Goto Section: 27.15 | 27.17 | Table of Contents
Revised as of October 1, 2010
Goto Year:2009 |
§ 27.16 Network access requirements for Block C in the 746-757 and 776-787
(a) Applicability. This section shall apply only to the authorizations
for Block C in the 746-757 and 776-787 MHz bands assigned and only if
the results of the first auction in which licenses for such
authorizations are offered satisfied the applicable reserve price.
(b) Use of devices and applications. Licensees offering service on
spectrum subject to this section shall not deny, limit, or restrict the
ability of their customers to use the devices and applications of their
choice on the licensee's C Block network, except:
(1) Insofar as such use would not be compliant with published technical
standards reasonably necessary for the management or protection of the
licensee's network, or
(2) As required to comply with statute or applicable government
(c) Technical standards. For purposes of paragraph (b)(1) of this
(1) Standards shall include technical requirements reasonably necessary
for third parties to access a licensee's network via devices or
applications without causing objectionable interference to other
spectrum users or jeopardizing network security. The potential for
excessive bandwidth demand alone shall not constitute grounds for
denying, limiting or restricting access to the network.
(2) To the extent a licensee relies on standards established by an
independent standards-setting body which is open to participation by
representatives of service providers, equipment manufacturers,
application developers, consumer organizations, and other interested
parties, the standards will carry a presumption of reasonableness.
(3) A licensee shall publish its technical standards, which shall be
non-proprietary, no later than the time at which it makes such
standards available to any preferred vendors, so that the standards are
readily available to customers, equipment manufacturers, application
developers, and other parties interested in using or developing
products for use on a licensee's networks.
(d) Access requests. (1) Licensees shall establish and publish clear
and reasonable procedures for parties to seek approval to use devices
or applications on the licensees' networks. A licensee must also
provide to potential customers notice of the customers' rights to
request the attachment of a device or application to the licensee's
network, and notice of the licensee's process for customers to make
such requests, including the relevant network criteria.
(2) If a licensee determines that a request for access would violate
its technical standards or regulatory requirements, the licensee shall
expeditiously provide a written response to the requester specifying
the basis for denying access and providing an opportunity for the
requester to modify its request to satisfy the licensee's concerns.
(e) Handset locking prohibited. No licensee may disable features on
handsets it provides to customers, to the extent such features are
compliant with the licensee's standards pursuant to paragraph (b)of
this section, nor configure handsets it provides to prohibit use of
such handsets on other providers' networks.
(f) Burden of proof. Once a complainant sets forth a prima facie case
that the C Block licensee has refused to attach a device or application
in violation of the requirements adopted in this section, the licensee
shall have the burden of proof to demonstrate that it has adopted
reasonable network standards and reasonably applied those standards in
the complainant's case. Where the licensee bases its network
restrictions on industry-wide consensus standards, such restrictions
would be presumed reasonable.
[ 72 FR 48849 , Aug. 24, 2007]
Goto Section: 27.15 | 27.17
Goto Year: 2009 |
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