Goto Section: 27.1308 | 27.1315 | Table of Contents
Revised as of October 1, 2010
Goto Year:2009 |
§ 27.1310 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 § 27.1305.
(c) The definition of "emergency" for purposes of emergency priority
(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 § 27.1327, 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
(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 June 13,
2009, that coincides with the terms of the Upper 700 MHz D Block
license and the Public Safety Broadband License.
[ 72 FR 48854 , Aug. 24, 2007, as amended at 74 FR 8878 , Feb. 27, 2009]
Goto Section: 27.1308 | 27.1315
Goto Year: 2009 |
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