Sec.  90.1432   Conditions for waiver to allow limited and temporary wideband
operations in the 700 MHz public safety spectrum.

   (a) Wideband operations in the 700 MHz Public Safety spectrum. Wideband
   operations are prohibited in the public safety allocation of the 700 MHz
   band public safety spectrum except where the Commission has granted a waiver
   pursuant to  Sec.  Sec. 1.3 and 1.925 of this chapter and subject to the additional
   conditions and requirements specified in this section. Grants of waiver are
   restricted  to the deployment of a wideband system in the consolidated
   narrowband portion or the internal public safety guard band portion of the
   public safety broadband spectrum. Where spectrum in the narrowband segment
   or internal guard band segment is unavailable for wideband operations,
   public safety entities may request a waiver to operate in the upper 1.25
   megahertz of the public safety broadband spectrum.

   (b) Any public safety entity seeking to conduct wideband operations within
   the  public  safety  allocation must file a request for waiver that is
   accompanied by an application for authorization and includes the following
   information:

   (1) A letter from the Public Safety Broadband Licensee, confirming that the
   proposed  wideband  deployment  is not inconsistent with the broadband
   deployment plan for the affected or adjacent service areas; and

   (2) A description of the conditions or transition requirements, if any,
   agreed to between the applicant and the Public Safety Broadband Licensee.

   (c) Additional requirement for wideband operations in the narrowband segment
   and Internal Guard Band. If an applicant seeks permission to deploy wideband
   systems in the narrowband segment, its waiver request must also include a
   letter from the appropriate regional planning committee or state licensee
   confirming  that the proposed wideband deployment will not disrupt any
   regional or state planning efforts that are underway.

   (d) Additional requirements and conditions for wideband operations in the
   broadband  segment.  Permission  to conduct wideband operations in the
   broadband segment will be granted only where spectrum in the narrowband
   segment or the internal guard band is unavailable for wideband operations.
   In no event will permission be granted to conduct wideband operations in
   geographic areas scheduled for broadband deployment within the first three
   years of the build-out plan for the Shared Wireless Broadband Network.

   (1)  An applicant seeking permission to deploy wideband systems in the
   broadband segment must have first issued a request for proposal (RFP) that
   permitted  interested  parties  to submit broadband proposals that are
   technically consistent with the Shared Wireless Broadband Network.

   (2) A request for waiver that seeks permission to deploy wideband systems in
   the broadband segment must include the following information:

   (i) A substantially supported, detailed technical showing demonstrating that
   insufficient spectrum in the narrowband segment or the internal guard band
   is available to support the desired wideband operations;

   (ii) A showing that rejected responses to the required broadband network RFP
   were more costly, provided less coverage as measured by throughput at the
   network edge, or were otherwise inferior to the accepted wideband proposal;
   and

   (iii) A detailed plan for integration of such wideband system into the
   Shared Wireless Broadband Network. This plan must specify how and by what
   date the wideband applicant will integrate its proposed wideband system into
   Shared Wireless Broadband Network and must include a certification that the
   public safety entity will not seek reimbursement for any costs involved in
   converting the wideband system to Shared Wireless Broadband Network upon
   completion of that network in the applicant's geographic area.

   (3) Authority to conduct wideband operations in the broadband segment of the
   public safety spectrum will be subject to the following conditions:

   (i)  All  devices operating on the wideband system must be designed to
   interoperate with Shared Wireless Broadband Network;

   (ii) All waivers will expire automatically upon the Upper 700 MHz D Block
   licensee's initiation of service in the service area covered by such waiver.

   (e)  Secondary  status of wideband operations. All wideband operations
   permitted under this section shall be secondary to the authorized narrowband
   or broadband applications, as applicable.

   (f) License terms for wideband operations. Any secondary license to conduct
   wideband operations in the public safety spectrum shall have a term of no
   more than five years.

   (g) Renewal of wideband authorization. Any request for renewal of an initial
   authorization to conduct wideband operations shall be filed not less than
   180 days prior to expiration of the license. All renewal requests must
   include a showing that continued operation of the wideband system is in the
   public interest and must be accompanied by a letter from the Public Safety
   Broadband Licensee confirming that continuing wideband operations are not
   inconsistent with the broadband deployment plan for the affected or adjacent
   service areas. The license term for any renewal of a license granted under
   the waiver provisions herein shall not exceed three years. No more than one
   license renewal will be granted.

   (h) Grandfathered wideband STA operations. Upon request, the Public Safety
   and Homeland Security Bureau may grant a public safety entity that has
   constructed, deployed, and was operating a wideband system as of July 31,
   2007 pursuant to STA to extend the STA grant for periods of no more than 180
   days until, but not later than, six months following the selection of the
   Public Safety Broadband Licensee.