Sec.  90.1430   Local public safety build-out and operation.

   (a) The Upper 700 MHz D Block licensee and the Operating Company through its
   lease arrangements shall, except in the two limited circumstances set forth
   herein, have the exclusive right to build and operate the Shared Wireless
   Broadband Network.

   (b) Rights to early build-out in areas with a build-out commitment. In an
   area where the Upper 700 MHz D Block licensee has committed, in the NSA, to
   build  out  by  a  certain  date, a public safety entity may, with the
   pre-approval of the Public Safety Broadband Licensee and subject to the
   requirements set forth herein, construct a broadband network in that area at
   its own expense so long as the network is capable of operating on the Shared
   Wireless Broadband Network and meets all the requirements and specifications
   of the network required under the NSA.

   (1) Options for early build-out in areas with a build-out commitment. In
   order to obtain authorization to construct a broadband network as set forth
   in paragraph (b) of this section, the requesting public safety entity must
   agree to one of the following:

   (i) To, on its own, or through the Public Safety Broadband Licensee acting
   on its behalf, construct the network at its own expense, and upon completion
   of construction, transfer the network to the Upper 700 MHz D Block licensee,
   which shall then integrate that network into the Shared Wireless Broadband
   Network constructed pursuant to the NSA; or

   (ii) To, in agreement with the Upper 700 MHz D Block licensee, provide all
   funds necessary for the Upper 700 MHz D Block licensee to complete the early
   construction of the network, including any and all additional resource and
   personnel costs, allowing the Upper 700 MHz D Block licensee at all times to
   own, operate, and manage the network as an integrated part of the Shared
   Wireless Broadband Network.

   (2) Negotiation of amendment to NSA. Under either early build out option set
   forth in paragraph (b)(1) of this section, the Public Safety Broadband
   Licensee, the Upper 700 MHz D Block licensee, and the public safety entity
   must, prior to any construction, negotiate an amendment to the NSA regarding
   this part of the network, specifying ownership rights, fees, and other
   terms, which may be distinct from the analogous terms governing the Shared
   Wireless Broadband Network, and such amendment must be approved by the
   Commission.

   (i) Such amendment must provide the terms under which the Upper 700 MHz D
   Block licensee shall receive full ownership rights and shall compensate the
   public  safety  entity (or the Public Safety Broadband Licensee, where
   appropriate)  for  the  construction of the network; and shall, absent
   agreement to the contrary, provide for such transfer and compensation to
   occur prior to the scheduled build out date for such network in the NSA.

   (ii) Any right to compensation from the Upper 700 MHz D Block licensee
   related to such early build-out shall be limited to the cost that would have
   been incurred had the Upper 700 MHz D Block licensee constructed the network
   itself in accordance with the original terms and specifications of the NSA,
   as  reasonably determined by the parties and negotiated as part of the
   required NSA amendment required in paragraph (b)(2) of this section. Such
   costs shall not include costs attributable solely to advancing the date of
   construction or otherwise expediting the construction process.

   (3) Operations. The public safety entity may not commence operations on the
   network until ownership of the network has been transferred to the Upper 700
   MHz D Block licensee. Further, no operations shall be allowed except those
   authorized and conducted pursuant to the authority of the Public Safety
   Broadband Licensee.

   (4) Attribution of early build-out to national benchmarks. Upon completion
   of  construction,  transfer  of ownership to the Upper 700 MHz D Block
   licensee, and compensation as required herein, if applicable, the Upper 700
   MHz D Block licensee may include the network constructed pursuant to the
   early build-out provisions herein for purposes of determining whether it has
   met its national build-out benchmarks and the build-out requirements of the
   NSA.

   (5) Rights to build out and operate in areas without a build-out commitment.
   In  areas for which the NSA does not require the Upper 700 MHz D Block
   licensee to build out the Shared Wireless Broadband Network, a public safety
   entity may build out and operate a separate, exclusive network in the 700
   MHz public safety broadband spectrum at any time, provided the public safety
   entity has received the written approval of the Public Safety Broadband
   Licensee and operates its independent network pursuant to a spectrum leasing
   arrangement into which the public safety entity has entered with the Public
   Safety Broadband Licensee.

   (i) Such leasing arrangement shall not require the approval or consent of
   the Upper 700 MHz D Block licensee; however, the Public Safety Broadband
   Licensee must provide the Upper 700 MHz D Block licensee with notice of the
   public safety entity's intent to construct in that area within 30 days of
   receipt of a request from a public safety entity seeking to exercise this
   option, and shall inform the Upper 700 MHz D Block licensee of the public
   safety entity's anticipated build-out date(s).

   (ii) Should the Upper 700 MHz D Block licensee, within 30 calendar days from
   receipt of notice of the public safety entity's intent to construct in that
   area, certify in writing to the Public Safety Broadband Licensee that it
   will build out the shared network in the area within a reasonable time of
   the  anticipated build-out date(s), as determined by the Public Safety
   Broadband Licensee, the Public Safety Broadband Licensee shall not allow the
   public safety entity to build and operate its own separate exclusive network
   in that area, provided that the Upper 700 MHz D Block licensee and the
   Public Safety Broadband Licensee execute an amendment to the NSA indicating
   the Upper 700 MHz D Block licensee's commitment to build the network in that
   area. Such commitment shall become enforceable against the Upper 700 MHz D
   Block licensee as part of its overall build-out requirements.

   (iii) If the Upper 700 MHz D Block licensee does not exercise its option to
   commit to build out the network in the requested area within 30 calendar
   days of receipt of notice of the public safety entity's intent to construct
   in such area, the Public Safety Broadband Licensee and the public safety
   entity may proceed with a spectrum leasing arrangement, which must be filed
   with  and approved by the Commission prior to the public safety entity
   commencing any operations. The spectrum leasing arrangement must take the
   form of a spectrum manager leasing arrangement under the rules specified in
    Sec. 1.9020 of this chapter, and incorporate the following conditions:

   (A) The network must provide broadband operations;

   (B)  The  network must be fully interoperable with the Shared Wireless
   Broadband Network;

   (C) The network must be available for use by any public safety entity in the
   area;

   (D) The network must satisfy any other terms or conditions required by the
   Public Safety Broadband Licensee; and

   (E) The public safety entity must construct and place into operation its
   network  within one year of the effective date of the spectrum manager
   leasing arrangement. If the public safety entity fails to place the network
   into operation within one year, the Public Safety Broadband Licensee shall
   terminate the spectrum leasing arrangement pursuant to  Sec. 1.9020(h)(3) of this
   chapter. The public safety entity may also seek extended implementation
   authority from the Commission pursuant to the requirements of  Sec. 90.629.

   (6) Except as set forth herein, the separate network is not required to meet
   the other specifications of the Shared Wireless Broadband Network. Absent
   agreement of the public safety entity, the Public Safety Broadband Licensee,
   and the Upper 700 MHz D Block licensee, the separate network may not operate
   using any spectrum associated with the Upper 700 MHz D Block license.

   (7) The Public Safety Broadband Licensee must file with the Commission any
   spectrum manager leasing arrangement as specified in  Sec. 1.9020(e) of this
   chapter; such filing shall identify the public safety entity leasing the
   spectrum, the particular areas of spectrum leased as part of this build-out
   option, and the specific network infrastructure and equipment deployed on
   such leased spectrum.