated and entered into between the parties. The NSA must, at a
   minimum, include the following terms:

   (a) All of the substantive rights and obligations of the parties relating to
   the  NSA,  as  established  by  the  Commission concerning the 700 MHz
   Public/Private Partnership.

   (b) Network specifications that comply with  Sec. 27.1305 of this chapter.

   (c) The definition of “emergency” for purposes of emergency priority access.

   (d) All service fees to be imposed for services to public safety, including
   fees for normal network service and fees for priority access to the D Block
   spectrum in an emergency.

   (e) A detailed build-out schedule consistent with  Sec. 27.1327 of this chapter,
   including  coverage  of  major  highways  and  interstates, as well as
   incorporated communities with a population in excess of 3,000.

   (f) The right of the Public Safety Broadband Licensee to determine and
   approve the specifications of public safety equipment used on the network
   and the right to purchase its own subscriber equipment from any vendor it
   chooses, to the extent such specifications and equipment are consistent with
   reasonable network control requirements established in the NSA.

   (g) The Upper 700 MHz D Block licensee must offer at least one handset
   suitable  for  public safety use that includes a seamlessly integrated
   satellite solution pursuant to the terms, conditions, and timeframes set
   forth in the NSA.

   (h) Any major modification of the terms of the NSA, related agreements or
   documents, or such other agreements as the Commission may require or allow
   must  be  submitted  to  the  Commission for prior approval. All other
   modifications  must  be  submitted  to  the  Chiefs  of  the  Wireless
   Telecommunications Bureau and the Public Safety and Homeland Security Bureau
   for prior approval.

   (i) The NSA shall require, in a separate agreement, the granting of an
   irrevocable and assignable right of first refusal to purchase the network
   assets  if  and  whenever  such assets are otherwise to be sold and an
   irrevocable and assignable option in favor of the Public Safety Broadband
   Licensee to purchase the network and all network assets if and whenever the
   Upper 700 MHz D Block license is cancelled or terminated, by reason of
   default or for any other reason, for a consideration equivalent to the fair
   market value of the tangible and intangible assets sold. This right and
   option shall be senior to, and have priority over, any other right, claim,
   or interest in or to the network or the network assets. The NSA shall also
   include a fair market valuation methodology to determine the fair market
   value of the shared wireless broadband network assets.

   (j) The NSA must have a term, not to exceed 10 years from February 17, 2009,
   that coincides with the terms of the Upper 700 MHz D Block license and the
   Public Safety Broadband License.